Request For Proposals For the Study, Design, And Development Of A Landfill Gas To Energy Project

CITY OF BIRMINGHAM, ALABAMA
PUTTING PEOPLE FIRST
WWW.BIRMINGHAMAL.GOV
REQUEST FOR PROPOSALS FOR THE
STUDY, DESIGN, AND DEVELOPMENT OF A
LANDFILL GAS TO ENERGY PROJECT
RFP ISSUE DATE: Friday, July 10, 2026
QUESTIONS DUE: Friday, August 7, 2026, 5:00 pm (CDT)
ANSWERS TO QUESTIONS DELIVERED: Monday, August 24, 2026, 5:00 pm (CDT)
PROPOSALS DUE: Monday, September 21, 2026, 5:00 pm (CDT)
CITY OF BIRMINGHAM
DEPARTMENT OF PUBLIC WORKS
501 6th AVENUE SOUTH
Birmingham, AL 35205
205-254-6316

REQUEST FOR PROPOSALS
For the Study, Design, and Development of a Landfill Gas to Energy Project
City of Birmingham, Alabama
SCHEDULE
RFP Issue Date: Friday, July 10, 2026
Questions Due: Friday, August 7, 2026, 5:00 pm (CDT)
Answers to Questions posted: Monday, August 24, 2026, 5:00 pm (CDT)
Proposals Due: Monday, September 21, 2026, 5:00 pm
(CDT)
Short Listing: October 5, 2026
Developer Interviews: October 19, 2026
Notice of Award: November 20, 2026
Anticipated Beginning of Contract: January 2, 2027
QUESTIONS
All inquiries regarding this Request for Proposals should be directed to:
Josh D. Yates, Department of Public Works Director
Telephone: (205)-254-6345
E-mail: Joshua.Yates@birminghamal.gov
SUBMISSION
One (1) original and six (6) hard copies (7 total) on 8 1/2" x 11" paper, plus one (1) digital copy
in PDF format on a CD or thumb drive, must be returned in a sealed envelope, and be clearly
marked "STUDY, DESIGN, AND DEVELOPMENT OF A LANDFILL GAS TO ENERGY PROJECT."
Proposals should not exceed 20 pages (excluding attachments), single-sided.
SUBMITTALS MUST BE MAILED OR HAND DELIVERED TO:
Josh D. Yates, Director Department of Public Works
City of Birmingham
Department of Public Works
501 6th Avenue South
Birmingham, Alabama 35205
No proposal shall be received by facsimile or electronic mail
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PROPOSALS RECEIVED AFTER THE DEADLINE WILL BE REJECTED
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TABLE OF CONTENTS
Section 1: Project Background and Description .............................................................................. 4
Section 2: Scope of Services ....................................................................................................... 4
Section 3: Contents for Proposal Packages .................................................................................... 7
Section 4: Submission, Evaluation, and Selection .......................................................................... 12
Section 5: Major Contract Provisions ............................................................................................ 14
Section 6: Protest Procedures ...................................................................................................... 17
Section 7: Required Attachments and Forms ................................................................................ 18
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SECTION 1: PROJECT BACKGROUND AND DESCRIPTION
The City of Birmingham (City) is requesting Qualifications, Experience, and Technical Proposals from
qualified landfill-gas-to energy developers to develop a "Landfill Gas to Energy (LFGE) Project' for
commercial and beneficial use of landfill gas generated at the City's two landfills. The selected Proposer
("Developer") will be expected to finance, design, build, operate and maintain the LFGE facility(s).
The City will be evaluating submissions to this request and will consider those firms deemed most qualified.
The City reserves the right to interview some or all of the prospective LFGE Developers.
The City owns and operates two landfills, the Eastern Area Landfill and New Georgia Landfill. The Eastern
Area Landfill encompasses approximately 370 acres and operates under Alabama Department of
Environmental Management (ADEM) Solid Waste Permit Number: 37-12. The landfill has been in operation
since 1972 and accepts both industrial and municipal solid waste, of which approximately 80% is household
waste. The facility is bounded by the Southern Railway to the north and northwest, Interstate 459 to the
southwest, City of Queenstown to the southeast, and City of Trussville to the northwest. The Seaboard Coast
Rail Line borders the site on the southwest corner of the property.
The New Georgia Landfill encompasses approximately 660 acres and operates under ADEM Solid Waste
Permit Number 37-11. The City initially acquired approximately 300 acres in the present-day footprint of
the Landfill in 1955 for use as a solid waste disposal facility, and it began operating as an open dump. The
Landfill reportedly became compliant with state regulations in 1970 and has been in operation since that
time. The City acquired an additional approximately 400 adjoining acres in 1978. The New Georgia Landfill
includes, Pre-RCRA Subtitle D, Post-RCRA Subtitle D, and construction/demolition disposal areas. The
facility is bound to the south and east by Interstate Highway 65, the Southern Railway and a tributary to
Fivemile Creek to the south and west, and Fivemile Creek and residential development to the north.
Neither the Eastern Area Landfill or New Georgia Landfill have landfill gas collection and control systems
(LFGCCS).
SECTION 2: SCOPE OF PROJECT
The scope of the Project will include, but is not limited to, planning, permitting, financing, design,
construction, operation, maintenance, and environmental monitoring services for the LFGE Project. In
addition, the scope of the Project includes the marketing, sale, and distribution of the full market value of
the landfill gas (LFG), including all forms of energy, tax credits and incentives, and/or other material and
marketable features of LFG.
In exchange for granting the Developer the right to receive the LFG at the landfills, the Developer must
agree to make payments to the City of Birmingham based on metered quantities/measured quality of gas
delivered and/or based on some mutually agreed upon revenue-sharing arrangement.
There are no active LFGCCS installed at either of the City's landfills and no recent testing or analysis of the
quantity and/or quality of the landfill gas has been performed. Although there are no active LFGCCS, there
are multiple passive LFG vents that have been installed and are available to Proposers for use to collect
LFG samples and perform such analysis as desired. The Proposer shall notify City of their interest in
obtaining gas samples for analysis and shall be responsible for providing suitable containers, collecting
samples, and any shipping and analysis costs. The City or any of its employees, agents, advisors, or
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consultants cannot guarantee that samples collected and analyzed are representative of current or long-
term LFG generation conditions.
Term of Contract
The initial term of the Contract shall be for twenty (20) years. At the sole option of the City, the Contract
may be extended for up to two (2) additional five (5) year periods.
City of Birmingham Responsibilities
The rights and responsibilities of the City are as follows:
Landfill Operations
The City makes no guarantees as to the quantities or composition of the future waste to be disposed of or
the quantity or quality of LFG generated at the Landfills. Furthermore, it will be the sole responsibility of
the Developer to ensure that the quality and quantity of the LFG will meet the requirements of the industrial
user, electrical utility, or pipeline company that will be the ultimate buyer of the product. The City will not
operate the Landfills in a manner that could unnecessarily or unreasonably diminish the quality and quantity
of LFG generated to the extent practicable. In addition, the City will make reasonable efforts to perform its
operations at each Landfill such that it will not unreasonably interfere with the operations of the Developer's
facilities provided that the City reserves the right to operate the landfills in a manner that maintains
compliance with their permits and ADEM regulations.
Should more LFG be extracted from the Landfills than what is accepted by the end user/purchaser, the
Developer shall either flare the excess LFG or sell the excess to one or more additional purchasers. The
Developer shall be responsible for the design, coordination and construction of any and all necessary piping
to the LFG flare for diverting any excess or unusable LFG. In no event shall excess LFG or waste gas be
vented without being flared.
Solid Waste and Air Quality Permit Compliance
Relative to LFG and air quality, the City will maintain responsibility for the following activities which are
required by the City's solid waste and air quality permits:
Solid Waste Permit:
* LFG monitoring and reporting and associated maintenance
* Landfill cover placement and maintenance
* General facility maintenance (excluding Developer's LFGE facilities).
Title V Air Quality Permit:
* Annual and semi-annual air quality reporting (excluding any reporting for LFGE Facilities)
* Surface emissions monitoring and reporting.
Additionally, as permit holder, the City will assist the Developer with providing requested information and
review of solid waste and air quality permit modification applications (prepared by Developer).
Review of Permit Applications and Construction Documents
At all times, the City, in its role as Landfill owner and partner with the Developer, reserves the right to
review: 1) permit applications prepared by the LFGE Developer prior to the permit applications being
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submitted to regulatory agencies; and 2) construction documents prepared by the Developer prior to the
Developer soliciting for construction or equipment bids. The Developer will be solely responsible for
obtaining necessary environmental permits and maintaining compliance with those permits for the Project
Facilities except that the City will be responsible for certain compliance activities related to the City's solid
waste and Title V air quality permits for the Landfills as noted herein.
The City will complete its review of permit applications and construction documents as soon as reasonably
practicable and will notify the Developer in writing of any comments. The conditions of this review are
separate and unrelated from any reviews of permit applications or construction documents in which the
City is serving in the role as the regulatory authority having jurisdiction.
Access and Property Lease
The specific terms contained in the Contract resulting out of a negotiations phase following this RFP process
will ultimately define granted access to the Landfill sites for the purposes of enabling the Developer to
operate the Project.
LFGE Developer Project Responsibilities
The rights and responsibilities of the Developer include, but are not limited to, the following:
LFGE Facilities
The Developer shall, at their sole expense, purchase, design, modify, install, permit, construct, expand,
operate and maintain (including preventative and routine maintenance and replacement of worn
equipment), and perform environmental compliance monitoring and reporting associated with the LFGE
facilities, which is considered to be a component of the Project Facilities for purposes of this RFP, all in
accordance with applicable laws and environmental compliance requirements, and as may be necessary to
beneficially use LFG. Any interconnect requirements (including LFG quality) with existing natural gas
pipelines are the sole responsibility of the Developer.
The LFGE facilities shall be operated in a safe, secure, effective, and efficient manner, and shall be in full
compliance with all applicable laws, permits, rules and regulations.
The Developer shall be required to conduct all its operations so as not to interfere with the Landfill
operations and not to interfere with the City's ability to comply with its permits or with applicable laws or
regulations.
Permits and Licenses
The Developer will make an application for, obtain, and maintain all applicable permits and licenses required
for the construction and operation of the LFGE Facilities. All permits for the LFGE Facilities will be in the
Developer's name.
LFG Marketing and Sale
The Developer assumes all responsibility for the marketing and sale of LFG, including all responsibility for
developing, negotiating, and executing agreements with other parties for all forms of energy, environmental
attributes, tax credits and incentives, and/or other material and marketable features of LFG.
Financing
The Developer is solely responsible for the financing of all the planning, permitting, design, construction,
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operations, maintenance, repair, replacement, rehabilitation, and environmental compliance monitoring
and reporting associated with the LFGE Project. The Developer will not be compensated by the City for any
work related to the Project Facilities. The Developer may not encumber or otherwise pledge or grant a
security interest in the Project Facilities.
Utilities
The Developer shall be responsible for the installation of all additional utilities needed for Project operations.
This may include electrical service, natural gas service, potable or non-potable water, sanitary sewer,
telecommunications, or other utilities. The Developer shall work with the local service providers in securing
these services. The City will assist as reasonable to provide access or other on-site connections, however,
the Developer shall bear all costs associated with securing these services as well as the
costs for facility operations.
Security and Bonding Requirements
The Developer shall provide security for execution and performance of the contract, if selected, in the form
of a guaranty agreement and Performance and Payment Bonds securing the performance of the Developer.
Developer shall provide evidence in the proposal of the ability to secure Performance and Payment bonding
in the full amount of the proposed design and construction costs for the proposed project and for the
duration of the design and construction of the proposed project. Bonding shall be provided by a surety
company authorized to do business in the State of Alabama. The City of Birmingham reserves the right to
waive or alter these requirements or accept alternative financial guarantees if, in the opinion of the City of
Birmingham, its interests are so protected.
Environmental Compliance Requirements
The Developer shall be responsible for operating all LFGE Facilities in a manner to maintain compliance
with all current and applicable laws and landfill permits including, but not limited to solid waste permits,
NPDES permits, air permits (Title V), etc. The Developer will operate the system in a manner that will
maintain the landfill's compliance with Title V permit(s) and explosive gas regulations. The Developer will
expand/modify the system where needed to maintain compliance when exceedances may occur. In
addition, the Developer shall assume all responsibilities for environmental compliance associated with the
LFGE Facilities monitoring and reporting to appropriate Federal, State and local agencies. Environmental
compliance requirements shall include, but shall not be limited to, the Clean Air Act; the Federal Water
Pollution Control Act; the Safe Drinking Water Act; the Toxic Substances Control Act; the Comprehensive
Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and
Reauthorization Act of 1986; the Resource Conservation and Recovery Act, as amended by the Solid and
Hazardous Waste Amendments of 1984; the Occupational Safety and Health Act; the Hazardous Materials
Transportation Act; the Oil Pollution Act of 1990; and any similar Federal, State, or local statutes and
regulations, as may be periodically promulgated and/or amended.
SECTION 3: CONTENTS FOR PROPOSAL PACKAGES
It is the responsibility of all Proposers to examine the entire Proposal Package and seek clarification of any
item or requirement that may not be clear and to check all responses for accuracy before submitting a
proposal.
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General Information
* Proposals should not exceed 20 pages (excluding attachments and forms) and should be printed
single-sided.
* One (1) original and six (6) hard copies (7 total) on 8 1/2" x 11" paper, plus one (1) digital copy in
PDF format on a CD or thumb drive, must be submitted (digitally provided plans or past works are not
limited to 8.5x11, but please limit or reduce file sizes as best as possible and include as an appendix
item).
The following items must be submitted with each Proposal Package. Failure to include ANY of
these items may result in a Proposal Package being rejected.
Cover Letter / Letter of Interest (1 page)
The cover letter is intended to indicate the Developer's interest in the project. The cover letter shall be no
longer than one (1) page and shall include:
* Name, address and contact information for the submitting firm(s). If the response is being
submitted to qualify a "team," the names of the team members that may be used for the project
must be included.
* Organization Profile and Qualifications - This section of the letter must describe the proposing
firm(s), including the size and range of activities of the organization.
* Identify the proposed Project Principal and Project Manager, including their titles and/or their
classifications.
* Certification: The letter shall agree to all terms and conditions in this RFP, and specifically include
the following language:
"No elected or appointed official or employee of the City of Birmingham or the City
Government with respect to this project shall, during his or her tenure or for two
years thereafter, have any interest, direct or indirect, in any proceeds hereof. The
City may terminate this contract if gratuities were offered or given by the submitting
firm or through any agent of said firm to any such official or employee."
* Signature: A signature by a representative of the Developer or Developer's team who has
authority to negotiate and contractually bind the Developer or Developer's team. All signatures
must be original on at least one copy of the proposal submitted to the City.
Table of Contents (1 page)
The table of contents should outline, in sequential order, the major areas of the Response Package as
shown herein. All pages of the Response Package, excluding attachments, must be clearly and consecutively
numbered and correspond to the table of contents.
Executive Summary (1 page)
Provide a complete and concise summary of Developers background, types of expertise, and ability
to meet the requirements of this RFP. The executive summary should briefly state why the Developer
is the best candidate for the award of the project.
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Technical Approach (8 pages max.)
Include a detailed description of how the Developer will address the project Scope of Work.
The proposal shall include a description of the proposed technology and technical aspects of the proposed
LFGE facility including permitting, design, construction, operations, maintenance, and expansion. It is
anticipated that this section will include a narrative describing:
* The proposed LFGE facility, including conceptual process flow diagram(s) dealing with incoming
constituents, additives, conversion and/or contaminant removal, and outgoing constituents
* Organization chart identifying management structure, chain of command, parties, duties,
relationships between parties and liaison to the City related to the proposed LFGE project
* Operation of the LFGE facility, including access, personnel, hours, deliveries, equipment, and
related operational items
* The proposed LFGCCS components
* Connections and location of meters and/or other equipment associated with payment demarcations
* Infrastructure requirements, availability, and timeline for development if needed
* Conveyance plan for LFG end-product produced by the proposed facility including anticipated
purchaser(s), conceptual layout and description of components, connections, locations, and
operations between the LFGE facility and purchaser
* Contingency plan(s) for non-useable LFG at the proposed facility and for processed LFG not able
to be delivered to purchaser such that the City retains the ability to maintain compliance with
applicable permit, local, state, and federal regulations
* Contingency plan(s) in the case of subsurface migration or surface emissions exceedances
* Permitting and regulatory requirements related to the proposed LFGE facilities
* Maintenance and expansion activities and expenses
* Identification of type and volume of all by-products generated by the proposed LFGE facilities and
processes, including specifically, any by-product defined as hazardous material by the EPA and
identification and discussion of disposal of said by-products
* Identification and description of all environmental monitoring and control systems to mitigate
potential impacts to groundwater, surface water, air quality, ambient noise levels, ambient odor
levels, traffic impacts, and any other impact to City Landfill operations and/or facilities and/or
surrounding areas
* Safety and Security discussion for the proposed project
* Schedule for implementation of the various activities and milestones from design through
construction up to full operation of the proposed LFGE facility.
Financial/Contract Approach (1 Page)
The proposal shall include a description of the financial approach being offered by the Proposer. This shall
include the following, at a minimum:
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