Washington Department of Fish and Wildlife 9/11/2023

WDFW # 23-23154 Page 5 of 18 of the find will be secured and protected from further disturbance until WDFW provides notice to proceed. The GRANTEE or their subcontractors must immediately notify WDFW, the Washington State Department of Archaeology and Historic Preservation (DAHP) and either the Cultural Resources Program Manager or Tribal Historic Preservation Officer of all affected Tribes. The GRANTEE will also report the finding of human skeletal remains to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/ coroner determines the human skeletal remains are non-forensic, then they will report that finding to DAHP, who will then take jurisdiction over the remains. DAHP will notify any appropriate cemeteries and all affected Tribes of the find. The Washington State Physical Anthropologist will make a determination of whether the human skeletal remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected Tribes. DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the human skeletal remains (RCWs 68.50.645, 27.44.055, and 68.60.055). C. Discovery of Cultural Resources. If suspected cultural resources are found while conducting work under this contract, the GRANTEE shall immediately stop any activity that may cause further disturbance. The GRANTEE or their Contractors must immediately notify the WDFW Project Manager. WDFW will contact DAHP and the Cultural Resources Program Manager or Tribal Historic Preservation Officer of all affected Tribes to alert them to a possible identification of cultural resources. The GRANTEE’S ARCHAEOLOGIST will confirm the find represents archaeological material(s) or feature(s) and notify the GRANTEE, WDFW Project Manager, and the WDFW ARCHAEOLOGIST. The GRANTEE’s ARCHAEOLOGIST will provide photos of the archaeological material(s) or feature(s) with an appropriate scale. The WDFW Project Manager, in cooperation with the WDFW ARCHAEOLOGIST, will contact DAHP and affected Tribes to identify appropriate points of contact and send the provided photos. WDFW, DAHP, and affected Tribes will consult to determine next steps. If it can be determined at this step that the material(s) or feature(s) represent a potentially significant archaeological site, the GRANTEE will be advised of interim protective measures. Work may resume outside the affected area plus any necessary buffer, unless the WDFW ARCHAEOLOGIST directs otherwise. WDFW will initiate Tribal and DAHP consultation regarding evaluation of the find’s significance, potential for effects caused by the project, and subsequent treatment plans or Memoranda of Agreement (MOA)s. Wherever possible, the preferred treatment of significant archaeological resources and historic sites will be in situ preservation. If a treatment plan requires that such resources be excavated or removed, an agreement must first be reached between WDFW, the GRANTEE, and the consulting parties before work can proceed. Failure to abide by this section can result in immediate termination of this contract in addition to any other remedies allowed by law. ASSIGNMENT The work to be provided under this contract, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. BUILD AMERICA, BUY AMERICA The GRANTEE is subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, §§70911-70917) for the types of infrastructure projects under the EPA program and activities specified in the chart, “Environmental Protection Agency's Identification of Federal Financial Assistance Infrastructure Programs Subject to the Build America Buy America Provisions of the Infrastructure Investment and Jobs Act.” None of the funds provided under this contract may be used for a project of infrastructure unless all iron and steel, manufactured products, and construction materials that are consumed in, incorporated into, or affixed to an infrastructure project are produced in the United States. The Buy America preference requirement applies to an entire infrastructure project, even if it is funded by both Federal and non-Federal funds. The GRANTEE must implement these requirements in its procurements, and these requirements must flow down to all subawards and contracts at any tier. For legal definitions and sourcing requirements, the recipient must consult EPA’s Build America, Buy America website and the Office of Management and Budget’s (OMB) Memorandum M-22-11, Initial DocuSign Envelope ID: 7FA61F69-7F37-4B7B-8E00-24BAE208A655