BL100-21 Invitation to Bid

October 6, 2021

INVITATION TO BID

BL100-21

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified service providers for the Provision of Respite Care for Gwinnett County Citizens on an Annual Contract for the Department of Community Services.

Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with the BL# and Company Name. Bids will be received until 2:50 P.M. local time on November 3, 2021 at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any bid received after this date and time will not be accepted. Bids will be publicly opened and read at 3:00 P.M. Apparent bid results will be available the following business day on our website www.gwinnettcounty.com.

A Webex pre-bid conference is scheduled for 10:00 A.M. on October 19, 2021. To access, dial 1-408-418- 9388, enter Access Code 2346 079 3999. All service providers are urged to attend. Questions regarding bids should be directed to Jake Scarpone, Purchasing Associate II, at jake.scarpone@gwinnettcounty.com or by calling 770-822-8722, no later than 2:00 P.M. October 22, 2021. Bids are legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.

Successful service provider will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department, and must have an A.M. Best rating of A-5 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165.

The written bid documents supersede any verbal or written prior communications between the parties.

Award will be made to the service provider submitting the lowest responsive and responsible bid. Gwinnett County reserves the right to reject any or all bids to waive technicalities and to make an award deemed in its best interest. Bids may be split or awarded in entirety. Gwinnett County reserves the option to negotiate terms, conditions and pricing with the lowest responsive, responsible bidder(s) at its discretion.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a bid will be notified via email.

We look forward to your bid and appreciate your interest in Gwinnett County.

Jake Scarpone Purchasing Associate II

JS/kk

The following pages should be returned in duplicate as your bid: Bid Schedule, Pages 5-6 Holidays. Page 7 References, Page 8 Contractor Affidavit, Page 9 Code of Ethics Affidavit, Page 10 Grant Documents, Pages 11-74 http://www.gwinnettcounty.com/ mailto:jake.scarpone@gwinnettcounty.com

BL100-21 Page 2

GENERAL REQUIREMENTS

I. SCOPE OF WORK

1. The Gwinnett County Board of Commissioners is seeking qualified providers for respite care and personal care services for Gwinnett County citizens. Respite care is provided to caregivers of citizens suffering from Alzheimer’s disease or other related dementia disorders and/or those who are medically compromised. The provider must demonstrate compliance with the Georgia Department of Human Services’ Division of Aging Services Section 316, 310, and 308 Caregiver, In Home Respite Service, and Personal Care Requirements, and any future revisions.

2. This program assists clients and the caregivers of individuals residing in Gwinnett County. The individual must be age 60 or older and have a medical diagnosis of Alzheimer’s disease or other related dementia disorders or be medically compromised. Respite care and personal care services are provided by appropriately trained and/or supervised Georgia Certified Nursing Assistants who attend to the needs of the individual in the same manner as the primary caregiver and in their place of residence.

II. DEFINITIONS

1. Respite care is the provision of intermittent and temporary substitute care or supervision of frail, functionally impaired and/or cognitively impaired persons on behalf of and in the absence of the primary caregiver, for the purpose of providing relief from stress or responsibilities associated with providing continuous care or supervision, to enable the caregiver to continue the provision of care in the home.

Respite care is provided by appropriately trained and supervised paid workers who attend to the needs of the care receiver in the same manner as the primary caregiver, in their place of residence.

2. Personal care is the action of providing personal assistance, stand-by assistance, supervision, or cues for individuals having difficulties with basic activities of daily living such as bathing, grooming, dressing, eating.

3. Caregiver – In general, the family member or other person who normally provides the daily care or supervision of the frail or disabled elderly adult. The caregiver may or may not reside in the same place as the care receiver.

III. SPECIFICATIONS

1. The selected service provider for respite and personal care services must demonstrate compliance with all applicable licensure requirements for private home care providers under the Rules and Regulations of the State of Georgia for the Department of Community Health Private Home Care providers section 111-8-

65.10 and any future updates.

2. Registered Nurse to be provided by successful service provider to meet Private Home Care Provider Licensure.

3. The selected service provider is not required to have a location in Gwinnett County.

4. The successful service provider and their employees will not provide services to any relative (by blood or marriage) of the service provider or employees.

5. The service provider shall provide services with Georgia Certified Nursing Assistants, or equivalent state-approved certification, holding current CPR/FA/AED certification who meets the qualifications and competencies to perform services requested and agreed upon by the client or family.

6. The successful service provider shall be responsible for the required training certification and supervision of personnel used in the performance of these services. The successful service provider shall be responsible for providing safety equipment and supplies necessary for the protection of personnel

BL100-21 Page 3 providing services under this contract.

7. Gwinnett County reserves the right to review the respite worker staff personnel files. Files shall be reviewed for required information such as employment history, qualifications, job description, documentation of orientation/training and yearly performance review, yearly TB screening, CPR, First Aid, AED certification, Gemalto fingerprinting and criminal background check as well as current Georgia Certified Nursing Assistant Certification or comparable training. Other files to be reviewed may include complaints/incident file for action taken and resolution of complaints, etc.

8. The service provider will provide a substitute in the event of a staff absence for all client visits. No outside guest or person unrelated to provision of service may accompany or attend client visit, nor should any outside visit beyond scheduled services occur.

9. The selected service provider will maintain continuity with all client’s schedule and assigned aides.

Gwinnett county understands that schedules and aides may fluctuate, but continuity is the goal for all clients serviced through Gwinnett County. When schedules and/or aides fluctuate all selected service providers must notify the In-Home Services Coordinator immediately with the updated aide info and regarding changes.

10. If an aide habitually changes scheduling, the service provider shall be responsible for addressing the issues with the aide. If a client habitually changes scheduling, Gwinnett County shall be notified by successful service provider and Gwinnett County shall be responsible for addressing the issues with the client.

11. Prospective clients shall be assessed by Gwinnett County Senior Services for appropriateness and eligibility. They will then be referred to the agency for service initiation.

12. All assessments and documents completed by Gwinnett County staff will be housed at Gwinnett County.

13. Gwinnett County shall provide ongoing care management, service plan, and supervisory visit compliance according to state regulations. Supervisory visits will be completed by the selected service provider. The supervisory visit will be made every 92 days. This visit includes an assessment of the client’s general condition, vital signs, a review of progress, any problems noted, and the client/caregiver’s satisfaction with services. Supervisory documentation will be provided to the In-home Services Coordinator upon completion of visit. Supervisory visits will be monitored and tracked to ensure the selected agency is staying in compliance. If changes are needed, the in-home services coordinator and team will confirm changes to the agency via an updated care plan.

14. Gwinnett County will provide continuous quality evaluation of the contract through telephone contact, records review, customer satisfaction surveys and other methodologies. An annual audit will be performed.

15. Termination of respite services, for a given client, will be determined by Gwinnett County as part of the initial referral and/or appropriate follow up communication(s). If a termination request is provided by the client to the service provider, the service provider will communicate to Gwinnett County for follow up.

Confirmation will be sent regarding official termination of the clients respite services.

16. The successful service provider shall be an organization capable of providing respite and personal care services with a two-hour minimum. The agency will initiate services within ten (10) calendar days from the date of receiving the referral.

17. Services will be provided Monday – Sunday 8:00 a.m. – 6:00 p.m., including pre-approved holidays.

Holidays must be pre-approved in writing by Gwinnett County, and service provider will be required to provide a copy of the preapproval when invoicing for services on holidays.

18. The referral to the service provider will consist of a care plan with basic demographics, emergency

BL100-21 Page 4 contact, tasks assigned, frequency and duration, and any pertinent information deemed by Gwinnett County staff.

19. Tasks can include but are not limited to; helping with activities of daily living for which special qualifications/training is required, but for which a licensed health practitioner is not required, including personal care, lifting, turning, transferring, providing reminders for, light housekeeping, and assistance with self-administration of medications.

20. Weekly schedule of client visits for the upcoming week (including client name, day, approximate time, and scheduled aide) to be received by Contract Monitor NO LATER than Friday prior. Work hours are Monday- Sunday, depending on the need and caregiver request.

21. Gwinnett County shall perform random checks to ensure aides are providing services per the weekly schedule provided by the successful service provider.

22. Activity records from each visit are to be sent weekly. They must include but not limited to date, arrival time, departure time, services rendered, client signature and aide’s signature. These records need to be submitted electronically by the end of business day on Monday, following the week’s end. End of month deadlines may cause activity records to be due before the Monday following week’s end. The selected service provider will send the activity records to the appropriate staff members which will be assigned by Gwinnett County in orientation. Original activity records are subject to Gwinnett County audit for verification of accuracy and fulfillment during the term of the contract. The awarded service provider shall require aides providing services to have time tracking technology and accurate verification for services for documentation. The time tracking technology must allow for verification that the aid was at the client’s location during the reported time of service and shall be made available to Gwinnett County within twenty-four hours of the request from the County. Any cost associated with the technology will be the responsibility of the awarded service provider.

23. Invoicing – Invoices will be sent in pdf format to disbursements@gwinnettcounty.com and simultaneously to the Gwinnett In-Home Services Program Coordinator for verification. Billing for the previous month shall be received by Gwinnett County no later than two (2) working days following the service month’s end.

Late billing for any client cannot be billed past 30 days. There will be no late billing allowed for end of the year, December 31st and end of State fiscal year which is June 30th, due to the New Year and new grant year starting.

24. References - The selected service providers(s) must have demonstrated success with respite care in residential homes for a client base of 50 or more. A minimum of three (3) references within the last three years should be provided on the “References” form included herein.

25. SAMS registration is required for the selected service provider due to the primary payment being from grant monies.

26. It is the intent of the County to award the contract to a Primary Service Provider and a Secondary Service

Provider so that all client needs are met. However, the County continues to reserve the right to award the contract in its best interest. The Primary Contractor will be the first company to be advised of a client. The County reserves the right to alternate clients to both contractors considering the total number of existing clients and other applicable information to determine when to utilize the Secondary Service Provider. Both Contractors will be responsible for complying with all requirements listed in this bid.

27. The use of sub-contractors will not be allowed under this contract.

BL100-21 Page 5

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF

BID

BID SCHEDULE

Item # Description

Approx.

Annual

Quantity Unit Price Total Price

Provide in-home respite care services to Seniors, Monday – Friday between 8 a.m.

& 6 p.m.

9,500 hours $ $

Provide in-home respite care services to Seniors, Saturday & Sunday between 8 a.m. & 6 p.m.

768 hours $ $

3 Provide in-home respite care services to Seniors, on holidays 120 hours $ $

Bid Total $

NOTE: In order to align contract dates with the grant year, the initial term of the contract will be from January 22, 2022 through June 21, 2022. The contract will have four (4) one-year renewal options. Approximate quantities for the initial term are in the table below.

Item # Description

Approx.

Annual

Quantity

Provide in-home respite care services to Seniors, Monday – Friday between 8 a.m.

& 6 p.m.

3,958 hours

Provide in-home respite care services to Seniors, Saturday & Sunday between 8 a.m. & 6 p.m.

320 hours

3 Provide in-home respite care services to Seniors, on holidays 50 hours

Gwinnett County requires pricing to remain firm for the duration of the initial term of the contract. Failure to hold firm pricing for the initial term of the contract will be sufficient cause for Gwinnett County to declare bid non-responsive.

Contract to begin January 22, 2022 or upon award.

Unless otherwise noted, quoted prices will remain firm for four (4) additional one-year periods. If a percentage decrease will be a part of this bid, please note this in the space provided together with an explanation:

1st Renewal Option_____ 2nd Renewal Option_____ 3rd Renewal Option _____ 4th Renewal Option _____

If a percentage increase may be a part of this bid, please note percentage increase in the space provided, together with an explanation:

1st Renewal Option_____ 2nd Renewal Option_____ 3rd Renewal Option _____ 4th Renewal Option _____

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

BL100-21 Page 6

FAILURE TO RETURN THIS PAGE AS PART OF YOUR BID DOCUMENT MAY RESULT IN REJECTION OF BID

BID SCHEDULE CONTINUED

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

Certification Of Non-Collusion In Bid Preparation

Signature Date

In compliance with the attached specifications, the undersigned acknowledges all requirements outlined in the "Instructions to Bidders" and all documents referred to therein, if this bid is accepted by the Board of Commissioners within ninety (90) days of the date of proposal opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the fee schedule. By submission of this proposal, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Vendors should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to bidders.

Legal Business Name

Federal Tax ID

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature Printed Name

Telephone Number Fax Number

E-mail address

Contact Person (if someone other than the authorized representative listed above)

Telephone Number Fax Number

E-mail address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

BL100-21 Page 7

HOLIDAYS

List all dates that you deem a holiday and for which you will charge holiday rates for services:

Company Name

BL100-21 Page 8

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed within the last three years as outlined in the above specifications.

Note: References should be customized for each project, rather than submitting the same set of references for every project bid. The references listed should be of similar size and scope of the project being bid on. Do not submit a project list in lieu of this form.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Date

Contact Person Telephone

E-Mail Address

2. Company Name

3. Company Name

Company Name

BLXXX-21 Page 9

BL100-21, Provision of Respite Care for Gwinnett County Citizens on an Annual Contract

CONTRACTOR AFFIDAVIT AND AGREEMENT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH YOUR SUBMITTAL)

By executing this affidavit, the undersigned contractor verifies its compliance with The Illegal Immigration Reform

Enhancements for 2013, stating affirmatively that the individual, firm, or corporation which is contracting with the Gwinnett County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security] to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act, in accordance with the applicability provisions and deadlines established therein.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services or the performance of labor pursuant to this contract with the Gwinnett County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with the Illegal Immigration Reform and Enforcement Act on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form.

Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Gwinnett County Board of Commissioners at the time the subcontractor(s) is retained to perform such service.

E-Verify * User Identification Number Date Registered

Legal Company Name

Street Address

City/State/Zip Code

BY: Authorized Officer or Agent Date (Contractor Signature)

Title of Authorized Officer or Agent of Contractor

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_______ DAY OF ______________________, 20_______

Notary Public My Commission Expires: ___________________________

* As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is “E-Verify” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

For Gwinnett County Use Only:

Document ID #________________

Issue Date: ___________________

Initials: ______________________

BLXXX-21 Page 10

BL100-21, Provision of Respite Care for Gwinnett County Citizens on an Annual Contract

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

In accordance with Section 54-33 of the Gwinnett County Code of Ordinances the undersigned bidder/proposer makes the following full and complete disclosure under oath, to the best of his/her knowledge, of the name(s) of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or with the bidder/proposer, its affiliates or its subcontractors:

1.

(Company Submitting Bid/Proposal)

2. (Please check one box below)

No information to disclose (complete only section 4 below)

Disclosed information below (complete section 3 & section 4 below)

3. (if additional space is required, please attach list)

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

Gwinnett County Elected Official Name Gwinnett County Elected Official Name

4. Sworn to and subscribed before me this

BY: day of , 20

Authorized Officer or Agent Signature

Printed Name of Authorized Officer or Agent Notary Public

Title of Authorized Officer or Agent of Contractor (seal)

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 54-33. The ordinance will be available to view in its’ entirety at www.gwinnettcounty.com

BL100-21 Page 11

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70

The following provisions are required and apply when federal funds are expended for any contract resulting from this procurement process.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended, Gwinnett County reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000).

Pursuant to Federal Rule (B) above, when federal funds are expended, Gwinnett County reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Gwinnett County also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Gwinnett County believes, in its sole discretion that it is in the best interest of Gwinnett County to do so. The vendor will be compensated for work performed and accepted and goods accepted by Gwinnett County as of the termination date if the contract is terminated for convenience of Gwinnett County. Any award under this procurement process is not exclusive and Gwinnett County reserves the right to purchase goods and services from other vendors when it is in the best interest of Gwinnett County.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when federal funds are expended by Gwinnett County on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of vendor https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.101-70

BL100-21 Page 12

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The nonfederal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Gwinnett County, during the term of an award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must

BL100-21 Page 13 comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency

(EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.

189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the nonfederal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Gwinnett, the vendor certifies that during the term and after the awarded term of an award for all contracts by Gwinnett County resulting from this

BL100-21 Page 14 procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(J) § 635.116 Subcontracting and contractor responsibilities—(a) Contracts for projects shall specify the minimum percentage of work that a contractor must perform with its own organization. This percentage shall be not less than 30 percent of the total original contract price excluding any identified specialty items. Specialty items may be performed by subcontract and the amount of any such specialty items so performed may be deducted from the total original contract before computing the amount of work required to be performed by the contractor's own organization. The contract amount upon which the above requirement is computed includes the cost of materials and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

(b) The STD shall not permit any of the contract work to be performed under a subcontract, unless such arrangement has been authorized by the STD in writing. Prior to authorizing a subcontract, the STD shall assure that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

The Division Administrator may permit the STD to satisfy the subcontract assurance requirements by concurrence in a STD process which requires the contractor to certify that each subcontract arrangement will be in the form of a written agreement containing all the requirements and pertinent provisions of the prime contract. Prior to the Division Administrator's concurrence, the STD must demonstrate that it has an acceptable plan for monitoring such certifications.

(c) To assure that all work (including subcontract work) is performed in accordance with the contract requirements, the contractor shall be required to furnish:

(1) A competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work), and;

(2) Such other of its own organizational resources (supervision, management, and engineering services) as the STD contracting officer determines are necessary to assure the performance of the contract.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=3&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd1150cb04deb607beb59cbed782bb51&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=3&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3b26a3918194d6f09318f89081808b84&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=4&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=5&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3b26a3918194d6f09318f89081808b84&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3b26a3918194d6f09318f89081808b84&term_occur=2&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=6&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e76bce56bb7c0af0995c7bb527f2b138&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=7&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116

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(d) In the case of a design-build project, the following requirements apply:

(1) The provisions of paragraph (a) of this section are not applicable to design-build contracts;

(2) At their discretion, the STDs may establish a minimum percentage of work that must be done by the design-builder. For the purpose of this section, the term design-builder may include any firms that are equity participants in the design-builder, their sister and parent companies, and their wholly owned subsidiaries;

(3) No procedure, requirement or preference shall be imposed which prescribes minimum subcontracting requirements or goals (other than those necessary to meet the Disadvantaged Business Enterprise program requirements of 49 CFR part 26).

Pursuant to Federal Rule (J) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (J) above.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(K) § 635.108 Health and safety—Contracts for projects shall include provisions designed:(a) To insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and(b) To require that the contractor shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of persons working at the site of the project and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

Pursuant to Federal Rule (K) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (K) above.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(L) Certification Regarding Compliance with O.C.G.A. § 50-5-85—Grantee certifies that it is not currently engaged in, and agrees for the duration of this Grant not to engage in, a boycott of Israel as defined in O.C.G.A. § 50-5-85.

Pursuant to Federal Rule (L) above, when federal funds are expended by Gwinnett County, the vendor certifies that it is not currently engaged in, and agrees for the duration of this Grant not to engage in, a boycott of Israel as defined in O.C.G.A. § 50-5-85. Grantee further agrees that this certification is incorporated into Grant # _____________ as if completely restated herein.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(M) Drug Free Workplace Compliance with O.C.G.A. 50-24-3 (2010)

(A) Drug-free Workplace. The Contractor/Grantee hereby certifies as follows:

(1) Contractor/Grantee will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Contract; and

(2) If Contractor/Grantee has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract; and https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=45433793bd15cdafe32554b20e7c7716&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/cfr/text/23/635.116#a https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=8&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116 https://www.law.cornell.edu/cfr/text/49/part-26

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(3) Contractor/Grantee will secure from any subcontractor hired to work on any job assigned under this Contract the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor that a drug-free workplace program will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code Section 50-24-3."

(B) Contractor may be suspended, terminated, or debarred if it is determined that:

(1) Contractor has made false certification herein above; or

(2) Contractor has violated such certification by failure to carry out the requirements of O.C.G.A. Section 50- 24-3(b).

Pursuant to Federal Rule (M) above, when federal funds are expended by Gwinnett County, the vendor certifies that during the term of an award for all contracts by Gwinnett County resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (M) above.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

(N) § 635.109 Standardized Changed Condition Clauses

(A) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project, including construction services contracts of CM/GC projects, approved under 23 U.S.C. 106:

(1) Differing site conditions.

(i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

(ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

(iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

(iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the STD's at their option.)

(2) Suspensions of work ordered by the engineer.

(i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the https://www.law.cornell.edu/cfr/text/23/635.109#b https://www.law.cornell.edu/uscode/text/23/106 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f6ba15c04d95d5ddca075890e88de03e&term_occur=1&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.109

BL100-21 Page 17 contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

(ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

(iii) No contract adjustment will be allowed…