Appendix_A_for_Longleaf Dr W Brookhaven Dr _ .pdf

CITY OF ATLANTA

SUITE 5100

68 MITCHELL STREET

ATLANTA, GA 30303

(404) 330-6010 Fax: (404) 658-7359 Internet Home Page: www.atlantaga.gov

Andre Dickens

Mayor

OFFICE OF CONTRACT COMPLIANCE

Rocsean Spencer Director

RSpencer@atlantaga.gov

MEMORANDUM

TO:

Chandra Houston, Chief Procurement Officer

Department of Procurement

FROM:

Rocsean Spencer, Director

Mayor’s Office of Contract Compliance

RE:

Longleaf Dr, W. Brookhaven Dr & Terrace Dr. Resurfacing Northside

Resurfacing & Concrete Repairs (CID)

DATE:

09/25/2025

The EBO bid documents with project specific availability for Project No.: Longleaf Dr, W.

Brookhaven Dr & Terrace Dr. Resurfacing Northside Resurfacing & Concrete Repairs

(CID) are enclosed.

The entire OCC package, including both the standard and project specific EBO/EEO sections must be included in the bid documents. Please note that the enclosed package is solely for this project.

If there are questions, please contact me at (404) 330-6013, or Wendy Theodore at (404) 330-

6114.

cc: Gabrielle Williams, DOT

Natalie Heredia, OCC

Docusign Envelope ID: 9F7A6E69-DCF5-830A-8294-9BB6C5245A29 http://www.ci.atlanta.ga.us/

SUITE 5100

68 MITCHELL STREET

ATLANTA, GA 30303

(404) 330-6010 Fax: (404) 658-7359 Internet Home Page: www.atlantaga.gov

Andre Dickens

Mayor

OFFICE OF CONTRACT COMPLIANCE

Rocsean Spencer Director

Rspencer@atlantaga.gov

09/25/2025

RE: Longleaf Dr, W. Brookhaven Dr & Terrace Dr. Resurfacing Northside Resurfacing

& Concrete Repairs (CID)

Dear Prospective City of Atlanta Bidder:

The Office of Contract Compliance (OCC) information is an integral part of every eligible City of

Atlanta bid. All Bidders are required to make efforts to ensure that businesses are not discriminated against on the basis of their race, ethnicity, or gender, and to demonstrate compliance with these program requirements at or prior to the time of Bid opening, or upon request by OCC.

Bidders are required to ensure that prospective subcontractors, vendors, suppliers, and other potential participants are not denied opportunities to compete for work on a City contract on the basis of their race, ethnicity, or gender, and must afford all firms, including those owned by racial or ethnic minorities and women, opportunities to participate in the performance of the business of the City to the extent of their availability, capacity, and willingness to compete. Please read all of the information very carefully. Pay close attention to the specific goals for minority and female business enterprise participation for this project and the EBO program reminders listed on page 6.

If you have any questions about the information included in this section of the solicitation, please contact the City of Atlanta Office of Contract Compliance at (404) 330-6010.

The City of Atlanta looks forward to the opportunity to do business with your company.

http://www.ci.atlanta.ga.us/

TABLE OF CONTENTS

Policy Statement

Implementation of EBO Policy

Determination of Non-discrimination During Bid Process

OCC Review of Bidder Submissions

Equal Business Opportunity Program Bid RFP Submittals

Monitoring of EBO Policy

Implementation of EEO Policy

Monitoring of EEO Policy

Equal Business Opportunity M/FBE Goals for This Project

Equal Business Opportunity Program Reminders

Covenant of Non-discrimination (EBO-1)

EBO Subcontractor Contact Form (EBO-2) ...................................................................... 8-9

EBO Subcontractor Utilization Plan (EBO-3)

Letter of Intent .................................................................................................................. 11-12 i.

EQUAL BUSINESS OPPORTUNITY (EBO)

POLICY STATEMENT

It is the policy of the City of Atlanta to promote full and equal business opportunity for all persons doing business with the City. The City must ensure that firms seeking to participate in contracting and procurement activities with the City are not prevented from doing so on the basis of the race or gender of their owners. The City is committed to ensuring that it is not a passive participant in any private scheme of discrimination. To ensure that businesses are not discriminated against with regard to prime contracting, subcontracting or other partnering opportunities with the City, the City has developed an Equal Business Opportunity (EBO) Program. It is also the policy of the City of Atlanta to actively promote equal employment opportunities for minority and female workers and prohibit discrimination based upon race, religion, color, sex, national origin, marital status, physical handicap, or sexual orientation through the City's Equal Employment Opportunity (EEO) Program. The purpose of the Equal Business Opportunity and Equal Employment Opportunity Programs is to mitigate the present and ongoing effects of the past and present discrimination against women and minority owned businesses and women and minority workers so that opportunity, regardless of race or gender, will become institutionalized in the Atlanta marketplace. It is important to note that all bidders, without exception, including minority and female owned business enterprises, must comply with the City of

Atlanta's EBO and EEO Program requirements. Goals for minority and female business enterprises are set for this project on page 6.

Implementation of EBO Policy

The Office of Contract Compliance will review information submitted by Bidders pertaining to efforts to promote opportunities for diverse businesses, including M/FBEs, to compete for business as subcontractors and/or Suppliers. A Bidder is eligible to be further considered for award of a City contract upon a finding by

OCC that the Bidder has engaged in and provided with its bid submission documentation of efforts to ensure that its process of soliciting, evaluating, and awarding subcontracts, placing orders, and partnering with other companies has been non-discriminatory. To assist prime contractors in this effort, the Office of Contract

Compliance has set forth in this solicitation document the M/FBE goals within the relevant NAICS Codes, for this Project.

For subcontracting, the Subcontractor Project Plan must include all subcontractors (majority and minority owned) to be utilized on the project, detail the services to be performed, the dollar value of the work to be performed by each subcontractor, and the City of Atlanta M/FBE certification number and supplier id number as applicable.

For suppliers, the Subcontractor Project Plan must include all subcontractors (majority and minority owned), the supplies to be provided, including the dollar value of the supplies being provided and the City of Atlanta M/FBE certification number and supplier id number as applicable.

Determination of Non-discrimination During Bid Process

No Bidder shall be awarded a contract on an Eligible Project unless the Office of Contract Compliance determines that the Bidder has satisfied the non-discrimination requirements of section 2-1448 on such Eligible Project. Accordingly, each Bidder shall submit with each Bid the following

1. Covenant of Non-Discrimination. Each Bidder shall submit with her/his Bid a Covenant of Non-

Discrimination which is set forth herein as Exhibit EBO1.

2. Outreach efforts documentation. Each bidder shall submit with her/his bid written documentation demonstrating the bidder’s outreach efforts to identify, contact, contract with, or utilize businesses, including certified M/FBEs as subcontractors or suppliers on the contract. This information shall be set forth on Exhibit EBO2, which is included herein.

3. Subcontractor project plan. Each bidder shall submit with her/his bid a completed and signed subcontractor project plan, in a form approved and provided by the office of contract compliance, which lists the name, address, telephone number and contact person of each subcontractor or other business to be used in the contract, the NAICS Code and the type of work or service each business will perform, the dollar value of the work and the scope of work, the ownership of each business by race and gender, if applicable the AABE, APABE, FBE, certification number of each business, and any other information requested by the office of contract compliance. In order for the office of contract compliance to officially consider a firm to be an M/FBE, the M/FBE firm must be certified by or have a certification application pending with the office of contract compliance prior to the bidder’s submission of the bid. The subcontractor project plan shall not be changed or altered after approval of the plan and award of the contract without the written approval of the director of the office of contract compliance. A written letter to the director of the office of contract compliance requesting approval to change the subcontractor project plan must be submitted prior to any change in the plan or termination of an M/FBE’s contract.

OCC Review of Bidder Submissions

The Office of Contract Compliance shall determine whether a Bidder has satisfied the non-discrimination requirements of section 2-1448 based on its review of the Covenant of Non-

Discrimination, the Outreach Efforts Documentation, the Subcontractor Project Plan, and its review of other relevant facts and circumstances, including complaints received as part of the bid process. In reviewing the documents submitted by a Bidder to determine whether the Bidder has satisfied the non-discriminatory practices requirement of this section, the Office of Contract Compliance will consider, among other things, the total project dollars subcontracted to or expended for services performed by other businesses, including certified M/FBEs, whether such businesses perform Commercially Useful

Functions in the work of the contract based upon standard industry trade practices, whether any amounts paid to Supplier businesses are for goods customarily and ordinarily used based upon standard industry trade practices, and the availability of certified M/FBEs within the relevant NAICS

Codes for such Eligible Project.

(a) Receipt of Complaint of Discrimination in the Bid Process

The office of contract compliance shall accept complaints of alleged discrimination during the bid process regarding any participant in the bid process. Where the complaint of discrimination is specific to the procurement, which is under consideration by the city, the office of contract compliance may investigate said complaint, determine its validity, and determine whether the actions complained of impact the bidder’s responsiveness on the specific procurement.

Allegations of discrimination based on events, incidents or occurrences which are unrelated to the specific procurement will be placed in the bidder’s file maintained in the vendor relations database and handled in accordance with the procedure established in the city’s vendor relations subdivision, section 2-1465, et seq.

(b) Determination of Violation of EBO Process

Where the office of contract compliance investigates a complaint of discrimination that is related to the specific bid process, the details of that investigation, including findings, shall be recorded, and maintained in the vendor relations database, pursuant to section

2-1471.

(c) Office of Contract Compliance Determination of Non-Compliance

When, based upon the totality of the circumstances, the office of contract compliance determines that a bidder fails to satisfy the requirements of section 2-1448(a) of a city bid solicitation, the director of the office of contract compliance shall present a written determination of non-compliance to the Chief Procurement Officer which states the determination and lists the reasons for the determination. A bid that does not comply with the requirements set forth in section 2-1448(a) shall be deemed non-responsive and rejected.

Equal Business Opportunity Program Bid/RFP Submittals

The Office of Contract Compliance will make any determination of non-responsiveness. The covenant of non-discrimination, the outreach efforts documentation, the subcontractor project plan, and any other information required by OCC in the solicitation document pursuant to section 2-1448 must be completed in their entirety by each bidder and submitted with the other required bid documents in order for the bid to be considered as a responsive bid. Failure to timely submit these forms, fully completed, will result in the bid being considered as a non-responsive bid, and therefore, excluded from consideration.

Monitoring Of EBO Policy

Upon execution of a contract with the City of Atlanta, the successful bidder's M/FBE Project

Participation Plan will become a part of the contract between the bidder and the City of Atlanta. The

M/FBE Project Participation Plan, all executed subcontract agreements, operating agreements, other contract governing documents, along with all other pertinent records required by OCC as deemed necessary will be placed on file. Said documentation shall be in a format that is established by the

Office of Contract Compliance and will be monitored by the City of Atlanta's Office of Contract

Compliance for adherence with the plan. The successful bidder will be required to provide specific

M/FBE information on a monthly basis that demonstrates the use of subcontractors and suppliers as indicated on the Subcontractor Project Plan. The failure of the successful bidder to provide the specific

EBO information by the specified date each month shall be sufficient cause for the City to withhold approval of the successful bidder’s invoices for progress payments, increase the amount of the successful bidder’s retainage, require joint check issuance, or evoke any other penalties as set forth in the City of Atlanta Code of Ordinances, Sections 2-1452 and 2-1456.

Implementation of EEO Policy

The City effectuates its EEO policy by adopting racial and gender work force availability for every contractor performing work for the City of Atlanta. These percentages are derived from the work force demographics set forth in the 2000 Census EEO file prepared by the United States Department of Commerce for the applicable labor pool normally utilized for the contract.

Monitoring of EEO Policy

Upon award of a contract with the City of Atlanta, the successful bidder must submit a Contract

Employment Report (CER), describing the racial and gender make-up of the firm's work force. If the

CER indicates that the firm's demographic composition does not meet the adopted EEO goals, the firm will be required to submit an affirmative action plan setting forth the steps to be taken to reach the adopted goals. The CER and the affirmative action plan, if necessary, will become a part of the contract between the successful bidder and the City of Atlanta. Compliance with the EEO requirements will be monitored by the Office of Contract Compliance.

Equal Business Opportunity M/FBE GOALS for this Project

Project No.: Longleaf Dr, W. Brookhaven Dr & Terrace Dr. Resurfacing Northside

Resurfacing & Concrete Repairs (CID)

The dominant NAICS code and trade to be engaged for the above referenced solicitation is:

237310 - Highway, Street, and Bridge Construction

238110 - Poured Concrete Foundation and Structure Contractors

238910 - Site Preparation Contractors

The above referenced dominant NAICS code was used for the purposes of calculating the appropriate participation goal(s). However, any COA certified firm that is engaged by the successful Prime proponent who performs a commercially useful function in the execution of the project will be eligible for participation credit. The availability of certified M/FBE firms for the procurement categories in the various scopes associated with this project is:

25% MBE and 10% FBE

Please be reminded that no Bidder shall be awarded a contract on an Eligible Project unless the Office of Contract Compliance determines that the Bidder has satisfied the non-discrimination requirements of section 2-1448 on such Eligible Project. Details of the O.C.C. review process for determination of non-discrimination are detailed on page 2 of this document.

Equal Business Opportunity Program Reminders

1. Certification. It is the prime contractor's responsibility to verify that MBEs and FBEs included on the Subcontractor Project Plan are certified by the City of Atlanta’s Office of Contract Compliance or have a certification application pending with the City of Atlanta’s Office of Contract

Compliance.

2. Reporting. The successful bidder must submit monthly EBO participation reports to the Office of

Contract Compliance.

3. Subcontractor Contact Form. It is required that bidders list and submit information on all subcontractors they solicit for quotes, all subcontractors who contact them with regard to the project, and all subcontractors they have discussions with regarding the project. Failure to provide complete information on this form will result in your bid being declared non-responsive. For your convenience, fillable versions of the appendix A documents are available on the OCC webpage should you require additional pages.

4. EBO Ordinance. The EBO Program is governed by the provisions of the SBO/EBO Ordinance set forth in the City of Atlanta Code Division 12, section 2 - 1356 through 2 -1480. The ordinance can be obtained from the City of Atlanta Clerk's Office at (404) 330-6032.

5. Supplier Participation. In order to receive full M/FBE credit, suppliers must manufacture or warehouse the materials, supplies, or equipment being supplied for use on the Eligible Project.

6. OCC Registry of Certified Firms. To access OCC's real time registry of vendors (certified or non-certified), visit our SDMS Compliance Management portal at: https://atlantaga.gob2g.com/

7. Contract Assurance. The Contractor shall not discriminate on the basis of race, color, national origin, sex, religion, or sexual orientation in the performance of this contract. The contractor shall carry out applicable requirements of City ordinance 2-1448 a (2) in the award and administration of any eligible City contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Atlanta deems appropriate. Anti-discrimination provisions based upon religion and sexual orientation are enforceable through the City of

Atlanta regulations.

https://atlantaga.gob2g.com/

COVENANT OF NON-DISCRIMINATION

The undersigned understands that it is the policy of the City of Atlanta to promote full and equal business opportunity for all persons doing business with the City of Atlanta. The undersigned covenants that we have not discriminated, on the basis of race, gender, or ethnicity, with regard to prime contracting, subcontracting, or partnering opportunities. The undersigned further covenants that we have completed truthfully and fully the required forms EBO-2 and EBO-3. Set forth below is the signature of an officer of the bidding entity with the authority to bind the entity.

Signature of Attesting Party

Title of Attesting Party

On this _____ day of ________________, 20___, before me appeared ______________, the person who signed the above covenant in my presence.

Notary Public

Seal

FORM EBO-1

FORM EBO-2 (Page 1 of 2)

SUBCONTRACTOR CONTACT FORM

List all subcontractors or suppliers (Majority, EBO and Non-EBO Certified) that were contacted regarding this project.

Name of Sub-contractor/

Supplier

Contact Name, Address and Phone

Number

City Of

Atlanta

Business

License?

(Yes or No)

Type of

Work

Solicited for

Business

Ownership

(see code below)

Certification

No. and

Expiration Date

Results of Contact

Business Ownership Code: AABE - African American Business Enterprise, HABE – Hispanic Business Enterprise, FBE – Female Business

Enterprise, APABE – Asian (Pacific Islander) American Business Enterprise

Company Name: _____________________________________ Project Name: ______________________________ Contract#:

Printed Signature: ___________________________________

EBO-2 (Page 2 of 2)

Date: _____________________________

Name of Sub-contractor/

Supplier

Contact Name, Address and Phone

Number

City Of

Atlanta

Business

License?

(Yes or No)

Type of

Work

Solicited for

Business

Ownership

(see code below)

Certification

No. and

Expiration Date

Results of Contact

Total MBE% _______ Total FBE% _______ Total

EBO%_______

Code: AABE - African American Business Enterprise, HABE – Hispanic American Business Enterprise, FBE – Female Business Enterprise, APABE – Asian (Pacific Islander) American Business Enterprise

Proponent’s Company Name: ___________________________ Project Name: ___________________________ Contract#: _______

Proponent’s Contact Number: ___________________________

EBO-3

Printed Signature: ________________________ Date: ___________

List all Majority, EBO Certified, and Non-EBO Certified subcontractors/suppliers, including lower tiers, to be used on this project.

Name of Sub-contractor/

Supplier

Contact Name, Address and

Phone Number

City of

Atlanta

Business

License?

(yes or no)

NAICS

Code Type of

Work to be

Performed

Ethnicity of

M/FBE

Ownership (see code below)

M/FBE

Certification

No. and

Expiration

Date

Dollar ($)

Value of

Work and

Scope of

Work

Percentage

(%) of Total

Bid Amount

EQUAL BUSINESS OPPORTUNITY SUBCONTRACTOR PROJECT PLAN

SUBCONTRACTOR/SUPPLIER UTILIZATION

(Must Be Completed for Each Sub Firm)

LETTER OF INTENT

Contract #________________________

Proponent Name:

Address:

City: State: Zip:

Subcontracting Firm: Firm Name:

Address:

City: State: Zip:

Sub firm Contact Person: Name: Phone: ( )

Firm is performing as: Non-certified Sub Certified Sub Joint Venture Team Member

If Certified, Certification # and Expiration Date:

Work item(s) to be performed by Sub

Description of Work Item Dollar(s) Value of Work and

Scope of Work

Percentage (%) of Total Bid Amount

TOTAL Diversity% Credit Claimed for this Contractor

The bidder/offeror is committed to utilizing the above-named Subcontractor firm for the work described above. The estimated participation is as follows:

Subcontract amount: $ Percent of total contract: %

AFFIRMATION:

The above-named Subcontractor firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.

By: _______________________________________________________________________ (Print name) (Title)

(signature) (date)

* In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void

(Must Be Completed for Each Sub Firm)

LETTER OF INTENT

Contract #________________________

Proponent Name:

Address:

City: State: Zip:

Subcontracting Firm: Firm Name:

Address:

City: State: Zip:

Sub firm Contact Person: Name: Phone: ( )

Firm is performing as: Non-certified Sub Certified Sub Joint Venture Team Member

If Certified, Certification # and Expiration Date:

Work item(s) to be performed by Sub

Description of Work Item Dollar(s) Value of Work and

Scope of Work

Percentage (%) of Total Bid Amount

TOTAL Diversity% Credit Claimed for this Contractor

The bidder/offeror is committed to utilizing the above-named Subcontractor firm for the work described above. The estimated participation is as follows:

Subcontract amount: $ Percent of total contract: %

AFFIRMATION:

The above-named Subcontractor firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.

By: _______________________________________________________________________ (Print name) (Title)

(signature) (date)

* In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void