Project Information

Bid Title

RFP: Fuel Farm

Issuing Agency

Birmingham Airport Authority

Location

Alabama

Published Date

Sep 26, 2025

Closing Date

Dec 18, 2025

Government Level

State & Local

Status

Closed

Original Source

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Bid Documents

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Project Description

RFP: Fuel Farm (09/29/2025)

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Request for Proposal (RFP)

For Design-Build of

Three (3) 25,000 Gallon Jet A Tanks at Fuel Farm B and

Two (2) 25,000 Gallon Jet A Tanks at Fuel Farm C

Birmingham Airport Authority

Request for Proposal Issued: September 29, 2025

Mandatory Pre-Bid and Site Visit: October 23, 2025

Questions Deadline: November 13, 2025

Proposals Due: December 18, 2025

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I. Introduction

A. Project Description

The Birmingham Airport Authority (“BAA”) is requesting proposals herein (this “RFP”) for

the design and construction under a Design-Build Contract for (i) three (3) 25,000 gallon

Jet A fuel tanks at Fuel Farm B that will interconnect to the existing fuel farm system, and

(ii) two (2) 25,000 gallon Jet A fuel tanks at Fuel Farm C that will operate as a separate

fuel farm system (the “Project”) at the Birmingham Shuttleworth International Airport

(the “Airport”).

The goal of this procurement effort is to enter into a Design-Build Contract with the best-

valued Design-Builder to perform the services and work described in this RFP.

B. Proposed Scope of Work

See Appendix A attached to this RFP and made a part hereof (the “Scope of Work”).

C. Completion of Project

The anticipated date of completion of the Project described in this RFP is November

2026.

D. General Conditions of RFP

i. Terms and Conditions: Design-Builder agrees to abide by all of the terms and

conditions contained in this RFP. Any exceptions to the requirements of this RFP, or

the BAA’s terms and conditions of this RFP, shall be noted in writing, with a detailed

explanation, and included with the Design-Builder’s response to this RFP (the

“Proposal”). The Design-Builder acknowledges that taking exceptions to this RFP may

subject the Proposal to rejection by the BAA.

ii. Discussions and Questions: All questions regarding this RFP must be submitted in

writing and directed to the Birmingham Airport Authority Purchasing Department at

eseoane@flybhm.com in order to be considered. The Design-Builder shall not attempt

to discuss any aspects of this RFP with any party other than the designated recipient

at the foregoing email address. No verbal agreements will be considered during the

RFP and Proposal process. BAA reserves the right to reject any Proposal of any Design-

Builder violating this provision.

iii. Completeness: All requested information and required forms included in this RFP

must be completed, signed, and submitted with this document to constitute a proper

Proposal. The entire package must be complete with all required forms, signatures,

and information. Failure to complete or comply with any part of the specifications or

requirements in this RFP may constitute a basis for rejection of the Proposal. It is

within the right of the BAA to reject any Proposal to this RFP.

iv. Errors: Design-Builder and its authorized representatives are expected to fully inform

themselves as to the conditions, requirements, and specifications of the Project before

submitting a Proposal. Design-Builder is cautioned not to obliterate, erase, or strike‐

over any printed material as set forth in this RFP. In quoting prices, wherever Design-

Builder has made an error and has corrected the form in this RFP, all such corrections

should be initialed by the person signing this Proposal. If errors occur in the extension

of prices in the Proposal, the unit prices shall govern. Failure to comply with this

provision may result in rejection of Design-Builder’s Proposal. All documents

submitted must be legible.

v. Changes/Modifications: No changes or modifications shall be made to any BAA forms

without the prior written approval of BAA. If changes or modifications are made

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without the prior, written approval of BAA, the Proposal by the Design-Builder may be

rejected.

vi. Addenda: If it becomes necessary to revise any part of this RFP or to provide additional

information to Design-Builders, BAA will issue one or more Addenda to each

prospective Design-Builder. Addenda will be delivered via facsimile, email or mailed

to each Design-Builder. If BAA issues an Addendum, it will be accompanied by an

Acknowledgement and Receipt of Addendum Form that must be completed by Design-

Builder and submitted with its Proposal.

vii. Compliance with Laws: The Design-Builder shall obtain and maintain all licenses,

permits, liability insurance, and workers’ compensation insurance, and maintain

compliance with any other federal, state, or local requirements in connection with the

submission of its Proposal and thereafter during the term of the Design-Build Contract

if the successful bidder. Without limiting the foregoing, Design-Builder shall include

on the outside of the Proposal, the number of its license issued by the Alabama State

Licensing Board for General Contractors, including the category and bid limit. Failure

to include a license number, category and bid limit will result in rejection of the Design-

Builder’s Proposal.

viii. Specifications: Whenever in this RFP or the Design-Build Contract mention is made

of any supplies, materials, equipment or workmanship being in accordance with

applicable laws, ordinances, codes, regulations, etc., that requirement shall be

construed to be the minimum requirements and specifications for such supplies,

materials, equipment, and workmanship for this Project.

ix. Quality: All supplies, materials, and equipment used for the manufacture or

construction of the Project shall be new unless otherwise specified to the contrary in

this RFP. All supplies and materials shall be of the best quality, and all services shall be

of the highest grade of workmanship, that meets the specifications for this

Project. Supplies, materials, and services must comply with all applicable Federal,

State, and OSHA requirements.

x. Submitted Material: All requests, Proposals, inquiries, or correspondence relating to,

or in reference to this RFP submitted by Design-Builders shall become the property of

BAA when received. Once an award is made, all excess copies of such materials may

be destroyed.

xi. Disclaimer: This is a Request for Proposals. This is not an offer or contract. The

submission of a Proposal in response to this process does not impose any legal

obligations upon BAA, nor does it create any contractual or quasi-contractual

relationship between BAA and any Design-Builder. BAA reserves the right to reject or

disregard any or all Proposals, to negotiate with any or all Design-Builders, and/or to

enter a contract or contracts with any Design-Builder or Design-Builders for any or all

of the services described herein. BAA is not obligated to respond to any statement or

Proposal. This RFP is subject to errors, omissions, modifications, withdrawal, or

cancellation without notice.

xii. No Reimbursement: BAA will not reimburse the Design-Builder for any costs

associated with the preparation and submittal of any Proposal or RFP response, or for

any travel and/or per diem costs that are incurred.

E. General Terms of Design-Build Contract

The form of Design-Build Contract will be provided by BAA and negotiated with the

successful Design-Builder. The Design-Build Contract shall include, among other terms,

the following:

i. Acceptance of Materials: Any materials and equipment delivered to the Project site

shall remain the property of the Design-Builder pending physical inspection and

acceptance of the same to the satisfaction of BAA. In the event any materials or

equipment supplied are found to be defective or not in conformance with applicable

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specifications, BAA reserves the right to cancel the order for such materials or

equipment upon written notice to the Design-Builder and return the materials or

equipment to the Design-Builder at the Design-Builder’s expense, and to invoke the

provisions of the Default section below.

ii. Default: Any Design-Build Contract made between BAA and the Design-Builder may be

cancelled by BAA in whole or in part via written notice, upon the Design-Builder’s non‐

performance or violation of any Design-Build Contract terms; provided, however, the

Design-Builder will be given 15 days to rectify the non- performance or violation. An

award may be made to the lowest responsive Design-Builder for materials, equipment,

or services specified in this RFP, and purchases may be made on the open market. If a

Design-Build Contract is terminated for the default of Design-Builder, Design-Builder

shall be liable to BAA for any costs and expenses of cover, costs to hire a replacement

Design-Builder to BAA, and costs in excess of the Contract Sum set forth in the Design-

Build Contract that is terminated for Design-Builder’s default. The Design-Builder shall

continue the performance of the Design-Build Contract to the extent any part is not

terminated under the provisions of this clause.

iii. Termination of Design-Build Contract: In addition to any other rights and remedies

allowed by law, BAA may terminate the Design-Build Contract at any time for any

reason, or no reason, with or without cause, without penalty or expense to BAA of any

kind whatsoever, by giving at least fifteen (15) days written notice to Design-Builder of

such termination and specifying the effective date of the termination. Termination of

the Design-Build Contract shall release BAA from any further fees to be paid to Design-

Builder after the date of termination, other than any unpaid fees earned for Work

which was satisfactorily performed prior to the effective date of the termination and

equipment and materials delivered to the Project site and accepted by BAA.

iv. Guarantee: Design-Builder shall unconditionally guarantee the materials and

workmanship on all materials and/or services for the Design-Builder’s specified

guarantee period, which period shall be one year from substantial completion of the

Project. Within the guarantee period, if any defects occur which are due to faulty

material and/or services, Design-Builder shall repair, replace, and/or adjust such faulty

material and/or services to the complete satisfaction of BAA. These repairs,

replacements, or adjustments shall be made only at a time least detrimental to the

operation of the Airport.

v. Add/Delete Items: During the term of the Design-Build Contract, items and/or

services may be added and/or deleted to the Design-Build Contract upon agreement

between the successful Design-Builder and BAA as set forth in a Change Order.

vi. Outside Estimates: BAA reserves the right to obtain an outside estimate, or to have

material, equipment or services provided outside of the Design-Build Contract when it

is in the best interest of BAA.

II. Special Conditions of this RFP and the Design-Build Contract

i. Indemnification: Design-Builder undertakes and agrees to indemnify, defend and

hold harmless BAA, and any and all of its Board Members, officers and employees,

from and against all suits and causes of action, claims, losses, demands and

reasonable expenses, including but not limited to, reasonable attorney's fees and

reasonable costs of litigation, damage(s) or liability, including but not limited to death

or injury, or for damage to, or destruction of, any property, arising by reasons of the

performance of the Design-Build Contract to the extent caused by the negligent

performance of the Work under the Design-Build Contract on the part of the Design-

Builder, or any of the Design-Builder's subcontractors, consultants, employees, or

anyone for whom the Design-Builder is obligated under the Design-Build Contract and

by law.

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ii. Statutory Immunity: Design-Builder is advised of the statutory immunity from tort

claims applicable to BAA and its directors, which is contained in Sections 4-3-50 and

4-3-47(2) of the Code of Alabama, 1975. BAA SHALL NOT INDEMNIFY AND THERE IS

NO EXPECTATION OF ANY INDEMNIFICATION BEING PROVIDED TO DESIGN-BUILDER

BY BAA UNDER THE DESIGN-BUILD CONTRACT.

iii. Changes and Alterations: BAA reserves the right to make any alterations in this RFP

and the Design-Build Contract as may be necessary due to changing conditions found

during the Project. The Design-Builder shall not claim forfeiture of the Design-Build

Contract by reasons of such changes by BAA. If such changes increase or decrease

the amount of the Work or materials to be delivered under the Design-Build Contract,

the Design-Builder will be paid according to the quantity of materials delivered at the

prices established for such Work under the Design-Build Contract. Any alterations or

changes that diminish the scope of Work or materials shall not constitute a claim for

damages or for the loss of anticipated profits. Any alterations from the Contract Sum

agreed upon in the Design-Build Contract must be submitted in writing and must be

approved by the designated BAA Representative by execution of a Change Order.

iv. Cure and Cover Clause: If Design-Builder fails, or BAA concludes that there is a

reasonable likelihood that Design-Builder will not be able to timely perform its

obligations under the Design-Build Contract, BAA may (in addition to any other

contractual, legal, or equitable remedies) proceed to take any of the following actions

after five (5) days’ written notice to the Design-Builder: (A) Withhold any monies

then or next due to Design-Builder; or (B) Terminate the Design-Build Contract and

obtain the Work or deliverables (or equivalent) or portion thereof (or equivalent)

from a third party, pay the third party for the same, and withhold the amount so paid

from any money then or thereafter due to Design-Builder and hold Design-Builder

liable for any amounts paid to the third party (or parties) to the extent that

withholding payments to Design-Builder does not cover BAA’s cost of cover.

v. BAA Reserves the Right: (a) to award contracts based on Proposals received on

individual items and services or on the entire list of items and services described

herein; (b) to reject any or all Proposals or any part thereof; (c) to waive any

irregularities and/or technicalities in any Proposals; (d) to accept the Proposal that is

in the best interest of BAA; (e) to obtain clarification or additional information for any

Proposals; (f) to contract only for selected items of services and materials, to not

select any Design-Builder, or to not purchase any goods and/or services resulting from

this RFP; (g) to reject any Design-Builder who has previously failed to perform

properly or complete on time projects of a similar nature; and (h) to reject any

Design-Builder whom investigation shows is not in a position to perform the Project

and/or service as specified in this RFP.

vi. Basis of Award: The basis of evaluation will be best value and Design-Builder’s ability

and availability to seek or exceed BAA’s specifications and requirements. The Design-

Build Contract is to be awarded, if at all, to the most responsive and responsible

Design-Builder whose Proposal is evaluated to be the most advantageous to BAA

considering price and other factors. The award can be made to one or multiple

Design-Builders, whichever is in the best interest of BAA. Other suppliers and tertiary

suppliers may be selected to fill orders or provide contracted services if the primary

supplier cannot make provision to BAA when time is of the essence.

vii. Badging Requirements and Fees; Other Expenses: In order to perform Services on-

site in secured areas of BAA’s facilities, Design-Builder personnel and contractors are

required to undergo a background check and obtain a BAA badge allowing them

access to such areas. On completion of the Services, Design-Builder personnel and

contractors are required to turn their badges in to BAA’s security department. Failure

to return a badge on completion of Services will result in a fine to Design-Builder in

the amount of $500 per badge not returned. Design-Builder is responsible for paying

202691910.v2

Commodity Codes

• NAICS 324110Petroleum Refineries

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