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Home My WebLink AboutRFP 17-310 REYNOLDS STREET PEDESTRIAN BRIDGE_ BID PROTEST AGREEMENT BID PROTEST AGREEMENT This document sets forth the terms and conditions of the Settlement Agreement (hereinafter "Agreement") by and between R.W. Allen, Construction, LLC (hereinafter "R.W. Allen") and Augusta, Georgia (hereinafter "Augusta"). The term "Augusta", as used herein, shall be defined to include all current and former commissioners, employees, servants, agents, officials, insurers, and attorneys, in their official capacities, as well as their predecessors, successors, and assigns, both jointly and severally. In consideration of the mutual covenants and agreements set forth below,the Parties agree as follows: RECITALS Augusta initiated a Request for Proposals for the construction of a pedestrian bridge on Reynolds Street in Augusta, Georgia (hereinafter "RFP 17-310"). Augusta has a Local Small Business Opportunity Program (hereinafter"LSBOP") which set an eleven percent (11%) LSBOP goal on RFP 17-310. R.W. Allen, along with other construction companies, submitted submittals to RFP 17-310. On the Local Small Business Utilization Plan(hereinafter"Plan"), R.W. Allen indicated that it was unable to meet the LSBOP goal of eleven percent (11%) but attached good faith effort documentation. On or about January 25, 2018, R.W. Allen was provided a letter from Augusta that indicated there was a finding from Augusta's Compliance Department that R.W. Allen did not meet the good faith efforts requirements of the LSBOP on RFP 17-310. On or about January 31, 2018, R.W. Allen provided a bid protest letter wherein it disagreed with the Compliance Department's findings in regards to the good faith efforts of R.W. Allen to meet the eleven percent (11%) LSBOP goal. Augusta, GA, Code Section 1-10-81(b) gives the Procurement Director and Administrator the authority to settle and resolve bid protests prior to a final decision by the Commission. The Parties mutually agree to resolve the protest submitted by R.W. Allen in accordance with the terms of this Agreement. NOW THEREFORE, The parties agree as follows: 1. TERMS OF SETTLEMENT. A. R.W.Allen will meet the eleven percent (11%) LSBOP goal set for RFP 17-310 if it is awarded the contract for RFP 17-310. Exhibit A, attached hereto, is R.W. Allen's amended Local Small Business Utilization Plan, which reflects its commitment to meet the LSBOP goal. Augusta will supplement the amended Plan in its records, and it will set aside the good faith efforts documentation previously provided. B. The Parties mutually agree to set aside R.W. Allen's bid protest on RFP 17-310, and Augusta will allow R.W. Allen's proposal to proceed to the next stage of the competitive selection process with no adverse consequences as a result of entering into this Agreement. 1 C. In the unlikely event that R.W. Allen does not meet the eleven percent (11%) LSBOP goal set for RFP-310, R.W. Allen shall pay Augusta an amount that reflects the unutilized portion of the goal. For example, if the total price of R.W. Allen's submittal is one-million dollars ($1,000,000.00) and qualified LSBOPs are awarded ten percent (10%) of the project ($100,000.00), then R. W. Allen would be required to pay Augusta one percent (1%) or ten-thousand ($10,000.00). Any such funds remitted to Augusta will be used by Augusta to promote Augusta's LSBOP. 2. ATTORNEY'S FEES AND COURT COSTS. As between R.W. Allen and Augusta, each party shall bear its own attorney's fees and expenses and costs incurred in connection with the protest, the settlement and the matters and documents referred to herein. 3. EXECUTION. R.W. Allen and Augusta represent and warrant that the persons executing this Agreement are duly authorized to do so, that this Agreement constitutes a valid and binding obligation, and that said persons are authorized to act on behalf of all persons or entities described in this agreement. 4. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 5. ENTIRE AGREEMENT. R.W. Allen and Augusta hereby agree and represent that no promise or agreement not herein expressed has been made to either Party that this Agreement contains the entire understanding of the Parties in regard to the matters contained herein, and that the terms of this Agreement are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE 2 IN AGREEMENT HERETO, the R.W. Allen and the below representatives of Augusta, Georgia set their hand and seal. R.W. Allen, Construction,LLC By: , Z.Xd - . `ZoVkt4 M44-7.1 .3 ``oxoiiittio,�� As Its: �'Xee.Jr',vd ViLE ?i2�'Sst e�"� N SwoKet�.cr ii Bee rna�p• &l1ypt. 1ic�. Tlas S a r ` 2018. My . Pfr • `$• "IOU" Augusta, Georgia „,,„ e, , e,,, , ..... nice Allen Jackso dministrator Sworn to and subscribed Before mr��,a Notary Public This iSfJay of February 2018. 144'4121 l Notarf Public M mn sion..l xpires:_,, / 4 ''a.. 4 1,1‘ '7'''' • OFFICIAL SEAL r S i� . AYNELL BONNER I iw4.474iA1,,c., Notary Public,Georgia Geri Sams i Y : RICHMOND COUNTY Procurement Director \,� „e My Commission Expires Sw s4,1_ . .inair , .ecl PRIL 2,2018 Before me,a Notary •a-IC-- i, "1'N—il day of Februa 2018. . . . ., , ,p' Notary ublic My Commission Expires: ,�0itlt OFFICIAL SEAL y ' `'' ., ,.d• GAYNELLBONNER ' n. l-' 1 Public,Georgia ; 3 i, t►' RICH D COUNTY ` r„a My �201x Expires y , Y_ - - - --^ Exhibit A 4 LOCAL SMALL BUSINESS UTILIZATION PLAN The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner(please check the appropriate space): Name of bldder/offeror's firm: R.W, Allen Construction, LLC By: John Martin 2 -9-18 (Print Name) nature -�— (Date) X The bidder/offeror is committed to a minimum of 11 %LSBOP utilization on this contract. (Please complete the requested subcontractor/suppiler information below.) OR The udder/offeror is unable to meet the LSBOP goal of %. Therefore, the bidder/offeror will complete In its entirety the document titled GOOD FAITH EFFORTS and submit supporting documentation demonstrating good faith efforts. Subcontractor/Supplier A .'I.rasa Princanai LSi "9 Utilization Name Phone conte Cer*,.',3d Xo Entail Portable Services Inc P.O. Box 889 Evans, GA 30809 Janet Bentley Yes TBD 706-724-8420 mpruitt@portableservices.net GPK, LLC 600 Broad Street,Suite 5-E Teresa Bright Yes TBD 803-599-0193 tbright@gpkconstructiongroup.com CCS Flooring Tech, LLC 811 Laney Walker Blvd,Aug, GA 30901 Patrick Carter Yes TBD 706-664-5085 ccstiooring.patc@gmail.com Kendrick's Clearing& 1247 New Savannah Rd,Aug, GA 30901 Cedrick Kendrick Yes TBD Hauling 706-722-4409 kendrickchi@yahoo.com Use additional sheets as necessary. Addendum 1 RFP item#17-310 Reynolds Street Pedestrian Bridge Page lofI