Alabama State Port Authority INVITATION TO BID. Project Name Axis Damaged Steel I-Beam Disposal Location Axis, AL

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1 Alabama State Port Authority Project Name Axis Damaged Steel I-Beam Disposal Location Axis, AL INVITATION TO BID The Alabama State Port Authority is accepting Sealed Bids on approximately two (2) 27 deep steel I- Beams that span approximately feet. These I-beams were part of a river terminal walkway. Deliver Sealed Bids via courier to the Alabama State Port Authority, 250 North Water Street, Suite 330, Mobile, Alabama 36602, prior to the bid opening. Bids must be sealed and labeled on the outside of the envelope: Axis Scrap Metal Disposal. Sealed bid proposals can also be hand delivered to the abovementioned address until 10:30 a.m., Tuesday, April 16, Properly submitted bids will be publicly opened at 10:30 a.m. Tuesday, April 16, 2019 in the Killian Room of the International Trade Center, first floor, 250 North Water Street, Mobile, Alabama THE ASPA WILL NOT ACCEPT BIDS VIA OR FAX. Prospective bidders can view this material at the Axis Inland Dock located at the end of Rogers Phillips Road in Axis, Ala., for two days only at these times: 10:00 am, CDT on April 4, 2019 and 2:00 pm, CDT on April 9, Please confirm your attendance to Phillip Draughter at pdraughter@asdd.com prior to the Inspection. On site, Points of Contact at Tube City are Darrin Blount, or John Keene This is an operating terminal and access will not be provided outside of the specified inspection dates/times. The purpose of these inspections are to allow prospective bidders opportunity to familiarize themselves with the location and material and to assess equipment and manpower to remove the material within the specified period post bid. The Alabama State Port Authority reserves the right to reject any bids if deemed in the best interest of the State or Alabama State Port Authority. Questions or comments pertaining to this bid must be submitted in writing, via to the attention of Phillip Draughter Jr., Alabama State Port Authority at pdraughter@asdd.com, five (5) working days prior to the bid opening. Answers will be posted on the ASPA s website, as an addendum. No other notification will be provided. Scope: The work consists principally of providing labor, and equipment necessary for the Removal of the damaged steel gangway and metal (material) in the designated area. The winning Bidder must start and remove all material within 10 days of award. All costs to remove the material is to the bidder. The Alabama State Port Authority may grant a removal extension based on written request from the winning bidder prior to the noted 10-day deadline to remove. The Port Authority may consider an extension, but encourages all work to remove bid items within the specified time. Bidders Submitted Price for: The Removal of the damaged steel gangway and metal in the designated area. Price must be inclusive of all cost associated with the removal of material. - continued on next page-

2 Quantity Bid Item Description Bid Price 1 Removal of the damaged steel gangway and metal Negative bid will represent, cost to the Port Authority ( ) Positive bid will represent, payment to the Port Authority (000.00) BIDS MUST BE SIGNED BY BIDDER, COMPANY EMPLOYEE OR AUTHORIZED REPRESENTATIVE Individual/Company Name: Address: City: State: Zip: Phone No.: I hereby certify that I have not been a party to any agreement or collusion among bidders, prospective bidders or employees of the State of Alabama and the Alabama State Port Authority in restraint of Freedom of Competition, by agreement to bid at a fixed price or to refrain bidding, or otherwise. FOR ALL BIDS $15,000 AND OVER Sworn To and Subscribe before me on this, Bidder s Signature: The Day of, 20 Bidder s Name (Print): Notary Public NOTICE TO BIDDERS COMPLIANCE WITH BEASON-HAMMON ALABAMA TAXPAYER & CITIZEN PROTECTION ACT IS REQUIRED. For more information about this system, please log on to All Bids must include the signed affidavit of compliance as attached. Bidders must also return a signed and notarized copy of the attached STATE OF ALABAMA DISCLOSURE STATEMENT as required by Alabama Act Bidders must also sign and return with bid, the attached INDEMNIFICATION AGREEMENT. - Continued on next page-

3 FORM FOR SECTIONS 9(a) and (b) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT; CODE OF ALABAMA, SECTIONS (a) and (b) AFFIDAVIT FOR BUSINESS ENTITY/EMPLOYER/CONTRACTOR (To be completed as a condition for the award of any contract, grant, or incentive by the State of Alabama, and political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees) State of County of Before me, a notary public, personally appeared (print name) who, being duly sworn, says as follows: As a condition for the award of any contract, grant, or incentive by the State of Alabama, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, I hereby attest that in my capacity as (state position) for (state business entity/employer/contractor name) That said business entity/employer/contractor shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. I further attest that said business entity/employer/contractor is enrolled in the E-Verify program. (ATTACH DOCUMENTATION ESTABLISHING THAT BUSINESS ENTITY/EMPLOYER/CONTRACTOR IS ENROLLED IN THE E-VERIFY PROGRAM) Signature of Affiant Sworn to and subscribed before me this day of, 20. I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be. Signature and Seal of Notary Public Author: Jean Brown. THIS PAGE MUST BE NOTARIZED

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6 INDEMNIFICATION AGREEMENT does hereby assume all liability for and shall indemnify and hold harmless the State of Alabama and the Alabama State Port Authority and its officers and employees from all damages and liability for injury to any persons and injury to or destruction of property, by reason of any accident or occurrence arising during, or resulting from the viewing of Alabama State Port Authority property located at the ASPA, as it relates to the Review of Property for ASPA Surplus Property Sale to be held on April 16, By: Its Authorized Representative) Date: Receipt Acknowledged by: (Alabama State Port Authority Representative) BIDDER INSTRUCTIONS This instruction sheet, in addition to the Bid Forms, provides rules and guidelines for the bid process. Bidders are responsible for fully complying with these instructions and those on the ALABAMA STATE PORT AUTHORITY bid forms. 1. No consideration will be given to bids unless presented on the ALABAMA STATE PORT AUTHORITY'S Bid form, with attachments as required in the invitation and those deemed necessary by the bidder. 2. COMPLIANCE WITH BEASON-HAMMON ALABAMA TAXPAYER & CITIZEN PROTECTION ACT IS REQUIRED. E-Verify is an Internet-based system that allows an employer to determine the eligibility of an employee to work in the United States. For more information about this system, please log on to 3. If your company is not prepared to submit a bid, so state and sign to avoid being deleted from the prospective bidders list. 4. The ALABAMA STATE PORT AUTHORITY reserves the right to reject any and all bids if deemed in its and the State of Alabama's interest. 5. The Bidder is invited, urged, and cautioned to inspect the site prior to submitting a bid. The material will be available for inspection at the places and times specified in the Invitation.

7 6. CONDITION AND LOCATION OF MATERIAL. Unless otherwise provided in the Invitation, all material listed therein is offered "as is" and "where is." Unless otherwise provided in the Invitation, the Port Authority makes no warranty, express or implied, as to quantity, kind, character, quality, weight, size, or description of the material, or its fitness for any use or purpose. 7. CONSIDERATION OF BIDS. Alabama State Port Authority will not accept BIDS via FAX or . All bids must be sealed and sent via U.S. Mail or courier to ALABAMA STATE PORT AUTHORITY, ATTN: Phillip Draughter Jr., P.O. Box 1588, Mobile, AL before the specified bid opening date and time. Bids may be Hand Delivered to: 250 N. Water St. Mobile, Suite 330, AL before the specified bid opening date and time. All bids must be clearly marked on the outside, Axis Scrap I- beam Disposal BID. 8. FORMS OF BID DEPOSITS AND PAYMENTS. Bids must be submitted on the provided documents. Unless otherwise provided in the Invitation, bid deposits and payments (when required by the Invitation) shall be in the form of certified check or bank draft, no cash, personal or business checks will be accepted for bid deposit or payment. 9. DELIVERY, LOADING, AND REMOVAL OF MATERIAL. a. The Material must be removed within 10 days of the notice of award. b. Unless otherwise provided in the Invitation, the Successful Bidder shall be entitled to obtain the Material with delivery being made only from the exact place where the Material is located within the facility. The Successful Bidder must make all arrangements necessary for packing, removal, and transportation of the Material. The Port Authority will not act as liaison in any fashion between the Successful Bidder and carrier, nor will the Port Authority recommend a specific carrier. c. The Successful Bidder will make all arrangements and perform all work necessary to effect the removal of the Material. The Successful Bidder shall remove the Material at his/her expense within the period of time allowed in the Invitation. If the Port Authority determines that the failure to remove the Material within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Successful Bidder as determined solely by the Alabama State Port Authority, such determination shall be reduced to writing, and a reasonable extension of time for removal may be allowed. If the Successful Bidder is permitted to remove the Material after the expiration of the time originally allowed for removal or any additional time allowed by the Port Authority pursuant to this clause, the Port Authority, without limiting any other rights that it may have, may require the Successful Bidder to pay a reasonable storage charge. The Successful Bidder shall reimburse the Port Authority for any damage to Port Authority property caused during the removal operations by the Successful Bidder or his/her authorized representative. d. Items purchased under the Invitation will be released only to the Successful Bidder or his/her authorized representative. The authorized representative must furnish authorization from the Successful Bidder to the Port Authority before any delivery or release will be made. e. Segregation, culling, or selection of Material for the purpose of effecting partial or incremental removals will not be permitted except as specifically authorized and prescribed by the Port Authority.

8 10. DEFAULT. If, after the award, the Successful Bidder breaches the contract by failure to remove the Material within the time allowed by the contract as required, then the Port Authority may offer the contract to the next qualified Bidder. The Defaulting Bidder shall lose all right, title, and interest which he/she might otherwise have acquired in and to such Material as to which a default has occurred. If the Successful Bidder otherwise fails in the performance of his/her obligations, the Port Authority may exercise such rights and may pursue such remedies as are provided by law or under the contract. If any Successful Bidder defaults on his/her obligations, the Port Authority may ban the Bidder from future awards. 11. ORAL STATEMENTS AND MODIFICATIONS. Any oral statement or representation by any representative of the Port Authority, changing or supplementing the Invitation or contract or any Condition thereof, is unauthorized and shall confer no right upon the Successful Bidder. Further, no interpretation of any provision of the contract, including applicable performance requirements, shall be binding on the Port Authority unless furnished or agreed to, in writing, by the Port Authority s designated representative. 12. ASSIGNMENTS OF CONTRACTS. Any contract awarded under the Invitation is subject to the Laws of State of Alabama, which may generally preclude assignment of such contract. 13. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. It is the Bidder's responsibility to ascertain and comply with all applicable Federal, State, local, and multijurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the Material listed in the Invitation. Successful Bidders or users of this Material are not excused from any violation of such laws or regulations. 14. INSURANCE REQUIREMENTS ALABAMA STATE PORT AUTHORITY INSURANCE REQUIREMENTS FOR CONTRACT WORK 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 arising from operations under the contract, whether such operations are performed by himself or by any subcontractor or by anyone directly or indirectly employed by either of them occurring on or about the premises, or the ways and means adjacent 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. 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 Successful Bidder prior to entering the Port Authority s property to remove material shall furnish to ASD certificates of

9 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. General Liability (Required) 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 $2,000,000 for any one occurrence for bodily injury, including death, and property damage liability. Automobile Liability (Required) 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 (Required for project) (USLH required if on the pier over the water) 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 law. Where applicable, Contractor shall take out and maintain during the life of the contract insurance providing coverage as required by Federal statute, including but not limited to U.S. Longshoremen and Harborworkers Compensation Act (USL&H), Jones Act, and Railroad Federal Employers Liability Act (FELA). Ocean Marine (Required for project if watercraft is used) 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 $1,000,000 for each loss. 15. The ALABAMA STATE PORT AUTHORITY accepts no responsibility for facilitating the receipt of bids. 16. Bids over $15, must be notarized. 17. Bids delivered after specified opening time will not be accepted. Bidders are requested to show return address on the outside of the bid envelope. 18. Bid proposal must be filled out completely, including the name, address, telephone number, and signature of responsible person. 19. Questions may be directed to the ALABAMA STATE PORT AUTHORITY, Property Manager, Phillip Draughter Jr., at office (251) , cell (251) Mon Fri 7:00a.m. to 4:00p.m. 20. All hand delivered sealed bids must be tendered to ALABAMA STATE PORT AUTHORITY, Monday through Friday, between 8:00 a.m. to 45:00 p.m., and no later than 10:30 a.m., CDT, Tuesday, April 16, at 250 North Water Street, Suite 330, Mobile, AL

10 21. Sealed bids will be opened at 10:30 a.m. CDT (sharp), CDT, Tuesday, April 16, 2019 in the Killian room at 250 North Water Street (1 st Floor), Mobile, Alabama The Successful Bidder shall, within three (3) business days of the AUTHORITY S issuance of Notice of Award, and prior to removal, provide full payment in the form of a cashier s check or bank draft ONLY, payable to the ALABAMA STATE PORT AUTHORITY. Failure to make payment within the allotted time shall render Bidder's Award in default. Payment shall be accepted between the hours of 8:00 a.m. and 5:00p.m., Monday through Friday, in the Office of Maria Williams, 250 N. Water Street, 2 nd Floor, Mobile, AL Payment in full must be received prior to Bidder taking possession of the subject Material. 23. Successful bidder(s) agree to hold harmless the ASPA, its agents, or employees from any and all losses, costs, and /or damages incurred in the loading of items for removal from ASPA property and/or in transport. Removal from ASPA property shall be the sole responsibility of the bidder(s). 24. No allowance will be made for errors, either of omission or commission, on the part of the bidders. It must be assumed that bidders have fully informed themselves as to all conditions, requirements, and specifications before submitting proposals and they cannot expect to be excused or relieved from the responsibility assumed by their proposals on the plea of error. In case of error in extension of prices, the unit price will govern. I hereby acknowledge that this is a binding contract with the Alabama State Port Authority. I have received a copy of the Bid Documents, Bidder Instructions and Insurance Requirements. All of the above listed documents are to be returned (INSIDE THE SEALED ENVELOPE) along with your bid documents.