ITB26-04 Mt Vernon Rd Multi-Use Trail

THE CITY OF DUNWOODY, GEORGIA
DEPARTMENT OF PUBLIC WORKS
OFFICIAL BID DOCUMENTS
MT VERNON RD MULTI-USE TRAIL
ITB 26-04
BID OPENING DATE:
2:00 PM, May 28, 2026

ITB 26-04
The City of Dunwoody is soliciting competitive sealed bids from qualified contractors for the MT
VERNON RD MULTI-USE TRAIL project for the Department of Public Works.
Bids should be typed or submitted in ink and returned in a sealed container marked on the outside with
the ITB number and Company Name. Bids will be received until 2:00 P.M. local time on May 28, 2026
at the City of Dunwoody, 4800 Ashford Dunwoody Rd, Dunwoody, GA 30338. Any bid received after
this date and time will not be accepted. Bids will be publicly opened and read at 2:05 P.M. Apparent
bid results will be available the following business day on our website www.dunwoodyga.gov.
A Pre-Bid Conference will be held at 2:00 p.m. on Thursday, May 14, 2026 at the City of Dunwoody
City Hall, 4800 Ashford Dunwoody Rd, Dunwoody, GA 30338. The conference will include a review
of the Bid Documents, and a question-and-answer period. Attendance at the Pre-Bid Conference is
highly recommended. Bidders are expected to be familiar with the Bid Documents and to provide the
City with any questions regarding the Bid Documents at the Pre-Bid conference or by the deadline for
questions to be submitted.
Questions regarding bids should be directed to John Gates, Purchasing Manager, at
purchasing@dunwoodyga.gov no later than close of business on Thursday, May 21, 2026. Bids are
legal and binding upon the bidder when submitted. All bids should be submitted in duplicate.
The written bid documents supersede any verbal or written prior communications between the Parties.
If a contract is awarded, it will be made to the lowest reliable bidder whose base bid proposal shall
have met all of the prescribed requirements. The City reserves the right to reject any or all bids, to waive
technicalities and to make an award deemed in its best interest. The low bid will be determined based
on the sum of the base bid and any alternates selected by the City.
All companies submitting a bid will be notified in writing of award. We look forward to your bid and
appreciate your interest in the City of Dunwoody.
John Gates
Purchasing Manager
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TABLE OF CONTENTS
SECTION TITLE
0010 Table of Contents
0050 Project Directory
0100 Bid Instructions
0150 Bid Checklist
0200 Bonding and Insurance Requirements
0250 Scope of Work
0300 General Notes
0350 Bid Schedule
0400 Bid Bond
0450 Affidavits
0500 Qualifications Signature and Certification
0550 Statement of Bidders Qualifications and References
0600 Corporate Certificate
0650 Subcontractor Listing
0700 Statement of Equipment
0750 Sample Contract
0800 General Conditions
0850 Special Conditions
0875 Special Provision
1000 Payment Bond
1050 Performance Bond
1100 Maintenance Bond

PROJECT DIRECTORY
The City of Dunwoody, Georgia
ITB 26-04: MT VERNON RD MULTI-USE TRAIL
OWNER The City of Dunwoody, Georgia
4800 Ashford Dunwoody Rd
Dunwoody, GA 30338
(678)-382-6700
Mayor Lynn P. Deutsch
City Manager Eric Linton
Associated Public Works
Department Michael Smith, P.E. Director
Design Southeastern Engineering, Inc (SEI)
Consultant Scott Jordan, P.E.
Section 0050
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BID INSTRUCTIONS
ITB 26-04: MT VERNON RD MULTI-USE TRAIL
CITY OF DUNWOODY
DEPARTMENT OF FINANCE AND ADMINISTRATION - PURCHASING DIVISION
GENERAL INSTRUCTIONS FOR BIDDERS
These Instructions will apply unless a particular item is specifically addressed in the solicitation document or not
relevant to the particular type of good or service.
1. PREPARATION OF BIDS:
A. Each bidder shall examine the drawings, specifications, schedule and all instructions. Failure to
do so will be at the bidder's risk, as the bidder will be held accountable for their bid response.
B. Each bidder shall furnish all information required by the bid form or document. Each bidder shall
sign the bid and print or type his or her name on the schedule. The person signing the bid must
initial erasures or other changes. An authorized agent of the company must sign bids.
C. Individuals, firms and businesses seeking an award of a City of Dunwoody contract may not
initiate or continue any verbal or written communications regarding a solicitation with any City
officer, elected official, employee or other City representative without the permission of Purchasing
between the date of the issuance of the solicitation and the date of the final contract award.
Violations will be reviewed by the Purchasing Manager. If determined that such communication
has compromised the competitive process, the offer submitted by the individual, firm or business
may be disqualified from consideration for award.
2. BID TIME TABLE. The anticipated schedule for the bid process is as follows:
Bid Documents Posted ............................................... Thursday, April 30, 2026
Pre-Bid Conference ..................................................... 2:00 PM, Thursday, May 14, 2026
Deadline for submission of questions ..................... 5:00 PM, Thursday May 21, 2026
Deadline for submission of Bid ............................... 2:00 PM, Thursday, May 28, 2026
Bids Valid Until............................ ..................... Tuesday November 24, 2026
3. EXPLANATION TO BIDDERS:
Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids,
drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation
in order for a reply to reach all bidders before the close of bid. Any information given to a prospective
bidder concerning an invitation for bid will be furnished to all prospective bidders as an addendum to
the invitation if such information is necessary or if the lack of such information would be prejudicial to
uninformed bidders. The written bid documents supersede any verbal or written communications
between Parties. Receipt of addendum should be acknowledged in the bid. Although Purchasing will
make every effort to send any addendum to known bidders, it is the bidder's ultimate responsibility to
ensure that they have all applicable addenda prior to bid submittal. This may be accomplished via
contact with Purchasing prior to bid submittal.
4. SUBMISSION OF BIDS:
A. Bids shall be enclosed in sealed envelopes, addressed to the City of Dunwoody Purchasing Office
with the name of the bidder, the date and hour of opening and the invitation to bid number on the
face of the envelope. Telegraphic/faxed bids will not be considered. Any addenda should be
enclosed in the sealed envelopes as well.
B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and
will be applied to the lump sum amount. Amount shall be clearly stated and should be initialed
by an authorized company representative.
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C. Samples of items, when required, must be submitted within the time specified and, unless
otherwise specified by the City, at no expense to the City. Unless otherwise specified, samples will
be returned at the bidder's request and expense if items are not destroyed by testing.
D. Items offered must meet required specifications and must be of a quality, which will adequately
serve the use and purpose for which intended.
E. Full identification of each item bid upon, including brand name, model, catalog number, etc. must
be furnished to identify exactly what the bidder is offering. Manufacturer's literature may be
furnished.
F. The bidder must certify that items to be furnished are new and that the quality has not deteriorated
so as to impair its usefulness.
G. Unsigned bids will not be considered except in cases where bid is enclosed with other documents,
which have been signed. The City will determine this.
H. The City of Dunwoody is exempt from federal excise tax and Georgia sales tax with regard to goods
and services purchased directly by the City. Suppliers and contractors are responsible for federal
excise tax and sales tax, including taxes for materials incorporated into City construction projects.
Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional
information.
I. Information submitted by a bidder in the bidding process shall be subject to disclosure after the
public opening in accordance with the Georgia Open Records Act. Each page of proprietary
information must be identified. Entire bid may not be deemed proprietary.
5. WITHDRAWAL OF BID DUE TO ERRORS:
A. The Bidder shall give notice in writing of his claim of right to withdraw his bid without penalty due
to an error within two (2) business days after the conclusion of the bid opening procedure. Bids
may be withdrawn from consideration if the price was substantially lower than the other bids due
solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a
clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional
arithmetic error or an unintentional omission of a quantity of work, labor or material made directly
in the compilation of the bid, which unintentional arithmetic error or unintentional omission can
be clearly shown by objective evidence drawn from inspection of original work papers, documents
and material used in the preparation of the bid sought to be withdrawn. The bidder's original
work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his
bid. If a bid is withdrawn under the authority of this provision, the lowest remaining responsive
bid shall be deemed to be low bid.
B. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or
labor or perform any subcontract or other work agreement for the person or firm to whom the
contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project
for which the withdrawn bid was submitted.
C. The Bidder has up to forty-eight (48) hours to notify Purchasing of an obvious clerical error made
in calculation of bid in order to withdraw a bid after bid opening. Withdrawal of bid for this reason
must be done in writing within the forty-eight (48) hour period. Bidders who fail to request
withdrawal of bid by the required forty-eight (48) hours shall automatically forfeit bid bond. Bid
may not be withdrawn otherwise.
D. Bid withdrawal is not automatically granted and will be allowed solely at the City of Dunwoody's
discretion.
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6. TESTING AND INSPECTION:
Since tests may require several days for completion, the City reserves the right to use a portion of any
supplies before the results of the tests are determined. Cost of inspections and tests of any item, which
fails to meet the specifications, shall be borne by the bidder.
7. F.O.B. POINT:
Unless otherwise stated in the invitation to bid and any resulting contract, or unless qualified by the
bidder, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of
transportation, including the filing for loss or damages. The invoice covering the items is not payable
until items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause
states otherwise, the seller assumes transportation and related charges either by payment or allowance.
8. PATENT INDEMNITY:
The contractor guarantees to hold the City, its agents, officers or employees harmless from liability of
any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented
or unpatented invention, articles or appliances furnished or used in the performance of the contract,
for which the contractor is not the patentee, assignee or licensee.
9. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED):
A five percent (5%) bid bond is required for this Bid. The bidder will be required to provide a one
hundred percent (100%) performance bond, and a one hundred percent (100%) payment bond, to be
furnished to the City of Dunwoody for any awarded bid as required in bid package or document.
Failure to submit appropriate bonding will result in automatic rejection of bid. Bonding company must
be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the
Department of the Treasury's publication of companies holding certificates of authority as acceptable
surety on Federal bonds and as acceptable reinsuring companies, and have an A.M. Best rating as stated
in the insurance requirement of the solicitation.
10. AWARD:
A. Award will be made to the lowest responsive and responsible bidder. The quality of the articles to
be supplied, their conformity with the specifications, their suitability to the requirements of the
City, and the delivery terms will be taken into consideration in making the award. The City may
make such investigations as it deems necessary to determine the ability of the bidder to perform,
and the bidder shall furnish to the City all such information and data for this purpose as the City
may request. The City reserves the right to reject any bid if the evidence submitted by, or
investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry
out the obligations of the contract.
B. The City reserves the right to reject or accept any or all bids and to waive technicalities,
informalities and minor irregularities in bids received.
C. The City reserves the right to make an award as deemed in its best interest, which may include
awarding a bid to a single bidder or multiple bidders; or to award the whole bid, only part of the
bid, or none of the bid to single or multiple bidders, based on its sole discretion of its best interest.
11. DELIVERY FAILURES:
Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by
the Purchasing Manager, or failure to make replacement of rejected articles/services when so
requested, immediately or as directed by the Purchasing Manager, shall constitute authority for the
Purchasing Manager to purchase in the open market articles/services of comparable grade to replace
the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse
the City within a reasonable time specified by the Purchasing Manager for any expense incurred in
excess of contract prices, or the City shall have the right to deduct such amount from monies owed the
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defaulting contractor. Alternatively, the City may penalize the contractor one percent (1%) per day for
a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity
demand it, the City reserves the right to use or consume articles delivered which are substandard in
quality, subject to an adjustment in price to be determined by the Purchasing Manager.
12. CITY FURNISHED PROPERTY:
No material, labor or facilities will be furnished by the City unless so provided in the invitation to bid.
13. REJECTION AND WITHDRAWAL OF BIDS:
Failure to observe any of the instructions or conditions in this invitation to bid may constitute grounds
for rejection of bid.
14. CONTRACT:
A. Each bid is received with the understanding that the acceptance in writing by the City of the offer
to furnish any or all of the commodities or services described therein shall constitute a contract
between the bidder and the City which shall bind the bidder on his part to furnish and deliver the
articles quoted at the prices stated in accordance with the conditions of said accepted bid. The City,
on its part, may order from such contractor, except for cause beyond reasonable control, and to pay
for, at the agreed prices, all articles specified and delivered.
B. It is understood that the bidder has reviewed the contract documents with the understanding that
the City of Dunwoody requires that all agreements between the parties must be entered into via
this document. If any exceptions are taken to any part, each must be stated in detail and submitted
as part of the bid. If no exceptions are stated, it is assumed that the bidder fully agrees to the
provisions contained in the "Sample Contract" in its entirety.
C. When the contractor has performed in accordance with the provisions of this agreement, the City
of Dunwoody shall pay to the contractor, within thirty (30) days of receipt of any department
approved payment request and based upon work completed or service provided pursuant to the
contract, the sum so requested, less the retainage stated in this agreement, if any.
15. NON-COLLUSION:
Bidder declares that the bid is not made in connection with any other bidder submitting a bid for the
same commodity or commodities, and that the bid is bona fide and is in all respects fair and without
collusion or fraud. An affidavit of non-collusion shall be executed by each bidder. Collusion and fraud
in bid preparation shall be reported to the State of Georgia Attorney General and the United States
Justice Department.
16. DEFAULT:
The contract may be canceled or annulled by the Purchasing Manager in whole or in part by written
notice of default to the contractor upon non-performance or violation of contract terms. An award may
be made to the next low responsive and responsible bidder, or articles specified may be purchased on
the open market similar to those so terminated. In either event, the defaulting contractor (or his surety)
shall be liable to the City for costs to the City in excess of the defaulted contract prices; provided,
however, that the contractor shall continue the performance of this contract to the extent not terminated
under the provisions of this clause. Failure of the contractor to deliver materials or services within the
time stipulated on his bid, unless extended in writing by the Purchasing Manager, shall constitute
contract default.
17. TERMINATION FOR CAUSE:
The City may terminate this agreement for cause upon ten days prior written notice to the contractor of the
contractor's default in the performance of any term of this agreement. Such termination shall be without
prejudice to any of the City's rights or remedies by law.
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18. TERMINATION FOR CONVENIENCE:
The City may terminate this agreement for its convenience at any time upon 30 days written notice to
the contractor. In the event of the City's termination of this agreement for convenience, the contractor
will be paid for those services actually performed. Partially completed performance of the agreement
will be compensated based upon a signed statement of completion to be submitted by the contractor,
which shall itemize each element of performance.
19. DISPUTES:
Except as otherwise provided in the contract documents, any dispute concerning a question of fact
arising under the contract which is not disposed of shall be decided after a hearing by the Purchasing
Manager, who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to
the contractor. The decision of the Purchasing Manager shall be final and binding; however, the
contractor shall have the right to appeal said decision to a court of competent jurisdiction.
20. SUBSTITUTIONS:
Bidders offering and quoting on substitutions or who are deviating from the attached specifications
shall list such deviations on a separate sheet to be submitted with their bid. The absence of such a
substitution list shall indicate that the bidder has taken no exception to the specifications contained
herein.
21. INELIGIBLE BIDDERS:
The City may choose not to accept the bid of a bidder who is in default on the payment of taxes, licenses
or other monies due to the City. Failure to respond to three (3) consecutive times for any given
commodity/service may result in removal from the supplier list under that commodity/service.
22. BUSINESS LICENSE:
Each successful bidder shall provide evidence of a valid City of Dunwoody business license if the
bidder maintains an office within the City of Dunwoody. Unincorporated, out of City, and out of State
bidders are required to provide evidence of a certificate to do business in any town, County or
municipality in the State of Georgia, or as otherwise required by City ordinance or resolution.
23. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS:
Alterations of City documents are strictly prohibited and will result in automatic disqualification of the
firm's solicitation response. If there are "exceptions" or comments to any of the solicitation
requirements or other language, then the firm may make notes to those areas, but may not materially
alter any document language.
24. TAX LIABILITY:
Local and state governmental entities must notify contractors of their use tax liability on public works
projects. Under Georgia law, private contractors are responsible for paying a use tax equal to the sales
tax rate on material and equipment purchased under a governmental exemption that is incorporated
into a government construction project: excluding material and equipment provided for the
installation, repair, or expansion of a public water, gas or sewer system when the property is installed
for general distribution purposes. To the extent the tangible personal property maintains its character
(for example the installation of a kitchen stove), it remains tax-exempt. However, if the installation
incorporates the tangible personal property into realty, e.g., the installation of sheetrock, it becomes
taxable to the private contractor.
See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63
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25. GENERAL CONTRACTORS LICENSE:
All General Contractors must have a current valid license from the State Licensing Board for
Residential and General Contractors, unless specifically exempted from holding such license pursuant
to Georgia law (O.C.G.A. Section 43-41-17).
26. INDEMNIFICATION:
To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify,
defend, satisfy all judgments, and hold harmless the City, the engineer, and their agents and employees
from and against all claims, damages, actions, judgments, costs, penalties, liabilities, losses and
expenses, including, but not limited to, attorney's fees arising out of or resulting from the performance
of the work, provided that any such claim, damage, action, judgment, cost, penalty, liability, loss or
expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is
caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless
whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge or otherwise reduce any of the rights or obligations of indemnity which
would otherwise exist as to any party or person described in this agreement. In any and all claims
against the City, the engineer, or any of their agents or employees by any employee of the Contractor,
any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts
any of them may be liable, the indemnification obligation contained herein shall not be limited in any
way by any limitation on the amount or type of damages, compensation, or benefits payable by or for
the Contractor or any subcontractor under Worker's Compensation Acts, disability benefit acts, or
other employee benefit acts.
27. ENVIRONMENTAL SUSTAINABILITY
The City of Dunwoody is committed to environmental sustainability. The City believes we have a
unique opportunity to further expand our leadership in the area of environmentally preferable
purchasing, and through our actions, elicit changes in the marketplace. By further incorporating
environmental considerations into public purchasing, the City of Dunwoody will positively impact
human health and the environment, remove unnecessary hazards from its operations, reduce costs and
liabilities, and improve the environmental quality of the region. As such the City encourages the
incorporation of environmental sustainability into proposals.
*DIRECTIONS TO DUNWOODY CITY HALL*
From I-285 take Exit 29 (Ashford-Dunwoody Rd.) and turn North. Turn left on Ashford Gables Drive. The
entrance to the parking lot for 4800 Ashford Dunwoody Rd is on the right. The City of Dunwoody offices
are on the second floor.
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