RECE: 7 : ORIGINAL MAR 2 4 2025 - Gaor Board of Commissioners BY:. funcar Agenda Item Transmittal Form Procirement/Contract Transmittal Form Revised 1/17/25 Type ofcontract: 1year) X Multi-yearl Single Event D Contract #: BOCApproval Date: Submission! Information: Vendorhiormation: Contact Name: Andréw Hammer X 7268 Vendor Name: Electrical Contractor Inc. Department: Gemeral Services Address: 8141 Technology Dr. Suite D Address: Covington ,Ga 30014 Project Title: Unit Prices for Electrical Services Email: .krontz@ecincus Funding. Account Number: various accounts Phone #:' 770-788-8082 Contract amount: See bid schedule Contact: Dean Krontz Budgeted (X) Not Budgèted C) Contract Type: Goods 0 Services (X) Grant 0 Term of contract: 1 year with 2 - 12 month renewals Contract Action: New (X ) Renewal 0 Change Order ) Original Contract Number: chtefrbandaoricere Senior Procurement Managersignature I have reviewed the attached contract, and the amount is Ihave reviewed the attachèd contract, and iti is in compliance approved for procéssing. with Purchasing Policies of Rockdale County. Signature: AA Sardos Date: SBRh hos Signature: Date: 5olas Detailed summary diContract-denerl Services putout bid ITB #24:22.0rOn demand Ahtertestorelectic services ANIMAXAN repairs atvarious facilities Electrical Contractors Inc wasone ot2highestrated reponsivebidders: General Services recommends: approvalofthis contract, * Department, Head/Flected Official Signature: Date: 3kdes Le brs bps 263 Naceived th Msiakeg 2035-268 Contract No. 2025 - CONTRACT FOR ON-DEMAND UNIT PRICE ELECTRICAL SERVICES AT VARIOUS LOCATIONS This Agreement entered into on this day of 2025, between ROCKDALE COUNTY, GEORGIA, a political subdivision of the State of Georgia, whose address is 962 Milstead Avenue, Conyers, Georgia 30012, (hereinafter referred to as the "County") and ELECTRICAL CONTRACTOR INCORPORATED, a Georgia limited liability company, whose address is 8141 Technology Drive, Suite D. Covington, GA 30014, (hereinafter referred to as "Contractor"). WHEREAS, the County desires to engage the services of Contractor for On-Demand Electrical Services for Various Locations on a per project basis; and WHEREAS, Contractor is qualified to perform this service and desires to render this service to the County as provided herein. NOW THEREFORE, the County engages the services ofContractor for and in consideration of the mutual promises contained in this Agreement. Services will be among the CONTRACTOR and one (1) other contractor. County and CONTRACTOR agree as follows: 1. Services Provided by Contractor. The Contractor will furnish all products, tools, construction equipment, skill and labor of every description necessary to carry out and to complete in a good, firm, substantial workmanlike manner On-Demand Electrical Services for Various Locations on a per project basis in accordance with the County's Invitation to Bid (ITB) No. 24-22, incorporated herein by reference, (hereinafter called "Work"), and Contractor's bid dated January 9, 2025, attached hereto and made a part hereof, (hereinafter called "Bid"). Contractor shall provide, at their expense, all vehicles and equipment necessary to provide this Work. The Work shall be performed at the direction of the Director of General Services or his designee and consistent with all Federal, State and Local laws. Contractor must clean up site after completion of the work and must dispose of all trash, material, packaging, etc. Contractor shall warrant all labor for a period of one year. Material warranty shall be per the manufacturer. The Contract Documents, Addenda, ITB documents and drawings, are considered essential parts of the Agreement, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe and provide for all labor necessary to complete the Work in an acceptable manner, ready for use, or operation by the County. The Contractor shall commence the Work to be performed under this Contract Agreement on a date to be specific in a written Notice to Proceed. 1 Contract No. 2025 - 2. Fees and Compensation. (a) All unit pricing is fixed, at a cost of: Item 1 Licensed Electrician $72.50/HR Item 2 Apprentice/Helper $67.50/HR Labor - Emergency / Afterhours Item 3 Licensed Electrician $85/HR Item 4 Apprentice/Helper $75/HR Item 5 Material Markup Percentage 15% These prices are through the term of this Agreement as set forth in Contractor's Bid dated January 9, 2025, attached hereto and made a part hereof, unless amended as agreed upon by both parties in writing as detailed in Section 6 of this Agreement. CONTRACTOR shall provide emergency service response within TWO (2) hours ofthe initial call. All non-emergency service responses must be provided within TWO (2) days from the initial call and at prices and terms specified unless otherwise noted. The County shall provide payment within thirty (30) days of receiving an invoice. It is understood that the Contractor shall provide and pay for all products, labor (including labor performed after regular working hours, on Saturdays or Sundays, or on legal holidays), tools, construction equipment, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete, place into operation, and deliver the Work. The Contractor shall be responsible for any additional expenses incurred by the County as a result of the extended work hours, including resident inspection overtime. The cost associated with resident inspector overtime will be deducted from the Contractor's monthly payment request. (b) Payments Withheld: The County may decline to approve an application for payment, in whole or in part, as may be necessary to protect the County from loss because of: (1) Failure of the Contractor to make payments properly to subcontractors or for labor or products. (2) Onsatisfactory prosecution ofthe Work by the Contractor either due to quality of the Work or ifthe Contractor is behind the currently approved construction schedule. When the above reasons for nonpayment are corrected, then payment will be made for amounts withheld because of such reasons, not later than the next payment. 2 Contract No. 2025 - 3. Effective Dates of Agreement. The effective date of this Agreement shall be the date said Agreement is signed by the Chair & CEO of the Rockdale County Board of Commissioners (the "Board"). The term of this Agreement shall be for one (1) year ("Term"), from the date of this Agreement, unless and until terminated as provided below. This agreement has an option to renew two (2) additional one- year periods, unless terminated by either party as detailed in section 13 oft this Agreement. 4. Rejection of Work and Materials. All products furnished and all Work completed will be inspected by the County. All products furnished and all Work completed that is not in accordance with the Contract Documents or that is defective will be rejected. All rejected products or Work shall be removed immediately. If rejected products or Work is not removed within 48 hours, the County will have the right and authority to stop the Work immediately and will have the right to arrange for the removal ofs said rejected products or Work at the cost and expense of the Contractor. Contractor shall warrant all Work completed for a five (5) year period following acceptance of Work. 5. Supervision of Work. The Contractor shall supervise and direct the Work. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures ofthe Work. The Contractor shall employ and maintain on the Work a qualified supervisor or superintendent who shall be designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The supervisor shall have full authority to act on behalf of the Contractor and to execute the orders or directions ofthe County without delay. The supervisor shall have full authority to promptly supply products, tools, plant equipment and labor as may be required. The supervisor's authority shall be such that all communication given to the supervisor shall be as binding as if given to the Contractor. The Contractor shall employ only competent and skilled personnel. The Contractor shall, upon demand from the County, immediately remove any superintendent, foreman or workman whom the County may consider incompetent or undesirable. 6. Changes in the Contract. The County may at any time, as the need arises, order changes within the scope of the Work without invalidating the Contract Agreement. Ifsuch changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment will be authorized by Change Order. 7. Insurance. The Contractor shall not commence any work under this Contract until all insurance, as stipulated in the invitation to bid, has been obtained and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence any work on subcontractor's contract until all similar insurance required of the subcontractor has been SO obtained and approved by the Contractor. 3 Contract No. 2025 - 8. Interruption of] Facility Operations. The Contractor shall provide the County with written notice at least three days prior to any interruption in facility operations required by construction activity. The notice shall include the date and time of the scheduled interruption, the length of time the interruption will be in effect, the procedures to be followed, a complete identification of all those processes, equipment and operations to be affected, and all other information the County may require. The Contractor shall provide any equipment, piping, auxiliary power or other means necessary to sustain facility operations. 9. Protection of Work, Property and Persons. (a) The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all products to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course ofconstruction. (b) The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54) as amended. The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection. (c) The Contractor shall remedy all damage, injury or loss to any property, improvements or facilities caused, directly or indirectly, in whole or in part, by the Contractor or any ofthe Contractor's subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The property, improvements or facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work. In case of failure on the part of the Contractor to restore such property, or make good such damages or injury, the County may, after 48 hours written notice, proceed to repair, rebuild, or otherwise restore such property, improvements or facilities as may be deemed necessary. The cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. (d) In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the County, shall act to prevent threatened damage, injury or loss. (e) Completed Work and stored products shall be suitably protected during unseasonable weather, to allow Work to proceed in a timely fashion. Work planned, or in progress, should be performed to minimize impact of adverse weather. 10. Protection of the Environment. 4 Contract No. 2025 - (a) The Contractor shall be responsible for taking all measures required to minimize all types of pollution associated with the undertaking oft the proposed Work, and shall abide by the requirements of all governmental agencies having jurisdiction over the Work or Contractor's Project operations. This shall include but not be limited to air, water & noise pollution during torch cutting, grinding, burning and grading operations. (b) Any area used or involved in the Project that is disturbed by the Contractor, shall be restored to original or better condition, even though such area is outside the limits of that specified for grading, grassing or landscaping. (c) The Contractor is responsible for maintenance of all erosion control measures, final removal of all temporary BMP's, and irrigation of all permanent vegetative measures until fully established. 11. Protection, Location and Relocation of Utilities. The Contractor shall notify utility owners of the new work in accordance with Georgia Law by calling the Utilities Protection Center (UPC) at 800-282-7411, 72 hours before work is to begin. The Contractor shall protect from damage all existing improvements or utilities at, or in proximity to, the site of the Work, and shall repair or restore any damage to such facilities resulting from failure to exercise reasonable care in the performance of Work. Ift the Contractor fails or refuses to repair any such damage promptly, the County may have the Work performed and charge the cost thereof to the Contractor. Prior to the construction or installation of any new Work, the Contractor shall excavate all existing utilities within the vicinity of the Work to their actual vertical and horizontal location, In order to avoid conflicts between existing and new Work, the Contractor shall either relocate the existing utility on a temporary or permanent basis, or shall take whatever means necessary to protect the existing facilities or utilities during the installation of new Work. 12. Indemnification. In addition to its agreement to obtain and maintain insurance as set forth herein, the Contractor agrees to indemnify and hold harmless the County, its officers, agents, and employees, from any and all claims against the County, its officers, agents and employees, which arise out of any act or omission of the Contractor or any of the Contractor's officers, agents and/or employees, and any and all claims which result from any condition created or maintained by the Contractor or anyone employed by the Contractor or any of their officers, agents or employees, which condition does not specify to be created or maintained by this Contract. 13. Termination of Agreement. In the event either party elects to terminate this Agreement for whatever reason deemed appropriate, written notice shall be provided and termination shall be effective 15 days from receipt of written notice. 14. Notice. Any notice or other communication required or permitted to be given under this Agreement must be in writing and must be mailed by overnight delivery or certified mail, 5 Contract No. 2025 - postage prepaid, SO that the notifying party can prove delivery of notice and the date thereof, and addressed as follows: To the County: To the Contractor: Rockdale County, Georgia Electrical Contractor Incorporated Finance Deparment/Purchasing Division Attn: Dean Krontz Attn: Tina Malone 8141 Technology Drive, Suite D 958 Milstead Ave., Suite 300 Covington, GA 30014 Conyers, Georgia 30012 Email - d.krontzQecinc.us Email = tina.malone@rockdalecountygagoy The addresses stated in this paragraph may be changed by the respective parties upon a documented notice delivered in advance, pursuant to this paragraph. 15. Assignment. The Contractor shall have no right to transfer or assign its interest in this Agreement without the prior written consent of an authorized representative ofthe County. 16. Corporate Authority. Contractor represents to the County that this Agreement, the transaction contemplated in this Agreement, and the execution and delivery hereof, have been duly authorized by all necessary corporate proceedings and actions, including, without limitation, the action on the part of the directors. The individual executing this Agreement on behalf of Contractor warrants that he or she is authorized to do SO and that this Agreement constitutes the legally binding obligation of the corporation. 17. Waiver. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement in this Agreement. The waiver by any party of a breach of any provision or condition contained in this Agreement shall not operate or be construed as a waiver of any subsequent breach or of any other conditions. 18. Severability. If any provision of this Agreement or application to any party or circumstances shall be determined by any court of competent jurisdiction to be unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances, other than those as to which it is SO determined invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. 19. Interpretation. Should any provision of this Agreement require a judicial interpretation, the parties agree that the body interpreting or construing this Agreement will not apply the assumption that the terms of this Agreement will be more strictly construed against one party by reason ofthe rule of legal construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared the Agreement. The parties acknowledge and agree that they 6 Contract No. 2025 - and their agents have each participated equally in the negotiation and preparation of this Agreement. 20. Venue & Jurisdiction. The County and the Contractor, by entering into this Promissory Note, hereby agree that the courts of Rockdale County, Georgia shall have jurisdiction to hear and determine any claims or disputes between them pertaining directly or indirectly to this Agreement. Contractor expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced in said courts. The choice of forum set forth in this section shall not be deemed to preclude the bringing of any action by the County or the enforcement by the County of any judgment obtained in such forum in any other appropriate jurisdiction. Further, the Contractor hereby waives the right to assert the defense of forum non-conveniens and the right to challenge the venue of any court proceeding. 21. Governing Law. This Agreement shall be construed and interpreted according to the provisions of the laws oft the State of Georgia. 22. Binding Effect. This Agreement shall be binding upon the Contractor and its successors and permitted assigns. 23. Further Assurances. The Contractor agrees to execute, acknowledge, seal and deliver, after the date of this Agreement, without additional consideration, such further assurances, instruments and documents, and to take such further actions, as the County may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated by this Agreement. 24. Entire Agreement. This Agreement, its attachments and essential documents (as provided in paragraph 1 above) represent the entire understanding of the parties with regard to the subject matter of this Agreement. There are no oral agreements, understandings, or representations made by any party to this Agreement that are outside of this Agreement and are not expressly stated in it. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all parties. By signing this Agreement, the parties acknowledge that they have read each and every page of this Agreement before signing same and that they understand and assent to all the terms thereof. In addition, by signing this Agreement, the parties acknowledge that they are entering into this Agreement freely and voluntarily and under no compulsion or duress. For purposes of executing this Agreement and any Change Orders, clectronic/scanned/photocopied signatures shall be as valid as the original. -SIGNATURE SECTION FOLLOWS ON NEXT PAGE 7 Contract No, 2025 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first above written, BLECTRICAL CONTRACTOR ROCKDALE COUNTY, GEORGIA INCORPORATED By: Bim hw By: JaNice Van Ness, Chair & CBO Dean Krontz - VP Business Services Name & Title (Typed or Printed) MR 58-1571131 Federal Tax I,D. Number Witness: Attest: Jennifer Rutledge, Director/County Clerk Approved as to form: M. Qader A. Baig, County Attorney & TTB No. 24-22 BID FORM 1 ITB No. 24-22 Instructions: Complete all THREE parts of this bid form. PART : Bid Summary Complete the information below. Labor - Regular Hours $ 1. Licensed Electrician Per Hour $ 72.50 2. Apprentice/Helper Per Hour $ 67.50 Labor - Emergency / Afterhours $ 3. Licensed Electriclan Per Hour $ 85.00 4 AppastclepetPe:ous $ 75.00 5. Material Markup Percentage 15. % PART I: Addenda Acknowledgements (if applicable) Each vendor is responsible for determining that all addenda issued by the Rockdale County Finance Department - Purchasing Division have been received before submitting a bid. Addenda Date Vendor Received Initials "1" 12.30.2024 D "2" "3" "4" "5" "6" PART II: Vendor Information: Vendor Name Electrical Contractor Incorporated Address 8141 Technology Drive, Suite D Telephone 770-788-8082 E-Mail d.krontz@ecinc.us Representative (print name) Dean Krontz Signature of Representative * Date Submitted January 9, 2025 10