RP021_26 Inv.pdf

July 21, 2026

REQUEST FOR PROPOSAL

RP021-26

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified consultants for the North Gwinnett Freight Cluster Planning Study for the Department of Planning and Development.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on August 14, 2026, at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting consultants will be read at 3:00 P.M.

The proposal opening will be virtual ONLY. To access the proposal opening virtually, visit the following link.

A list of consultants submitting proposals will be available the following business day on our website www.GwinnettCounty.com.

A virtual pre-proposal conference is scheduled for 10:00 A.M. EST on July 30, 2026. The pre-proposal conference can be attended using the following link. All consultants are urged to attend. Questions regarding proposals should be directed to Casey Beauston, Purchasing Associate III, at Casey.Beauston@GwinnettCounty.com or by calling 770-822-7995, no later than 3:00 P.M. EST on July 31, 2026. Proposals are legal and binding upon the consultant when submitted. One (1) unbound original, four

(4) unbound copies, and an electronic version on a flash drive should be submitted.

Successful consultant 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-10 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 proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the Request for Proposal documents. Gwinnett County reserves the right to reject any or all proposals, to waive technicalities, and to make an award deemed in its best interest.

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

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

Casey Beauston, CPPB Purchasing Associate III

The following pages should be returned with your proposal:

Contract Provisions (Grant Forms), Pages 15-57 Consultant Information, Page 58 Code of Ethics, Page 77 Contractor Affidavit & Agreement, Page 78 Cost Proposal (submitted in a separate sealed envelope), Page 79 References, Page 80 https://teams.microsoft.com/meet/286170230015957?p=NANivEXgJ1SkfCnijX http://www.gwinnettcounty.com/ https://teams.microsoft.com/meet/29386103526494?p=gaG5lPI7mClnrKShBq mailto:%20Casey.Beauston@GwinnettCounty.com mailto:%20Casey.Beauston@GwinnettCounty.com http://www.gwinnettcounty.com/

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I. INTRODUCTION

Gwinnett County is requesting proposals from qualified consultants to conduct the North Gwinnett Freight Cluster Study.

The purpose of this study is to evaluate freight movement within the North Gwinnett Freight Cluster and identify transportation improvements, operational strategies, and policy recommendations that improve freight mobility, safety, and economic competitiveness.

The study is funded through the Atlanta Regional Commission (ARC) Freight Cluster Plan Program, which provides federal transportation planning funds administered through the Georgia Department of Transportation (GDOT). The project will be funded approximately 80 percent with federal funds and 20 percent with local funds provided by Gwinnett County.

The resulting plan will identify implementation-ready projects and policy strategies that can support future funding opportunities including local capital programs, SPLOST funding, GDOT programs, and federal discretionary grants.

A key objective of the study is to better understand local freight movements serving businesses within the cluster versus regional through-freight traveling across Gwinnett County.

II. BACKGROUND

Gwinnett County is a major logistics and employment center within the Atlanta metropolitan region and plays a critical role in regional goods movement. The North Gwinnett Freight Cluster, located generally south of Lake Lanier and including portions of Buford, Suwanee, and Lawrenceville as well as unincorporated Gwinnett County, contains a significant concentration of warehouse, distribution, and light manufacturing activity supported by a network of County-maintained arterial and collector roadways.

According to the 2024 Atlanta Regional Freight Mobility Plan, the North Gwinnett Freight Cluster contains more than 73 million square feet of industrial and logistics space across approximately 39,500 acres, representing roughly 12.6 percent of the region’s industrial building area. The cluster includes major employers and facilities such as Mitsubishi Electric, Publix distribution, Target, Rooms to Go, and the USPS North Metro facility, and supports approximately 117,000 jobs and more than 110,000 residents. With an average of more than 16 loading docks per building and strong regional highway connectivity, the area functions as one of the most significant freight hubs in the region. Key supporting corridors

RP021-26 Page 3 include SR 20, SR 120, SR 316, and a network of County-maintained roadways that provide access to I-85 and I-985.

This study will complement the Atlanta Regional Freight Mobility Plan and support future updates to the Regional Transportation Plan and Transportation Improvement Program.

Funding

Any contract award for this study is contingent upon ARC and Gwinnett County receiving adequate funding for this purpose from the Georgia Department of Transportation (GDOT).

Total project budget: $250,000 ARC federal funds: $200,000 Local match: $50,000

Project Deadline

All work must be completed by December 31, 2027.

Study Area and Scope Limitations

The study area includes County-owned and maintained roadways within the North Gwinnett Freight Cluster. While interstate and state routes influence freight movement, this study shall focus primarily on Gwinnett County-maintained facilities. State and interstate routes may be referenced for context where necessary to understand freight patterns and connectivity.

The geographic study area is extensive, and available funding does not support detailed analysis across all corridors. Accordingly, the consultant will assist the County in identifying and refining priority focus corridors and locations for more detailed analysis following an initial systemwide screening. The intent is to concentrate effort where targeted improvements can have the greatest impact and be realistically advanced by the County.

Jurisdictional Context

Portions of the study area include municipalities with independent land use authority.

Gwinnett County does not control zoning or land use decisions within incorporated cities.

This study is not intended to produce land use or zoning recommendations. Any

RP021-26 Page 4 development-related recommendations shall be limited to transportation-related standards and improvements that Gwinnett County can implement through its roadway authority and Unified Development Ordinance (UDO), including access management, driveway spacing and design, truck circulation and connectivity, internal site access, and freight-supportive roadway design.

The consultant may identify coordination opportunities with municipalities, but recommendations must focus on measures that the Gwinnett County Department of Transportation can implement.

Transportation System Focus

The primary focus of the study shall be the Gwinnett County roadway system, particularly facilities owned and operated by Gwinnett County.

However, Gwinnett County operates and manages the traffic signal system throughout the County. Therefore, the study may include operational analysis of signalized intersections on state routes and municipal roadways where freight mobility or traffic operations issues exist.

Coordination with GDOT and municipal jurisdictions will be required where recommendations affect non-county facilities.

III. SCOPE OF SERVICES

A. Project Objectives - The objectives of the North Gwinnett Freight Cluster Study are to:

1. Evaluate existing and future freight movement within the North Gwinnett Freight

Cluster.

2. Identify strategies to improve freight mobility and travel time reliability within the study area.

3. Identify congestion and operational issues that affect freight movement and develop potential solutions.

4. Improve access between major freight corridors and key industrial and logistics activity centers.

5. Enhance safety for all roadway users, including freight vehicles, passenger vehicles, pedestrians, and bicyclists.

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6. Assess connectivity between major freight corridors and identify opportunities to improve network connectivity.

7. Support economic development by improving access to jobs, industrial areas, and logistics facilities.

8. Develop transportation projects and strategies that can be implemented using existing local funding sources or positioned for future state and federal funding opportunities.

The study will also support the regional vision identified in The Atlanta Region's Plan, including:

• World-Class Infrastructure

• A Competitive Economy

• Healthy, Livable Communities

B. Tasks and Responsibilities

The consultant shall perform the tasks described below. These tasks reflect the minimum requirements established by the Atlanta Regional Commission Freight Cluster Plan Program and the applicable Subgrant Agreement. Proposers may recommend enhanced methods or optional approaches; however, the core task structure and required deliverables shall remain consistent with the grant-funded scope.

TASK 1 – PROJECT MANAGEMENT

The consultant shall provide overall project management and coordination for the study.

Work shall include coordination with Gwinnett County, ARC, GDOT, jurisdictions within the study area, and adjacent jurisdictions as appropriate.

The consultant shall establish a Project Management Team and prepare a Project Management Plan identifying agencies and organizations critical to the successful development of the study. The plan shall establish communication protocols, document review procedures, milestone schedules, and decision points.

The consultant shall also prepare a Stakeholder Engagement and Outreach Plan identifying key stakeholders, outreach methods, and opportunities for public and private sector participation throughout the planning process.

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Deliverables

• Project Management Plan (Draft and Final)

• Stakeholder Engagement and Outreach Plan (Draft and Final)

• Monthly progress reports

• Meeting summaries

TASK 2 – ENGAGEMENT

The consultant shall conduct a stakeholder and public engagement process involving freight industry representatives, local businesses, community members, government agencies, and other interested parties.

Engagement techniques may include stakeholder interviews, surveys, mapping tools, advisory groups, workshops, open houses, and targeted outreach to truck drivers, industrial employers, and underrepresented communities.

The consultant shall include presentations and opportunities for input at three ARC Freight Advisory Task Force meetings.

A project website shall be maintained to provide public access to project information, schedule updates, draft deliverables, and engagement opportunities.

• Vision, Goals, and Objectives for the Freight Cluster Plan

• Documentation of engagement activities

• Project website content and updates

TASK 3 – BEST PRACTICES REVIEW

Early in the planning process, the consultant shall conduct a high-level review of best practices relevant to freight planning and goods movement.

Topics may include:

• Local freight planning methods

• Traffic operations strategies

• Intelligent Transportation Systems (ITS)

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• Emerging technologies

• Land use compatibility between industrial and residential areas

• Supply chain and logistics trends

• Public-private partnership opportunities

• Best Practices Report (Draft and Final)

TASK 4 – INVENTORY, ASSESSMENT, AND TRAFFIC STUDY

Task 4.1 Inventory and Assessment

The consultant shall prepare a detailed inventory of existing conditions and assess current and future transportation needs within the study area.

The inventory shall include, at minimum:

• Transportation system state of good repair / maintenance

• Roadways

• Multimodal crash history

• Transit infrastructure and operations

• Bicycle and pedestrian infrastructure

• Transportation Demand Management programs

• ITS / connected vehicle infrastructure

• Vulnerable transportation assets

• System performance monitoring programs

• Designated truck routes

• Truck restrictions

• Freight origin-destination patterns

• Bridges, weight restrictions, and low-clearance locations

• Authorized and unauthorized truck parking

• Rail crossings and freight rail facilities

• Relevant truck-related signage

• Alternative fuel facilities

• Major truck trip generators

• Industrial growth areas

• Existing land use conflicts affecting freight movement

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The consultant shall also review previously completed plans, ongoing projects, and relevant funding trends. In addition to data on transportation facilities and policies, this task shall include an assessment of how Gwinnett County and jurisdictions within the county boundaries currently fund transportation. This assessment shall also incorporate transportation funding trends at the state and federal levels.

Task 4.2 Traffic Study

The consultant shall conduct traffic analysis of key corridors and intersections identified in coordination with Gwinnett County.

The traffic study shall include existing conditions analysis and future year analysis using projected traffic volumes approximately ten (10) years into the future, as appropriate.

Analysis shall follow current Highway Capacity Manual methodology and shall include:

• Conducting AM and PM peak hour turning movement counts

• Vehicle classification counts

• Level of Service

• Delay and queue analysis

• Freight operational constraints

• Signal and intersection operations review

Recommendations shall be developed based on findings from the analysis.

An operational and geometric design field review shall be conducted of key intersections and corridors as part of the traffic study. This review shall evaluate overall traffic conditions in the study area as well as specific design and operational issues affecting freight movement. At a minimum, the field review shall include:

• Identification of discrepancies between traffic analysis results and observed field conditions

• Queue lengths for turning movements that impact intersection operations

• Signal timing, phasing, and coordination along key corridors

• Intersection turning radii, median, and shoulder design considerations

• Unsignalized intersection and driveway turning conflicts

• Horizontal and vertical sight distance conditions

• Adequacy of signage and lighting

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• Other location-specific issues identified during the planning process

The results of the field review shall be documented with a focus on how observed conditions may impact traffic operations and multimodal safety. Documentation shall include both locations included in the traffic analysis and other areas, such as unsignalized intersections, driveways, and mid-block segments, where operational or design issues are present.

• Inventory and Assessment Report (Draft and Final)

• Traffic Study Report (Draft and Final)

• Raw count data

• Traffic analysis files

TASK 5 – RECOMMENDATIONS

The consultant shall develop transportation projects, programs, policies, and implementation strategies responding to identified needs.

Recommendations may include:

• Roadway improvements

• Intersection improvements

• Freight mobility projects

• Access management strategies

• Operational improvements

• Safety improvements

• Technology solutions

• Policy and program strategies

• Regional connectivity improvements

The consultant shall prepare:

Fiscally Constrained Short-Term Action Plan

A five- to ten-year action plan identifying implementable projects and actions using existing or reasonably anticipated funding sources.

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Fiscally Unconstrained Long-Term Vision Project List

A prioritized list of longer-range projects and strategies supporting long-term freight mobility and economic competitiveness.

• Draft and final recommendations materials

• Project prioritization framework

• Planning-level cost estimates

TASK 6 – FINAL DOCUMENTATION

The consultant shall prepare final plan documents summarizing the planning process, findings, recommendations, and implementation priorities.

The final plan shall be suitable for presentation to the Gwinnett County Board of Commissioners and future funding applications.

• Recommendations Final Report (Draft and Final)

• Executive Summary (Draft and Final)

• GIS data and shapefiles

• Supporting technical files

• Final editable digital files

• Adoption-ready presentation materials

IV. PROPOSAL SUBMISSION INSTRUCTIONS

A. Proposal Requirements - Proposals must clearly identify the following requirements:

1. Proposed methodology and technical approach; including but not limited to:

Screening methodology, focus-area refinement, local vs through-freight analysis, inland port analysis approach, and implementation strategy.

2. Team qualifications and experience, including resumes of key project management personnel and their designated backups. Any changes in key

RP021-26 Page 11 project management personnel after the contract award must be approved by Gwinnett County.

3. Project management plan, including a timeline that adheres to the completion deadline. The contracted consultant will be mandated to organize consistent interactions with the County, whether face-to-face, via telephonic means, or video conferences, based on the County's preference. The project management plan shall also include regular updates detailing progress and highlighting specific areas of interest as stipulated by the County. A contingency plan detailing the roles of designated backups to ensure project continuity in case of any unforeseen changes in personnel shall also be provided.

4. Detailed budget breakdown based upon the project amount of $250,000. This needs to be provided within your sealed cost proposal. No mention of cost or the breakdown of it should be mentioned outside of your sealed cost proposal. Any mentions included in the rest of the technical proposal will be removed.

5. References and evidence of past performance that showcase the team’s capabilities and experience.

6. Description of the feasibility, capability, and innovative aspects of any potential technological solutions.

7. Acknowledgement of ability to comply with all applicable grant and federal requirements.

V. SELECTION PROCEDURE

1. EXPERIENCE – 25 Points: Provide a description of the experience of the consultant or team in performing comprehensive services for projects of similar size and scope of work over the past five (5) years. Indicate the extent of the consultant’s involvement, whether as lead, sub-consultant, or partner. Consultants may do a chart as a summary and/or full write-up on key relative projects. If full project write-ups are provided, provide no more than five (5) specific projects.

2. QUALIFICATIONS – 25 Points: Provide a description of the qualifications and experience of the key team members that will be working on this project. Describe the experiences of the team members with regard to similar federally funded projects. Describe any special skills or experience that key personnel might contribute to the successful completion of this particular project. Provide a project organizational chart describing all key personnel including point of contact with the County's agents, personnel responsible for quality control, personnel responsible for coordination of all sub-consultants, and personnel responsible for performance of the project manager. The key personnel identified are expected to

RP021-26 Page 12 perform the work on this project. Any deviations must be approved in advance by the County. Organizational charts may be printed on 11” x 17” provided it is folded to 8-1/2” x 11” size. Experience gained with an employer different from current must be identified as such. Please provide contact information for key personnel.

3. SCHEDULE – 20 Points: Provide a preliminary schedule indicating the time necessary for each phase of work identified in this document and relevant attachments. Utilize actual dates based on an anticipated contract award date of October 2026 (or earlier) and ensure completion prior to December 31, 2027. Refer to any similar government project where a similar schedule was accomplished.

4. UNDERSTANDING AND APPROACH – 20 Points: Demonstrate a clear understanding of the project’s goal to identify and prioritize actionable freight mobility and safety improvements on Gwinnett County-maintained roadways that can be implemented locally or positioned for future funding. The approach should outline methods for systemwide screening, distinguishing between local and through-freight activity, refining priority focus areas with County staff, evaluating regional influences and future cross-county connections at an appropriate planning level, and developing targeted, implementable recommendations within the project budget and schedule. Consultants should present practical, efficient methods and are urged not to simply restate the scope of work included in this Request for Proposal.

5. REFERENCES – 10 Points: Provide at least three (3) references for similar work completed within the last five (5) years complete with names, addresses, current telephone number, email address, and project-identifying information for that reference. All references should be verified for current contact information prior to submission. Gwinnett County will make every attempt to contact references, but if a reference does not respond to attempts at verification, the consultant shall receive no points for that reference. It is the responsibility of the proposing consultant to verify the contact information and availability of references prior to submission of proposal(s). Provide references for any sub-consultants, if used.

Proposals will be evaluated based on their relative responsiveness to the criteria described above and with those criteria’s values weighted as shown. The selection committee may then, at its discretion, shortlist the highest-scoring consultants.

Should the County choose to shortlist the consultants, those making the list may be invited to participate in an interview/oral presentation at the discretion of Gwinnett County.

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The proposals shall be scored based on the following evaluation criteria:

Phase I Criteria Points 1 Experience 25 2 Qualifications 25 3 Schedule 20 4 Understanding and Approach 20 5 References 10

Phase I Subtotal 100 Phase II

6 Cost Proposal (submitted in a separate sealed envelope) 5 Phases I and II Subtotal 105

Phase III 7 Optional Interview 10

Maximum Total Points 115

The Technical Proposals will be evaluated in order to select the consultant(s) which rates highest according to the criteria elaborated above (Phase I, Criteria 1-5). The selection committee may then shortlist the highest scoring consultant(s) to Phase II.

In Phase II, the Cost Proposal of the shortlisted consultant(s) will then be opened and scored. The highest scoring consultant may be selected at this point, or the committee may invite a number of the highest scoring consultant(s) to interview. The number of consultants shortlisted and interviewed, if any, will be at the discretion of the selection committee.

If Phase III is deemed necessary for selection, interviews and evaluation will be performed and will be worth an additional 0-10 points in the selection process. The consultant will be responsible for any cost associated with the request for an interview.

Upon completion of the evaluation and ranking of proposals, including technical qualifications and Cost Proposal, the County may initiate negotiations with the highest scoring consultant to arrive at a fair and reasonable compensation for the solicited services which considers the scope, complexity, professional nature, and estimated value of the services to be rendered. If the County and the highest scoring consultant are unable to negotiate a fair and reasonable contract, the County may formally terminate

RP021-26 Page 14 negotiations and undertake negotiations with the next highest-scoring consultant, and so on, continuing the process until an agreement is reached.

The full cost of the proposal preparation and all costs incurred to participate in the oral presentation/interview/demonstration are to be borne by the proposing consultant.

VI. INSURANCE REQUIREMENTS

The successful consultant shall provide adequate coverage for the entire term of the contract per the attached requirements.

VII. ADDITIONAL INFORMATION

A. All work performed under this Request for Proposal and resulting contract shall comply with the requirements of the Atlanta Regional Commission (ARC) Subgrant Agreement for the Regional Freight Planning Studies program (Contract No.

062512), including all applicable federal, state, and local regulations and reporting requirements.

B. The total funding available for this project is $250,000, consisting of $200,000 in federal funds, and $50,000 in required local match. No additional funding is anticipated. All work must be completed no later than December 31, 2027, in accordance with the Subgrant Agreement.

C. The selected consultant shall work in close coordination with Gwinnett County staff and the Atlanta Regional Commission throughout the duration of the project.

Gwinnett County retains final decision-making authority on all technical, policy, and implementation matters. All work products, data, analyses, reports, GIS files, correspondence, and supporting materials developed under this contract shall become the property of Gwinnett County upon completion or termination of the contract.

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REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS

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 $250,000, 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

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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

(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.

(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

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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.

(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 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.

(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).

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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.

(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.

(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 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

RP021-26 Page 19 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.

(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;

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=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=f6ba15c04d95d5ddca075890e88de03e&term_occur=6&term_src=Title:23:Chapter:I:Subchapter:G:Part:635:Subpart:A:635.116

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(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.

(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.

(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.

(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.

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 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

RP021-26 Page 21

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.

(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

(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.

RP021-26 Page 22

(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…