00 - RFP No. 2026-05 - CNG Station (Construction) Front-End Docs 10-05-2026 (rlb).pdf

BIRMINGHAM-JEFFERSON COUNTY TRANSIT AUTHORITY

Request for Proposal No. 2026-05

Construction of Compressed Natural Gas (CNG)

Fueling Facility

Construction of Compressed

Natural Gas (CNG) Fueling Facility

October 6, 2026

REQUEST FOR PROPOSAL (RFP) No. 2026-05

DATE: Tuesday, October 6, 2026

TO: ALL PROSPECTIVE PROPOSERS

SUBJECT: NOTICE FOR REQUEST FOR PROPOSAL - RFP NO. 2026-05

CONSTRUCTION OF COMPRESSED NATURAL GAS (CNG) FUELING FACILITY

Dear Prospective Proposers, The Birmingham-Jefferson County Transit Authority (BJCTA) invites you to submit a Proposal in response to Request for Proposal - RFP No. 2026-05. The purpose of this project is to furnish all labor, materials, equipment, supervision, permits, testing, commissioning services, and incidentals necessary to construct a complete, fully functional, and operational Compressed Natural Gas (CNG) Fueling Facility.

A Pre-Proposal Conference will be held on Thursday, October 22, 2026, at 10:00 a.m. (CST). This meeting will take place both virtually and in person at the BJCTA Headquarters, located at 1801 Morris Avenue, Board Room, Birmingham, Alabama 35203.

To be considered, Proposals must be received no later than 2:00 PM (CST) on Thursday, November 19, 2026. The RFP, including instructions and requirements, is available for download on BJCTA’s PlanetBids portal. First-time users must register (registration is free).

All questions regarding this RFP must be submitted in writing via PlanetBids. The deadline for submitting questions is Thursday, November 5, 2026, at 3:00 PM (CST). Responses to inquiries received before the deadline will be posted on the PlanetBids website.

For additional information, please contact us at: procureBids@bjcta.org.

Please include the Solicitation No. and Project Name: “RFP No. 2026-05 – Forestdale CNG Station (Construction)”

We appreciate your interest in partnering with BJCTA and look forward to receiving your Proposal.

Sincerely, BIRMINGHAM-JEFFERSON COUNTY TRANSIT AUTHORITY

Rita L. Barren Director of Procurement, Contracts & Materials https://pbsystem.planetbids.com/portal/55902/portal-home mailto:procurebids@bjcta.org

Forestdale CNG Station (Construction)

REQUEST FOR PROPOSAL – RFP NO. 2026-05

“FORESTDALE CNG STATION (CONSTRUCTION)”

PROPOSED SCHEDULE OF DATES

RFP Issue Date: Tuesday, October 6, 2026

Pre-Proposal Conference: Thursday, October 22, 2026, at 10:00 AM (CST) *Non-Mandatory* In-person at 1801 Morris Avenue, 2nd Flr. Board Room, Birmingham, Alabama 35203 or virtually by clicking Join Meeting

Deadline for Questions: Thursday, November 5, 2026, at 3:00 PM (CST) Submit questions to PlanetBids

Response to Questions: Wednesday, November 11, 2026, at 5:00 PM (CST)

Proposal Due Date: Thursday, November 19, 2026, at 2:00 PM (CST) (Proposal will be opened immediately following)

Bid/ Proposal Bond: A Bid Bond of 5% of the total Proposal price is required with this RFP.

All documents, questions, responses and addendum must be submitted in the BJCTA PlanetBids Vendor Portal.

ALL DOCUMENTS MUST BE SUBMITTED AS FOLLOWS:

All Proposal must be submitted through BJCTA’s PlanetBids Vendor Portal no later than 2:00 PM (CST) on

Thursday, November 19, 2026. RFP Name: “FORESTDALE CNG STATION (CONSTRUCTION)”

FULL PROPOSAL PACKAGES SHALL NOT BE MORE THAN ONE HUNDRED (100) PAGES.

(This includes Cover Page, Table of Contents, and Attachments.)

Unless written authorization is provided by the BJCTA Procurement Department, no other official or employee may speak for the BJCTA regarding this solicitation until the award decisions are complete. Any Proposer seeking information, clarification, or interpretations from any other official or employee uses such information at their own risk, and BJCTA is not bound by such information. Following the submittal deadline, and until a contract is fully executed, Proposers shall continue to direct communications to only the BJCTA Procurement Department identified above.

COMPANY NAME: PHONE #:

ADDRESS: CITY/STATE/ZIPCODE:

CONTACT PERSON NAME: E-MAIL:

UNIQUE ENTITY ID (UEI) # (As required by SAM.GOV) https://teams.microsoft.com/meet/297247833004080?p=b1wiPnvJZlWiMLzMgk https://pbsystem.planetbids.com/portal/55902/portal-home

Birmingham-Jefferson County Transit Authority

CONFIRMATION OF RECEIPT

REQUEST FOR PROPOSAL

RFP NO. 2026-05

“FORESTDALE CNG STATION (CONSTRUCTION)”

Please complete this form and return it to BJCTA Procurement Department within 5 days of the Proposal deadline.

You may email the completed form to procurebids@bjcta.org.

This form is to verify that the Request for Proposal (RFP) issued by Birmingham Jefferson County Transit Authority (BJCTA) has been received. It is also to ensure that each Proposer has received an Request for Proposal and is given the opportunity to respond. If an addendum is issued and posted on BJCTA’s PlanetBids Vendor Portal, the contact information provided on this form could also be used to distribute the information.

COMPANY NAME: PHONE:

ADDRESS: CITY/ST/ZIP:

CONTACT PERSON: EMAIL:

(Check “Yes” or “No”)

Small Business Vendor? □ Yes □ No

All copies clear and free from obstruction? □ Yes □ No

Will RFP (Cover Sheet) be attached to this confirmation page? □ Yes □ No

Will you be submitting a Proposal for this service? □ Yes □ No

(IF “NO”, PLEASE PROVIDE A REASON IN THE COMMENTS SECTION)

COMMENTS:

CERTIFIED BY: DATE:

(Proposer)

PRINTED NAME:

mailto:procurebids@bjcta.org.

REQUEST FOR PROPOSAL (RFP) 2026-05

FORESTDALE CNG STATION (CONSTRUCTION)

TABLE OF CONTENTS

PROPOSED SCHEDULE OF DATES

CONFIRMATION OF RECEIPT

PART 1: PROJECT BACKGROUND

1.1 Project Overview

1.2 Definitions

1.3 Minimum Qualifications

1.4 No Offer by BJCTA; Firm Proposal

1.5 Proposal Security; Performance and Payment Bonds

1.6 Additional Documentation Following Selection

1.7 Restrictions on Communications

1.8 Proposal Submission Deadline

1.9 Ownership of Proposals and Cost of Preparation

1.10 Rejection of Proposals; Cancellation; Irregularities

1.11 Federal Civil Rights and Nondiscrimination Requirements

1.12 RFP Procurement Schedule

PART 2 – CONTENT OF PROPOSALS AND SUBMITTAL REQUIREMENTS

2.1 General Proposal Requirements

2.2 Proposal Format and Required Content

PART 3 – EVALUATION, SELECTION, AND SPECIAL CONDITIONS

3.1 Evaluation and Selection Process

3.2 Evaluation Criteria

3.3 Personnel

3.4 Public Records and Proprietary Information

3.5 Employment/Ethics Restrictions

3.6 Language and Currency

3.7 DBE Participation

PART 4 – ROPOSAL SUBMITTAL FORMS AND CONTRACT DOCUMENTS

SECTION 00 0100 - INSTRUCTIONS TO PROPOSERS

1.01 Intent

1.02 Scope And Price Proposal

1.03 Pre-Proposal Conference and Site Visit

1.04 Proposal Security

1.05 Proposal Submission, Modification, And Withdrawal

1.06 Evaluation and Selection

1.07 Price Proposal Evaluation and Price Reasonableness

1.08 Examination of Contract Documents and Project Site

1.09 Questions, Interpretations, and Addenda

1.10 Product Substitutions and Proposed Equivalents

1.11 Protests

1.12 Public Records

1.13 Restrictions on Communication / Cone of Silence

1.14 Federal and State Requirements

1.15 Notice to Proceed

SECTION 01 0100 – SUMMARY

SECTION 01 2200 - UNIT PRICES

A - PRICE & PROPOSAL SECURITY

B - PROPOSAL FORMS & CERTIFICATIONS

C - QUALIFICATIONS & RESPONSIBILITY FORMS

D - POST AWARD FORMS PROVIDED FOR INFORMATION

SAMPLE CONTRACT AGREEMENT

WAGE DETERMINATION

APPENDIX A – FEDERAL CLAUSES

Request for Proposal – RFP No. 2026-05

PART 1: PROJECT BACKGROUND

1.1 Project Overview

The Birmingham-Jefferson County Transit Authority (“BJCTA” or the “Authority”) is soliciting competitive proposals from qualified and experienced construction firms for the construction of the

Forestdale Compressed Natural Gas (“CNG”) Station.

This Project follows completion of site demolition and environmental abatement activities and represents the next phase in development of a fully operational CNG fueling facility capable of supporting BJCTA’s daily transit operations.

The Project will be constructed generally in accordance with the plans, drawings, technical specifications, and other Contract Documents prepared by BJCTA’s Architect/Engineer (“A/E”). The successful Proposer shall furnish all labor, supervision, materials, equipment, tools, transportation, temporary facilities, testing, commissioning, training, documentation, and incidental services necessary to provide a complete and operational facility in accordance with the Contract Documents.

BJCTA intends to award a construction contract to the responsible Proposer whose Proposal is determined to be the most advantageous to BJCTA, with price and other evaluation factors considered, in accordance with the evaluation criteria and procedures established in this RFP.

1.2 Definitions

For purposes of this Request for Proposals (“RFP”), the following terms shall have the meanings stated below:

Addendum/Addenda: A written modification, clarification, correction, or supplement to this RFP issued by BJCTA prior to the Proposal Submission Deadline.

Architect/Engineer (“A/E”): The design professional retained by BJCTA for the Project and identified in the Contract Documents.

BJCTA or Authority: Birmingham-Jefferson County Transit Authority.

Contract: The written agreement executed between BJCTA and the successful Proposer, including all incorporated Contract Documents.

Contractor: The successful Proposer after execution of the Contract with BJCTA.

Evaluation Committee: The committee designated by BJCTA to evaluate Proposals in accordance with the evaluation factors established in this RFP.

Firm: A corporation, partnership, joint venture, limited liability company, limited liability partnership, sole proprietorship, or other legally recognized business entity.

Price Proposal: The Proposer’s completed pricing submission provided in the form prescribed by BJCTA.

Project: The Forestdale CNG Station Construction Project described in this RFP and the Contract

Documents.

Proposal: The complete written response submitted by a Proposer in response to this RFP, including the

Technical Proposal, Price Proposal, required forms, certifications, acknowledgments, and supporting documentation.

Proposer: A Firm, or authorized combination of Firms, submitting a Proposal in response to this RFP with the intent of serving as the prime contractor.

Responsible Proposer: A Proposer determined by BJCTA to possess the integrity, experience, technical capability, financial resources, personnel, equipment, licensing, bonding capacity, and other resources necessary to successfully perform the Contract.

Successful Proposer: The responsible Proposer selected by BJCTA for contract award following completion of the evaluation, approval, and award process.

1.3 Minimum Qualifications

Proposers must satisfy the minimum qualification requirements established by this RFP.

At a minimum, the Proposer must demonstrate that it:

1. Is legally organized and authorized, or will be authorized prior to Contract execution, to conduct business in the State of Alabama;

2. Possesses, or will possess prior to Contract execution, all licenses and certifications required to perform the Work;

3. Possesses sufficient bonding capacity to provide the required Performance and Payment Bonds;

4. Possesses adequate financial resources and financial capacity to successfully complete the Project;

5. Possesses the personnel, equipment, management capability, technical expertise, and organizational resources necessary to perform the Work;

6. Demonstrates relevant experience with CNG fueling facilities and/or construction projects of comparable size, scope, complexity, and risk;

7. Is not suspended, debarred, or otherwise excluded from participation in federally assisted contracts;

8. Can satisfy applicable insurance requirements; and

9. Meets all other responsibility and minimum qualification requirements established by this RFP and applicable law.

Where a Proposer consists of a joint venture, partnership, or other multiple-entity organization, the

Proposal shall clearly identify the legal relationship and responsibilities of the participating entities and demonstrate that the organization, collectively and as required by the RFP, possesses the qualifications and resources necessary to perform the Contract.

No Proposer or entity comprising a Proposer may submit more than one Proposal under the same or different names or participate as a prime Proposer on multiple competing Proposals. This restriction does not prohibit a subcontractor or supplier from participating on more than one Proposal unless otherwise restricted by the RFP.

By submitting a Proposal, the Proposer represents that it has reviewed the requirements of the RFP and possesses, or will timely obtain, the licenses, certifications, permits, bonding capacity, insurance, personnel, equipment, and other resources required for Contract performance.

1.4 No Offer by BJCTA; Firm Proposal

This RFP constitutes a solicitation for competitive proposals and does not constitute an offer by BJCTA to enter into a Contract.

Submission of a Proposal does not create a contractual relationship between BJCTA and any Proposer and does not obligate BJCTA to make an award.

Each Proposal submitted shall constitute a firm offer by the Proposer and shall remain valid and available for acceptance by BJCTA for one hundred twenty (120) calendar days following the Proposal

Submission Deadline unless otherwise extended by written agreement between BJCTA and the Proposer.

1.5 Proposal Security; Performance and Payment Bonds

A. Proposal/Bid Bond

Pursuant to Ala. Code §39-2-4(a), each Proposer shall submit with its Proposal a Proposal guaranty in the form of either: (1) a cashier’s check drawn on an Alabama bank; or (2) a Bid Bond executed by a surety company duly authorized and qualified to issue surety bonds in the State of Alabama.

The Proposal guaranty shall be made payable to the Birmingham-Jefferson County Transit Authority

(BJCTA), as the awarding authority, in an amount not less than five percent (5%) of BJCTA’s estimated cost of the Project or five percent (5%) of the Proposer’s total proposed Contract Price, as applicable, but in no event shall the required Proposal guaranty exceed Ten Thousand Dollars ($10,000).

B. Performance and Payment Bonds

Prior to commencement of the Work and as a condition of Contract execution, the successful Proposer shall furnish:

• A Performance Bond equal to one hundred percent (100%) of the Contract Sum; and

• A Payment Bond equal to one hundred percent (100%) of the Contract Sum.

The bonds shall comply with Ala. Code §39-1-1, applicable federal requirements, and the Contract

Each bond shall be issued by a surety authorized and qualified to conduct surety business in the State of

Alabama and acceptable to BJCTA and shall name the Birmingham-Jefferson County Transit Authority as obligee.

Failure of the successful Proposer to timely provide the required bonds or otherwise satisfy the conditions for Contract execution may result in withdrawal of the intended award, enforcement of applicable proposal-security remedies, or other action available to BJCTA under the RFP, applicable law, and the Contract

Documents.

The Performance Bond and Payment Bond are separate from the Proposal/Bid Bond and are not required to be submitted in executed form with the Proposal unless expressly stated otherwise.

1.6 Additional Documentation Following Selection

The successful Proposer shall promptly provide all post-selection and pre-Contract documentation required by BJCTA, including, as applicable:

• Performance and Payment Bonds;

• Certificates of Insurance and required endorsements;

• Alabama business authorization and contractor licensing documentation;

• E-Verify/immigration compliance documentation;

• DBE documentation;

• Updated subcontractor information;

• Federal certifications;

• Schedule of Values;

• Project schedule;

• Required Contract forms; and

• Any other documentation required by the RFP, Contract Documents, applicable law, or BJCTA.

Selection for potential award does not authorize the Proposer to begin Work. No Work shall commence until the Contract has been fully executed and BJCTA has issued a written Notice to Proceed.

1.7 Restrictions on Communications

From issuance of this RFP through completion of the procurement and award process, Proposers and their representatives shall not communicate regarding this procurement with BJCTA Board members, employees, consultants, the Architect/Engineer, or other representatives except as expressly authorized by the Director of Procurement.

All questions, requests for clarification, and other procurement-related communications shall be submitted through the BJCTA PlanetBids Vendor Portal by the deadline established in the RFP schedule.

BJCTA's official responses to questions and material clarifications or modifications to the RFP will be issued through written Addenda posted through PlanetBids.

Proposers are responsible for monitoring PlanetBids and obtaining and acknowledging all Addenda.

No Proposer may rely upon oral statements, interpretations, instructions, or representations concerning this

RFP.

Following receipt of Proposals, BJCTA may communicate with Proposers as permitted by the RFP for purposes including clarification, evaluation, responsibility review, discussions, negotiations, or requests for revised proposals or Best and Final Offers (“BAFOs”), if BJCTA elects to conduct such activities.

Unauthorized communication may result in rejection of a Proposal or other appropriate action.

1.8 Proposal Submission Deadline

All Proposals shall be submitted electronically through BJCTA's PlanetBids Vendor Portal no later than the date and time specified in the RFP schedule.

Proposals received after the established deadline will not be accepted except as otherwise permitted by applicable law and BJCTA's established procurement procedures.

Because this procurement is being conducted as a competitive Request for Proposals, Proposals will not be publicly opened and prices will not be read aloud at the submission deadline.

BJCTA will document receipt of Proposals and maintain Proposal information in accordance with applicable procurement procedures and public-records requirements.

1.9 Ownership of Proposals and Cost of Preparation

All Proposals and materials submitted in response to this RFP shall become the property of BJCTA, subject to applicable public-records and confidentiality requirements.

BJCTA shall not be responsible for any costs incurred by a Proposer in preparing or submitting a Proposal, participating in interviews, presentations, discussions, negotiations, BAFOs, or otherwise participating in this procurement.

All such costs shall be borne solely by the Proposer.

1.10 Rejection of Proposals; Cancellation; Irregularities

BJCTA reserves the right, subject to applicable federal and state law, to:

1. Reject any or all Proposals;

2. Cancel this RFP when determined to be in BJCTA's interest and properly documented;

3. Reject a Proposal that fails to comply with a material requirement of the RFP;

4. Waive or permit correction of minor informalities or irregularities when legally permissible and when doing so does not prejudice other Proposers;

5. Request clarification or additional information concerning a Proposal;

6. Verify information submitted by a Proposer;

7. Conduct responsibility reviews;

8. Establish a competitive range, if appropriate;

9. Conduct discussions or negotiations with Proposers within the competitive range;

10. Request revised Proposals or BAFOs;

11. Award without discussions based upon initial Proposals when permitted by the RFP;

12. Modify this RFP by written Addendum prior to the Proposal Submission Deadline; and

13. Take other action permitted by applicable law and BJCTA procurement procedures.

BJCTA will evaluate Proposals only in accordance with the evaluation factors disclosed in this RFP.

1.11 Federal Civil Rights and Nondiscrimination Requirements

The successful Proposer shall comply with all applicable federal civil rights and nondiscrimination requirements imposed by the Contract Documents, applicable federal law, U.S. Department of

Transportation requirements, FTA requirements, and BJCTA policies.

Applicable requirements concerning race, color, national origin, sex, age, disability, accessibility, limited

English proficiency, and other federally protected classifications shall be incorporated into the Contract through BJCTA's Federal Contract Requirements.

Procurement Note: The detailed federal civil-rights language previously contained in Part 1 should be relocated to the Federal Contract Requirements section rather than repeated in the Proposal Instructions.

The applicable current clauses should be verified against BJCTA's current FTA clause matrix before advertisement.

1.12 RFP Procurement Schedule

The anticipated procurement schedule is as follows:

Scheduled Event Date

RFP Issued / Advertised through PlanetBids and applicable media Tuesday, 10/06/2026

Pre-Proposal Conference Thursday, 10/22/2026 / 10:00 am

Deadline for Written Questions / Requests for Clarification Thursday, 11/05/2026 / 3:00 pm

BJCTA Responses / Addendum Posted to PlanetBids Wednesday, 11/11/2026 / 5:00 pm

Proposal Submission Deadline Thursday, 11/19/2026 / 2:00 pm

Anticipated Board Approval Thursday, 12/17/2026

BJCTA reserves the right to modify this schedule by Addendum or other appropriate written notice.

PART 2 – CONTENT OF PROPOSALS AND SUBMITTAL REQUIREMENTS

2.1 General Proposal Requirements

Each Proposer shall submit a complete Proposal in the form and sequence prescribed by this RFP.

The Proposal shall contain sufficient information for BJCTA to evaluate the Proposer's technical approach, relevant experience, past performance, project team, management capability, schedule, financial capacity, price, compliance with the Contract Documents, and overall ability to successfully perform the Project.

Proposals should be clear, concise, responsive, and organized according to the following sections.

2.2 Proposal Format and Required Content

A. Title Page

Include:

• RFP number and Project title;

• Proposer's legal name and address;

• Authorized contact person's name, title, telephone number, and email address; and

• Proposal submission date.

B. Table of Contents

Provide a detailed Table of Contents identifying each Proposal section and corresponding page number.

C. Transmittal Letter

Submit a signed Transmittal Letter on the Proposer's letterhead that:

• Identifies the legal entity submitting the Proposal;

• Confirms the Proposer's understanding of the Project;

• Confirms the Proposer's commitment to perform the Work within the proposed Contract Time;

• Confirms the Proposal will remain valid for 120 calendar days;

• Identifies the individual authorized to negotiate and contractually bind the Proposer; and

• Acknowledges receipt of all Addenda.

D. Executive Summary

Provide a concise overview of the Proposer, its qualifications, relevant CNG construction experience, proposed team, and the principal strengths and benefits of its Proposal.

The Executive Summary shall identify:

• Legal name and organizational structure;

• State of organization;

• Years in business;

• Primary office responsible for the Project;

• Primary Proposal contact; and

• Members of any joint venture or partnership.

E. Technical Approach and Understanding of the Project

Provide a detailed narrative demonstrating the Proposer's understanding of the Project and approach to successfully completing the Work.

At a minimum, address:

1. Understanding of the CNG Station construction scope;

2. Proposed construction methodology and sequencing;

3. Site logistics and coordination;

4. CNG equipment installation and system integration;

5. Utility coordination;

6. Quality-control/quality-assurance approach;

7. Safety management, including CNG-specific construction hazards;

8. Testing, startup, commissioning, and acceptance;

9. Coordination with BJCTA and the Architect/Engineer;

10. Approach to maintaining the Project schedule;

11. Management of subcontractors and suppliers;

12. Risk identification and mitigation;

13. Training, O&M documentation, warranties, and closeout; and

14. Any proposed value-added features or approaches that do not materially deviate from the

Contract Documents.

Any proposed exception or deviation from a material requirement of the Contract Documents must be clearly identified in the manner required by the RFP.

F. Organizational Structure and Key Personnel

Provide:

1. Project organizational chart;

2. Identification of the Project Manager, Superintendent, Safety Manager, Quality-Control personnel, commissioning personnel, and other key personnel;

3. Resumes describing relevant qualifications, licenses, certifications, education, and experience;

4. Identification of each individual's proposed role and authority;

5. Availability and anticipated commitment to this Project; and

6. Identification of major subcontractors and specialty CNG contractors, if known.

BJCTA may evaluate both the qualifications of the proposed individuals and their demonstrated experience performing comparable work.

G. Relevant Experience and Past Performance

Provide information for at least three (3) comparable projects, with preference given to CNG fueling facilities and other technically complex transit or fueling infrastructure projects.

For each project provide:

• Owner/client;

• Project name and location;

• Description and scope;

• Original and final contract value;

• Start and completion dates;

• Delivery method;

• Proposer's role;

• Key personnel who also are proposed for this Project;

• Significant change orders or schedule issues and explanation, if applicable; and

• Owner reference name, telephone number, and email address.

BJCTA reserves the right to contact listed and unlisted references and consider documented information concerning the Proposer's past performance.

H. Project Management and Schedule

Provide the Proposer's proposed management approach and preliminary Project schedule.

The schedule should identify major activities and milestones, including:

• Mobilization;

• Procurement of long-lead equipment;

• Site/civil work;

• Utility work;

• Structural/concrete work;

• CNG equipment delivery and installation;

• Electrical and controls;

• System integration;

• Testing;

• Startup and commissioning;

• Training;

• Substantial Completion; and

• Final Completion.

A simplified Gantt chart or comparable schedule format is acceptable.

The Proposer shall identify known schedule risks and explain how those risks will be mitigated.

I. Financial Capacity

Provide sufficient financial information to allow BJCTA to evaluate the Proposer's financial ability to successfully perform the Contract.

BJCTA may require:

• Audited financial statements for the most recent three fiscal years;

• Current interim financial information when the latest audited statements are not current;

• Commercial banking reference;

• Bonding-capacity information; and

• Disclosure of material contingent liabilities that could reasonably affect Contract performance.

Financial information designated by a Proposer as confidential will be handled in accordance with applicable law. Designation by the Proposer does not, by itself, determine whether information is exempt from disclosure.

BJCTA may request additional financial information during its responsibility review.

J. Required Certifications and Forms

Submit all certifications, affidavits, acknowledgments, proposal security, licensing information, federal forms, and other documentation required by Part 4.

K. Price Proposal

The Price Proposal shall be submitted using the BJCTA-prescribed Price Proposal Form.

Failure to submit the required Price Proposal may result in rejection of the Proposal.

L. Alabama General Contractor License – Mandatory Requirement

The Proposer is advised that this Project is subject to the applicable provisions of Title 34, Chapter 8, Code of Alabama 1975, as amended.

Pursuant to Ala. Code § 34-8-8, a general contractor required to be licensed under Alabama law must provide evidence of the required license before its Proposal may be considered. The Proposer shall include its current Alabama General Contractor license number on its Proposal and shall submit the Alabama

General Contractor License Information and Certification required by this RFP.

BJCTA will verify the license information prior to considering the Proposal for award. A Proposal that fails to contain the current license number of the general contractor submitting the Proposal shall be subject to rejection as required by applicable Alabama law.

Pursuant to Ala. Code § 34-8-6, Alabama-licensed contractors are required to include their license number in construction contracts, subcontracts, bids, and proposals.

The successful Proposer shall maintain all required contractor licenses and classifications throughout performance of the Contract.

PART 3 – EVALUATION, SELECTION, AND SPECIAL CONDITIONS

3.1 Evaluation and Selection Process

BJCTA will evaluate Proposals in accordance with the evaluation factors and relative importance disclosed in this RFP.

The evaluation process may include:

1. Initial review for completeness and material compliance;

2. Responsibility and minimum-qualification review;

3. Technical evaluation;

4. Evaluation of experience and past performance;

5. Evaluation of key personnel and management approach;

6. Evaluation of Project schedule and risk-management approach;

7. Evaluation of Price Proposals;

8. Reference checks;

9. Clarifications;

10. Interviews or presentations, if determined necessary;

11. Establishment of a competitive range, if appropriate;

12. Discussions or negotiations, if conducted;

13. Requests for revised Proposals or BAFOs, if appropriate; and

14. Final evaluation and recommendation for award.

BJCTA may make award based upon initial Proposals without conducting discussions. Accordingly, each Proposer should submit its best technical and price Proposal initially.

Award, if made, will be to the responsible Proposer whose Proposal is determined to be most advantageous to BJCTA, considering price and all other evaluation factors identified in the RFP, subject to required approvals.

3.2 Evaluation Criteria

Please see Part 3: Proposal Evaluation Criteria.

Minimum qualifications, required licenses, proposal security, required certifications, bonding capability, debarment status, and other mandatory requirements may be evaluated separately on a Pass/Fail basis rather than scored.

3.3 Personnel

The successful Proposer shall provide and maintain qualified personnel necessary to successfully perform the Work.

Key personnel identified in the Proposal shall be considered material to BJCTA's evaluation and selection.

Following award, substitution of key personnel shall require BJCTA's prior written approval when required by the Contract Documents.

Any proposed replacement shall possess qualifications and experience equal to or greater than those of the individual being replaced.

3.4 Public Records and Proprietary Information

Proposals and related procurement records shall be maintained and disclosed in accordance with applicable federal and Alabama public-records law.

A Proposer may specifically identify information it believes constitutes confidential, proprietary, privileged, trade-secret, or otherwise legally protected information and shall identify the legal basis supporting the requested protection.

A blanket designation of an entire Proposal as “confidential” or “proprietary” is not acceptable.

A Proposer's designation shall not be binding upon BJCTA. BJCTA will determine disclosure obligations in accordance with applicable law.

Nothing in this provision requires BJCTA to disclose information that is exempt, confidential, privileged, security-sensitive, or otherwise protected from disclosure under applicable law.

3.5 Employment/Ethics Restrictions

LEGAL REVIEW REQUIRED BEFORE ADVERTISEMENT.

Any post-employment, conflict-of-interest, revolving-door, or other ethics restriction applicable to

Proposers and Contractors shall be stated in accordance with BJCTA's established ethics policies and applicable law.

The previous one-year Employment Restriction Warranty should not automatically be incorporated into the final RFP unless BJCTA Legal confirms its authority and applicability.

3.6 Language and Currency

All Proposals, Contract documents, required reports, formal communications, and other required written deliverables shall be in the English language.

All prices and monetary amounts shall be stated in United States dollars.

3.7 DBE Participation

No contract-specific DBE goal has been established for this solicitation

Notwithstanding the absence of a numerical contract-specific goal, the successful Proposer shall comply with all applicable DBE nondiscrimination and other requirements imposed by 49 CFR Part 26, BJCTA's approved DBE Program, and the Contract Documents.

PART 4 – PROPOSAL SUBMITTAL FORMS AND CONTRACT DOCUMENTS

The following forms and documents are included or incorporated into this RFP, as applicable. Please make sure all required forms and documents are included in your proposal submittal.

A - PRICE & PROPOSAL SECURITY

1. Proposal Cover Sheet

2. Attachment A - Price Proposal Form / Schedule of Prices

3. Attachment B - Proposal/Bid Bond

4. Civil Unit Price Allowance Items

B - PROPOSAL FORMS & CERTIFICATIONS

5. Attachment C - Acknowledgment of Addenda

6. Attachment D - Vendor Registration Form

7. Attachment E - Conflict of Interest Disclosure

8. Attachment F - Immigration Compliance / E-Verify Affidavit

9. Attachment G - Non-Collusion Affidavit

10. Attachment H - Debarment and Suspension Certification

11. Attachment I - Byrd Anti-Lobbying Certification

12. Attachment J - Disclosure of Lobbying Activities / SF-LLL, if applicable

13. Attachment K - EEO / Civil Rights Certification

14. Attachment L - Buy America/Build America (BABA) Certification

15. Attachment M - Alabama Contractor License Information / Certification

16. Attachment N - Federal Labor Standards / Davis-Bacon Acknowledgment

C - QUALIFICATIONS & RESPONSIBILITY FORMS

17. Proposer Qualifications and Experience

18. Key Personnel

19. Reference / Past Performance

20. Technical Proposal Requirements

21. Project Schedule Requirements

22. Financial Capacity

23. Attachment O - Insurance Requirements Acknowledgment

24. Attachment P - Authority to Conduct Business in Alabama Certification

25. Attachment Q - Subcontractor/Supplier Disclosure Form

26. Any other forms or certifications identified in the RFP

D - POST AWARD FORMS PROVIDED FOR INFORMATION

27. Attachment R – Performance Bond Form

28. Attachment S – Payment Bond Form

29. Attachment T – Proposed/Sample Contract Agreement

30. AIA Document A101–2017 - Standard Form of Agreement Between Owner and Contractor

31. AIA Document A201–2017 – General Conditions of the Contract for Construction

32. Federal Contract Requirements

33. Attachment U - Applicable Wage Determination

Important Distinction Regarding Bonds

The Proposal/Bid Bond is submitted with the Proposal when required and the original must be submitted before Proposal Opening.

The Performance Bond and Payment Bond forms may be included in the RFP so Proposers know the required forms and obligations; however, the executed Performance and Payment Bonds are provided by the successful Proposer following selection and as a condition of Contract execution, not by every

Proposer with its Proposal.

SECTION 00 0100 - INSTRUCTIONS TO PROPOSERS

A. Drawings and general provisions of the Contract, including the General Conditions, Supplementary

Conditions, Division 01 General Requirements, Federal Contract Requirements, and other Contract

Documents, apply to this Section.

1.01 Intent

A. These Instructions to Proposers establish requirements for preparation, submission, evaluation, clarification, and consideration of Proposals submitted in response to BJCTA's Request for Proposals for the Forestdale CNG Station Construction Project.

B. Proposers shall examine and comply with all requirements of the RFP, Drawings, Specifications, Addenda, Proposal Forms, Federal Contract Requirements, and other documents comprising the solicitation.

C. BJCTA intends to award a construction Contract to the responsible Proposer whose Proposal is determined to be most advantageous to BJCTA, price and other evaluation factors considered, in accordance with the evaluation criteria stated in the RFP and subject to all required approvals.

1.02 Scope And Price Proposal

A. Each Proposer shall submit a complete Price Proposal for construction of the MAX Forestdale CNG

Station Project at the Project location identified in the Contract Documents.

B. The Price Proposal shall include all labor, supervision, materials, equipment, tools, transportation, permits, bonds, insurance, overhead, profit, testing, commissioning, temporary facilities, coordination, closeout, warranties, and incidental costs necessary for complete performance of the

Work except where the Contract Documents expressly provide otherwise.

C. Proposers shall coordinate their Technical and Price Proposals with all requirements of the Drawings, Specifications, Contract Documents, and Addenda.

D. Any proposed exception, qualification, assumption, or deviation shall be clearly identified on the

Proposal Exceptions/Deviations Form. Failure to identify a proposed exception shall constitute the

Proposer's agreement to comply with the applicable requirement, subject to the final executed

Contract.

1.03 Pre-Proposal Conference and Site Visit

A. BJCTA will conduct a non-mandatory Pre-Proposal Conference at the date, time, and location identified in the RFP Procurement Schedule. Virtual participation may be available as identified in the solicitation.

B. The Pre-Proposal Conference is intended to provide prospective Proposers with information concerning the Project and procurement procedures. Attendance is encouraged but is not a prerequisite to submission of a Proposal unless BJCTA expressly provides otherwise by Addendum.

C. Statements made during the Pre-Proposal Conference shall not modify the RFP or Contract

Documents. Any material interpretation, clarification, or modification will be issued only through a written Addendum by BJCTA Procurement.

1.04 Proposal Security

A. Each Proposer shall provide proposal security in the form and amount required by applicable

Alabama Public Works Law and this RFP.

B. The proposal guaranty shall be payable to the Birmingham-Jefferson County Transit Authority and shall comply with applicable requirements of Ala. Code §39-2-4.

C. For electronic Proposal submission, the Proposer shall upload a scanned copy of the required proposal guaranty through PlanetBids and shall provide the original security in the manner and by the deadline stated in the RFP.

D. Failure to provide required proposal security may result in rejection of the Proposal when required by applicable law or the material requirements of this solicitation.

E. The successful Proposer shall furnish the Performance and Payment Bonds required by the Contract

Documents as a condition of Contract execution. Performance and Payment Bonds are separate from proposal security and are not required to be submitted in executed form with the Proposal unless expressly required by the RFP.

1.05 Proposal Submission, Modification, And Withdrawal

A. Proposals shall be submitted electronically through the BJCTA PlanetBids Vendor Portal no later than the date and time established in the RFP Procurement Schedule.

B. Proposers are responsible for allowing sufficient time for electronic transmission and successful submission of their Proposals.

C. A Proposer may modify or withdraw its Proposal through PlanetBids prior to the Proposal

Submission Deadline in accordance with the system's procedures.

D. Proposals received after the established deadline will not be accepted except as otherwise permitted by applicable law and BJCTA procurement procedures.

E. Proposals shall remain firm and available for acceptance for one hundred twenty (120) calendar days following the Proposal Submission Deadline unless extended by written agreement.

F. Because this procurement is being conducted through competitive proposals, Proposals will not be publicly opened and Proposal prices will not be publicly read aloud at the submission deadline.

1.06 Evaluation and Selection

A. BJCTA will evaluate Proposals only according to the evaluation factors and relative importance disclosed in the RFP.

B. The evaluation may include review of:

• Technical approach and understanding of the Project;

• Relevant CNG and comparable construction experience and past performance;

• Key personnel, Project organization, and management approach;

• Project schedule, construction sequencing, and risk mitigation;

• Quality assurance/quality control, safety, testing, commissioning, and closeout approach;

• Price Proposal; and

• Responsibility and other mandatory requirements identified in the RFP.

C. BJCTA may evaluate certain mandatory requirements on a Pass/Fail basis separately from scored evaluation factors.

D. BJCTA may conduct reference checks and responsibility investigations and may request clarification or additional information as permitted by the RFP.

E. If BJCTA determines discussions are necessary, BJCTA may establish a competitive range consisting of the Proposers having a reasonable opportunity for award based upon the evaluation factors stated in the RFP.

F. If discussions are conducted, BJCTA will conduct them in accordance with its established procurement procedures and applicable federal requirements. BJCTA may request revised Proposals or Best and Final Offers from Proposers remaining in the competitive range.

G. BJCTA reserves the right to make award based upon initial Proposals without discussions. Proposers should therefore submit their best Technical and Price Proposals initially.

H. Award, if made, will be made to the responsible Proposer whose Proposal is determined to be most advantageous to BJCTA, price and other disclosed evaluation factors considered, subject to applicable law and required BJCTA approvals.

1.07 Price Proposal Evaluation and Price Reasonableness

A. BJCTA will evaluate the Price Proposal in accordance with the evaluation methodology disclosed in the RFP.

B. BJCTA will perform the cost or price analysis required by applicable federal procurement requirements before Contract award.

C. BJCTA may compare proposed prices with the Independent Cost Estimate, competitive Proposal prices, historical pricing, published market information, or other appropriate data in determining price reasonableness.

D. BJCTA may request information reasonably necessary to evaluate price or cost when adequate price competition does not exist or when otherwise required to establish price reasonableness.

E. Materially unbalanced pricing may be considered in BJCTA's evaluation where the pricing creates unacceptable cost or performance risk to the Authority.

F. Proposers shall not be required to submit certified cost or pricing data unless BJCTA determines such information is required and requests it in accordance with applicable requirements.

1.08 Examination of Contract Documents and Project Site

A. Each Proposer is responsible for carefully examining the RFP, Drawings, Specifications, Contract

Documents, Addenda, available Project information, and observable conditions that may reasonably affect performance of the Work.

B. Where BJCTA provides a non-mandatory site visit, Proposers are encouraged to inspect the Project site and familiarize themselves with observable site conditions.

C. Submission of a Proposal constitutes acknowledgment that the Proposer has reviewed the solicitation documents and has obtained the information reasonably necessary to prepare its Proposal.

D. Nothing in this Section shall require a Proposer to discover concealed, subsurface, or otherwise unknown conditions that could not reasonably be identified from the information provided by BJCTA or through an authorized site inspection.

E. Questions concerning discrepancies, ambiguities, conflicts, or omissions shall be submitted through

PlanetBids in accordance with Section 1.09.

F. Compliance of the design documents with applicable accessibility and building-code requirements remains subject to the respective professional responsibilities established by the Contract Documents.

The Contractor remains responsible for compliance applicable to its means, methods, workmanship, substitutions, delegated design, and construction activities.

1.09 Questions, Interpretations, and Addenda

A. All questions, requests for interpretation, substitution requests, and requests for clarification concerning this RFP shall be submitted in writing through PlanetBids by the deadline established in the RFP Procurement Schedule.

B. Only written Addenda issued by BJCTA Procurement may modify or interpret the solicitation.

C. Neither BJCTA, the Architect/Engineer, Program Manager, Construction Manager, nor any other representative is authorized to modify the solicitation through oral statements.

D. BJCTA will post issued Addenda through PlanetBids. Each Proposer is responsible for monitoring the Vendor Portal and acknowledging all Addenda as required by the RFP.

E. No Proposer may rely upon an oral interpretation or representation concerning the RFP or Contract

1.10 Product Substitutions and Proposed Equivalents

A. Requests for approval of proposed products, materials, equipment, or systems differing from those identified in the Contract Documents shall be submitted through PlanetBids by the deadline established for such requests.

B. Each request shall contain sufficient technical information to demonstrate that the proposed item satisfies or exceeds the applicable performance, quality, compatibility, safety, warranty, maintainability, and other requirements of the Contract Documents.

C. Approval of a pre-Proposal substitution or equivalent that materially affects competition will be communicated through Addendum when appropriate.

D. A Proposer shall not assume approval of a proposed substitution or deviation unless BJCTA has provided written authorization in accordance with the RFP.

1.11 Protests

Protests concerning this solicitation, evaluation, proposed award, or other procurement action shall be submitted in accordance with BJCTA's established Procurement Protest Procedures.

1.12 Public Records

BJCTA is a public entity subject to applicable Alabama public-records requirements and other applicable federal and state laws governing records and disclosure.

Proposals and other information submitted to or maintained by BJCTA in connection with this procurement or the resulting Contract may constitute public records subject to disclosure as required by applicable law.

A Proposer may specifically identify information it believes is confidential, proprietary, privileged, trade-secret, or otherwise legally protected and shall identify the legal basis for the requested protection.

A blanket designation of an entire Proposal as confidential or proprietary is not acceptable unless supported by applicable law.

A. Proposer's designation shall not be binding upon BJCTA. BJCTA shall determine its disclosure obligations in accordance with applicable law.

Nothing in this Section requires BJCTA to disclose information that is confidential, privileged, security-sensitive, or otherwise exempt from disclosure under applicable law.

1.13 Restrictions on Communication / Cone of Silence

A. From issuance of this RFP through completion of the procurement and award process, Proposers and their representatives shall not communicate regarding this procurement with BJCTA Board members, employees, consultants, the Architect/Engineer, Program Manager, Construction Manager, or other

BJCTA representatives except as expressly authorized in the RFP.

B. All procurement-related questions and requests for clarification shall be submitted through

PlanetBids to BJCTA Procurement.

C. Authorized communications include communications occurring through the formal RFP process, including the Pre-Proposal Conference, written questions and responses, presentations, interviews, clarifications, discussions, negotiations, BAFOs, protests, and other communications specifically authorized by BJCTA Procurement.

D. Unauthorized communications may result in rejection of a Proposal or other action permitted by

BJCTA policy and applicable law.

1.14 Federal and State Requirements

A. This Project is funded in whole or in part with federal financial assistance. The successful Proposer shall comply with all applicable federal requirements incorporated into the RFP and resulting

Contract.

B. Applicable requirements may include, without limitation, Davis-Bacon and Related Acts requirements, federal civil-rights requirements, DBE requirements under 49 CFR Part 26, applicable domestic-preference requirements, debarment and suspension, lobbying restrictions, and other provisions identified in the Federal Contract Requirements.

C. No contract-specific DBE goal has been established for this solicitation unless otherwise stated by

Addendum or in the final RFP. The absence of a numerical contract goal does not eliminate applicable DBE nondiscrimination or other requirements.

D. The successful Proposer shall comply with applicable Alabama public-works requirements, licensing requirements, E-Verify/immigration requirements, and other state and local requirements incorporated into the Contract Documents.

E. Where federal, state, local, or Contract requirements overlap or differ, the Contractor shall comply with the applicable requirements as determined under the Contract Documents and applicable law.

1.15 Notice to Proceed

A. Selection, Board approval, Notice of Award, or execution by the Contractor does not authorize commencement of Work.

B. The Contractor shall not commence Work until the Contract has been fully executed by BJCTA and

BJCTA has issued a written Notice to Proceed or Limited Notice to Proceed expressly authorizing the applicable Work.

C. Any Limited Notice to Proceed shall identify the specific activities authorized and shall not authorize additional Work beyond its stated scope.

SECTION 00 2200 – PROPOSAL EVALUATION AND SELECTION

PART 1 – GENERAL

1.01 PURPOSE

A. This Section establishes the procedures and criteria that the Birmingham-Jefferson County Transit

Authority (“BJCTA” or “Authority”)…