INVITATION TO BID DUNKIN DONUTS PC# Fort Campbell Blvd. Hopkinsville, KY

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1 INVITATION TO BID DUNKIN DONUTS PC# Fort Campbell Blvd. Hopkinsville, KY PART I - GENERAL INVITATION: Bid is by invitation of the Owner ONLY. The Contact is as follows: Architect: Owner: Edwards + Hotchkiss Architects, P.C. Two Brentwood Commons 750 Old Hickory Blvd., Suite 250 Brentwood, TN P: F: E: roywilliams@eandharch.com Contact: Roy Williams Capital Brands Group, Inc. Contact: Ray Omar The Architect will receive sealed proposals from his invited bidders at the above stated location until 4pm C.D.T. Friday, April 20, Facsimiled and copies received at bid time are acceptable provided originals are received by Edwards + Hotchkiss Architects, P.C. within 24 consecutive hours after bid date. It is the responsibility of the bidders to ensure that their documents have been received at the Architects office listed above. 1.2 CONTRACT DOCUMENTS: Reserved Invited Bidders shall receive one (1) electronic set of construction documents in PDF format. It is included in this bid package Reserved. 1.3 BID PROPOSAL REQUIREMENTS: All bids must be submitted on the attached Bid Form, both a hard copy and an electronic copy Reserved The Owner reserves the right to reject any and all Proposals, to waive formalities and irregularities, and to award the Contract for Construction, if at all, in the sole interest of the Owner The bids shall remain in force Thirty (30) days after the time of opening.

2 PART I - GENERAL INSTRUCTION TO BIDDERS DUNKIN DONUTS PC# Fort Campbell Blvd. Hopkinsville, KY DEFINITIONS: Bid Documents include the Instructions to Bidders, The Bid Form, other sample bidding and contract forms, and proposed Contract Documents including any addenda issued prior to receipt of bids All definitions set forth in the General Conditions of the Contract for Construction, (AIA Document A201, 1997); Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum (AIA Document A101, 1997); and in other construction document provided by the Owner are applicable to the Bidding Documents Addenda are written or graphic instruments are issued by the Project Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by addition, deletion, clarification, or correction. Addenda will be issued to the invited Bidders ONLY. The invited bidders shall be responsible for distributing addenda to subcontractors, suppliers, and others Base Bid is the sum in the bid for which the Bidder offers to perform all of the Work described in the construction documents which are provided the invited bidders and which are available for inspection and pricing. Work may be added to or deleted from the Base Bid via Additive or Deductive Alternates The Project Architect is as follows: Edwards + Hotchkiss Architects, P.C. Two Brentwood Commons 750 Old Hickory Blvd., Suite 250 Brentwood, TN P: F: E: roywilliams@eandharch.com Contact: Roy Williams 1.2 BIDDING DOCUMENTS: Construction drawings may be printed as necessary for pricing or as otherwise provided herein. 1.3 EXAMINATION: Bidders shall carefully examine the documents and the construction site and obtain first-hand knowledge of existing conditions. 1.4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS: Bidders shall promptly notify the Project Architect of any ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents or of the site and local conditions.

3 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request to the Architect to reach him/her at least prior to 2PM CDT, Wednesday, April 18, is the preferred method of communication Any interpretation, correction, or change of the Bidding Documents will be made by addendum. No oral classification will be made If a substitution is acceptable, such acceptance will be set forth in writing via Addendum. 1.5 BASIS OF AWARD Each Bid must be submitted on the prescribed form and indicate the bid prices thereon in proper spaces, for the entire work and for alternates. Any erasure or other correction in the bid may be explained or noted over the signature of the Bidder. Bids containing any conditions, items not called for, or irregularities of any kind may be rejected at the sole discretion of the Owner Each Bid must give the full business address of the Bidder and state whether he is an individual, corporation or partnership Bids by a corporation must be signed with the legal name and seal of the corporation followed by the name of the state of its incorporation, and the manual signature and designation of an officer, agent, or other person authorized to bind the corporation Bids by partnerships shall show the names of all partners and must be signed in the partnership name by one of the partners. The partnership signature shall be followed by the manual signature of the partner signing In every case, the name of the person signing and his designation shall be typed or printed below his signature. A person who affixes to his signature the word "President", "Secretary', "Agent", or other designation without disclosing his principal may be held individually responsible for such bid. Satisfactory evidence of the authority of an officer, agent, attorney, or other person signing for a corporation and agent, attorney, or other person signing for a partnership or individual shall be furnished Each Bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, and the name of the project for which the Bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the Bid Form. 1.6 BID MODIFICATION: Bid modification will be accepted from bidders if received prior to the opening of bids. 1.7 BID WITHDRAWAL: Bids may be withdrawn on written, telephone, or request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the Bid after it has been opened. 1.8 QUALIFICATION OF BIDDER: The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for the purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Bids will not be accepted enclosed in another envelope addressed as specified in the Bid Form.

4 1.9 TIME OF COMPLETION AND LIQUIDATED DAMAGES: The Contractor shall achieve substantial completion of the entire Work on or before a date mutually agreed upon with the Owner. This completion date is contingent on the permit review process and date of permit obtainment The Contractor shall allow the Owner and the Project Architect, including their representatives five (5) consecutive working days to respond to requests for inspection of the Punch Lists items. The request shall be in writing WORKING HOURS: The Contractor shall be responsible for determining his own means and methods of performing the Work, including establishing working hours SECURITY: The Contractor shall be responsible for maintaining security, and the Contractor shall be responsible for the replacement or repair of items and/or equipment stolen, lost, or damaged while the building security is under the care of the Contractor. The Contractor shall be responsible for having a job superintendent present whenever subcontractors are working in connection with the Contractor's basic contract SPECIAL POLICY AND PROCEDURES: BUILDING AND SITE IMPROVEMENT RELATED PERMITS: The contractor shall be responsible for obtaining and purchasing all required permits.

5 BID FORM DUNKIN DONUTS PC# Fort Campbell Blvd. Hopkinsville, KY (May be reprinted on Contractor's letterhead) To the Owner: The Bidder, in compliance with your invitation for bids for the construction of: (name of Project and location), and having carefully examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials, labor, and supplies; we hereby propose to furnish all labor, materials, tools, and equipment, machinery, equipment rental, transportation, superintendent; and to perform all work; provide all services, and to construct the project in accordance with the Contract Documents; within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents. In submitting this bid, I agree: 1) To hold my bid open for thirty (30) days from the bid due date. 2) To enter into and execute a Contract, if awarded on the basis of this bid, and to furnish all insurance, including but not limited to Builder s Risk. 3) To accomplish the work in accordance with the Contract Documents. 4) The successful bidder (the Contractor ) agrees to cooperate fully and completely with Tenant s forces during performance of the Work. (See also AIA General Conditions for additional guidance). 5) To provide an itemized breakdown of the work on the Summary Sheets provided by the Architect. 6) To achieve Substantial Completion on or before a date to be mutually agreed upon with the Owner. (The Term Substantial Completion shall be as set forth in the AIA Document A General Conditions). 7) To provide to the Owner and Architect a detailed construction schedule within 3 days of the awarding of the contract for construction. The bidder agrees, if awarded the contract, to complete all of the Work described in the Construction documents for the sum of ($ ) Very truly yours, Firm: We operate as Individual Owner ( ) By:

6 Partnership ( ) Title: Date: We acknowledge receipt of the following addenda (inset number, date received, and number of pages): Witnesses: