Alabama State Port Authority

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To: Prospective Bidders Date: March 20, 2015 Please procure the following and deliver to the address below: Delivery of Proposal Alabama State Port Authority 1400 State Docks Rd. Administration Building Room 200 Mobile, AL 36602 Delivery of Work Alabama State Port Authority Mudlakes 995 Old Spanish Trail Mobile, AL 36610 Description of Work This Requisition solicits proposals to lease a Liquid Carbon Dioxide (CO 2 ) tank and supply Liquid CO 2 at the Alabama State Port Authority Mudlakes facility. The project will require 1 50 Ton low pressure CO 2 receiver complete with control containing refrigeration unit, vaporizer, etc. for the Liquid CO 2. All maintenance expenses including materials will be provided by the lessor during the lease period. Evaluation of proposals will be based on an estimated gas usage of 19 tons per month. There will be no guarantee of minimum or maximum gas purchase. The lease will be twelve months with an option to renew for up to two additional twelve month terms. At the end of contract, tank demobilization should take place within 30 days. Demobilization process is expected to be included in the total bid. Work will be in accordance with the requirements stated herein and applicable State of Alabama Laws. The work consists principally of providing labor, materials, equipment, insurance, and supervision necessary for refilling a Liquid CO 2 tank as indicated in the contract documents. The project site is located on the Alabama State Port Authority property at Mudlakes in Mobile, Alabama. A Pre Bid meeting is scheduled for Monday, March 30, 2015 at 2 PM at the Killian Room, 250 N. Water Street, Mobile, AL 36602. Bidder attendance is mandatory. All Contractors submitting bids are to carefully examine the site of the proposed work at the Pre Bid meeting and thoroughly review the contract requirements prior to submission of a bid proposal. Each Bidder shall satisfy oneself as to the character, quality, and quantities of work to be performed, and as to the requirements of the proposed contract. The submission of a proposal shall be proof that the bidding Contractor has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract. All bidding Contractors must hold a current license from the State Licensing Board in the State of Alabama. The work performed under this contract shall not commence until the Contractor has submitted a Certificate of Insurance. The Certificate of Insurance shall be as per the attached requirements and countersigned by a licensed resident agent in the State of Alabama. The Contractor will be required to mobilize the tank to the new site within 7 calendar days after receipt of a Notice to Proceed. The tank shall be in functioning condition and available for use by Alabama State Port Authority within 10 calendar days after receipt of Notice to Proceed.

2 P age Description of Work continued The work will have to be scheduled and performed in a manner that will not interfere with operations of the facility or ongoing construction activities operating in the immediate and adjacent areas. ASPA intent is that work hours will be during normal day light hours. The Contractor shall comply with all Federal and State laws, local ordinances and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall place a competent superintendent on the Project who shall have experience in the work being performed under the Contract. The assigned superintendent shall have the responsibility for the day to day operations of the work and shall remain on the Project site while the work under the Contract is being performed. A Liquid CO 2 tank is currently located on the site that is no longer suited for use. Contractor may be required to move this tank in order to connect the new tank to piping and power supply. Time is an essential element in the contract. As the prosecution of the work will inconvenience the ASPA and interfere with business, it is important that the work be pressed vigorously to completion. Also, the cost to the Alabama State Port Authority of the administration of the contract, supervision, inspection and engineering will be increased as the time occupied in the work is lengthened. Therefore, exclusive of Sundays and national holidays, for each day that the work remains incomplete after the time specified, an amount of $100.00 shall be paid by the contractor to the Alabama State Port Authority as liquidated damages for the loss sustained by the State because of failure of the contractor to complete the work within the specified time. The following applies to work performed in a secure area of the Alabama State Port Authority. Port Police and the Project Manager must be notified by phone each day prior to entrance to Mudlakes. Alabama State Port Authority 251 441 7777 Eric Beasley 251 441 7502

3 P age IMPORTANT NOTICE TO BIDDERS REGARDING EMPLOYMENT PRACTICES: Effective October 1, 2011, the Beason Hammon Alabama Taxpayer and Citizen Protection Act the Act requires that any business entity contracting with or providing any grant or incentives to the state, including the Alabama State Port Authority, certify compliance with the Act. All bidders must certify such compliance by submitting documentation that the business entity is enrolled in the E Verify program and executing the enclosed Certificate of Compliance (Appendix #) and returning both to the Alabama State Port Authority with the Bidder s proposal. The Affidavit must be notarized. The following E Verify website link is provided for convenience: http://www.dhs.gov/files/programs/gc 1185221678150.shtm

Contractor s Proposal 4 P age The Contractor hereby agrees to provide specified equipment and perform the previously specified work for the prices outlined in the following schedule. The quantities listed may be increased or decreased during project execution. In the event the quantities do change, the unit price shall apply according to scope of work. Description Est Qty UOM Unit Value Price 1. Mobilization (50%) and Demobilization (50%) 1 Lump $/LS $ Sum 2. Tank Lease 12 Month $/mo $ 3. Liquid CO 2 Filling 228 Ton $/ton $ 4. Additive Alternate Remove Existing Tank 1 Lump Sum $/LS S TOTAL BID $

5 P age NOTES: 1. Sealed bid proposals will be received via courier to the Alabama State Port Authority, 1400 Alabama State Docks Blvd, Room 200, Administration Building, Mobile, AL 36602 by 1:30 PM on Wednesday, April 15, 2015. Sealed bid proposals can also be hand delivered to the Killian Room 30 minutes prior to the official bid opening at 2:00 PM on Wednesday, April 15, 2015 at the Alabama State Authority in the International Trade Center building, 250 North Water Street, 1 st floor Killian Room, Mobile, AL. No faxed or electronic bids will be accepted. 2. Bid proposals must be submitted in a sealed envelope with the words Bid Document Enclosed clearly marked on the outside of the envelope. The sealed enveloped shall also have the following on the outside of the envelope: a) The bidder s name b) Project name and number c) Time and date of bid opening 3. Authority reserves the right to refuse to issue a proposal form or a contract to a prospective bidder for any of the following reasons: a) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contract in force with the Authority. b) Contractor default under previous Contract with the Authority. c) Proposal withdrawal or Bid Bond forfeiture on previous project with the Authority. d) Unsatisfactory work on previous contract with the Authority. 4. Authority may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish all such information and data for this purpose as the Authority may request. The Authority reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Authority that such bidder is properly qualified to carry out the obligations of the Contract. 5. Any questions regarding the procurement should be directed to Eric Beasley, Project Manager, at phone number (251) 441 7502. 6. Alabama State Port Authority reserves the right to reject any and all bids and to waive informalities in bids received.

6 P age Referenced Figures: Figure 1 Mudlakes Location ATTACHMENTS Referenced Documents: Appendix A Insurance Requirements Appendix B Certificate of Compliance with the Beason Hammon Alabama Taxpayer and Citizen Protection Act and Disclosure Statement Receipt of following addendums is acknowledged: Addendum No. Addendum No. Contractor s Signature: SIGNATURES Contractor Company Name Title Date Signature of Party Originating Requisition: Eric Beasley Project Manager Date Approved by: Robert C. Harris, Jr, P. Director, Engineering Services Date

Site Location 995 Old Spanish Trail, Mobile, AL 36610, USA Latitude: 30.723586 Longitude: 88.035913

Appendix A Insurance Requirements

E. Beasley/EHS Re: Lease of Tank for Refill or Carbon Dioxide At Mudlakes 3/19/15 KM/lb 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)(required for this project) 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. General Liability (Required for this project) 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 for this project) 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 this 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 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).

Appendix B Certificate of Compliance with the Beason Hammon Alabama Taxpayer and Citizen Protection Act and Disclosure Statement

AFFIDAVIT AND CERTIFICATE OF COMPLIANCE FORM FOR SECTIONS 9 (a) and (b) BEASON HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT; CODE OF ALABAMA, SECTIONS 31 13 9 (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, any 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, 2. 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