REQUISITION & PROPOSAL

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10/14/11 UPON REQUEST This Requisition solicits proposals to provide the following material for our #1 Barge Unloader: The intent of the Contract is to provide for the manufacture and supply, complete in every detail, of the following item OR APPROVED EQUAL: Union chain for #1 Barge Unloader or approved equal. 12 pitch union steel chain with mid-pitch and every 4 th pitch With wear bosses on mid-pitch every 4 th pitch Item 1 Qty. Unit 1. 29 ea. 4 Link Sections Left Hand Links 2. 29 ea. 4 Link Sections Right Hand Links 3. 12 Ea. Outside bars (part #13269) 4. 80 Ea. Flat Washers (part #14368) Please refer to enclosed Union Chain Drawing #18633, these will be assembles as is with Bars (14271 part#) right and left hand. Chain must be inspected prior to bidding at McDuffie Terminal during 7a.m. and 3 p.m. Monday through Friday. Contact Mr. Pete Dunnam @ 401-1319 for appointment or any questions regarding the item for bid. CHAIN FOR #1 BARGE UNLOADER Recommended: Kimberly Jones, Cargo Movement Supervisor Bulk Division Approved: Randy Gossett, Superintendent, McDuffie Terminal Raymond Dearmon, Manager Bulk Operations Ron Adler, General Manager Operations Brad Ojard, Vice President Operations H. S. Smitty Thorne, Executive Vice President & COO James K. Lyons, Director & CEO Page 1 of 11

ASPA RESERVES THE RIGHT TO PURCHASE ADDITIONAL UNION CHAIN AS SPECIFIED FROM THE AWARD VENDOR WITHIN THE NEXT TWELVE MONTHS PROVIDED ALL PRICING, TERMS AND CONDITIONS REMAIN THE SAME AND IS AGREED UPON BY BOTH PARTIES. FOB - Alabama State Port Authority McDuffie Coal Terminal, Mobile, Alabama. LUMP-SUM PRICE: $, STATE DELIVERY A.R.O. WEEKS PLEASE NOTE BUCKET CHAIN ON THE OUTTER ENVELOPE WHEN RETURNING YOU BID. Page 2 of 11

Bid opening will be October 21st, 2011, 1:30 p.m. @ the McDuffie Terminal Conference Room. NO BIDS WILL BE ACCEPTED AFTER THIS TIME. PLEASE SEE ATTACHED INDEMNIFICATION SHEET & DISCLOSURE STATEMENT Company Representative Phone Email FOR ALL BIDS $7,500 AND OVER STATE OF ) ) SS. ) On this day of, 20, before me appeared, to me personally known, who, being by me duly sworn, did say that such person executed the foregoing instrument as the free act and deed of such person, having been duly authorized to execute such instrument in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public, State of Print Name My commission expires: Page 3 of 11

Alabama State Docks/Port Authority Bid Description: Purchase Barge Unloader Chain Bids to be Open: 10/21/11 @ 1:30 p.m. The following paragraph shall be considered a part of the above referenced bid: Indemnification Clause The Contractor shall assume all liability for and shall indemnify and save 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 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. Page 4 of 11

Please use this as a guide only for proper delivery. Sender Name & Address Alabama State Port Authority McDuffie Coal Terminal Postal Address for US Mail Physical Address for Courier Service Sealed Bid: (Description) Bid Opening Date: Page 5 of 11

Please return one copy of this proposal, duly signed, by 1:30 p.m. on October 21, 2011. When all bids are publicly opened, UNIT PRICES AND EXTENSIONS shall be entered opposite each item below on which you are prepared to bid for delivery FREE OF CHARGE TO - McDuffie Coal Terminal (FOB) No consideration will be given bids unless on this form or a written attachment. If not prepared to submit a bid, please state over the firm signature and return so that it may be known it was brought to your attention; otherwise your name may be dropped form the list of prospective bidders. The right is reserved to reject any an all bids deemed for the interest of the Alabama State Port Authority, to strike out any item or items in the proposals, and to waive any defect or irregularly not a violation of law or to make any modification in the several conditions herein stipulated that are deemed to be in the best interest of the Alabama State Port Authority, including the separation of items of a class in making awards. In general, awards will be made to the lowest satisfactory bidder. 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 can not 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. The Port 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 a former contract in force with the Port Authority. b) Contractor default under a previous Contract with the Port Authority. c) Proposal withdrawal or Bid Bond forfeiture on a previous project with the Port Authority. d) Unsatisfactory work on a previous contract with the Port Authority. Port 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 Port Authority may request. The Port Authority reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Port Authority that such bidder is properly qualified to carry out the obligations of the Contract. Page 6 of 11

ACCESS POLICY IMPORTANT NOTICE TO BIDDERS REGARDING ACCESS TO ASPA RESTRICTED FACILITIES: Successful bidders requiring access to the Alabama State Port Authority's Restricted Facilities to fulfill any obligations set forth in this bid must comply fully with the Authority's Access Policy found in its entirety at http://www.asdd.com/portaccess_policy.html The Port Authority's Access Policy requires all persons permanently employed at the port, including ASPA staff, tenants and their employees, surveyors, agents, stevedores, longshoremen, chaplains, contract labor and persons requesting temporary access to the port, including delivery persons, vendors, contractors, and temporary workers must obtain and display an ASPA issued photo ID badge or visitor badge at all times when accessing or working on port property. In order to obtain an ASPA credential, applicants must also obtain a Transportation Worker Identification Credential (TWIC) and undergo mandatory Security Awareness Training. Information on the TWIC can be found at http://www.asdd.com/portaccess_twicregs.html Information on Security Awareness Training classes and scheduling can be found at http://www.asdd.com/portaccess_securitytraining.html ALL PROSPECTIVE BIDDERS ARE ENCOURAGED TO REVIEW THESE POLICIES AND CONSIDER THESE REQUIREMENTS IN PREPARING BID SUBMISSIONS. Page 7 of 11

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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 proving 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 executing the enclosed Affidavit and returning it to the Alabama State Port Authority with your bid package. The Affidavit must be notarized. STATE OF ALABAMA : COUNTY OF MOBILE : AFFIDAVIT AND CERTIFICATE OF COMPLIANCE Before me, the undersigned authority, a Notary Public in and for said State and County, personally appeared, who is known to me and who, being by me first duly sworn, deposes and says as follows: 1. My name is. I am the of ( Company ), a company that contracts with and/or provides goods or services to the Alabama State Port Authority (ASPA) in Mobile, Alabama. 2. Company certifies that it does not knowingly employ, hire for employment or retain the services of any person who is not authorized to work in the United States as defined in 8 U.S.C. 1324a(h)(3). Company further certifies that it is in full compliance with all federal and State of Alabama laws and regulations concerning the employment of non-citizens of the United States of America and will continue to remain in full compliance throughout the period Company contracts with or provides its goods or services to the Alabama State Port Authority. 3. Company further certifies that it is currently enrolled or will be enrolled in the E-Verify program administered by the United States Citizen and Immigration Services, the Department of Homeland Security and Social Security Administration or that it participates in the program through the Alabama Department of Homeland Security on or before January 1, 2012. STATE OF ALABAMA : COUNTY OF MOBILE : The foregoing instrument was acknowledged before me this day of, 2011. Page 10 of 11 NOTARY PUBLIC State of Alabama

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