RFP2025_001 Construction Services_Boring and .pdf

CURIOISTY LAB AT PEACHTREE CORNERS

REQUEST FOR PROPOSAL

RFP 2025-001

Issue Date:

Friday, March 28, 2025

RFP Number:

RFP 2025-001

RFP Title:

Construction Services- Boring and Pole Installation

RFP Due Date and Time:

Monday, April 28, 2025 12 PM, EST Contact: Cory Salley cory@curiositylabptc.com

INSTRUCTIONS TO RESPONDENTS

Return Proposal to:

Curiosity Lab at Peachtree Corners

310 Technology Parkway

Peachtree Corners, GA 30092

Mark Face of Envelope/Package:

Respondent’s Name and Address

RFP 2025-001 Construction Services

Boring and Pole Installation

RFP Due Date & Time:

Monday, April 28, 2025 12 PM

Special Instructions:

RESPONDENTS MUST COMPLETE THE FOLLOWING

Respondent Name/Address: Authorized Respondent Signatory:

(Please print name and sign in ink)

Respondent Phone Number(s): Respondent FAX Number:

Respondent Federal I.D. Number: Respondent E-mail Address and website address (if available):

Primary Contact Person Name: Primary Contact Person E-mail Address:

RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE

pg. - 2 -

TABLE OF CONTENTS

1) Schedule of Events 2

2) Purpose of RFP 3

3) Scope of Project 3

4) Specific Tasks 4

5) Qualifications / Evaluation Factors 5

6) Key Requirements 5

7) Questions and Responses 6

8) Selection Process 7

9) Additional Information 7

1. SCHEDULE OF EVENTS

EVENT DATE

RFP Issue Date…………………………………………………………………………..............3/28/2025

Deadline for Receipt of E-Mail Questions from Respondents.…………………….....4/22/2025 (12PM)

Deadline for Posting of Written Answers to CLab Website …………………………………..4/23/2025

RFP Response Due Date……………………………………………………………………….4/28/2025

Completion of Response Review………………………………………………………………5/2/2025

Interviews (if required) …………………………………………………………….....................4/30/2025

Anticipated Start Date……………………………………………………………………………5/9/2025

Anticipated Completion Date……………………………………………………………………..7/15/2025

2. PURPOSE OF RFP

A 5G enabled living laboratory for startups and established companies to deploy and prove out developing technologies in a real-world testing environment with no roadblocks, joined by the next generation of intelligent mobility and smart city technology. Curiosity Lab is located in the 500-acre

Technology Park with a three-mile public autonomous and advanced vehicle roadway leveraging cellular vehicle-to-everything (C-V2X) technologies. Additional infrastructure includes dedicated fiber, intelligent traffic cameras and traffic signals, smart streetlights, and a 25,000 square foot innovation center, where startups and corporate innovators create the future together. Addition of the infrastructure will assist with the validation of emerging technologies.

pg. - 3 -

Responding firms should have experience in all areas of expertise required by the scope of services.

Responding firms should submit three examples of projects reflective of the subject of this RFP with at least one project of similar scale.

3. SCOPE OF PROJECT

Consultants are anticipated to provide the services for the installation of poles and boring to needed locations. The project involves:

1) Refer to Construction Plans

4. SPECIFIC TASKS

All tasks are outlined in the Construction Documents

5. QUALIFICATIONS AND EVALUATION FACTORS

The successful consultant should have proven construction experience as it pertains to renovation construction of office buildings along with a record of excellence. In addition, the consultant should provide the following:

(1) History of firm and resources

(2) Key personnel/qualifications, identification of project manager, and percentage of time key staff will be assigned to the project

(3) Project approach

(4) Examples of comparable projects

(5) Current workload

(6) References

(7) Fee proposal

6. KEY REQUIREMENTS

A. Proposal Deadline.

All proposals must be received by 12:00 PM on April 28, 2025 to be considered. There will be no exceptions made. Four (4) identical hard copies must be submitted to the Curiosity Lab and delivered to: Curiosity Lab, 310 Technology Parkway, Peachtree Corners, Georgia, 30092.

B. Public Information Notification.

The CLab considers all materials, information, communications and correspondence in any form from the respondents to this RFP to be non-propriety and non-confidential and, therefore, subject to public disclosure under Georgia Law once the contract is awarded.

C. Format of Proposal should be organized in the manner stipulated below:

1) Report Cover (optional)

2) RFP mandatory Cover Sheet (completed)

pg. - 4 -

3) Table of Contents

4) Tabbed Dividers -Each proposal should have tabbed dividers separating each of the following six sections and matching the following headings:

Section #1: Team Information. Provide firm name, address, telephone number, e-mail addresses, and firm web addresses. Include this information for any subcontractor, as well. Also note the years the firms have been in business, names of principals in firms, organizational description and the primary contact person for this project. Include project organizational chart and resume of key personnel. (5 pages max.)

Section #2: Letter of Interest (1-page max.)

Section #3: Proposed Approach – Describe the objectives of the project and how they will be achieved by the consultant including descriptions that detail the components of the project.

(5pages max.)

Section #4: Proposed Project Timeline- Include a timeline from anticipated start date of 5/9/2025 to

7/15/2025 project completion. Identify current workload and time commitments to other projects.

Section #5: Comparable Experience – Include documents showing previous, comparable projects and note team member’s participation in each project. (8 pages max.) Section #6: Fee Proposal –

Complete and submit Bid Form

7. QUESTIONS AND RESPONSES

A. Questions, requests for clarification or interpretation of any section within this RFP must be addressed by e-mail to cory@curiositylabptc.com on or before 4/22/25 by 12PM. Each inquiry must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

B. Curiosity Lab will provide by 4/23/25 a response to all questions received by the above noted deadline. Curiosity Lab’s response will be by posting on its website

(http://curiositylabptc.com). Answers to e-mail questions will be posted as soon after they are received as possible with every effort made to post responses no later than the day after questions are received. C. Any addenda to this RFP will also be posted on the website.

D. Although there are no pre-proposal meetings scheduled, Curiosity Lab reserves the right to call a preproposal meeting if deemed necessary. Notification of any such meeting will be posted on

Curiosity Labs’ website at least 48 hours in advance of the meeting. In addition, individuals who want to be notified may send an e-mail to cory@curiositylabptc.com requesting e-mail notification.

E. Respondents may not contact Curiosity Lab officials concerning any aspect of this RFP. All inquiries http://peachtreecornersga.gov/ http://curiositylabptc.com/ http://peachtreecornersga.gov/

pg. - 5 -regarding this RFP must cory@curiositylabptc.com.

be directed to Cory Salley at

8. SELECTION PROCESS

• CLab staff and its consultant will evaluate the proposals received, following the application deadline and expects to shortlist firms that demonstrate their capability and experience to undertake and complete the project.

• Curiosity Lab staff may arrange to interview firms before making a final recommendation to the

Executive Director.

• Following its evaluation, Curiosity Lab staff will make a recommendation which will include the first and second ranked firms to the Executive Director.

• The Executive Director is expected to award the contract by May 5, 2025

9. ADDITIONAL INFORMATION / SUPPLEMENTARY PROVISIONS

• Responding to this RFP constitutes understanding and agreement to methods of evaluation and selection.

• The Curiosity Lab reserves the right to reject any and all proposals or to contract with the respondent it deems would be best able to satisfy the requirements and qualifications set forth previously. The criteria used in the selection process will be at the sole discretion of the Curiosity Lab.

• This Project shall be coordinated through the Curiosity Lab Executive Directors Office.

• The terms contained in this RFP shall be incorporated into the final contract.

Project: Construction Services-Innovation Center Exterior

INSTRUCTIONS TO BIDDERS

1. SOLICITATION/NOT AN OFFER

This solicitation does not constitute an offer by the Curiosity Lab (the “CLab”) to enter into an agreement and is not an offer that can be accepted by the Bidder to form an agreement.

No language contained anywhere in this solicitation should be construed or interpreted to convey an offer to enter into agreement with the CLab.

This solicitation is only an invitation for offers from interested Bidders and no offer shall bind the CLab.

This solicitation is an invitation for the Bidder to make an offer to the CLab in the form of a

Bid. No offer made in response to the terms and conditions of this solicitation may include any terms and conditions which can bind the CLab to any contractual agreement until such time as the agreement has first been awarded by the CLab to the most responsible and responsive bidder whose bid meets the material requirements and criteria set forth in the solicitation and is accepted and fully executed and sealed by agents of the CLab designated on the signature page of the agreement included in the solicitation. The term of your offer must conform to all applicable federal and local laws, including all ordinances of the CLab and all requirements of the solicitation.

YOUR OFFER IS A FIRM OFFER AND MAY NOT BE WITHDRAWN.

Your response to this solicitation is a firm offer, which the CLab may accept or reject in whole or in part without any further action on your part. The acceptance of your offer by the

CLab will form an Agreement, which is enforceable against you. Your offer may be withdrawn only with the express written consent of the Curiosity Lab .

Incorporated into this Solicitation is the following previous requirements and information as to the Request for Proposal:

CURIOSITY LAB

REQUEST FOR

PROPOSAL RFP 2025-001

Issue Date:

March 28, 2025

RFP Number: RFP 2025-001 RFP Title:

Construction Services-Boring and Pole Installation

2. RECEIPT AND OPENING OF BIDS

Sealed Bids for Construction Services-Boring and Pole Installation, RFP 2025-001, will be received by designated staff of the Curiosity Lab, 310 Technology Parkway NW, Peachtree

Corners, Georgia 30092, no later than April 28, 2025 12:00 P.M., EDT.

ABSOLUTELY NO BID WILL BE ACCEPTED AFTER 12:00 P.M.

All Bids received by the time and date established above will be opened and publicly read.

3. PREPARATION OF BIDS

All Bids must be submitted on bid document forms supplied by the CLab and shall be subject to all requirements of the Agreement Documents. All Bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the Bid by the Bidder.

Lump sums must be entered in the appropriate spaces provided on the Bid Schedule/Bid

Form. Unit prices, if any, shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount.

The CLab may consider as irregular any conditional bid or any Bid on which there is an alteration of, or departure from, the Bid Schedule hereto attached and at its option may reject the same.

Failure to execute the Bid Schedule/Bid Form documents may render the Bidder as nonresponsive and cause rejection of the Bid.

4. GEORGIA CONTRACTOR’S LICENSE

The Bidder shall provide a Bidder’s Georgia Contractor’s License Number on the outside of the Sealed Envelope. A contractor’s license number held by a Subcontractor or issued by another state does NOT fulfill this requirement in lieu of the Bidder’s Georgia Contractor’s

License. Failure to provide the Bidder’s Georgia Contractor License Number on the outside of the sealed envelope will result in a rejection of the Bid at the Opening. The Bidder is required to submit the certificate included in Part I, Section II along with a copy of the license.

5. HOW TO SUBMIT BIDS

The Bid and required submittals, including the Bid Documentation, the acknowledgment of each Addendum, the Bid Bond, the Power of Attorney for the attorney-in-fact signing the

Bid Bond, and other documents as required in these Agreement Documents may be photocopied for submission of Bids. Submit (1) original and three (3) copies of the Bid and required attachments.

In addition to the hard copy submittals, each Bidder shall submit a digital version of its Bid in Adobe Portable Document Format (PDF) on Universal Serial Bus (USB).

The complete package of Bid documents shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the project name and numbers, name of Bidder and date and time of bid opening in order to guard against premature opening of the Bid.

Bids must be addressed as follows:

Cory Salley

Curiosity Lab

310 Technology Parkway NW

Peachtree Corners, Georgia 30092

Mark Face of Envelope/Package:

Respondent’s Name and Address

RFP 2025-001 Boring and Pole Installation

Construction Services RFP Due

Date & Time:

April 28th, 2025, 12 pm, EST

6. EXECUTION OF BIDDING DOCUMENTS

A complete set of Bidding Documents have been bound separately from the agreement forms and Specifications for the use of Bidders. Bidders shall submit their Bids, together with the bid bond and all forms which the Bidder is required to sign, executed in the appropriate manner as set forth below:

a. If the Bidder is a corporation, all documents requiring execution by the

Bidder shall be signed by the president or vice-president of the corporation, whose signature shall be attested by the secretary or assistant secretary of the corporation and the corporate seal affixed.

b. If the Bidder is an individual, he or she shall sign the documents and his or her signature shall be notarized by a notary public.

c. If the Bidder is an individual doing business under a trade name, all documents shall be signed by the Bidder whose signature shall be followed by either, "doing business as," or "trading as," followed by the trade name of the Bidder's business, and notarized by a notary public.

d. If the Bidder is a partnership, all forms shall be executed by placing the name of the partnership followed by "By: (the name of the partner executing)"

e. If the Bidder is a joint venture, each party to the joint venture shall execute the Bidding Documents in the manner set forth in items a, b, c, or d of this article of the Instructions to Bidders as appropriate for this type of organization.

If the Bidder is a Joint Venture, all other documents in the Bidding Documents shall be executed by one of the parties to the joint venture, as provided by Article 4 of the Joint Venture

Statement, in the same manner as the executed said Joint Venture Statement.

7. ERRORS IN BIDS

Bidders and their authorized representatives are expected to fully familiarize themselves with the conditions, requirements, and Specifications before submitting Bid. Failure to do so will be at the Bidder's own risk.

8. DISQUALIFICATION OF BIDDERS

Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid:

a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same or different name(s);

b. Evidence of collusion among Bidders;

c. Previous participation in collusive bidding on Work for the CLab;

d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items;

e. Lack of competency of Bidder (the Agreement will be awarded only to a

Bidder(s) rated as capable of performing the Work; the CLab may declare any

Bidder ineligible at any time during the process of receiving Bids or awarding the Agreement where developments arise which, in the opinion of the CLab, adversely affect the Bidder’s responsibility; however, the Bidder will be given an opportunity by the CLab to present additional evidence before final action is taken;

f. Lack of responsibility as shown by past Work judged from the standpoint of workmanship and progress; financial irresponsibility, including but not limited to, leaving retainage in CLab account;

g. Uncompleted Work for which the Bidder is committed by Agreement, which in the judgment of the CLab, might hinder or prevent the prompt completion of Work under this Agreement if awarded to such Bidder; and

h. Being in arrears on any existing or prior contracts with the CLab thereon or having defaulted on a previous contract with the CLab.

9. REJECTION OF BIDS

Bids may be considered irregular and may be rejected if they show omissions, alterations of forms, addition not called for, conditions, limitations, unauthorized alternate Bids or other irregularities of any kind. The CLab reserves the right to waive any informalities or irregularities of Bids.

10. BID BOND (REQUIRED SUBMITTAL)

Bidders are required to furnish a Bid Bond in the amount of five percent (5%) of the total Bid amount. Bidders offering alternative Bids shall provide a guaranty for the largest total Bid amount. At the option of the Bidder, the bid bond requirement may be met with a certified check payable to the order of the CLab or a bid bond in the form attached

(Exhibit A). The bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570.

No Bid shall be considered unless it is accompanied by the required guaranty or bid bond.

The Bid Bond shall insure the execution of the Agreement and the furnishing of the performance and payment bonds and insurance by the successful Bidder as required by the

Agreement Documents. The Bid Bond of the Bidders submitting the five (5) lowest total Bid amounts for the Agreement will be retained either until the successful Bidder has signed the

Agreement and furnished performance and payment bonds and certificates of insurance, or until the ninetieth (90th) calendar day after the Bid opening date, whichever is sooner.

Attorneys-in-fact who sign bid bonds must file with the bond a certified and effectively dated copy of their power of attorney.

11. STATEMENT OF BIDDER'S QUALIFICATIONS

As part of the RFP response the bidder shall show their qualifications through comparable work and team experience.

The CLab shall have the right to require such additional information, as it deems necessary to evaluate the ability of the Bidder to successfully perform the Work.

The CLab reserves the right to reject any Bidder who does not satisfy the CLab as to his ability to successfully perform the Work, previous pre-qualification notwithstanding.

12. AUTHORIZATION TO TRANSACT BUSINESS (REQUIRED SUBMITTAL)

Each Bidder must submit with its Bid documentation that demonstrates it is duly authorized to conduct business in the State of Georgia. If the Contractor is a corporation or corporations combined to form a joint venture, the corporation or members of the joint venture team, prior to Agreement execution, must submit documentary evidence from the Secretary of State that the corporation is in good standing and that the corporation is authorized to transact business in the State of Georgia.

13. BID FORM; BID DATA; CHECKLIST (REQUIRED SUBMITTALS)

The Bidder must complete and execute these sections of the Bidding documents.

14. WAGE RATES OF CURIOSITY LAB FUNDED CONSTRUCTION PROJECTS

Contractor is Responsible for all Federal and State government wage requirements.

15. PRE-BID INSPECTION

Prior to submission of a Bid, the Bidder shall have made a thorough examination of the Work

Site. The Bidder shall become informed as to the nature of the proposed construction, the kind of facilities required to carry out the construction, labor conditions, and all other matters that may affect the cost and time of completion of the Work upon which it bids.

The Bidder shall make itself familiar with all of the Agreement documents and other instructions before submitting its Bid, in order that no misunderstanding shall exist in regard to the nature and character of the Work to be done. No allowance shall be made for any claims that the Bid is based on incomplete information as to the nature and character of the site or the Work involved.

The Contractor, by execution of the Agreement, shall in no way be relieved of any obligation under it due to its failure to receive or examine any form or legal instrument or to visit the site and acquaint itself with the conditions there existing, and the CLab shall be justified in rejecting any claims based on facts regarding that which the Contractor should have known as a result thereof.

16. ADDENDA AND INTERPRETATIONS

Questions, requests for clarification or interpretation of any section within this RFP must be addressed by e-mail to cory@curiositylabptc.com on or before 4/22/2025 by 12PM. Each inquiry must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered.

The CLab will provide by 4/23/2025 a response to all questions received by the above noted deadline. The CLab's response will be by posting on the CLab’s website

(http://www.peachtreecornersga.gov). Answers to e-mail questions will be posted as soon after they are received as possible with every effort made to post responses no later than the day after questions are received.

The CLab shall not be bound by any information, explanation, clarification, or any interpretation, oral or written, by whosoever made, that is not incorporated into an addendum to the Bidding Documents.

17. INTERVIEWS (If Required)

Interviews if required will be held on April 30, 2025 at 2:00 PM EDT, at 310 Technology

Parkway, Peachtree Corners, Georgia 30092. At that time, the general requirements of the project will be discussed. Further questions and requirements of the project will be discussed at the interviews. Bidders will be allowed to ask questions. Oral answers to questions during the Pre-Bid Conference if held, will not be authoritative.

It should be emphasized, however, that nothing stated or discussed during the course of this interview shall be considered to modify, alter or change the requirements of the Bidding

Documents, unless it shall be subsequently incorporated into an addendum to the Bidding

Documents.

18. TIME FOR RECEIVING BIDS

Sealed Bids for this project will be received by designated staff of the Curiosity Lab – 310

Technology Parkway, Peachtree Corners, Georgia 30092, no later than 12:00 P.M. EST, (as verified by the Bureau of National Standards). ABSOLUTELY NO BIDS WILL BE

RECEIVED AFTER 12:00 P.M. EST. ON THE RESPECTIVE DATE. All Bids received by the time and date set forth will be opened publicly and read at 12:01 P.M., at the aforementioned address.

Bids received prior to the advertised hour of opening will be kept secured and sealed. The contracting officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered, except that when a Bid arrives by mail after the time fixed for opening, but before the reading of all other Bids is completed, and it is shown to the satisfaction of the CLab that the non-arrival on time was due solely to delay in the mail for which the Bidder was not responsible, such Bid will be received and considered.

19. BID MODIFICATION AND WITHDRAWAL

Bids may be modified after they have been submitted, but only before the Bid opening date and time. Modifications must be signed by the Bidder and must be received by the CLab no later than the Bid opening time and date. Modifications should not reveal the total Bid amount, but should identify the addition and subtraction or other modification in a manner in which the prices will not be known by the CLab until the sealed Bid is opened.

Bids may be withdrawn after they have been submitted, but only before the Bid opening date and time. Withdrawn bids may be resubmitted, but only in the manner in which the Bid was originally submitted. Withdrawals must be signed as stipulated above for modification. Bids may not be withdrawn between the Bid opening time and one hundred and eighty (180) calendar days thereafter, except as may be agreed upon by a written agreement between the

Bidder and the CLab.

20. BID EVALUATION

a. Each Bid timely received and in the CLab's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of ninety (90) calendar days after the Bid opening and will not be withdrawn or modified during that time. The CLab may accept any Bid by giving the Bidder

Written Notice of acceptance during that time. If necessary, the period of time specified may be extended by written agreement between the CLab and the Bidder or Bidders concerned.

b. After the Bids have been opened and before any award is made, the CLab will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, financial data, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the

Agreement satisfactorily.

c. All extension of the unit prices shown and the subsequent addition of extended amounts may be verified by the CLab. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the

Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern.

d. Bidder may be required to submit, in writing, the addresses of any proposed

Subcontractors or equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The CLab reserves the right to disapprove any proposed

Subcontractor or equipment manufacturers whose technical or financial ability or resources or whose experience are deemed inadequate.

e. The CLab reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the CLab. Where only a single responsible and responsive Bid is received, the CLab may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole

Bidder shall be solely within the CLab’s discretion and not dependent upon performance of a price or cost analysis.

f. Bids will be evaluated on the basis of determining the lowest Bid total of a Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding

Documents relating thereto. Any Bid may be rejected if it is determined by the

CLab to be non-responsive, provided, however, that the CLab reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public. Furthermore, any

Bid may be rejected if it is determined by the CLab, in its sole discretion, that the bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination.

Additionally, the CLab reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s).

g. The CLab intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. In addition, the CLab reserves the right to reject any and/or all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so.

h. A Pre-award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents.

21. AWARD CRITERIA

Award will be made after evaluating the prices, responsiveness and responsibility of each

Bidder.

a. The responsiveness of a Bidder is determined by the following:

1. A timely and effective delivery of all services, materials, documents, and/or other information required by the CLab;

2. The completeness of all material, documents and/or information required by the CLab; and

3. The notification of the CLab of methods, services, supplies and/or equipment that could reduce cost or increase quality.

b. The responsibility of a Bidder is determined by the following:

1. The ability, capaCLab and skill of the Bidder to perform the Agreement or provide the Work required;

2. The capability of the Bidder to perform the Agreement or provide the

Work promptly, or within the time specified without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the Bidders;

4. The quality of performance of previous contracts or work;

5. The previous existing compliance by the Bidder with laws and ordinances relating to the Agreement or Work;

6. The sufficiency of the financial resources and ability of the Bidder to perform Agreement or provide the Work;

7. The quality, availability and adaptability of the supplies or contractual

Work to the particular use required; and

8. The successful Bidder shall assume full responsibility for the conduct of his agents and/or employees during the time such agents or employees are on the premises for the purpose of performing the Work herein specified.

22. SURETY BONDS

Regarding submission of surety bonds prior to or subsequent to the Bid submission, the following requirements pertain:

a. Any surety bond submitted in accordance with the Bid or Agreement requirements must be issued by a corporate surety company satisfactory to the

CLab and authorized to act as such in the State of Georgia;

b. Such bonds shall conform to the forms provided with the Bid Documents and be completed in accordance with the instructions thereon; and

c. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful Bidder, each in an amount not less than the total amount payable under the Agreement.

The performance bond shall remain in effect at least for two (2) years after final acceptance of the Work or the guaranty period under the Agreement, whichever is the larger. The required performance bond form is attached to the required contract for the Project.

The payment bond shall remain in effect for the period required under Georgia law for the payment bonds on public construction agreements. Reference is made to the bond forms and the Agreement Documents for additional particulars of the terms required in the bonds. In the case of any inconsistency between the Bond Forms and Georgia law, the law shall control. Finally, alterations, extension of the time allowed for performance, extra and additional Work, and other changes authorized under the Agreement may be made without notice to or consent of the surety or sureties. The required payment bond form is attached to the required contract for the Project.

23. POWER OF ATTORNEY

Attorneys-in-fact who sign agreement bonds must file with each bond a certified copy of their power of attorney with the appropriate effective date.

24. INSURANCE REQUIREMENTS

The Contractor shall procure and maintain during the life of this Agreement, Workmen's

Compensation, Public Liability, Property Damage, Automobile Liability insurance and any other insurance necessary to satisfy the requirements of the Agreement Documents.

25. AGREEMENT TERMS

Contractor shall commence the Work within ten (10) calendar days after receipt of Notice to

Proceed. Contractor shall achieve Substantial Completion and Final Completion of the

Services required by a Work Order within the times set forth in the Executed Agreement.

The term of this contract shall be 120 days for Substantial Completion and 30 additional days to Final Completion.

26. EXECUTION OF AGREEMENT

Subsequent to the award and within fifteen (15) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the CLab four (4) copies of the CLab-Contractor Agreement which shall be in the form shown attached as Exhibit A to these Bid Instructions and provide performance and payment bonds and insurance certificates at the same time. The failure of the successful Bidder to execute the CLab-

Contractor Agreement and to supply the required bonds within fifteen (15) days after the prescribed forms are presented for signature, or within such extended period as the CLab may grant, based upon reasons determined sufficient by the CLab, shall constitute a default, and the Bidder shall forfeit the Bid Bond and the CLab may either award the Agreement to the next lowest responsive Bidder or re-advertise for Bids, and may proceed against the bid bond of the defaulted Bidder. If a more favorable Bid is received by readvertising, the defaulting Bidder shall have no claim against the CLab for a refund.

27. PRE-CONSTRUCTION CONFERENCE

A pre-construction conference may be held with the successful Bidder and all known

Subcontractors at a time and place set by the CLab.

28. ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT

Each Bidder must complete and submit a Contractor’s Affidavit in compliance with the

Illegal Immigration Reform and Enforcement Act with its bid. The Bidder must provide with its proposal proof of its registration with and continuing and future participation in the E-

Verify Program established by the United States Department of Homeland Security. Under state law, the CLab cannot consider any proposal which does not include a complete

Contractor’s Affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Illegal Immigration Reform and Enforcement Act. All bidders/proponents intending to do business with the CLab are responsible for independently apprising themselves and complying with the requirements of that law and its effect on CLab procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: https://e-verify.uscis.gov/enroll.

+ + + END OF INSTRUCTIONS TO BIDDERS + + +

https://e-verify.uscis.gov/enroll.

https://e-verify.uscis.gov/enroll.

https://e-verify.uscis.gov/enroll.

https://e-verify.uscis.gov/enroll.

EXHIBIT A

(To Bid Instructions)

BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT WE (Contractor) as Principal, hereinafter called the Principal, and (Surety) _____________________________, a corporation duly organized under the laws of the State of ______________________ as Surety, hereinafter called the Surety, are held and firmly bound unto

(Insert full name, address, and legal title of Owner) as Obligee, hereinafter called Obligee, in the sum of __________________Dollars ( ), or

___________ (__ %) percent of the amount bid, whichever is less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for

(Insert name, address, and description of project)

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this ______ day of ________________ , 2______.

(Principal)

By: ___________________________ (Witness) (Title)

(Surety)

By: _______ (Witness) (Title)

EXHIBIT B

(To Bid Instructions)

Contract

With the CLab

CONSTRUCTION AGREEMENT

THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into effective this day of _______, 2025, (the “Effective Date”) by and between THE CURIOSITY LAB AT

PEACHTREE CORNERS (“Owner” or the “CLab”), and ___________________

(“Contractor”). CLab and Contractor may be collectively referred to as the “Parties” or individually as a “Party” as may apply.

The CLab and Contractor agree as follows:

1. DEFINITIONS

1.1 The following term has this meaning assigned:

“Agreement Documents” means this Agreement and its Exhibits, Appendices, Change Orders, Documentation, Drawings, and Specifications, including:

1. Construction Agreement

2. Exhibit A- General Scope of Work

3. Exhibit B- General Conditions (including the Definitions)

4. Appendix A- Insurance

5. Appendix B – Bonding Requirements

6. Appendix C - Drawings

7. Appendix D - Specifications

These documents are incorporated into the Construction Agreement as if fully set forth therein.

If there is any conflict between any of the Agreement Documents, precedence shall be given in the above order.1

2. SCOPE OF WORK

The CLab shall obtain from Contractor the Work described in the attached Exhibit A, General Scope of Work, Appendix B, Drawings and Appendix C, Specifications of this Agreement, and as further described in Change Orders that may be executed from time to time between the Parties.

3. COMPENSATION

The Total Sum of payments by CLab under this Agreement shall not exceed _____________________________Dollars ($________________).

4. TERMS OF PAYMENT

4.1 Payment to the Contractor will be made to the Contractor upon monthly pay applications identifying upon an AIA Form 702 and 703, the Schedule of Values and the percentage of Work completed by line items; the pay applications must be executed by the Contractor upon these forms under oath and submitted to the CLab in electronic form by the 25th of each month for the work completed in the preceding month since the last submitted pay applications. Contractor’s interim and final releases of lien and bond rights (as applicable) shall be attached. Subject to the CLab’s right to offset payment and its rights to withhold payment set forth in Section 4.3, payment to Contractor will be made, less applicable retention, within thirty (30) days of receipt of all supporting Documentation required by the Agreement Documents.

4.2 This Section 4 completely supersedes the Georgia Prompt Pay Act as it relates to Owner payments and any modifications or successors to the Georgia Prompt Pay Act to the fullest extent allowed by law. Contractor acknowledges and agrees that payment shall be in accordance with the provisions of this Agreement and expressly waives its right to assert entitlement under O.C.G.A. § 13-1-11, et. Seq. to the full extent permitted by law.

4.3 The CLab may decline to approve payment and may withhold any payment, in whole or in part because of: (a) defective work not remedied; (b) the work is not completed to the degree asserted by the Contractor in the pay application; (c) third party claims filed or reasonable evidence indicating probable filing of such claims; (d) failure of Contractor to promptly make payments to sub-tier contractors; (e) reasonable evidence that the Work cannot be completed for the Total Sum; (f) reasonable evidence that the Work will not be completed within the time required by this Agreement; (g) failure to carry out the Work in accordance with the requirements of the Agreement Documents; (h) failure to comply with the insurance and bonding requirements of the Agreement Documents; (i) Contractor’s insolvency or reasonable evidence that Contractor fails to pay its debts as they come due;

(j) liquidated damages due in accordance with Article 9; or (k) a material failure of Contractor to comply with the requirements of the Agreement Documents. No full or partial payment of any invoice or any use of Work constitutes acceptance of any Work.

4.4 Any disputes concerning payment shall be resolved in accordance with Section 14.

5. CONTRACTOR’S ACCOUNTING RECORDS AND THE CLAB’S RIGHT

OF AUDIT

The CLab shall be afforded reasonable access to Contractor’s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, memoranda, records of delivered quantities, daily reports, job cost reports, and such other data relating to this Agreement during normal business hours at the location where such documents are stored by Contractor. The Contractor shall preserve all such related documentation for a period of three (3) years after the expiration of the Term. The CLab shall have the right to audit the books and records related to this Agreement at any time.

Contractor shall provide access to its books and records associated with this Agreement within 72 hours of the CLab’s provision of written notice to Contractor.

6. OBLIGATIONS OF THE CONTRACTOR

6.1 Contractor will perform all Work in a timely, professional and workmanlike manner, consistent with the Standard defined in Section 6.2. Contractor shall not be deemed to be an agent of the CLab for any purpose but shall in all events be an independent contractor exercising control over its Work and the manner in which they are performed

6.2 Contractor will perform Work under this Agreement with the highest degree of skill and diligence normally practiced by contractors performing the same or similar services as are being performed by Contractor under this Agreement and in accordance with all applicable federal, state, local laws, ordinances, rules, regulations, and lawful orders. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and shall coordinate all portions of the Work under the Agreement Documents.

6.3 Contractor shall enforce strict discipline and good order among Contractor’s employees and sub-tier contractors. The CLab may, after provision of written notice to Contractor, require Contractor to remove from the Work any employee the CLab deems incompetent, unprofessional, or otherwise objectionable, including any employee of Contractor’s sub-tier contractors.

6.4 Unless otherwise provided in the Agreement Documents, Contractor shall secure and will provide all permits (including permits from the CLab), licenses, and other applicable legal documents required for Contractor’s performance of the Work required by the Agreement Documents. In no event will Contractor’s failure to timely secure permits, licenses, and/or other applicable legal documents serve as a basis for a Claim under this Agreement.

6.5 Key Personnel and Key Subcontractors. The following persons/firms are identified by the Contractor as its key personnel that will provide the Work required by the Agreement Documents:

6.5.1 Contractor shall not transfer, reassign or replace Key Personnel and/or Key Subcontractors, except as the result of retirement, voluntary resignation, involuntary termination for cause in Contractor’s sole discretion, illness, disability, or death, during the term of this Agreement without the prior written approval from the CLab.

6.6 Suspension of the Work. The CLab may, by written notice to Contractor, suspend at any time the performance of any or all of the Work to be performed under this Agreement.

Contractor shall be entitled to request an extension of time pursuant to Section 8 in the event the CLab issues a suspension notice per this Section 6.7. Unless the suspension notice directs otherwise, upon receipt of a suspension notice Contractor must:

6.6.1 immediately discontinue suspended Work on the date and to the extent specified in the notice;

6.6.2 place no further orders or subcontracts for materials, services or facilities with respect to suspended Work, other than to the extent required in the notice;

and

6.6.3 take any other reasonable steps to minimize costs associated with the suspension.

6.7 The CLab shall designate to the Contractor in writing a representative(s) (“CLab Representative”) who shall serve as the single-point of communication.

6.8 Contractor shall diligently perform the Work notwithstanding any disputes or disagreements with CLab. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CLab may otherwise direct pursuant to this Agreement.

6.9 Except as otherwise expressly provided in this Agreement, all Drawings, Documentation, reports, information, data, specifications, computer programs, technical reports, operating manuals and similar work or other documents, all deliverables, and other work product prepared or authored by Contractor or any of its sub-tier contractors exclusively for the CLab under this Agreement, and all intellectual property rights associated with the foregoing items (collectively, the “Work Product”) shall be and remain the sole and exclusive property of the CLab. Any of Contractor’s or its sub-tier contractors’ works of authorship comprised within the Work Product (whether created alone or in concert with CLab or a third party) shall be deemed to be “works made for hire” and made in the course of Work rendered and, whether pursuant to the provisions of Section 101 of the U.S. Copyright Act or other applicable law, such Work Product shall belong exclusively to CLab. Contractor and its sub-tier contractors grant the CLab a nonexclusive, irrevocable, global, perpetual, transferable, fully paid up, royalty free license to all Work Product not exclusively developed for CLab under this Agreement.

6.10 Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (a) all employees performing the Work and all other persons who may be affected thereby; (b) all the Work and materials to be incorporated therein, whether in storage or not, under the care, custody, or control of Contractor or any of Contractor's sub-tier contractors; (c) other property at the site where the Work is being performed or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and (d) the work of the CLab or other separate contractors. The Contractor and its Subcontractors shall at all times remain solely and only responsible for safety at the Project site.

6.10.1 Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.

6.10.2 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.

6.10.3 Contractor shall promptly remedy all damage or loss to any property caused in whole or in part by Contractor, any subcontractor, any sub-tier contractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damage or loss attributable solely to the acts or omissions of the CLab and not attributable to the fault or negligence of Contractor. The foregoing obligations of Contractor are in addition to Contractor's obligations under Section 7 and Exhibit A or other provisions of the Agreement Documents.

Contractor shall protect all Work, including but not limited to, excavations and trenches, from rain water, surface water, and backup of drains and sewers. Contractor shall furnish all labor, pumps, shoring, enclosures, and equipment necessary to protect and keep the Work free of water.

6.10.4 The provisions, terms and conditions of this Section 6 are in no way intended to limit the general requirements or the applicability of laws relating to Work conditions, safety or accident prevention and no specific provision or combination of specific provisions in any provision of Section 6 or in any other parts of the Agreement Documents shall be deemed to limit the obligations or responsibility of Contractor contained in general provisions with respect thereto or in laws, statutes, acts, rules or regulations which are applicable to Contractor but which are not specifically referred to in any part of the Agreement Documents.

7. INSURANCE AND BONDING

The Contractor shall procure and maintain, at its own cost, during the term of this Agreement the Insurance required by Appendix A and Bonds Required by Appendix B.

8. CHANGES AND CLAIMS

8.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work required by this Agreement or the time required for performance of the…