RECEIVED MAY172024 BY:! hn,  DRIGINAL  Board of Commissioners Agenda Item Transmittal Form Procurement/ContractTransmita Form  DISTRIBUTED SinAipfqurononr BOCApproval Date:  Type of contract: 1yearD Multi-yearD Single Event D Contract #:  Submission Information Contact Name: Director Kimbry Peek Department: Water Resources  Vendor/nformaton GDOTA Address: 10th Floor  Vendor Name: State of Georgia, Office ofUtilities Address: One Georgia Center, 600 West Peachtree St.  Vendor 1EH  Project Title: I-20 @ SR1381 Interchange Improvements- Address: Atlanta, Georgia 30308  Sewer  Water and  Relocations. PIno731048  Funding Account Number: R&E 505- 440-541405-44 p/ Contract amount: $2,000,000.00 Contract Type: Goods 0 Services 01 Labor 0 Contract Action: New (X) Renewal 0 Change Order 0  Email: bomny040-631-1709 Contact: Danah Bonny Term of contract:  Original Contract Number: approved for processing. Signature:  Finance Director Signature Ihave reviewed thea attached contract, and the amount is  Procurement Manager Signature Ihave reviewed the attached contract, andi iti is in compliance with Purchasing Policies ofl Rockdale County. Signature: emaav  Date:  Date:  5120134 hphe  Detailed Summary of Contract:Water. and Sewer relocations arer necessaryfor GDOT's:1-20 @ SR138 Interchange Improvements Project. Rockdale Countyr requested: thatt this work be includedi in GDOT's contractforther roadway work. The Standard Utility gleemenucontactitem Agreemente enclosed includes the scope of work and contract  stipulations.  Department Head/Eigdedoricial: Signature:  Date: 5-16-24    1  Pa2K    Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA: 30308 (404)631-1000 Main Office  GDOT Georgia Departmentoft Tiansporiation  April 16, 2024 Mr. Oz Nesbitt, Sr. Chairman P.O. Box 289 Conyers, Georgia 30012  Rockdale County Board of Commissioners  Subject:  Project No. NH000-0035-01033, Rockdale County  PI No. 731048-  Contract Item Agreement Undated = Water and Sewer Facilities  Dear Mr. Nesbitt:  Ina accordance with your request, the adjustment of Water and Sewer facilities belonging to Rockdale County is being included in the Department's contract for the roadway work on the We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Rockdale County will reimburse the Department for this work. As outlined in Article 8, the non-binding Pre-let estimate not including betterment for this work is $1,924,500.00 of which the Department will bear 0% or $0.00 and Rockdale County will bear 100% or Ifthe Agreement meets with your approval, please handle for execution on behalf of Rockdale County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308, for execution on behalf of the Department. Also, complete the attached resolution form and insert the date of resolution on page 5 of the Agreement. The Official Seal of Rockdale County is also required to be affixed to each counterpart in compliance with instructions from our Attorney Also, please provide Rockdale County's Federal Employee Identification Number (FEIN) in the In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Rockdale County in writing the amount due thel Department based upon the aforementioned  above numbered project.  $1,924,500.00. Also, attached is a cost estimate supporting the Agreement.  General's Office.  blank shown on page 4 of the Agreement.    Chairman Oz Nesbitt, Sr. PI No. 731048- April 16, 2024; Page2of2  Project No. NH000-0035-01(033, Rockdale County Contract Item Agreement Undated - Water and Sewer Facilities  commitment letter at the time of execution. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. The Department will refund any overpayment or request in writing that Rockdale County pay the Department the revised Ify you have any questions or need further information, please contact Danah Bonny at 404- 631-1709 or by email at dbonny@dot.ga.goy. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th  amount as determined by the aforesaid method.  Floor, Atlanta, Georgia 30308 for execution on behalf of the Department.  Very truly yours, Cg Shajan Joseph, P.E. Assistant State Utilities Administrator For: Nicholas Fields State Utilities Administrator  NF: SPJ: MGC: DB  Attachments (Agreement and Estimate) CC: Paul DeNard, P.E., District 7 Engineer Shun Pringle, District 7 Utilities Manager Frantz Boileau, Utilities Preconstruction Specialist Abdulvahid Munshi, Utility Coordinator Rodney Leverette, Project Manager    Account No. - Class: 733005-309 Department ID: 4848010000 Program No.: 4181401  STANDARD UTILITY AGREEMENT CONTRACTI ITEM. AGRBEMENT  Georgia Project No.: NH00-0035-01(033). Rockdale County  G.D.O.T. P.I.No.: 731048- THIS AGREEMENT, made this  by and  between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Rockdale County, a political subdivision of the State of  Georgia, hereinafter called the LOCAL AGENCY, second party;  WITNESS that:  WHEREAS, the DEPARTMENT proposes under the above numbered project to  replace the existing diamond interchange at State Route 138/State Route 20 over Interstate 20  with a single point urban interchange in Rockdale County, Georgia; and  WHEREAS, due to the construction of this project, it will become necessary to  make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8,9,& 101 below; and  WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT  include the adjustment or installation of water and sewer facilities in its highway construction  contractas-showron-tneatached-plans,and  WHEREAS, this Agreement being for the sole purpose of providing a contractor  for work performed on the LOCAL AGENCY'S water and sewer facilities, the LOCAL AGENCY shall bear the cost of said work tol be determined as hereinafter set forth;  WHEREAS, the preliminary engineering, including preparation of detailed plans  and contract estimate for adjustment of the utilities described above have been accomplished by  the LOCAL. AGENCY;  WHEREAS, the DEPARTMENT has relied on the LOCAL AGENCY'S design  in the plans for the utility work, which has been approved by the LOCAL AGENCY and  accepted by the DEPARTMENT prior to commencing work;  NOW THEREFORE, in consideration of the premises and the mutual covenants 1. All construction engineering and contract supervision shall be the  of the parties hereinafter set forth, iti is agreed:  responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY'S Consultant before authorizing any changes or  deviations which affect the LOCAL AGENCY'S facility.    STANDARD UTILITY AGREEMENT CONTRACT) ITEM. AGREEMENT  2. The LOCAL AGENCY or the LOCALI AGENCY'S Consultant shall have  the right to visit and inspect the work at any time and advise the DEPARTMENT'S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the  LOCALAGENCY.  3, Iti is specifically understood that the project number shown above is for the  DEPARTMENTS identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the  other terms oft this Agreement.  4. The DEPARTMENT shall include in its contract for this project all work  necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highwayp plans along with the necessary specifications to assure that the work conforms to sound  construction practices.  5. In the event it becomes necessary to add pay items that are not provided  for in the contract, thel DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL. AGENÇY shall furnish a check for the additional cost as determined in  Article 81 below.  6. The DEPARTMENT shall furnish on the project the construction  engineering inspection and testing by its own forces required to assure that the work is done in  accordance with the plans, specifications and Special Provisions.  7. Upon completion of the work and upon certification by the  DEPARTMENTS engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL. AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT ori its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENTS rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. The DEPARTMENT, its employees, officers, consultant, and officials shall have no liability stemming from the DEPARTMENT's  reliance upon the LOCAL. AGENCY'S design plans for the utility relocation.  8. The DEPARTMENT shall include in its highway contract those items  shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT'S tabulation of bids. The approximate non-binding pre-let estimate, not including betterment, is $1,924,500.00 based on the LOCAL AGENCY'S estimate attached hereto of which the Department shall bear $0.00 or 0% and the LOCAL AGENCY  shall bear $1,924,500.00 or 100%.  2    STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT  9. Iti is mutually agreed that as soon as practicable after the opening of bids  and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL AGENCY in writing oft the amount due the DEPARTMENT. The LOCAL AGENCY shall pay  to the DEPARTMENT the amount due within sixty (60) days.  10. Iti is further mutually agreed that the final cost oft the work performed on  behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request oft the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. accrue to the benefit of and bel binding upon the successors and assigns oft thej parties hereto. not currently engaged in, and agrees that for the duration of this contract, it will not engage in a  11. The covenants herein contained shall, except as otherwise provided, 12. Pursuant to O.C.G.A. Sec. 50-5-85, COMPANY hereby certifies that it is  boycotrofIsrael  13. Itisn mutually agreed between the parties hereto that this document shall be  deemed to have been executed in the Fulton County, Georgia, andt that all questions ofi interpretation  and construction shall be governed by the laws oft the State of Georgia.  14. This Agreement may be executed in any number of counterparts, each  of which sO executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed  Agreement upon request.  3    STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT  IN WITNESS WHEREOF, the parties hereto have set theirl hands and affixed their seals, caused this Agreement to be executed in three counterparts, each to be considered as original by  their authorized representative the day and date hereinabove written.  ROCKDALE COUNTY  Approveda ast tof form M, Qader A. Balg, County Attomey  BY:  Oshon NelHJvi Cheinmn  TTTLE:  Signed on behalfofRocklale County pursuant to resolution dated  ********  ***********  FEIN_ 58-6000882  BY:  SECREFARY/ASSTSECRITAR Bcmss pireuk G-ZOFFICIALSEAL)  RECOMMENDED:  ACCEPTED:  DEPARTMENT OF TRANSFORTATION  BY:  STATE OTILITIES ADMINISTRATOR  BY:  COMMISSIONER  PROJECTNO.: NH000-0035-01033) G.D.0.T.PLNO.: 731048-  Signed, sealed and delivered this  COUNTY: DATE:  Rockdale April 16, 2024 DB  day of  20  (OFFICIAL SEAL OF THE DEPARTMENT)  Iattest that the seal imprinted herein ist the Official Seal oft the DEPARTMENT.  BY:  TREASURER  OFFICIALCUSTODIAN OF THE SEAL  4    STANDARD UTILITY AGREEMENT CONTRACT: ITEM AGREEMENT  RESOLUTION  STATE OF GEORGIA ROCKDALECOUNTY  BE IT RESOLVED by the CHAIRMAN and BOARD OF COMMISSIONERS of ROCKDALE COUNTY, and it is hereby resolved, that the foregoing attached Agreement, relative to project NH000-0035-01033, P.I. No. 731048- to replace the existing diamond interchange at State Route 138/State Route 20 over Interstate 20 with a single point urban interchange in Rockdale County and that Mr. Oz Nesbitt, Sr. as Chairman of the Board and Veunier lutledpe as County Clerk, be and they are, thereby authorized and directed to execute the same for andi in behalf ofs said by the CHAIRMAN and BOARD OF COMMISSIONERS OfROCKDALE COUNTY.  Passed and adopted, this the  day of  20  ATTEST:  BY:  COUNTYCLERK STATE OF GEORGIA, ROCKDALE COUNTY I, Kemnik  CHAIRMAN  as  luke  County Clerk, do hereby certify that I am custodian of  the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Chairman and Board of Commissioners of Rockdale  County.  WITNESS my hand and official signature, this the  day of  20 24  BY:  COUNTY CLERK (OFFICIALSEAL)  5