ALABAMA STATE PORT AUTHORITY REQUEST FOR PROPOSAL

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1 ALABAMA STATE PORT AUTHORITY REQUEST FOR PROPOSAL July 12, 2010 ALABAMA STATE PORT AUTHORITY FACILITIES MOBILE, ALABAMA The Alabama State Port Authority ( ASPA or Port Authority ) is seeking a private sector partner to operate and maintain a mechanical dredging operation at the facilities of the Port Authority in Mobile, Alabama. The purpose of this operation is to maintain a water depth of 40 to 45 with 2 over dredge at the facilities of the Port Authority. The facilities include the Main Docks Complex, the McDuffie Terminal, the Mobile Container Terminal, and the Pinto Terminal. The private partner is to furnish all equipment not provided by ASPA. The equipment that will be provided by the Port Authority includes a portable pump out station, clamshell type dredge bucket, and all required discharge pipe and pipe connections at the disposal sites. The portable pump out station will be used to unload barges at the appropriate disposal site. The clamshell bucket will be compatible with the equipment used by the private partner. The equipment provided by the Port Authority will be constructed at a later date under a separate contract. This schedule has been devised so that the operation team can have input into the equipment design. All other required equipment will be furnished by the selected private sector partner, including the barge mounted crane that will be performing the dredging at the various docks, GPS tracking system, the hopper barges, tugboats, tender boats, and other support equipment. Hydrographic depth measuring means are to be furnished by the private sector partner. Conceptual operation plans and general arrangement drawings are included in this RFP package. They are listed on the last page of this RFP document. ASPA anticipates that this will be a 2 step process with up to 5 prospective partners selected to respond to a refined RFP The operation will include dredging the dock face to the toe of the channel of the previously mentioned facilities, placing the material in hopper barges, and transferring the hopper barges to the disposal location. Proposals shall include tug boat services to transport the hopper barges from dredge site to disposal site. The portable pump station will then be used to pump the material from the hopper barges into the disposal location. The majority of the material will be disposed of on Gaillard Island. The activities on Gaillard Island are restricted to the time between September 1 and April 1 due to permitting issues. The dredge spoil areas at the McDuffie Terminal, Pinto Island and Blakely Island may be used as a secondary disposal location while Gaillard Island is unavailable. The purpose of the request for proposal is to request proposals from qualified contractors, who can obtain a license from the State Licensing Board for General Contractors prior to submitting a final proposal. The bidders would need a classification of either the full Heavy and Railroad (H/RR) or specialty in Heavy and Railroad such as H/RR-S: Dredging; H/RR-S: Dredging, Levees, and Dikes; or H/RR-S: Marine Construction. The Service Contract will be for providing labor, tools, insurance and PO BOX 1588 MOBILE, ALABAMA PHONE: FAX:

2 2 equipment on an hourly basis as authorized and at the discretion of the Port Authority s management. This contract shall be effective for one year beginning October 1, 2011 through September 30, 2012, with an option for possible yearly renewal, but not-toexceed four (4) renewals based upon escalations included as a part of the proposal. ASPA estimates that 175,000 cubic yards will be disposed of at Gaillard, Pinto and McDuffie Islands yearly. The break down is as follows: (1) McDuffie Terminal 110,000 cu. yd. (2) Mobile Container Terminal 40,000 cu. yd. (3) Pinto Terminal 25,000 cu. yd. ASPA estimates that 45,000 cu. yd. will be dredged at the Main Docks Complex and disposed of at Blakely Island yearly. Participants must schedule a site visit during the period outlined below. ASPA will make individuals with operational and technical knowledge of the operation and its equipment available to address questions. Site visits may be scheduled by requesting a date and time (morning or afternoon) at jkichler@asdd.com. The Port Authority is interested in companies that have demonstrated experience in dredging operations and the financial capacity to undertake the obligations of the operation. Interested parties should submit Responses to the Port Authority, as described below, containing the following information: A. Identification Provide the full name of the corporation, address, authorized representative(s) and state of incorporation. If the submission is from a partnership or joint venture, provide information on the individual partners including financial capability. Provide a detailed discussion of the proposed team organization including identifying each firm and the role and responsibilities of that firm. Additionally, provide a project management chart that identifies specific elements of the service to be provided and the firm that will be responsible for its execution. B. Financial Qualifications Provide sufficient financial information to allow the ASPA to determine that the respondent has adequate resources to undertake the operation, and maintenance of the dredging operation described in this RFP. In order to maintain respondent confidently, responses to this section should be submitted directly to our attorneys, Hand Arendall, LLC at the address shown below. C. Insurance Required Coverage s Types and Minimum Limits INDEMNIFICATION The Contractor shall assume all liability for and shall indemnify and save harmless the State of Alabama and the Alabama State Port Authority, doing business as Alabama State Docks (ASD), and its officers and employees from all damages and liability for injury to any person or persons, and injury to or destruction of property, including the loss of use thereof, by reason of an accident or occurrence while acting in the course of and within the scope of their employment, whether performed by himself or by his subcontractor during the term of the contract, or any extension thereof, and shall also assume the liability for injury and/or damages to adjacent or neighboring property by reason of work done under the contract.

3 3 INSURANCE REQUIREMENTS The Contractor shall not commence work under the contract until he has obtained all insurance required under the following paragraphs and until such insurance has been approved by ASD, nor shall the Contractor allow any subcontractor to commence work until all similar applicable insurance has been obtained by the subcontractor or the Contractor has provided coverage for the subcontractor. The Contractor shall provide, at his expense, insurance in accordance with the following: General Requirements (applicable to all policies) All policies of insurance must be written with companies acceptable to ASD. The Contractor shall furnish to ASD certificates of insurance, signed by the licensed agent evidencing required coverages. ASD reserves the right to require certified copies of any and all policies. Each policy of insurance shall provide, either in body of the policy or by endorsement, that such policy cannot be substantially altered or cancelled without thirty (30) days written notice to ASD and to the insured. Except for Workers Compensation, said policies will identify Alabama State Port Authority, its officers, officials, agents, servants and employees as Primary and Non-contributory Additional Insureds in connection with work performed for, on behalf of, or on the property of ASD including a waiver of all rights of subrogation. Commercial General Liability The Contractor shall take out and maintain during the life of the contract Commercial General Liability insurance, including Blanket Contractual and Completed Operations coverages, in an amount not less than $5,000,000 for any one occurrence for bodily injury, including death, and property damage liability. Automobile Liability The Contractor shall take out and maintain during the life of the contract Business Automobile Liability insurance covering any auto in an amount not less than $1,000,000 for any one occurrence for bodily injury, including death, and property damage liability. Workers Compensation (Alabama workers compensation, Jones Act and USL&H required for project) The Contractor shall take out and maintain during the life of the contract Workers Compensation and Employers Liability insurance providing coverage under the Alabama Workers Compensation Act in an amount not less than that required by Alabama or Federal law. Ocean Marine In the event work involves the use of watercraft in the completion of the contract, the Contractor shall provide Protection and Indemnity coverage, including crew, in an amount not less than $2,000,000 for each loss.

4 4 D. Experience - Provide information on your experience operating similar equipment. This should include a list of all marine related projects, including dredging operations at marine facilities, and clients served. E. Maintenance Plan Maintenance of the equipment is critical for the performance under the contract in place. Participant must clearly outline their plan for maintenance of all the equipment, including owner furnished equipment, and prior experience in maintenance of other similar operations. F. Operation and Staffing Plan Included in this RFP is a conceptual operating plan. Proposals shall include a detailed operation and staffing plan. The operation and staffing plan shall include but is not limited to the logistics of the operation as well as the proposed staffing of the equipment in order to meet the needs of the Port Authority. G. Cost Hourly rate of the operation H. Other Any other information touching on the selection criteria identified below. Any and all information or material submitted will be accepted by the Port Authority only on condition that it has not been given in confidence (except for material submitted through our attorneys), and all or any part thereof may be used or disclosed by or on behalf of, the Alabama State Port Authority without restriction or liability of any kind on the State of Alabama, the Port Authority, or their agents. The Alabama State Port Authority will review the information submitted and may meet with the party or parties whose submittals, in the sole opinion of the Port Authority, will best serve the port cargo traffic, dredging needs, and the financial requirements of the Port Authority. Selection criteria will include, but not necessarily be limited to: Knowledge and understanding of the project. A demonstrated track record of successful operation of equipment of similar size and complexity including maintenance commitments and reputation in the industry. (35%) Viability of the Operations and Staffing Plan. Adequacy of personnel assignments to specific tasks. (15%) Proven experience in the incorporation of good environmental practices into marine and dredging operations. (15%) Strength of overall financial plan and overall cost to the ASPA. (25%) Clarity and completeness of RFP response. (10%) The responses will be evaluated by a team of ASPA employees from its Executive, Operations, and Engineering and Environmental staff and graded in accordance with the criteria above. After evaluation of the proposals ASPA may, at its sole discretion, ask a short list of respondents to submit a best and final proposal from which a selection will be made.

5 5 One original and five copies of responses, a completed State of Alabama Disclosure Statement (Attachment 6) should be delivered in a sealed envelope clearly marked Alabama State Port Authority Portable Pump Out Station Operating Proposal by 4:00 PM, CDT, August 23, The proposal should be addressed to Mr. Jerald Kichler, P.E. Director of Engineering, Alabama State Port Authority, Administration Building, 1400 ASD Boulevard, Suite 216, Mobile, Alabama Each submission must clearly mark on the envelope RFP Enclosed - Do Not Open. Financial information should be addressed to Mr. Will Givhan, Hand Arendall, LLC, RSA Battle House Tower, 11 N. Water ST., Suite 30200, Mobile, AL, Responses will not be accepted by oral communications, telephone, or facsimile transmission. It is solely the responsibility of the proposer to insure that Responses are delivered to the Port Authority and Hand Arendall on or before the stated time and date. The operation of this facility, and all terms and conditions thereof, will be subject to negotiation with the staff of ASPA and the final approval of the Board of Directors of the Alabama State Port Authority. The Port Authority contemplates that submissions made to this request will lead to negotiations for the operation of the Authority s portable pump out station. However, this request for proposals, the submission of any information in response thereto, the consideration of such information by the Port Authority, or discussions or negotiations with the Port Authority shall not create any obligation on the part of the State of Alabama, the Alabama State Port Authority nor their agents to enter into any agreement with any party making such submission, or otherwise impose any duties on the Port Authority or vest any rights in any proposer. The Port Authority reserves the right to negotiate with one or more proposers, as the Port Authority, in its sole discretion, deems appropriate. The Port Authority also reserves the right, in its sole discretion, to reject any and all proposals. It should be noted that the Alabama State Port Authortiy reserves the right to withdraw this RFP, reject any and all proposals, to advertise for new proposals, or to proceed to accomplish the work by other means determined by the Authority, in its sole discretion, to be in the best interest of the Authority. The Authority may waive minor or technical irregularities in any proposal. A proposal, which is determined by the Authority, in its sole discretion, to be non-responsive in any material respect, may be disqualified from consideration. However, the Authority may request additional information from any propose in order to make a proposal responsive to this request, or to otherwise obtain clarification or additional information deemed by the Authority, in its sole discretion, necessary to analyze and compare the proposals. By submitting a proposal in response to this RFP each responder acknowledges and agrees that the provisions of this RFP, and/or any communication, statement, act, or omission by representatives of the Authority, (including consultants), in the selection process, shall not vest any right, privilege, or right of action in any propose.

6 6 ANTICIPATED PROCUREMENT PROCESS RFP ASPA issues a Request for 7/14/2010 Proposals for the operation of the Project. Inspection Period 7/19 8/6/2010 Interested firms schedule a site visit (mandatory) Questions 7/19 8/6/2010 Interested firms submit questions to RFP in writing Response to questions 7/19 8/6/2010 ASPA responds to questions as received Response to RFP RFP Evaluation and Selection of Short Listed Firms 8/23/2010 9/22/2010 Refined RFP to Short Listed Firms 10/6/2010 Respondents submit proposals to ASPA and financial qualifications ASPA awards the Project to the most qualified firm providing the proposal most advantageous to the Authority, and to the State. Questions pertaining to this RFP should be directed in writing to the ASPA at jkichler@asdd.com, along with a hard copy by mail to Mr. Jerald Kichler, P.E. Director of Engineering, Alabama State Port Authortiy, 250 N. Water Street, Mobile, AL, All responses to questions will be ed to each respondent via Addenda. Interpretations or clarifications considered necessary by ASPA in response to such questions will be issued by Addenda via e mail to all parties recorded by ASPA as having received the Request for Proposal Documents. Attachments: 1 - McDuffie Island to Gaillard Island Route 2 - Gaillard Island Unloading Site 3 - Main Docks Dredging and Blakely Island Disposal 4 - Pump out Station General Arrangement drawing 5 - Pump out Station Unloading Operation 6 - State of Alabama Disclosure Statement

7 McDuffie Island Approximate Distance 10.5 Miles Gaillard Island Gaillard Island Unloading Site McDuffie Island to Gaillard Island Route

8 Theodore Ship Channel Dredge Barge Unloading Site Gaillard Island Unloading Site

9 Portable Pump Out Station Loaded Hopper Barge Unloaded Hopper Barge Portable Pump Out Station and Loaded Hopper Barge Travel Discharge Line Booster Pump Discharge Main Docks Dredging and Blakely Island Disposal

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