dillard university of new orleans request for proposal for ... hartzell-camphor 2010rev22.pdf ·...

Dillard University of New Orleans Request for Proposal for Professional Architectural/Engineering Services

For Hartzell-Camphor Living Learning Center

Dillard University seeks proposals for professional Architectural and Engineering Design and Contract Administration Services from experienced firms for renovations and repair to the referenced project. As provided below, Requests for Proposals are for services generally indicated in Attachment "A." Objective and Background:

Dillard University intends to completely renovate the historic Hartzell/Camphor Halls, damaged during Hurricane Katrina, back to its original Use as a dormitory building with a Learning Center component.

The original Hartzell Hall was constructed circa 1935 and Camphor hall circa 1947. The buildings were eventually joined by additions made in 1962 and 1970. Combined, the buildings comprise approximately 68,790 square feet.

The first floor was flooded during Katrina and the roof was severely damaged. Water intrusion from the roof has caused extensive damage to the second and third floors of the buildings. As such the buildings require complete renovation of all interior elements. During the renovations, the University intends to provide modern dormitory accommodations with two, double occupancy dorm rooms sharing a common bath. The existing "gang" bathrooms will be removed.

The first floor of the 1962 and 1970 additions were renovated as temporary accommodations for some University departments after Katrina. These improvements were considered "temporary" and have since been vacated. This area will be renovated as part of this scope to include new program elements and new mechanical and electrical work. Renovation of this area will also be required to accommodate the new plumbing and/or mechanical requirements for the dormitory renovation on the second floor. The exterior of the building is also required to be rehabilitated during this scheduled renovation. Exterior renovations shall also include the redevelopment and landscaping of courtyard spaces as part of the proposal.

Funding for the project is being provided by FEMA as an "Alternate" project combining funds from other buildings destroyed by Katrina. Partial funding is also being provided through a National Park Service grant for Historically Black Colleges and Universities (HBCU's) under the American Recovery and Reinvestment Act (ARRA.) The funds are made available to repair and preserve campus buildings listed on the National Register of Historic Places.

I. Services to be Provided:

Dillard University is requesting full architectural services for the programming, design, cost estimating, preparation of construction documents, reproduction costs, bidding, construction administration, final inspection, and project acceptance. Dillard University is desirous that the successful architect/firm provide a full range of professional services, including the measuring and documentation of existing buildings, but exclusive of soil testing and special inspections.

II. Instructions:

Respondents shall deliver proposals to Dillard University, directed to the attention of Mr. Theodore Callier, 2601 Gentilly Blvd, Rosenwald Hall (RM 225), New Orleans, LA 70122 no later than 4:00 PM Friday July 16, 2010. Dillard University will not accept any proposals by after the expiration of this deadline, or by fax or e-mail.

III. Qualifications: Submittals shall clearly demonstrate the applicant's qualifications to perform the needed services and attend to all factors applicable in a professional relationship, and shall include detailed resumes or curricula vitae for the principals performing the services including consultants and other secondary firms that comprise the respondent's team. The prime firm must be a Louisiana licensed ArchitC9tnral firm as required by the Louisiana State Board of Architectural Examiners. The applicant must demonstrate experience in performing historic rehabilitation work that conforms to the Guidelines for Historic Rehabilitation as established by the Secretary of the Interior.

IV. Insurance: Successful proposers shall furnish proof of insurance in the following amounts: 1,000,000 General Liability, $500,000 Workmen's Compensation, and $500,000 Auto Liability.

V. Inquiries: Dillard University will reasonable attempt to answer any questions submitted by July 9, 2010. Direct inquiries regarding the general scope of this RFP to Dr. Karen Goldstein via facsimile at (504)816-4433 or email at [email protected]. The Reference line of Email and fax inquiries and should state “RFQ Hartzell-Camphor Inquiry”.

VI. Format: Applicants shall submit one (1) signed original and seven (7) duplicate copies on. Federal forms SF330, or computer generated form in the same format. Submittals shall be limited to Architectural/Engineering Questionnaire forms with a cover letter that addresses any requested information, such as fee proposal, not specifically addressed in the SF330. Proposals are to be submitted in sealed packages, with the RFP title indicated on the exterior of the envelope.

VII. Proposals MUST contain the following statement signed by the applicant or its

authorized representative, "By responding to this RFP, respondent agrees to Dillard

mailto:[email protected]�

University's Requited Contract Provisions as provided in Attachment "B" and therefore waives any further right to contest the required provisions."

VIII. Selection: In brief, the procedure allows for the evaluation of the Statements of Qualification and the most qualified firms are considered for selection. Dillard University will apply the following selection criteria and weighting factors to evaluate proposals:

XI. Ownership

All proposals and all documentation submitted therewith are Dillard University property for all purposes. The University does not guarantee the confidentiality of submissions.

X. Effect: This Request for proposal and any related discussions or evaluations by anyone creates no rights or obligations whatsoever. Dillard University may cancel or modify this solicitation at any time at will, with or without notice. Anything to the contrary notwithstanding, the Professional Services contract executed by Dillard University and the selected applicant, if any, is the exclusive statement of rights and obligations extending from this solicitation.

CRITERIA POINTS Experience and capability of firm 30% The firm must be experienced and skilled in performing historic rehabilitation work and! or student housing and include references with names and phone numbers of contact person(s). Personnel 30% Include resumes of key personnel. Resumes must demonstrate that the architects and engineers are licensed in the State of Louisiana. Key Personnel of successful Architect cannot be replaced without the prior approval of Dillard University. Such approval shall not be unreasonably withheld. Methodology 10% Detail how the project will be accomplished, including projected schedules, deliverables, quality assurance, etc. Cost 30% Itemized cost statement of Professional Services.

Dillard University of New Orleans

Request for Proposal for Professional Architectural/Engineering Services for

Hartzell/Camphor Living Learning Center

Attachment "A"

WORK STATEMENT

A. This proposal is intended to secure the services of an architect using a competitive process to develop plans and specifications for a complete renovation of the building using modern and historic materials and construction methods and current building

codes and standards.

B. The plans and specifications are to be full construction documents, complying with the Secretary of the Interior's Standards for Rehabilitation. The National Park Service (NPS) and the State of Louisiana's State Historic Preservation Office (SHPO) are to be consulted during the design process and the construction phase to ensure that the project meets the requirements of the HBCU's grant.

C. The architect must also prepare a full and detailed 16 Division, Statement of Probable Cost for the rehabilitation.

a. The plans, specs, and Statement of Probable Cost will be submitted. b. The design for the rehabilitation should provide for the same function, size,

uses and capacity as the old building as much as possible. c. The design should contemplate the use of current building materials and

construction methods where applicable. The rehabilitation of the original Hartzell and Camphor Halls will require the use of historic building materials and must incorporate modem building systems in a most minimally intrusive way as possible.

d. The design should adhere to current codes including but not limited to:

i. ADA Guidelines ii. Building Codes

iii. Fire Codes

D. These documents along with the detailed Statement of Probable Cost will be used for Dillard University's budget purposes.

E. The Statement of Probable Cost must provide a complete 16 division breakdown and include sufficient detail to ensure that the costs are fair and reasonable. For example:

a. Unit prices used should be explained in some detail. b. Quotations from multiple (at least 3) suppliers to document the costs of large

equipment items are recommended. F. Architect will be required to work and interact with the National Park Service and

SHPO and resolve any issues or questions necessary to allow for full funding of the NPS grant. The process is expected to be interactive.

G. Architect would be expected to present the final report at a Dillard Board meeting upon the completion of the work.

H. Progress reports and a final report are required and should be outlined in the proposed contract presented by the Architect.

1. Proposer must be licensed in the State of Louisiana

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1. ';!Lo& ProgrnID : The g10intee agrees to utilize the American. RclnvesilneJlt and Rec<:we:ty Act of 2009 (iI.RRA) gumt funds to catty out the preservation/rehabilitation Itnd.t:estoration of the Caillphor/ Hru:tzell C01l:ljJlex building project specified in the grant application. Upon -the selection of a historical architect! engineer (A/E), me gtantee also agrees to submit a detailed scope of wod< with class-C cost estimates to the NPS.SERO fur review' lUId approval.

If lilly portion of the work to be supported by thls gmntteceives :fin.w.cial assistsnce from another souJ:ce during the gtant period, the gumtee must promptly notifY the grant awa:tdiog official (the NPS official whose signatut:e and title appears on the GW1t Agreement) in writing.

2. Period ofP~ The project !):lust begin w:i:J:h1.tt six months afi:et the gumt agteement ru.s been signed. If activities have not begun in accordsnce with the apPJ:Oved pr.oject titncline the g1Oi11t will be suspended OJ: te:tminated and the funds tecaptut:ed by the National Pm Se1vice.

In addition to the above r~e!J1ents to cotnmlt the funds, the project scope of wo& must be completed within 3 years of the saut date of the g=t agteement. Planning lI11d design shall be co1l:ljJleted within no less than one year:t:rlBXirn= and the construction pru.se sbill be completed within no less than two y=:t:rlBXirnutn upon conclusion of the design phase.

3. I'mfessiMal Services, Qwilifican011s of C01lSu!tants.

a) All AlE and consb:uction work: must be perfonued in accoroance with. the Secretary of the Interior's Standards fOI: the 'treatment ofHistorlc Propel ties attrli. the National and Local Bu;U;1iog Codes. All AlE and landscape I'l.tcbitectol:e work shill be perfottned unde~ the dttect supervision of a professional histotical architect/historical enginee:t/historical1andscape architect

b) All I'l.tchitectru:al design dJ:awings and const!:llcnon docutnents to perfOtlO work supported by this g:1'ant must be subtnitted for prior teview and written app:roval to the State Histo,..ic Preservation Office (SHPO) and to the Southeast Regional Office (SERO) of NPS, Cultur.al Reso1ll:c~.s DiVision, Attention: Paul Hatchett Chle£, Historic Architecture B:tanch.

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c) 'rhe selection of the. AlE fi_ and award of the. co1lSttuction conttact must be tl:ttough the. competitive negotiation me1hod, whereby competitors qualilications ate evaluated and the most qwt.!ifled oompetil:or is selected, subject to negotiation of fuito and reasonable compensation. Resutnes, refetences, and past wotk ~rience will be' evaluated to assess professional <J.Ualifications for ptocu:teroent of professiorutl services

d) Prior to fue final selection of a historical architect/histot:ica1 engineer/historical landscape arChitect, and the construction conb:actor, the grantee shill submit the jJtofel>sional qualificati01lS of the selected AlE and the. construction conttacto.t to the SERO of NPS, Cultutal ResoU1X:es· Division, Attention:. Paul Hatchett, Chief, Historic Architecture B:tonch fot :review and ajJjJfavnl.

e) Upon the selection of a historical arChitect! engineer (A/R), the grantee .Iso og:rees to sUbmit a detailed sCOjJe of work with class-C cost estitnates to the NPS-SERO for review and apjJrovii.

J) Prio:t to signing the final agl:eetDenl: of the. couttactwith the A/R and construction contractor, the gtantec shall submit" COjJy of the agJ:eetnetJ.t to the NPS fur review and approvaL A copy of the signed contract must then be foxwatded to the SERO ofNPS, Cultural Resources Division, Attention.: Paul Hatchett, Chief, Historic Architecture

1) Historic P=emation Fund G=ts Manuil Chaptet 17, Section R ~ to Contracting with.Minority Business Enteq>:tise and Woman "Business Enteq>rise Firms. IUs fue Fede:ta1 Gmr=eut's polky to awa.td a fail: share of contracts i:o .Minority 'Business Ellteq>:tises (MERs) and. WOlllan Business Euteq>rise.. (WBR's).

/~.""-- ----;) Pmject Mamge;t:

( The Project M.aru,get" hall be the representative of the recipient/school and. a Point of --60llt<\cti:>z;l'WCe;; the school and the NPS Southeast Regional Office (SRRO). The

P:toject M~ should. have experience and knowledge of construction tnanogement. ':rhe selected person will be resjJonsible fo~ overall supetvision atld management of the entire pmject. The l'mject Mrulage.t will supeJ.-v:ise the architect/ engineer (A/E), contractor and any other professionals who will be involved. in the jJtoject.

The Pwject1\'1:anoger pwvides, reviews and approves ill necessmy documents such as AlE and. conf:tac:tOl: invoices, the schedule of d,e values, AlA certificate of jJayment and the

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SF-Z70 Request fo:tAdvance or Rehnbmsement Fonn and subtnlts these documents to the NPS ISERO fot xeimbmsement. The P:toject Manage:t Wso reviews the requi1:ed Progress Reports (Interim and FttIiI,) and insures that these reports ate subtnltted to the NPS in a titneljr ttmIltlet.

The P:tojectManage~ will be a liaison between NPS/SERO Cultru:al R.esOUl.'CC Division (CRn) :representative and the AlE and the conl:mctofS. Th.ey m.ust be fulniliar with the Secret;rty of the Intecio£s Standards fur the Treatment of Historic Ptoperties and have Expetience in preservation/tehabilitation and tesrot:ation ofhistorlc stmctUl:es.

The Project Man.aget costm.ust be documented by ti.nte sheets. HoUl:5 spent by the ptoject Manager on grant-OBsisted wotk ate only eligible to be cbru:ged to this grant if apptoved by the NPS. Selection of a Project Manager must also be conctttJ:ed by NPS. 'The qualifications and expetieoce of the Project Ma.o.age.t:!P.tiudpal Investigato! to be assigned for ditect wotton the project ate evident, and appeat to be adequate to achieve project goWs and objectives and will. be avaihble fat wott 00. this agreement.

4. Section 106 Pursuant to Section 106 review, the grantee must co1tl:jJlete the co:o.suItation process stipulated in the :tegu1ations issued by the Advisory Council fut HiRtoric Pxesetvaiion in 36 CFR 800 prior to !he COlllJncO.cement of construction watt on the Ftopetty. (Note that lhe NPS mUst r.eceive a copy of the State Historic Pxesel."Vation Officer's wtlti"Cn appl:OV"al of the methodology or plan to be used £010 any atclmeological testing or gr01l1ld-bteoking). NPS bas ioiiiated the Section 106 consultation ptocess with the State Historic Preservation Officer, by notifying the smo of the grant.

To co:tnplete the Section 106 review, the grantee must sub:tnit plans and specifications fux the pt:Oject to the SHPO. 'The grantee then ttrust sub:tnit to the NPS Awa.tding Official copies of the following: 1) any written co=ts "!he grantee receives from "!he smo in response to submission of plans and specifi<-.ations for the project, including any suggestions for modifying the project, and 2) the smo's written conan:tence with the project as pxoposed OJ: as modified. In any event that the grantee and !h.e SHPO cannot teach agree:l:nent, the grantee must notify NPS in writing so that NPS may palticipate in the concloslon of the consultation. 3) C01lstt:nction documents (d.tawings and specificatione along wi!h class A cost esti:ro.ates) must Wso be submitted by the grantee to SERO-NPS, ~ .. ' Cultru:al R.esOlttces Division, Atteniion; Chic£; Historic Atchitecture Branch rut review and "\1/ apptoval prior to !he letting of contmcts at com.ro.encel11ent of wotk.

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5. Preservation Easement/Coymant The pm:pose of tbiz gr=t is to ptesetve highly sigoificant historic properties fo:r futor.e genel:ations. Section 1029a)(5) of the Natioual Historic Pre.'etv'ation Act requites that HPF gtantees agree to assume, afte1: the cotIl{>letion of ;he project, the total cost of continued 1naiotehance, :repair adtoinist:tation of the gtont-assisted property in a =er satis&ctoty tn ;he Sectetaty of the Intetiot's Standards fo! ;he Treatment of Historic Properties (see Chapter 6, Section M of Gml.ts V.1lUl=l). .

Accordiitgly, the grantee must gt:attt a cOvanaJlt to the State Historic PreseJ:vation Offiret in the state whete tbiz pl:Operty is located. The tetm of the covenant must tun fot at least 10 years from the end ds.te of this Gt=t Agreement, A signed final copy of the covenant must be submitted to the Natioual Paik Service (NPS), Southeast Regional Office (SERO), Cultw:al Resoutces Di:vlsion, Attention: Paul Hatchett eWe£; Historic Atchitectute Btancb,.

6. Eligible and Ineligible Costs a) &q>enses chatged to gtant funds may not be incutted prior to tbe beginning date

specified .hove ot subsequent to the gr=t end date, and may be incutl:ed only as necessaty to au:ty out;he approved objectives, scope of wotk, and budget of this Gnmt Agreement.

b) New consttuction of new additions to the existing historic sttuci:u.te, <>:te not eligible (with the e:z:ception of any limited new constluction that lDAy be needed to create access fot the disabled to individual historic buildings or fitcilities).

c) Costs of fundtalsing ate notel:igible costs chargeable to the gn>nt fo~ reimbursement.

d) Ptojects lnlly io.clnde the presetVation, tehabilitatioll and ~estOtatioll of a docUJl1ented historic landscape as part of a struclxtted rebabilitatioll project Landscaping os a pa1t of genetal site irop:rovetll.ents, including patking lots, sidewalks, repaving streets, and instolliog non-historic street fixttu:es (such as street lamps ox benches) is not eligible wooc

e) The grantee =t erect and!l:laiotaio a project sign at the k;;·'~;;iJlite. The sign must he ofi't.>asDnable and adequate design and COllstl;uction to wil:hsWl1,· .. \.. .• ~et expoSUie; be of a size that Can be easily reM £torn ;he public right-of-way; and be n.iRintalned in place

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th:toughout the project tetm as stipulated in the Graut Agreement. . At a minimutn, fue sign. emu..t contain fue following statement:

"Consttuct!on of the [ name of ptopettyl is being supported bjr an.American Reinvestment and Recmrety Act G1:ant using fonds from fue Historic Preservation Fund (rIP£!) administeted by the NatioruJ Paile Setcice, Depatl:!:J:leUt of fue Interim: .. "

Additionol. in:fo:ttnation briefly identifying fue hlstori.cal significance of fue PfOPerty 01: =ognizing ofuet cotttributofS is enco"taged and pettniJ;sible. Photogtaphs of the sign must be included wlJh the Finol. Project Report submitted to NPS. The cost of fabricating and erecting this sign is an eligible cost fot ;his grant.

r-.... 7 Project Monitoring (-----J .. !

The g:t$tee agfees to m.!ntoln clos~ .. ~~!:o~NPS teptesen~v",: ~Atlan.ta,.Geotgio., tlttoughout the g:tant penod.. NPS reptesHlta.tives will :malre o:ns~te VlStis to mo:o1to! me J>rogtess of the g:tant-supported woik. NPS reserves me right to request ;;neetiogs, upon reasonable notice wllli grantee staff at intetvals daring me coutse of project woik. The gr-<W.tee agrees to ptomptly notlfjr me gtant a:watd.iIJg official sbo"ld any of the following conditions become known:

a) P:roblems, dehys, Of adv",:se conditions th:atwill roateriilly affectfue ability of fuc grantee (oc its suhconttactors, if any) to attain project objectives, prevell:t me pl:oject from meeting plaMed timetables, or l'i-eclude the completion of approved worle;

b) The need for adjustment (revision) to fue project budget.

S CompletiojJ._~

Tlrtee copies of a completion i-epotl: fa:!: me gmnt project (wi1h accompanying photogtaphs of fue building tik~ befoxe and a£l:e~ the completion of the W01.k), must be fo=ded to the National Parle Service with Final'Progress Report.

9 Contract ModificatioOE .. Tbe ~tori.c Presetvation F1~~~Gi-atlts Manual, Chapter 17, Part 1 tefets to Cost of Price Aoalys).S. It states mat cost '?i ",<,'ft based on esf:1lnated costs fOl: contracts undet me grants shill be allowed o:uly to the atent thlc~t .inconed Ol: co~t estimates include.in negotiated prices ate consistent wim Fedetol cost prillciple. 111 particular a change otder must not be used to increase me cost of a conttactwhich was dcliberately undetbid to get me awa:td..

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Change orders to adjust the cost of the contract without au inc~ease in scope !:Dll'j' be adjusted for materiJlls and labot costs only. The med tee profit amount must remain the same.

ll. Ailmjni5trame and National P!ilit;y lkq;uitem.ep,ts. The grantee agtees that the conditions and requirements of Office o£Mrulagement and Budget COME) Citcu1ats A~21, A-102, A-l10, .Ar122 and .Ar133 will be the basis fodts opetation and administration of this gtant.

L Office of Managemenhll!.d Budget (OMB) Circulars and parallel regulatiol!lls at 2 CFR Parts 215·230 and further discussed in the Department of the futerlor regulations at 43 CF.R l'arl12: By accepting Federal assistance, your orgaruza:tion agrees to abide by the llJ?Plicable OMS CircnIats in the expenditure of Federal funds ami. perfonnance under this program.

OMB Circular A-21, "Principles:for Determining Costs Applicable to Grants, Conlracts, And Other Agreements with Educational Institutions" (Revised 08/08/2000)" http://www.whitehouse.gov/omb/circu1arsla21!a21.html

OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments (10/07/1994) (further amended 08/29/1.997)" http:/)www.w:bitehouse.gavfomh{circulars/a102!al02.httul

OMB Circular A -110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" http://www.whitehouse.gov/omb/circulars!al10/al10.btml OMB Circular A-122, "Cost Principles for Nonprofit ·Organizations" htlp:llwww.whitehouse.gov/omb/circu,!arsfa122.html

OMB Circular A-133, "Al1dits of States, Local Govemments, and Non-Profit Organizations." http://www.whitehouse.gov/ombfcircularsfa133/a133.html

The gta',t}'"1.so ag1Cees to the followit:lg terms and corulliions necessary to facilitate a&nini.sttatiou of the gtint ",,8[~ .~. tceecct the interests of the Fedell!l Govetntneut. Noncomplli.uce with these terms and conditi;;n~ cause disallowance of costs chatged 1:-0 this gtant.

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Ill. Standard Award Terms and Conditions. 'I'his agreement incorporates the Standard Award Tenns and Conditions found at the following Department of the Interior website as if they we:re given here: bttp:!lwww.doi.gov!pam/TermsandConditions.httn1. Upon request, the NPS will provide the :recipient a copy.

2. Acceptance of a Federnl Finsncia1 Assistance award from the Department of the Interior (DOl) carries with it the :responsibility to be aware of and comply wIth the tenns and conditions of award. Acceptance is defined as the start of work, drawing down funds" or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by DOl and are subject to the terms and conditions incorporated either directly or by reference in the following:

• Pro gram legislation\regulation including the prov:isions of the American Reinvestment and Recovery Act of 2009 (p.L.lii-S) and subsequent regulations .

.. Special terms and conditions •

• Code of Federal Regulations(Regulatory Requirements, as applicable (Contact your program officer with any questions regarding the applicability of the following):

Z CFR Part 1400 Govemment-wide Debarment and Suspension (Nonprocurement)

43 CFR 12(A) Administrative and Audit Requiremt:'nts and Cost Principks for Assistance Programs

43 CPR 12(E) Buy American Requirements for Assistance Programs which for ARRAfunding projects are supplemented by Z CFR Part 176, and described below.

43 CFR U(C) Uniform Administrative Requirements for Grants and Cooperativt:' Agreements to State and Local Governments

43 CFR 12(F) Uniform Administrative Requirements for Grants and Cooperative Agrecrnent~ with Institutions of Blgher EducaJion, Hospitals,

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other Non-Profit and Commercial Organizlitions.

43 CPR 43 Govemment-wide Requirements for a Drug-Free Wotkplace

43 CFR 18 Restrictions on Lobbying

a. Comp1imnce with Buy AmerlcanAct.

Notice: PUISuant to sec. 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following:

In the case of any equipment or product that may be authorized to be purchased with iinancial assistance provided using funds made available in fhls act, it is the sense of the CongreSs that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

Recipient agrees to follow the requirements in 43 CFR Part 12, Subpart E, Buy American Requirements for Assistance Programs and speci:lic provisions for ARRA provided in Section 3, below. .

b. Opposition to Any Legislation. In accordance with ilie Department of the Interior, Environment, and Related Agencies Act, 2006, Title IV, Section 402, no part of any appropriation contained in tlris Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

c. Endol.'Sel!ll1e1!lJ:s. Recipient shall not publicize or olilerwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, burean, or govenunent employee endorsement of a product, service, or position which the recipient represents. No release of information relating to this award may state or imply iliat the Govemment approves of the reCipient's work products, or considers the recipient's work product to be

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superior to other produc1l; or services.

1) All info:rma.tion submitted fur publication or other public releases of information regarding this project sball carry the following disclaimer.

2) The views and conclusions contained in this document are those of the authoIll and should not be interpreted as representing the opiniow or policies of the U.S. Government. Mention of trade names or commercial products do not constitute their endorsement by the U.S. Government.

3) Recipient must obtain prior Government approval for any public infurmation releases concerning this award which refer to the Department of the InieIior or any bureau or employee (by name or title). The specific text, layont photographs, etc. of the proposed release must be submitted with the request for approval.

4) A recipient further agrees to include this provision in a sub av;rard to sub recipient:, except for a sub award to a State government:, a local government:, or to a federally reoognized Indian tribal govemment.

d. Retention awl! Access Requirements foll:' Records. All recipient financial rold progr'd1llIllatic records, supporting documents, statistical records, rold other grantsrelated records shall be maintained and available for access iIi accordance with 43 CFR Snbpart'c, Section 12.82 for State, local and Indian tribal governments or -Subpart F, Section 12.953 for iustitutious of higher education, hospitals, other nonprofit orgaoizations Of eutities all other organizations and the additional requiJ:emeuts provided specifically for ARRA funded projects at 2 CPR Part 176. For ARRA Fuuded projects, each contract awarded nsing funds made available shall provide that the Comptroller General and his representatives and the DOl Inspector General (IG) are anthorized to examine any records of the contractor or any subcontractor, or any State or local agency administering the oontract:, that directly pertain to and involve the transaction relating to the contract or subcontract and lo interview any current employees regarding sneh transactions.

e. Central Contractor Registration (eCR).

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1) Prior to award the Recipient shall register and maintain their own infotnlation with Dun & Bradstreet and the Central Contractor Registration System.

2) Obtain a valid Dun. & Bradstreet Number (D&B) from Dun & Bradstreet@ http://www.dnb.com/orby calling them at 80a-333-0S0S.

3) Register on the Central Con1ractor Registration System (CCR) @ httP:{/wWw.CC!.gov

f. FaymeJiJlts The National Park Service, Accounting Operations Center (AOC) processes Grant Payments through the Depru:tment of Health & Human Services, Payment Management System (PMS). An Agency Location Code is a foUT (4) or eight (8) digit identifier for a Federal Agency. The NPS ALe for grants payments is 14-10-0098. An SF-270, Request for Advance or Reimbursement Fonn, along with detailed supporting documentation (Schedule of Values and AIA Certificate of Payment signed by the architect, bills, ilIVOices, etc.) must be faxed to NPS at 404-562-3202 or e-mailed to thc attention of Linda [email protected] for review.

IV. Special Te):)!l]ls Ililld Condintions.

a. Ordeir of 1'lI'ecedence. Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) any national policy requirements and administrative management standards and provisions specific to the Recovery Act, some of which are fOUD.d in 2 CFR Part 176; (b) 43 CFR Part 12; (c) requirementS of the applicable OMB Circulars, govermnent wide regulatioDs at 2 CFR Part 215 and Treasury regulations; (d) special tenus and conditions; (e) all agreement sections, documents, exhibits, and attaclnnents; (f) the National Park Service Historic Preservation Grants Manual; and (g) the recipient's project proposal.

b. Amendments. The agreement may be amended by written agreement signed by both the recipient's Authorized Representative and the NPS. Administrative changes. Additionally, a mtilateral amendment may be utilized if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR,

... -

Fagell

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Subpart C, Section 12.83 for State, local and Indian tribal governments m: Subpart F, Section 12.961. for institutions ofhlgher education, hospitals, other non-profit organizations or entities and all other organizations.

1. All o1her changes shall be made by means of a bilateral amendment to the agreement. No oral statemel[t made by any"person, or written statemc;nt by aily person o1her 1han the AO, shall be allowed in any manner or degree to amend or o1herwise effect the terms of the agreement.

2. All requests for amendment of 1he agreement shall be made in writing, provide a full description of the reason for the request, and is sc;nt to the attention of 1he NPS. Any request for project extension shall be made at least 30 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any detennination to extend the period of performance or to provide follow-on f1l11dlng for continuation of a project is solely at the discretion of 1he NPS.

c. Budget md &ogram Plan ~visioJli,. The budget plao is the financial expression of the project or program as approved during the award process. In accordance with OMS Circular A-110, the grantee may not, without prior written approval by the NPS grant awarding official, make changes in the approved application or budget that would materially alter the detailed scope of work and work-cost budget. Requests for NPS' approval to amend the grant must be submitted to the NPS for review and prior approval before such work commences. Recipients are not required to request prior approval for deviations among approved direct cost categories when the cumulative amount of the transfer is less than 10 percent of that cost category. However, the recipient must repOlt any deviation to thc NPS.

d. Audit Requirements. Non-Federal entities that expend $500,000 or more during a year in Federal awards shall have a single or program-specific audit conducted. for that year in accordance with the Single Audit Act :~)'.'~"clments of 1996 (31 U.S.C. 7501-7507) and revised OMS Circular A-133, which iSi.l{'::;~-W at ~;l!www.whitehouse.gov/orub/gnmts{grantu.;iIculars.htn:U .. -Federal awards are defined as Federal fmancial assistance and Federal cost

GRANT TERMS AND CONDrrlONS GRAm #: BEGINNING DA'l'E: lE:NDING DATE:

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reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies Of indirectly from pass-through entities. They do not include procurement contracts, Illlder grants or contracts, used to buy goods or services from vendors. Non-Federal entities that e:>q>end less than $500,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, except as noted in A-133, §....215(a), but reconls must be available for review or audit by appropriate officials of the Federal agency, pass-tlrrough entity, and General Accounting Office (GAO).

Audits shall be made by an independent auditor in accordance with generally aCcepted government auditing standards covering :financial audits. Additional audit requirements applicable to thls agreement are folllld at 43 CFR 12.66 or 43 CFR 2.926, as applicable. General guidance on the single audit process is included in a pamphlet titled., Highlights of the Single Audit Process" which is available on the internet at http://www.dot.gov/ost!mGO/grant/sincontact.htoil. Additional information on single audits is available from the Federal Audit Clearinghouse at http://hru:vester.census.gov{sac{ .

e. Metric COll.veJ:sion. All performance and final reports, other reports, or publicati{)ns, produced under this agreement, shall employ the metric system of measurements to the maximum extent practicable. Both metric and inch-polllld units (dual uui.ts) may be used if necessary during and transition period(s). However. the recipient may use non-metric measurements to the extent the recipient has supporting docmnentaiion that the tl~e of metric measurements is impracticable or is likely to cause significant i;n.efficiencies or loss of markets to the recipient, such as when foreign competitors are producing competing products in non-mettic units.

. f. Officilllls Not to BeJllelli. No member of or delegate to Congress, or resident

commissioner, shall be admitted to any share of this agreement, or to any benefit arising from it. However, thi/;_ ciause does not apply to this agreement to the extent that this agreement is made jjc'_,:-::;-IPoration's general benefit.

g. Reimbru:-sable Costs !lll1illlLimi::~~;~1).e recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activiJies beyond

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the expiration date stared in the agreement. 'The only costs which are authorized fOT a period of up to 90 days followmg the awaxd expiration date are those strictly 3Jlsociated with closeout activities and preparation of the final: report.

h. Inspection.. '111e NPS has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not Ullduly delay the work::. If NPS perforins inspection or eV'.uuation on the premises of the recipient or a sub recipient, the recipient shall furnish and shall requlre sub-recipients to furnish all reaBOnable facili1ies aud 3Jlsistauce for the safe and convenient performauce of these duties.

i. Copyrights.

L For recipients subject to the administrative standards set forth in the applicable OMB Circular, the following copyright ptovlsion, as implemented by 43 CPR 12.936(a), shall apply:

"The recipient may copyright any work that is subject to copyright and was developed, or for wbich ownership was purchased, under an award. 'The Federal awarding agency(ies) reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwi~e use the work for Federal purposes, and to authorize others to do so."

2. for recipients subj ect to 111e adminisHative standards set forth in OMB Circular A-102 and the Grants Management Co=Oll Rule, the following copyright provision, as implemented by 43 CPR 12.74, shall apply:

a. "The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish 0, o111elwise use, and " ,_0 authorize o111ers to use, for Federal Government purposes:

b. The copyright in any work developed under a grant, sub grant, or

~ .. '

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contract under a grant or sub grant; and

c. Any rights of copydght to which a grantee, sub grantee or a contractor purchases ownership with gnmt support."

j. Rights to Data. For recipients subject to the administrative standards set forth in the applicable OMB Circular, the following provision, as implemented by 43 CPR 12.936(c), shall apply: .

"The Federal Government has the right to:

Obtain, l-eproduce, publish or otherwise use the data first produced under an award; and

Anthorize others to receive, reproduce, publish, or otherwise use such data for Federal putposes."

V. Specific Provisions for American )ReiJllvestment and )Recovery Act of 2009 (ARRA:

The American Recoyery and Reinvestment Act of 2009, Pub. L 111-5, (ARRA or Recovery Act) was enacted to: preserve and create jobs and promote economic recovery, assist those mostirnpacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, iJwestin transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to llJ.inimize and avoid reductions in essential services and countetprodnctive State and local ta:x: illcreases. Recipients shalllLse grant funds ill a manner 1hat maximizes job creation and economic benefit.

The Recipient shall comply with all teuns and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resour,.es as specified in the Recovery Act itself and as dt~cussed below. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific prooedtlral requirements for the new reporting requirements. The Recipient will be provided these details as they become available.

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Recipients should begin planning activities for their first tier sub-recipients, including obtaining a DUNS number (or uplWing the existing DUNS record), and registering with the Central Contractor Registration (CCR)_ Refer to Specific Provisions 4b below.

Be advised that Recovery Art funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Art and related guidance. for projects :funded by sources other than the Recovery Act, Contractors mnstkeep sepamte records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

Tlw Recipient must comply with all requirements of the Act. If the recipient believes there is any inCOnsistency betweenARRAreqnirements and current award teJ;lllS and conditions, the issues will be referred to the Agteernents/Conttacting Officer for reconciliation.

A. :iMID.itions "Awatd" ~ <llljT grant, cooperative ag:teetnent ot loa1\. roade with Recovery Act. funds.

"Awatd official" means a petson with the authority to enter into, adrolnistet, and/ 0:1: t=lnate finao.chl assist:w.ce aWai'ds audl1l2ke telated detet:tninatioDB and finding"_

"Classified" or "classified iufo:tmation" =ns any knowledge that can be co:turnutJ.kated ot any documentary :to.aterial, reg:u:dless of its physical form 01: characteristics, thaf?-. (1) (i) Is owned by, is produced by oj: fOJ:, ot is undet the conttol of the United States Govetrunent; OJ: (li) Has beeD. classified by the Depm:ttnent ofEne3:gy as privately generated resttlcted data following the procedutes in 10 CPR 1045.21; and (2) Mu..' be protected ag:Jnst unauthorized disclos= according to Executive OId;'" 12958, Classified National Security Info=tion, Apri111, 1995, ot c.hssified in accor&>uce with the Atotnic. Energy Act of1954.

"Recipient" means =y eotity other than a:tl. individual that receives Recove:ty Act funds in the fottn of a grant, cooper.ative agreement or loan ditectly B:om the Fedeta! Gmr<,.XIl.ment.

"Recovery funds" Of "Recovery Act ['unds" ru:e funds =de available thtough the appropriations of the Atnericau Recovery and ll:.emvestto.ent Act of 2009, Public Law 11.1-5.

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i. A legal wsttomeat to ptuv:ide support fo:r the peri'Otlnance of any 1'011100. of the substantive project ot progtatn fot: which the tedpient received this awatd and that the tecipient awatds to an e1iglble suh-:teclpient; ii. 'I'he tetlIl does not :include the :recipient's ptocutetaent of property and services needed to ca.tty out the project at pi:ogtam (fat futfuet explanation, see L-.21O of the "ttach.tneat to OMB Citculal: A-133, ~ Audits of States, Local Gove=~, and Non-Ptofit O:rgrulizatio:as') iii. A sub-awatd may be p:tovided thtough any legal agreement, including an agreemeut that the recipient 0:1: a sub-tecipient considets a conttact.

"Subconttact" tneails a legal :insttutuent used by a recipient fo:t p:toCU:tetnent of ptoJ:>etl.y and s=ices needed to catty out the proj ect ot p:tograto.. "Sub-recipient" or "SOO-awardee" means a non-Federal entity that expends Federal awards roceived from a pass-through entity to carry out a Federal program, but does not :include an individual that is a beneficiary of such a program. A snb-recipient may also be a recipient of other Federal awards directly from a Federal award:ing agency. Guidance on distinguishing between a sub-recipient and a vendor is provided in l?_.210 of OMB Circular .A-133.

"Covered Funds" means funds expended or obligated from appropriatioos under the American Recovery and Re:investment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and Will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modifica.tlon using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.

''NOll-Federal employer" means any employer with respect to covered funds - the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal govenJJllent, or any person acting directl.y or indirectly :in the interest of an employer receiving covered funds; or with respect to covered fundg

. received by a State or local government, the State or local government receiving the fllnds lllill any contractor or subcontractor receiving the funds and any contractor Of subcontTactor of the State or local government; and does not mean any deparb;nent, agency, or other entity of the federal government.

B. flow Down Regillrement

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Recipients must :include the terms and conditions in this section within any sub-award agreement, contract, or grant for expenditure of these funds. .

C. Segregation of Costs

Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be reviSed M necessary to segregate, track and maintain these funds apart and separate from oilier revenue streams. 'l'his requirement is necessary to comply with Provision 4, L (below) which fhrough 2 CFR 176.20 implements Section 1512 of the . Recovery Act. No part of ilie funds from the Recovery Act shill be commingled with any other funds or used for a purpose other ilim that of making payments for costs allowable for Recovery Act projects.

D. Probibition on Use of Foods . (Section 1604)

None of the funds provided under fhis agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be nsed by any Stat~ or local government, 01' any private entity, for any casino or oilier gambling establishment, aquarium, zoo, golf course, or swimming pool.

E. lL9bbyi!y! Pl"Ohlbitions: In accordance wiili ilie Presidential Memorandum, "Ensuring Responsible Spending of Recovery Act Funds" (74 Federal Register, 12531, 3/25/2009) anyfurilier co!lll11itments, obligatiO!L'J, or expenditures of funds under the Recovery Act, the head of each executive department or agency shall immediately take ill necessary steps, to the extent consistent with the Act and oilier applicable law, to comply with fhis memorandum. (See Attachment 2 -which may also be provi.ded as an attachment to your agreement). This memorandum generally provides for ensuring that ruedt based decision-making is utilized in the awarding of Recovery Act funds; federal agencies will avoid funding of imprudent projects; and ellSulIDg the transparency of Registered Lobbyist Communications.

F. DllillS allld CCR RegiSl:Jratiolll (Section 1512) Funding .t:ecipients and ill suqtecipients .must tegistec with the Central Contt .. ctot registration database as desct1bed. below.

.11..>. . ~.-

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Central Cont:tJlctot Regist:tJltion (CCR). 1. Friox to awttd ihe Recipient and all fitst-tiet trub-xedpients shall tegisret and

.tmlintain their own info.ttnation with Dun & Btadstreet and ihe central Cont:tJlctor Registration System.

2.. Obtain a valid Dun & Bmdstreet NUiDhet (D&B) from Dun & Bradstreet@ htlpd/Wl!!W.dnb.t:QJll/ox by calling the!n at 800-333-0505.

3. Register on ihe Central Contractor Registration Syste:tn (CCR) @ ht!;p: /!Wl!!W. ccr.gQ:'l

4. The recipient of this award:roust enmn:e that DUNS and CCR tequhem.ents fat first tiet sub-awardee. ate met no Iatel: than the first time Recovery Act data teqn.itetnents ate due.

G. Recovery Fnnds Constitutes One-Time JI.l'lmding (Section 1604) Nothing in tlrls agreement will be constmed as binding the NPS to expend any additional funds in excess of the appropriation made by Congress for pmposes of the American Reinvestment and Recovery Act of 2009.

IL InslDoctoll" General And Government Accountability Office Access To Records Of The JRmpient, Recipient Contractors, And Bub-R.cclpients (Section 1515)

a. With respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 V.S.c. App.), is authorized-

i.. to examine any records of the contractor or grantee, any of its subcontractors or subg:t:antees, ox any State ot local agency administering such contract, that ~ to, and involve i:ta.!1sactions relating to, the cont:tJlct, subcontract, grant, 0" subgrant; and

ii to interview any officer or employee of the contractor, gran.tee, subgtantee, ot agency tegatding such u:ausactions.

b. Nothing in t!ris section shall be interpreted to limit or restrict in any way any existing authority of an insped:or general.

L Non-Discrimination; All activities pursuant to this Agreement sl~aJ~e in compliance . with the reqnirements of Executive Order 11246, as aroended; Title V1 of fue Civil Rights

GRANT TERMS AND CONDffiONS . GRANT #: BEGINNING DATE: ENDING DATE:

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Act of 1964, as amended, (78 Stat. 252; 42 U.s.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.s.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.s.C. §§6101 et ml!)..); and with all other federal laws and regulJitions prohibiting discrimination on grounds of race, rolor, seXWll orientatioll, national origin, disabilities, religion, age, or sex.

J. The President's Memorandum, Ensuring Responsible Spending of Recovery Act Funds, establishes requirements for ensu.ring merit-based avva:rds, avoiding imprudent projects, and disclosing communications with lobbyists. All Federal personnel ilWolved in Recovery Act implementation must closely review this Memorandum and take all necessary steps to ensure full compliance.

K. Disclosrrre and Evidence rwwslieblow~ Protection} (Iinplements Section 1553 - FAR Case 2009-012, American Recovery and Reinves1ment

Act- Wbistleblower Protections)

Each awatdee or. sub-awatdee receiving fUnds made available undet the Reco .. ety Act shall promptly refet to an appropriate iuspectot genetal any credible evidence that a prindJ:>al, employee, agent, contmcto.t:, suD-gtantee, subcontractor, oX othe:t person has submitted a false claim under the False Claims A<."t or has coro.mi±ted a crimi,,,.J ot civil violatioll.of laws pertainittg to fraud, co:nflict of intetest, bribety, gtatu1ty", ot sitoilat: misconduct involving those funds.

An employee of any non-Fedetal etnplDy~j, receiving coveted funds may not be dischatged, demoted, 0.1: otherwise dlscriroin .. ted against as " reprisal fot disclosillg, illcludi,:,g .. clisclosUl:e tllilde in the ordiruu.y coutse of an employee'. duties, to the horu:d, an illspector. genetal, the Compttollet C..enetal, a merobet of Congress, a State OJ: Fedetal tegulatory ot law enforcement agency, a pe!So:u with supetrisory anfhOlity" over the employee (oJ: such othet pe:tSOll woikillg ht the employe!: who h ... the authority" to illvestigate, discover, at tet1nin"te 1l:risconduct), a court or grnnd jury, the head of a Pedetal ~cy, 0:1: thcit representatives, information that the employee reasonable believes is eVidence d-

(1) gtoss misrnR;'.~;;,*J'!lt of an agency contract or grant J:eL~ting to covered fUnds"·' .h , -.~

(2) a gtoss waste of cover6i funds;

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(3) a substantial and specific &.:nget to public health ot safety related to the itnpletuentation ot use of covered funds; (4) an abuse of authority related to the lrnplementation ot use of coveted funds; or (5) a violation of law, tole, or regulation related to an agency contract (inclniHog the coIDj:>etition lOx or negotiation of a contract) or gt=.t, awarded ot issued telaling to cave:ted funds.

L. Reporting and Registration Reguiremenil:s under ScctioJll1512 of 1be Amerlc:m Recovery lmd Reinvestment Act of 2009. (Soru:ee: 2 CFR 176, SUbpad A)

RepoJtting lUld Registration Re(j1lIiJ:eJll1eht under Section 1512 of the American. Recovety lUld R.ein.vestment Act of 2.009, Public Law 111"5

1. This awatd requites the recipient to COIDj:>lete l>tojects or activities which ate funded undet the Amecicon Recovery and R.eln=stJneo:t Act of 2009 ("Recovery Acf) and to report on use of Recovery Act funds provided lhmugh 1hls aWlU:d. Information from these teports"Will be made available to the public.

2. The fustteportis dne no later than teu days afret the initial c:tiendar quartet in which the recipient xecei.-<,es the assistance award funded in whole or in p:ut by the Recovery Act, or July 10, 2009. Thereafter, reports slmll be sub.tnitt:ed no later tlnn the 10th day after the end.of each calendar gllru.ter.

3. Recipients and their fust-tier sub:tecipients ;tU1>st J:naiutain cUttent registrations in the Centml Contmcto:t Registration (www.=.gov) at all times dating which tile;' have active fedetal awards ftmi\ed with Recovery Act funds. }':ttst tier sUb-Rwardees must ohtain .. DUNS nrunbe:t (ox update the existiog DUNS record), in addition to registering with the Centtal ConttJactol: R.egisttatwu (CeR.). 'The w:ipient shall tepo!.t the lOllowiog info=tio!l, using the reporting insliuctiolls that will provided oolioe :it www.Fede.talReporting.gov, unless the iofo=tion is pte-populated.

4. 'the Gove:to.tnent-wide standard set of dsta elements ate iuclndedin this agreement as A1:tar:h1uent **1, Gov~j=ent~wide Standard Set of Data Elements (ARRA), fOJ:

(5~': , -.,.-___ .;..... .. --: ~"!J-.. -.---

1 IT IS NECESSAii.'Ylb . _ade tho table of Government·wide standard set of data elemenlS tor reporting infunnation llllder sectiolis ·151Z( e) .nd 1609( c) of the Amedcan Recovery and Reinvestment Act of 2009, Public Law 111-5 ("'Reeovory Acf'). This TaN" Gall be found at Z CPR 176.50.

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repo:tting infuttnation uruier sectioos 1 S12(c) and 1609( c) of fue Atneri.= Rewve.ty and Reio:vesttnent Act of 2009, 'Public bw 111-5 (''RecOVe1.y Ad').

5. For ARRA Funded projects, each. contract awarded using funds l:nade available shall provide that: fue Compttollet Gene1:2l and his represenwives and fue DOl Inspector Ge!leW (TG) ate authorized to e1<llmji)<o any'records of fue contractor or any subcontractor, 01: any State or local agency adtoini:si:ecing the contract, that diJ:ectly pertain to and invol:re the ttansaction reJating to the contract Qr subcontract and to inteJ:v.iew aily CUttent employees tegardipg such transactions.

6. Recovery Act TtanSacnons listed in Schedule of Expebditt:ttes ofFedetal AWa/:Os and Recipient Responsibilities fot Infottnitlg Subrecipients

(a) To mll.'lciroize fue transparency wd accouo.tJiliilil? of funds authorized nudet the.Atneriom Recovery and Reinves:tineot Act of 2009 (public Law 111-5) (Recovery Act) as :required by Congress and in accotdsttce with 2 CPR. subpart 215.50 thtough 215.53 and 2 CFRPart 176, "'Unifo:t:tnAdJninisf:1:ati:.-e Requirements fox Gtants and Agt:eementsn and OMB '&'102 Co:tn1Uon Rules provisions, ~ieuts agree'to mllintain records thatidentify adequately the source and :application ofRecovexy Act funds.

(b) Fouecipients coveted by the Siogl.e AuditAct Amendments o£1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations:' J:ecipients agree to sepatately ideo:lifY the e"1'enditures for Fedetol awatds under the Recovery Act on the Schedule of lli<penditures of Fedew Awatds (SEFA) and the Data. Colle"tion Form. (SF-8AC) :te<[!1it:ed by OMB CitculatA...133. This shall be accomplished by identifying ~euditures for FedeW awards made utt.det Recovery Act separately au the SEFA, and as sepatate rows under Item 9 of Patt ill on the SP-8AC by CFDA m.ituber; and incluaion of the pxefix "'ARRA-" in identifying the tlallle of the Pedetil, program au fue SEF A and as the first cbatacters in ll:etu 9d ofPatt ill on the SF-SAC.

Failure to comply with the teporting requiteroe:t1ts contained in this agreement may be considetcd a :trutf:ctia1 non-comp.l1.attce with the te.ttml and conditions of the awatd. Non-complian<'.e may result ill withholding of future payments, suspensioll ()J: teanlaatioll of the agreement, r","overy of funds paid undet the agteemal't, and wiihholding of future awatds.

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GRANT TERMS AND CONDITIONS GRAN't#: BEG-INNlNG DATE: ENDING DATE:

22-09-HC-1811l7 October 23, 2009 , Octobet 23, 2IJ12

M. )Required Use of AmeriCaJIJ! Iron. Steel, !mil MlIlnufuclmeil. GoOOs-Sectlon 1605 of time Amerlcml Recovery and Reinvestment Act of 2009--ColllStmction Jv.raterials (Source: 2 CFRPa:rt176, Subpa:rtB)

(A)DEIJINmONS. As TJSED ill TJ'llS AWAJID TERM AND CONDITION-

"Building orwo,k" means construction activity as distinguished from manufacturing, fumishing of materials, ot servicing and mafutenance work:. The tews include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, bighways, parkways, streets, subways, tuunels, sewers, mains, power lines, PUlllping stations, heavy generators, railways, airpom, te;minals, docks, piers, wharves, ways, llghfuonses, bnoys, jetties, breakwaters, levees, canals, dredging, sho1ing, rehabilitation and reactiVation of plants, scaffolding, drilling, blasting, excavating, clearing, and landscaping. The manufacture or fumiBbing of materials, articles, sopplies, or equipment (whelher or not a Federal or State agency acquires title to such materials, articles, suppjies, or equipment during lhe comse of lhe manufacture or furnislring, Of owns the materials from which they are manufactured or furnished) is not "bnilding" or "work" wifuin lhe meaning of this definition unless conducted in conuection with and at the site of such building or work as is described in the foregoing sentence, or lll1der lhe United States Housing Act of 1937 and lhe Housing Act of 1949 in the construction or devdopment of the project,

"Construction material" means an article, material, or supply brought to the construction site by the recipient, sUbrecipient or a subcontractor for incorporation into lhe building or work:. The term also includes an item brought to the site preassenlbled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those syst-ems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Domestic construction Ol?teriaf' mean8---

GRANT TERMS AND CONDmONS GR.AN1'#: BOOINNlNO DATE: ENDING DATE:

2Z-09-HC-18107 Octobct 23, 2@()9 October 23, 2M2

(1) An UllllllUlufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States.

"Foreign construction material" means a consb:uction material other than a domestic construction material.

"Manufactured construction material" means any consttnction material that is not unmanufactured consb:uclion material. "

"Public building or pubJic work" means building or work, !he consb:uclion, prosecution, completion, or repair of which, as defined in this section, is carried on directly by authority of, or with funds of, a Federal agency to serve the interest of the general public regarOless of whether title thereof is in a Federal agency.

"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

"Unman:ufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been--

(1) Pr.ocessed into a specific £0= and sbape; ot (2) Co.tnbined whlt other :raw material to create a:tuatetial fuat hM different

pr.opetties than the p:rOpcL-ties of the individ:ual.taw matetials.

"United States" means the 50 States, the District of Columbia, and outlying areas inclnding: (1) Comm.onweal!hs.

(i) Puerto Rico. (li) The Northem Mariana Islands;

(2) Territories. (i) American. Samoa. (ii)Guam. (iii) U.S. Virgin Islands; and

(3) Minor outlying islands. (i) Baker Island. (ii) .Howland Islanu .. (iii) Jarvis !Bland.

GRANTTEltMS AND CONDITIONS GJRAN'I'#: BEGINNlING DATE: ENDING DATE:

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(iv) J oMston Atoll. (v) Kingman Reef. (vi) Midway Islands. (vil) Navassa Island. (viii) Palmyra Alull. (ix) Wake Atoll.

(b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (pub. L. 111-5), by requiring that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States. (2.) The recipient shall use only domestic construction material in performing this project, except as provided in paragraph (b)(3) and (b)(4) of this clause. (3) This requjrement does not apply to the construction material or components listed by the Government as follows: l1Award official to list applicable excepted materials or indicate "none "I (4) The award official may add other foreign construction material to the list in paragraph (b)(3) of this term and condition if the Federal government determines tbat-

(i) 'The cost of domestic construction material would be unreasonable. The cost of domestic iron, steel, or other rnanu:fuctnred goods used as construction material, is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The construction material is not nrlned, produced, or manufactured in the United States in sufficient and reasonably available qnantities and of a satisfactory quality; or ' (iii) The application ofthe restriction of section 1605 of the Recovery Act to a particular construction m.aterial would be inconsistent with the public interest.

(c) Request for determil1<ltion of mapplicability of Section 1605 of the Recovery Act (l)(i) Any recipient request to use foreign construction material in accorda:q,ce with paragraph (b)(4) of tbis clause shall include adequate infonnation for Go"~l):,:;"'t evaluation of the request, including--- "-", ". (A) A descliption of the fOIeign and dom.estic construction m.aterials;

S

GRANT T'ERMS AND CONDmONS GRAN'r#: BEGINNING DATE: ENDlING DA'lI:'E,

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(B) Unit of measure; (C) Quaotity; (0) Price; (E) Time of delivery or availability; (F) Location of Ihe coDJltruction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for Ub'e of foreign construction materials cited in accordance with paragrapb.(b)(4) oflhis claDJle.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a· complereq price comparison table in the format in paragraph (d) of t1ris clause. (iii) The price of construction material shall include all delivery costs to the coDJltruction site and any applicable duty. (iv) . Any recipient request for a determination submitted after award sball explain why the recipi<;mt could not reasonably foresee the need fur such determination and could not have requested the deterrnination before award. If the reclpient does not submit a satisfactory explauation, the award official need not make a determination.

(2) If the I'ede:tal government detennineB afte1: award that an el<ception to section 1605 of the Recovery Act applks, the awatd official will. amend the aWlU:d to allow use of the foreign constroction mate:tiiL When fue basis of the exception is nonavaJ:J..hjJity ot public intetest, fue amended awatd shall teflect adjustment of fue awatd amount ot tesdiBtribution of budgeted funds, as appropriate, to cover costs associated with acquicing ot using the foreign consttuction mate:tiiL When the b .. ,is fot the exception is fue unreasonable price of a domestic consuuction material, fue ""'atd official s1uill adjust fue "",,,td runount at resdiBtrtbute budgeted funds, as appropriate, by at least the diffe:teutial established in 2 CPR 176.110(a). (3) Uulessthe Government detellDines that an exception to section 1605 of the Recovery Act applies, DJle of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act. Cd) Data. To permit evaluation of requests under paragraph (c) of this clause based on tmreasonable cost, fue Recipient shall incluge the following information and any applicable supporting data based on the surveJ<~··,·;;;pliers:

., 1Iit.·. -"\\II

-_. __ .... _-----'--- --------------------

,--------------"----------GRANT TERMS AND CONDmONS

GR.ANT#: BEGlINNING DATE: ENDllNG DATE:

October 23, 2009 Octobet 23, 2012

FOlm!GN AND DOMESTIC CONSTRUCTION MATllRIAlS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars) * Item 1: Foreign construction material

Domestic construction material

Item 2: Foreign construction material

Domestic construction material

[List name, address, telephone number, email address, and contact for suppliers SWlleyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site. J

N. Wage Rate Requirements lIDder Section 1606 of fue AmeriC!ll1l Recovery Illiull ReinvestmentAci: of 2009. (So-wr(".e: 2 CPR Part 176, Subpart C)

(a) The Davis-Bacon Act requi.tcs conttactoxs 0:1: thm subcontractors of pr.ojects costing $2,000 or l:Uote to pay hboJ:= andmechani.cs employed dlrectly upon the site of the work no less than the locally pte\"ailing wages and fringe benefits schedule set by the Department of Lohof.

(b) Section 1606 of the Recover,y Act e:s:plicitly expands the ,-Ovctage of the DavisBacon Act to include aU "l'rojects funded ditectly by or assiBted in whole or in patt by and through the federal gove;mnent". Conttactcxs and subconttactots of entities receiving assistance awards (SUd1 ill> grants and cooperative agt=-el1ts) funded with any amount provided by the Recover,y A.ct ate required to abide by the requi.temeni:ll of the DaviE-Bacon Act.

(c) The Departtncqt of Ltbor (DOL) is currently developing futthct guidance related to !he Davis-Bacok ~""" 'd,j1. rellitlon to RecoV'e:t:y Act funding. F ot. mote iofotto.ation on the DaviE-Bacon A2£g",,-.11y, as well as more detailed infO=tion on requitetueots for cono:actots anel agencies, go to ht!p:/lwww.do1.gov/esa/whel/contracts/dbta.hf:I:rL DOL also maintsius a toll-free

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GllANT'fERMS AND CONDITIONS GRAN'r#: BEGINNJING DATE: ENDING DATE:

2Z·0C)..HG18107 Octobtt 23, Z009 October 23, 2012

notline fox question.. regatdiog wages, including the Davi&-Bacon Act. 1--800-4US-WAGE .

O. Single Audit Rcqlill:eme)llts f()r ReclpJients of Recovery Act Foods (in addition to the requirements provided in OMR Clrmlar A-133):

Recmrety Act Transactions listed nu. Schedule of Expenditru:es of Federal Awatds and Recipient Responsibilities for tu.formilllg Subrecipients

(a) To tnaximize the transparency and accountability of funds authorized undeJ: the Atne:cican Recovety and Reinvestment Act of 2009 (Public Law 111-5) (Recovety Act) as tequhed by Congress and in accotdrulee with 2 CPR Swpatt 215.50, "U:oifo:ttu Adroinistrattve Requirements fot Grants and AgJ:eements" and OMB A-102 CO!l1mon Rules provisions, recipients agtee to maiotain records t:bJlt identify adequately the source and appli.carion ofRecovety Act funds M furthet specified in 2 CFRPatt 176.

(J» Fouecipients cove:ted by the Siogle AuditAct Atnendlnenm of 1996 and OMB Ci:rcula:r A-133, ",Audim of States, Local GovetoJ:nettts, and Non-Profit Oxganlzations," recipients agree to separately identify the expenditures fOJ: Federsl awards lmde:t the Recovery Act on the Sc;hedu1e of Expenditures of Federal Awards (SEFA) and the Data Collection Foon (SF-SAC) t-equlred by OMB Circuhr A--133. This shill be accomplished by identifying expenditrttes fot Fedetil a:wa:tds made U1lder Recovety Act separately on the SEF A, and as separate tows uuder Item 9 of Part III on the SF-SAC by CFD A nutnber, and inclusion of the l'refix ~ AR.RA-" in identifying the name of the Federal program Of! the SEFA and as the fust cha:tac;tets

in Item 9d of Part ill on the SF~<;AC.

c;) Recipients agtee to separately identify to each sub-recipient, and dOCUlnent at the time of sub-award and at the time of disbursement of funds, the F edetal award nwnbe<, CFDA number, and amount of Recovety Act :limds. Wben a recipient awar.ds Recovery Act funds for an e:xfutiog progra:tn, the info=tion futcished to sub-recipients shill distinguish the sub-awa:rds of incremental Recovety Act funds fmm regular sW-aw""ds under the eristiog p.r.ogtato.

'4).,Recipients agree to requhe their sub-recipIents to include on their SEFA it::L\. ~o:,- ~o speci£icilly identify Recovet~ t:ct fun~g sitllihr to the requhetn.eni-s for theJ!!,C1prent SEFA desctibed above. This info:ttOatlon 1s needed to illow the recipient to propeily monitor sub-recipient expenditure of AERA funds as wen as

GRANT TERMS .AND CONDITIONS GRAN'Jl'#: JREGlNN.ING DA'tE: ENDING DA'tID::

22-09-HC-18ID7 Octo bet 23, ZOO!) October Z3, 2012

OVet8igbt by the Fcde:tal awatding agencies, Offices of Inspecto~ Genet:alan.d the Govel:U1Ilent Accountability Offke Failm:e to comply with the repotting requirements contained in this agreement llllly be considered a matetial noJXcompllimre with. the terms and conditions of the award. Non-compliance may result in witbhohllng of future payments, suspension or tetminano>;> of the agteetnent, tecovety of funds paid under the agteement, and witbhohllng of futru:e awatds.

Non-Discriminatiotr! All activities PUl:SUa1l.t to this Agreement shJill be.i:n complia:nce with the t"'1uitements of Executive Otdet 11246, as runended; Title VI of the Cicil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d tl g;q.); 'title V, Section 504 of the Rehabilitation Act of 1973; as amended, (B7 Stat. 394; 29 U.s.c. §794); the Age Discti.tnlruttion Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 tl~); andwlthallothet federal laws and :tegnlations p!ohlhitiogdiscrimination on gtO'11lds of :taee, color, sexual orieJ1.tation, natlonal origin, disabilities, religion, age. Of s=2

2 This provision is generally included in the ('-""operative Agreement under General and Special )?wvisions, but beealloe of the emphasis added under the Recovery Act it should be included with specific ARRA provisions. You may incbtde it in either the ARR.A section 0< both the General Provisions and the ARRA provisions section,

Dillard University of New Orleans Request for Proposal for

Professional Architectural Engineering Services for Hartzell-Camphor Living Learning Center

Attachment "B"

REQUIRED CONTRACT PROVISIONS 1. Equal Employment Opportunity: In all hiring or employment made possible by, or

resulting from this contract, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, affirmative action will be taken to ensure that the Architect's employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the following: employment, upgrading demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed culture, or ancestry.

2. Assignability: The Architect shall not assign any interest in this agreement and shall not

transfer any interest in the same without prior written consent of Dillard University.

3. Conflict of Interest In the interest of ensuring that efforts of the Architect do not conflict With the interest of the University, and in recognition of the Architect's responsibility to the University, the Architect agrees to decline any offer of employment if its independent work 011 behalf of the University is likely to be adversely affected by the acceptance of such employment. The initial determination of such a possibility rests with the Architect. It is Incumbent upon the Architect to notify the University and provide full disclosure of the possible effects of such employment on the Architect's independent work on behalf of the University. Final decisions on any disputed offers of other employment for the Architect shall rest with the University’s Board of Directors.

4. Indemnification: The Contract shall indemnify and save the University harmless against

any and all claims, demands, snits, judgments of sums of money to any party accruing against the University for loss of life or injury or damage to persons or property growing out of, resulting from or by reason of any act or omission or the operation of the Architect, its agents, servants or employees while engaged in or about or in connection with the discharge or performance of the services to be done or performed by the Architect hereunder and shall also hold the University harmless from any and all claims and/or liens for labor, services, or materials furnished to the Architect in connection with the performance of its obligation under this Agreement.

5. Acknowledgement of Exclusion of Worker' s Compensation Coverage: Architect herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23: 1 021 (6) and as such, it is expressly agreed and understood between the parties hereto, in entering into this services agreement, that the University shall not be liable to the Architect for any benefits or coverage as provided by the Workmen's Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23: 1034 anyone employed by the Architect shall not be considered an employee of the University for the purpose of Worker's Compensation Coverage.

6. Acknowledgement of Exclusion of Unemployment Compensation Coverage

a. Contract has been and will be free from any control or direction by the University over the performance of the services covered by the contract;

: Architect therein expressly declares and acknowledges that it is an independent contractor, and as such is being hired by the University under this agreement for hire as noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in entering into this services agreement, or agreement for hire, and in connection with unemployment compensation only, that:

b. Services to be performed by Architect are outside the normal course and scope of the University's Usual business; and

c. Architect has been independently engaged in performing the services listed herein prior to the date of this agreement.

Consequently, neither Architect nor anyone employed by the Architect shall be considered an employee of the University for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto.

7. Waiver of sick and Annual Leave Benefits

8.

: It is· expressly agreed and understood between the parties entering into this services agreement that the Architect, acting as an independent agent, shall not receive any sick and annual leave benefits from Dillard University. Jurisdiction & Choice of Law

: The Architects hereby consents and yields to the jurisdiction of the State civil courts of the Parish of Orleans, and does hereby formally waive any place of jurisdiction on account of the residence elsewhere of the Architect. This agreement shall be construed and enforced according to the laws of the State of Louisiana, excepting its conflict of laws provisions.

9. Duration

: This Agreement shall commence on the Effective Date and shall continue for a period of eighteen months, ending on July 22, 201 I. It is understand and acknowledged by the Architect that the Services described about are expected to be completed within this time period.

10. Appropriation and/or extension:

This agreement may be extended at the option of the University, provided that funds are allocated by a known funding source and the extension of the agreement facilitates the continuity of services provided herein.

11. Solicitation: The Architect has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure the subject contract. The Architect has not paid or agreed to pay any person, other than a

bona fide employee working for him, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the subject contract.

12. Cancellation

: Either party to this agreement may terminate the agreement at any time during the term of the agreement by giving the other party written notice of said intention to terminate at least thirty C:~O) days prior to the date of termination. In the event that the University elects to terminate for convenience, the University shall be obligated to pay Architect only for those Services performed up to and through the date of termination.

13. Audit and other Oversight

: The Architect will ensure industry standards are maintained relative to record retention.

dillard university of new orleans request for proposal for ... hartzell-camphor 2010rev22.pdf ·...

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