Board ofCommissioners Agenda Item Transmittal Form / - Procurement/Contract Transmittal Form Type of Contract: CC Use Only Contract #: Submission Information: Vendor Information: Contact Name: Vendor Name: Vertical Earth Incorporated Brian Kelley, Director of Transportation Department: Address: 6025 Matt Hwy Cumming, GA 30028 RDOT Project Title: Email: liott@vertcal-earthcom LMIG & LRA Resurfacing Program = ITB 24-26 Phone #: 770-888-2224 Budgeted: Yes Contact: Elliott Batts Funding Account Number: 000000000000000 Term of Contract: 305 days Contract Amount: 2,583,172.06 Contract Type: Services Contract Action: New Original Contract Number: Notes and Comments: This agenda item is to complete 8.6 Miles of Roadway Resurfacing, including Milling, Patching, Asphalt Paving, and striping on numerous roadways in Rockdale County. aoxr321 CONTRACT AGREEMENT THIS AGREEMENT made by and between ROCKDALE COUNTY, GEORGIA, hereinafter called "County", and VERTICAL EARTH INCORPORATED a contractor doing business as a corporation of the City of Cumming, County of Forsyth, and State of Georgia, hereinafter called "Contractor". WITNESSETH: that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the County, the Contractor hereby agrees to commence and complete the construction described as follows: 8.6 Miles of Roadway Resurfacing, Including Milling, Patching, Asphalt Paving, And Striping on Numerous Roadway in Rockdale County hereinafter called the "Project", for the sum of $2,583,172.06 (Two Million, Five Hundred Eighty Three Thousand, One Hundred Seventy Two Dollars and Six Cents) and all extra work in connection therewith, under the terms as stated in the General Conditions, Special Provisions, Appendices and Detailed Specifications ofthe Contract, and at Contractor's own cost and expense necessary to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services to complete the said project in accordance with the conditions and prices stated in the proposal, the General Conditions, Special Provisions, Appendices, and Detailed Specifications of the Contract, the plans, which include all explanatory matter thereof, as prepared by Rockdale County, the specifications and contract documents as enumerated in Section 105.04 of the General Conditions, hereinafter called the "Work", all of which are made a part hereof and collectively constitute the Contract. The Contractor shall promptly commence the Work with adequate force and equipment within ten (10) calendar days from receipt of Notice to Proceed, or as may be specified by Special Provision, and to complete the Work by 305 days from Notice to Proceed or as may be specified by Special Provision. Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the County, not as a penalty, but as liquidated damages, the sum of $500.00 for each calendar day that there: is default of completing the Work within the time limit named herein. Ifthe Contractor abandons the Contract before commencement of the Work or defaults in completion of all the Work after commencement thereof, the Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the County and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the County and the general public of Rockdale County, Georgia as a result of the failure on the part of the Contractor to complete the Work on time. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract. TTB #24-26 CA.2 3/2025 The Contractor agrees that any millings are to be considered the property of Rockdale County and are to be returned by Contractor to Rockdale County Department of' Transportation, located at 2570 Old Covington Hwy, SW, Conyers, GA 30012, The County agrees to pay the Contractor in current funds for the performance of the Contract subject to additions and deductions as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Section 109 of the Specifications, as modified in the General Conditions and Special Provisions. Rock Clause - Ifin the process of excavating for any work related to this Contract, the Contractor hits rock that is deemed by the Contractor to be above and beyond expected, Contractor shall stop work immediately and notify the Owner in writing. Work will proceed on an agreed hourly charged basis, Contractor shall promptly, and before the conditions are disturbed, give a written notice to owners on encountering unforeseeable conditions adversely affecting the work. Owners shali investigate the site conditions promptly after receiving notice. Ifthe conditions cause an increase in cost to contractor or the time required for performing any part of the work and were not reasonably foreseeable by an experienced contractor, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. Tina, per. Addenda 4 & 5,1 included this 2-paragraph Rock Clause (copied & pasted). Each party hereby agrees to indemnify and hold harmless the other party from any form of action, lawsuit or claim brought by or on behalf of the indemnifying party's employees, agents or invitees and related in any way to PpdhualPgupmenserises supplied by Seller under this Agreement. Each party expressly agrees that the obligation ofindemnity under this Paragraph extends to an action, lawsuit or claim alleging negligence of the indemnitee. This Agreement shall be construed and interpreted according to the provisions of the laws of the State of Georgia. For purposes of executing this Agreement and any Change Orders, chsonvsamadphabopd signatures shall be as valid as the original. THIS SECTION INTENTIONALLY LEFT BLANK ITB #24-26 CA.3 3/2025 CONTRACT page 2 of2 IN WITNESS WHEREOF, the parties to those presents have executed this Contract in two (2) counterpacts, each of which shall be deemed an original, Executed this day of 2025 ROCKDALE COUNTY, GEORGIA ATTEST: By: (Seal) Jennifer Rutledge, Ex-Officio Clerk JaNiçe Van Ness Chair & CBO, Board of Commissioners Approved as to Form: County Attorney VERTICAL EARTH INCORPORATED ATTEST: By: - (Seal) Secrétars or Assistant Secretary Ellott Bostis, V.P. Transportadion (Print) President or Vice President 58 - 22919053 Federal Tax I.D. Number 3 ITB #24-26 CA.4 3/2025 ITB #24-26 LMIG & LRA ROADWAY REHABILITATION Contract Scope: 8.6 Miles of Roadway Resurfacing, including Milling, Patching, Asphalt Paving, and Striping on Numerous Roadway in Rockdale County. Please complete all sections, including Addenda Acknowledgments and Vendor Information. Vendor: Vertical Earth Inc Signature: BID SCHEDULE OF ITEMS: - 4 3 - Line Paykem Approx - No No tem Unit Qty Unt Price Amount & 646 E5 - 4 TRAFFIC CONTROL - (Incl Temporary 5 150-1000 Striping) LS 1 13libas.Re IStesbasa6 GRADING, ADJUST SHOULDER TO GRADE - (2 Ft. Min Width, Incl Cutting 10 210-0200 Down High Shoulders, Grassingin Kind) LM 5 9,402.22 47,011.J0 GR AGGR BASE CRS, 6 INCH, INCL MATL (USED FOR PATCHING); Additional Quantities Included for Contingency 15 310-5060 Work. SY 1,200 39.41 47,292.00 RECYCLED ASPH CONC 9.5 MM SUPERPAVE, TYPE Il, GP 2 ONLY, INCL 20 402-3103 BITUM MATL& H LIME (1.5 IN) TN 5,040 19.04 594,9W.bo RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM 25 402-3130 MATL & HI LIME (1.5 IN) TN 4,960 123. 79 613.998.40 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2, INCL BITUM 30 402-3190 MATL & H LIME (2.0 IN) TN 6,590 110.19 726.152.10 35 413-0750 TACK COAT GL 12,018 4.71 56y604.7E MILL ASPH CONC PVMT, 1 1/2 IN 40 432-0206 DEPTH SY 84,012 1.4s 120,187.16 MILL ASPH CONC PVMT, 3 1/2 IN 45 432-0214 DEPTH SY 59,297 2.40 142,312.80 LOOP DETECTION 6' X 40' 50 647-6090 (CONTINGENCY ITEM) EA 4 12,475.00 9,900.00 ITB #24-26 BD.20 3/2025 ne Payitem . em Uh Uni mount Non - - 5 - TE - 8 THERMOPLASTIC PVMT MARKING, 55 653-0120 ARROW TP2 2 EA 7 88.00 blb.0o THERMOPLASTIC PVMT MARKING, 60 653-0130 ARROW TP3 EA 2 165.0 330.00 THERMOPLASTIC PVMT MARKING, 65 653-0230 WORD, TP 3A ("SCHOOL") EA 3 165.00 495.00 THERMOPLASTIC PVMT MARKING, 70 653-0231 WORD, TP 4 ("AHEAD") EA 3 165.00 495.00 THERMOPLASTIC SOLID TRAF STRIPE, 75 653-1704 24 IN, WHITE LF 346 6.60 2,283.60 THERMOPLASTIC SOLID TRAF STRIPE, 8 80 653-1804 IN, WHITE LF 425 2.75 6168-75 THERMOPLASTIC SOLID TRAFFIC 85 653-1501 STRIPE, 5 IN, WHITE LF 36,832 0.66 24,309.12 THERMOPLASTIC SOLID TRAFFIC 90 653-1502 STRIPE, 5 IN, YELLOW LF 36,432 0.68 24,773.76 THERMOPLASTIC SKIP TRAFFIC STRIPE, 95 653-3501 5 IN, WHITE GLF 300 0.44 132.00 THERMOPLASTIC TRAF STRIPING, 100 653-6004 WHITE SY 200 6.6o 1320.00 THERMOPLASTIC TRAF STRIPING, 105 653-6006 YELLOW SY 55 6.60 363.00 RAISED PAVEMENT MARKERS 110 654-1001 (TP 1, TP 2, TP3) EA 100 5.50 550.00 115 999-0001 SPEED TABLE - COMPLETE EA 1 5,794.13 5,794.13 REMOVE/REPLACE CONC CURB & GUTTER (MATCH EXISTING IN KIND) 120 N/A (CONTINGENCY ITEM) LF 100 5.50 550.00 121 611-8050 ADJUST MANHOLE TO GRADE EA 10 831.22 8,312.20 ADJUST WATER VALVE BOX TO 122 611-8140 GRADE EA 15 195. 44 2,931.60 ITB #24-26 BD.2 4/2025 123 205-0210 EXCAVATION ROCK CY 100 90.82 9082.00 172,0o TOTAL: 2,583, Signature/Firm Vew-ticau Eor-th Inc ITB #24-26 BD.3 4/2025