2026 RFP Biosolids Marketing and Beneficial Reuse.pdf

v.04.15.24

REQUEST FOR PROPOSALS

RFP #354-UT27-02

Project Title: Biosolids Product Marketing & Beneficial Reuse

Issue Date: June 25, 2026

Due Date: July 22, 2026 at 5:00 PM ET

Issuing Department: Utilities

Direct all inquiries concerning this RFP to:

Zach Rotstein

Project Manager

Email: zach.rotstein@carync.gov

Table of Contents

1 REQUEST FOR PROPOSALS

1.1 Introduction

1.2 Purpose and Background

1.3 Notice to Vendors Regarding RFP Terms and Conditions

1.4 RFP Response Timeline

1.5 Pre-Proposal Conference/Site Visit

1.6 Proposal Questions

1.7 Proposal Submission Requirements and Contact Information

1.8 Rights to Submitted Material

2 PROPOSALS

2.1 Request for Proposal Document

2.2 Evaluation Criteria

2.3 Proposal Evaluation Process

2.4 Final Selection

2.5 Contract Term

2.6 Invoices

2.7 Notice to Proposers Regarding RFP Terms and Conditions

3 SCOPE OF SERVICES

4 COST PROPOSAL/EXECUTION OF PROPOSAL

5 REFERENCES

INSTRUCTIONS TO VENDORS

APPENDIX I – PRODUCT LABELS

APPENDIX II - SAMPLE AGREEMENT

1 REQUEST FOR PROPOSALS

1.1 Introduction

The Town of Cary is requesting proposals from qualified service providers for the provision of Biosolids Product Marketing & Beneficial Reuse Services which includes the hauling and purchase of dried biosolids from the South Cary Water Reclamation Facility and the Western Wake Regional Water Reclamation Facility. The proposal shall be for the provision of beneficial reuse for the weekly, routine management of biosolids pellets processed by these facilities.

1.2 Purpose and Background

South Cary Water Reclamation Facility The South Cary Water Reclamation Facility (SCWRF) is owned and operated by the Town of Cary and is located at 4900 West Lake Rd., Apex, NC. The plant has a treatment capacity of 12.8 MGD and utilizes a biosolids drying facility for long-term management of the facility’s biosolids. The facility utilizes an Andritz triple pass rotary drum dryer. The heat dried, pelletized product produced meets and exceeds EPA 503 criteria as Class A Exceptional Quality Biosolids. The facility has two 408 cubic yard silos for pellet storage and a certified truck scale located at the pellet loading facility.

Western Wake Regional Water Reclamation Facility

The Western Wake Regional Water Reclamation Facility (WWRWRF) is co-owned by the Town of Apex and Town of Cary and is located at 3500 Reclamation Rd., New Hill, NC. The facility is managed and operated by the Town of Cary. The plant has a treatment capacity of 18 MGD and utilizes a biosolids drying facility for long-term management of the facility’s biosolids. The facility operates Kruger BioCon belt dryers, a two-train configuration with pelletizer unit.

The pelletized product produced meets and exceeds the EPA 503 criteria as Class A Exceptional Quality Biosolids. The facility has two 288 cubic yard silos for pellet storage.

The figure below shows the annual biosolids production at SCWRF & WWRWRF:

Refer to Appendix I – Product Labels for nutrient quantities.

The Town desires to beneficially reuse biosolids pellets generated at the South Cary Water Reclamation Facility (SCWRF) and the Western Wake Regional Water Reclamation Facility (WWRWRF) through their use as fertilizer products or fertilizer components that provide nutrient value for agricultural, turfgrass, and landscape applications. It is important to the owners of these facilities that the beneficial re-use of the biosolids pellets be a primary means for a viable end use option providing a long-term solution for the management of biosolids pellets.

As part of the submitted proposal, the vendor shall submit a plan for providing consistency and continuity of services related to the Scope of Services included herein

1.3 Notice to Vendors Regarding RFP Terms and Conditions

It shall be the Vendor’s responsibility to read the Instructions, the Town’s terms and conditions contained within the Town’s Principal Contract, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 1.6 Proposal Questions. If the Town determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The Town may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Principal Contract that have been addressed during the question submission period. Other than through this process, the Town rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that Vendor is prepared to enter into a contract in the form of the Principal Contract if Town selects Vendor’s proposal and that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

If a Vendor desires modification of the terms and conditions of this solicitation, including any term or condition contained in the Principal Contract, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the Town. Identification of objections or exceptions to the Town’s terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected.

1.4 RFP Response Timeline

The RFP process shall adhere to the following schedule:

RFP Process Date and time

RFP posted June 25, 2026

Pre-Proposal Site Visit(s) (strongly encouraged)

To be scheduled by Vendor No later than July 8, 2026

Proposers Written Questions Due July 10, 2026 5:00 PM

Note: All times shown as Eastern Time (ET).

1.5 Pre-Proposal Conference/Site Visit

NOTE: All Proposers are encouraged to schedule a site visit(s) no later than July 8, 2026. A summary of all questions and answers will be posted on the internet as an addendum, located under the RFP # being modified. Site visits will be allowed from 9 a.m. – 3 p.m. no later than July 8, 2026. Proposers wishing to visit the individual sites or obtain samples of the biosolids projects should contact the following persons:

Josh Cummings WWRWRF Plant Manager Josh.cummings@carync.gov

(919) 810-1505

Jarrod Buchanan SCWRF Plant Manager Jarrod.buchanan@carync.gov

(919) 779-0697

It is the Proposer's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

1.6 Proposal Questions

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. The Town will not entertain any further questions after the due date. Written questions shall be emailed to zach.rotstein@carync.gov by the date and time specified above. Vendors should enter “RFP #354-UT27-02: Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in the format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, the Town’s response, and any additional terms deemed necessary by the Town will be posted in the form of an addendum to the North Carolina Electronic Vendor Portal (eVP), and shall become an Addendum to this RFP.

No information, instruction or advice provided orally or informally by any Town personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

Town Responses to Proposers’ questions (anticipated)

July 15, 2026 5:00 PM

Proposal Submission Deadline July 22, 2026 5:00 PM

Anticipated Contract Effective Date August 31, 2026 mailto:Josh.cummings@carync.gov mailto:Jarrod.buchanan@carync.gov https://evp.nc.gov/solicitations/

1.7 Proposal Submission Requirements and Contact Information

Electronic responses ONLY will be accepted through the eVP website. Interested parties must be logged in to submit proposals electronically. Registration information is available at NC Electronic Vendor Portal (eVP). Proposals must be clearly marked with name of the submitting company, the RFP number and RFP title. Proposers must submit one (1) electronic version, submitted as a viewable and printable Adobe Portable Document File (PDF), on or before the submittal due date and time provided in Section 1.3. Submissions that do not comply with the stated submission method will be deemed non-responsive. The Town reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFP that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Proposals (RFP). An incomplete proposal may be eliminated from consideration at the discretion of Cary.

Proposals must follow the format as defined in Section 2 PROPOSALS.

1.8 Rights to Submitted Material

All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by Proposers (other than materials submitted as and qualifying as trade secrets under North Carolina law) shall become the property of the Town when received and the entire proposal shall be subject to the public records laws of the State of North Carolina except where a proper trade secrets exception has been made by the Proposer in accordance with the procedures allowed by North Carolina law.

The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal.

2 PROPOSALS

Responses must follow the format outlined herein. The Town may reject as non-responsive at its sole discretion any proposal or any part thereof that is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner:

1. Cover Letter/Letter of Intent Introduction letter with intent as it may pertain to the Request for Proposal.

2. Corporate Background and Experience

This section shall include background information on the organization and should give details of experience with similar projects. A list of five (3) references (including contact persons and telephone numbers) for which similar work has been performed shall be included, and the list shall include all similar contracts performed by the Proposer in the past five years. The evaluators will randomly select at least three of these references, but the evaluators reserve the right to contact all the references listed, if information from the three references contacted warrant further inquiry. The failure to list all similar contracts in the specified period may result in the rejection of the Proposer’s proposal. The evaluators may check all public sources to determine whether Proposer has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into Proposer’s performance of those contracts and the information obtained may be considered in evaluating Proposer’s proposal.

evp.nc.gov evp.nc.gov

3. Project Understanding, Approach and Schedule This section shall include, in narrative, outline, and/or graph form the Proposer's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

4. Team Organization, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and organization of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

5. Cost Proposal The Cost Proposal shall be submitted and contain:

• Purchase price per dry ton of Class A Exceptional Quality Biosolids pellets. It is important to note that all production of thermally dried biosolids pellets for sale and distribution to prospective vendors will be provided in dry tons of Class A, Exceptional Quality biosolids pellets for distribution. There will be no subsequent modification of dry tonnage for moisture content as heat dried biosolids are greater than 90% dry content in accordance with EPA’s 503 regulations. Prospective vendors shall plan accordingly that the dry tons of production are the dry tons for sale.

2.1 Request for Proposal Document

The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

2.2 Evaluation Criteria

This is not a bid. There will not be a public bid opening. A panel of Town of Cary staff members will review the submitted proposals based on the criteria below and make a recommendation for award. This request for proposal does not commit the Town to award a contract or enter into an agreement, to pay costs incurred in the preparation of a response to this invitation, or to procure or contract for any services or supplies. The Town of Cary reserves the right to reject any or all proposals received as a result of this request for proposals, or to cancel this request in part or in its entirety, if it is deemed in the best interest of the Town to do so. Proposals will be evaluated based on the following criteria:

1. Firm experience/workload – Experience of the firm in similar work and record of successful results of that work. Also considered will be the firm’s ability to take on additional work, demonstrated understanding of the Town’s goals and purpose for this project, specific management approach and how the firm proposes to achieve the project’s time goals, how well the firm’s organizational structure shows sufficient depth for its present workload and this proposed project, and the firm’s ability to offer the breadth and quality of services required for the project.

2. Experience of the personnel assigned to the project team – A firm provides the resources, but the individuals assigned to a project are how the job gets done. A review panel of TOC employees will give considerable weight to the individual qualifications of the project team members who will actually perform substantial amounts of the work on this project.

Considerations will include qualifications of key personnel, project team member’s individual experience and qualifications, project manager’s experience and qualifications, sub-professional’s individual experience and other qualifications.

3. Response to the project objectives outlined in the RFP – This includes a demonstrated understanding of the scope of work and purpose of the project, a demonstrated ability and experience in Biosolids Product Marketing and Beneficial Reuse, and innovative suggestions that may increase the value of the project.

4. Schedule – The proposed schedule for performing the work for the project. If a contract is awarded, the selected firm must be in a position to begin work immediately and move promptly toward implementation and completion.

5. Competitiveness of Pricing – The review panel will consider pricing in the overall evaluation of the proposals.

Criteria (a)

Weight (b)

Score (0-3)

(a) x (b) Weighted

Score

Firm experience/workload 0.20

Experience of personnel assigned to the project team 0.10

Response to project objectives outlined in the RFP 0.20

Schedule 0.10

Competitiveness of Pricing 0.40

Final Score

Score Points

0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation

2.3 Proposal Evaluation Process

The Town shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP.

At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal.

Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 2.2 Evaluation Criteria, above.

Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Town reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the Town.

2.4 Final Selection

Proposals will be reviewed after opening and will be ranked in order of choice. A recommendation will then be presented to the Town Manager or their designee for approval to negotiate a contract with the #1 choice and, if unsuccessful, to then pursue negotiations with the #2 choice. All Proposers will be notified of their standing immediately following Town’s decision. Price quoted must be held firm for 90 days after the RFP is due. The Town reserves the right to make an award without further discussion of the proposal submitted. The Town shall not be bound or in any way obligated until both parties have executed a contract. The Town also reserves the right to delay the award of a contract or to not award a contract. The RFP may be awarded by individual task or total proposal, whichever is most advantageous to the Town of Cary.

The general conditions and specifications of the RFP and the selected proposal, as amended by agreement between the Town and the selected Proposer including e-mail or written correspondence relative to the RFP, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in elimination of the Contractor from competition or in contract cancellation or termination.

2.5 Contract Term

The Contract shall have an initial term of two (2) years, beginning on the date of contract award (the “Effective Date”).

The Town shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of three additional one-year terms. The Town will give the Vendor written notice of its intent whether to exercise each option by a duly authorized amendment.

2.6 Invoices

1. The Town shall submit monthly to the Vendor, an invoice for all biosolids distributed to the Vendor.

2. Payment shall be made to the Town within thirty (30) calendar days of receipt of invoice.

2.7 Notice to Proposers Regarding RFP Terms and Conditions

It shall be the Proposer’s responsibility to read the Instructions, the Town’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Proposers also are responsible for obtaining and complying with all addenda and other changes that may be issued in connection with this RFP.

3 SCOPE OF SERVICES

1. Beneficial Reuse – The Town desires for beneficial re-use of the biosolids pellets from SCWRF and WWRWRF. The Vendor shall provide all related blending, packaging, and storage prior to sale, must have three (3) months capability of off-site dry storage. Vendor shall market and sell the Town’s biosolids pellets under their own approved product label.

The Town reserves the right to visit the Vendor’s facility at any time to review the facility operation and how the Town’s biosolids pellets are managed.

2. Transportation and Loading – Owner shall load and weigh all trucks. The Vendor shall provide all related transportation and unloading of the product. The Vendor shall provide weekly and reliable removal of biosolids pellets from the facility and all related coordination with the facility operations staff.

The Vendor shall ensure the trailers or containers used for these services are properly loaded per volume and weight requirements for the Department of Transportation.

The Town shall not be subject to penalization by the Vendor for minimum or maximum loading provisions.

At each facility, the trailer to be loaded will be weighed prior to loading on a certified scale located at each facility. After loading the tractor trailer will be weighed again. The differential weight in tons will be recorded.

3. Distribution and Marketing – The Vendor shall provide all related marketing, selling, and distribution of the dried biosolids to the end user. Vendor shall have an active Fertilizer Reporting permit and a Distribution of Class A Residual permit.

The Town of Cary will reserve the right to direct market 20 percent of the annual production of biosolids pellets.

4. Flexibility in hauling schedule – Loading of dried biosolids from the SCWRF and WWRWRF will only be allowed weekdays 8 a.m. – 5 p.m. (no weekends or holidays). Any deviations from the load schedule must be approved 24 hours in advance.

5. Trailers – Trailers shall be relatively clean, and free of odors such that they do not create nuisance conditions at Town facilities. Trailers provided shall be capable of hauling up to approximately 22 to 25 dry tons of biosolids pellets.

6. Responsiveness and schedule coordination – The Vendor shall be able to adjust hauling schedules as needed within a 24-hour notice from SCWRF or WWRWRF staff. The Vendor shall provide a single point of contact for coordination of hauling schedules.

7. Reporting – The Vendor shall be responsible for reporting under the appropriate permit to the U.S. Environmental Protection Agency, N.C. Department of Agriculture and the N.C. Department of Environment and Natural Resources or other controlling legal authority.

8. Additional Requirements

a. Truck drivers shall always adhere to traffic regulations, including but not limited to:

i. Plant site speed limits of 15 mph or less

ii. Abiding by posted speed limits and maintaining safe driving speeds for road conditions

iii. Awareness of school zones near the SCWRF and at any other locations along the hauling routes

iv. Awareness of and adherence to roadway and bridge weight limits

b. Trucks and trailers must be maintained in good working order, without leakage, and in a good state of cleanliness. Trailers and containers shall be secured such that residuals spillage from the vessels does not occur. The Vendor will be responsible for the clean-up and reporting of any spillage that occurs during transport.

c. The Vendor must review driving and criminal records of each driver to assure that drivers are competent and maintain good driving records. The Vendor shall provide to the Town their plan and schedule for conducting these checks. Drivers must meet all DOT requirements.

d. The Town of Cary reserves the right to request that drivers not adhering to safe practices and following all applicable policies and procedures be prohibited from Biosolids hauling activities for the Town of Cary products.

e. Hauling routes between Town facilities and the compost facility must be pre-approved by the Town. The Vendor’s primary hauling routes shall be mapped and included as part of the proposal.

f. Congested areas such as shopping centers and residential neighborhoods shall be avoided and not included as part of proposed routes. Stopping on major roads or in sensitive community areas shall not be allowed.

g. Vendor shall make every effort to avoid nuisance conditions to the community. Odor and noise mitigation measures shall be taken as needed. Use of jake brakes near plant sites and in adjacent neighborhoods will not be allowed.

h. Town facilities are secure sites and entrance/exit procedures shall be adhered to at all times.

i. Maps of the site-specific internal routes for trucks to make the most efficient access into and out of the facilities are attached.

j. Vendor will have access only to specified locations on-site.

4 COST PROPOSAL/EXECUTION OF PROPOSAL

By submitting this proposal, the potential contractor certifies the following:

• This proposal is signed by an authorized representative of the firm.

• The cost and availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost.

• All labor costs, direct and indirect, have been determined and included in the proposed cost.

• The potential contractor has read and understands the conditions set forth in this RFP to include TOC general conditions/service terms, any addenda, and all attached exhibits and agrees to them with no exceptions.

By:

(Signature)

Name:

(Printed)

Title:

Date

5 REFERENCES

Offeror must supply (3) three Governmental Agency or Private Company references for which similar services have been performed during the past (5) five years. Offerors are cautioned to provide accurate reference information. References will be checked during evaluation period.

OFFEROR: _________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________

Reference # 1

Agency or Firm Name: ________________________________________________________

Business Address

City: ______________________________ State: ________ Zip Code: _____________

Phone Number: (____) ______________________ Fax Number: (____) ________________

Email Address: ______________________________________________________________

Reference # 2

Agency or Firm Name: ________________________________________________________

Business Address

City: ______________________________ State: ________ Zip Code: _____________

Reference # 3

Agency or Firm Name: ________________________________________________________

Business Address ____________________________________________________________

City: ______________________________ State: ________ Zip Code: _____________

INSTRUCTIONS TO VENDORS

1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document.

2. ACCEPTANCE AND REJECTION: The Town reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

3. BASIS FOR REJECTION: The Town reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the Town, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the Town.

4. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected.

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low): (1) The Principal Contract Terms, (2) RFP Terms, (3) Instructions in INSTRUCTIONS TO VENDORS, and (4) Vendor’s Proposal.

6. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration.

7. MINORITY WOMEN BUSINESS ENTERPRISES (MWBE): The Town invites and encourages participation in this procurement process by minority women business enterprises (MWBE) in accordance with North Carolina General Statute 143-129.

8. DIVERSITY AND INCLUSION: The Town encourages vendors to have a diverse and inclusive project team involved in all aspects of this project.

9. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the Town will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible.

10. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative therein, concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the Town directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor’s proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP.

Vendors not in compliance with this provision may be disqualified, at the option of the Town, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted.

11. WITHDRAWAL OF PROPOSAL: A Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor’s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Town.

12. INFORMAL COMMENTS: The Town shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the Town during the competitive process or after award. The Town is bound only by information provided in this RFP and in formal Addenda issued through the eVP website.

13. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; the Town will not reimburse any Vendor for any costs incurred prior to award.

14. VENDOR’S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.

15. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself.

16. INSPECTION AT VENDOR’S SITE: The Town reserves the right to inspect, at a reasonable time, the equipment/item, plant, or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary, for the Town determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

APPENDIX I – PRODUCT LABELS

ENVIRO GEMS

7 - 5 - 0

ENVIRO GEMS 7-5-0 is a high-quality natural fertilizer ideal for turf, landscaping, and agricultural applications.

It is an excellent source of slow-release nitrogen and phosphate.

Directions For Use

Flower and Ornamental Garden Beds: Apply at 20 pounds per 1,000 sq. ft. of garden area around the base of plant materials. Apply ENVIRO GEMS onto the soil surface or incorporate it into the soil before planting.

Turf Areas: Apply 40 pounds per 1,000 sq. ft. of turf area as a pre-plant fertilizer and incorporate into the soil. Apply ENVIRO GEMS using a conventional fertilizer spreader. Apply ENVIRO GEMS at 20 pounds per 1,000 sq. ft. to established turf areas on a quarterly basis.

Agricultural crops: Application rated should be based on crop nitrogen and phosphorous requirements of the crop and soil test results.

STORAGE: This product should be kept dry during storage. Spills should be swept up and reused. Keep away from children and pets.

Guaranteed Analysis

Total Nitrogen (N)…………….……………7.0% 6.9%.....Water Insoluble Nitrogen* 0.10%...Water Soluble Nitrogen……….

Available Phosphate (P2O5)…………….5.0%** Iron (Fe)……………………………………2.0%

Derived from biosolids.

*6.9% Slowly available nitrogen from biosolids **4.75% Slowly available phosphate from biosolids

Manufactured By Town of Cary, North Carolina

400 James Jackson Ave.

Cary, NC 27513 Brand ID 94745

South Cary Water Reclamation Facility Location - 4900 West Lake Road, Apex, NC 27502 - 919-779-0697

Product is supplied in bulk form and sold 'by the ton'. Weigh tickets are supplied to assure purchase volumes.

Town of Cary ENVIRO GEMS is a pelletized residuals material originating from the biological treatment of wastewater. ENVIRO GEMS is produced as a “Class A – Exceptional Quality” wastewater treatment residual product under the requirements of 40 CFR 503. Applications of ENVIRO GEMS should be made in accordance with approved application methods and it shall not be applied to flooded, frozen, or snow-covered areas. ENVIRO GEMS shall be stored, and application operations shall be conducted in such a way as to prevent runoff from the application and/or storage site(s) to any surface water and shall not be applied within a 10-foot buffer area around any water wells, streams, lakes, rivers and/or natural uncontrolled drainage ways.

Application of Town of Cary ENVIRO GEMS is prohibited in accordance with the provisions specified below related to Application Information. The Town of Cary accepts no liability for improper applications or uses of Town of Cary ENVIRO GEMS.

5.5 - 5 - 0

ENVIRO GEMS 5.5-5-0 is a high-quality natural fertilizer ideal for turf, landscaping and agricultural applications. It is an excellent source of slow-release nitrogen and phosphate.

Flower and Ornamental Garden Beds: Apply at 20 pounds per 1,000 sq. ft. of garden area around the base of plant

Turf Areas: Apply 40 pounds per 1,000 sq. ft. of turf area as a pre-plant fertilizer and incorporate into the soil. Apply ENVIRO GEMS using a conventional fertilizer spreader. Apply ENVIRO GEMS at 20 pounds per 1,000 sq. ft. to established turf areas on a quarterly basis.

Agricultural crops: Application rated should be based on crop nitrogen and phosphorous requirements of the crop and

STORAGE: This product should be kept dry during storage. Spills should be swept up and reused. Keep away from children

Total Nitrogen (N)…………….……………5.5% 5.4%.....Water Insoluble Nitrogen* 0.1%.....Water Soluble Nitrogen Available Phosphate (P2O5)…..………….5.0%** Iron (Fe)………………………….…………4.0%

* 5.4% Slowly available nitrogen from biosolids

400 James Jackson Ave.

Brand ID 94744

Western Wake Regional Reclamation Facility Location – 3500 Reclamation Rd., New Hill, NC 27562 – 919-535-5640

All product is supplied in bulk form, and sold 'by the ton'. Weigh tickets are supplied to assure purchase volumes.

Town of Cary ENVIRO GEMS is a pelletized residuals material originating from the biological treatment of wastewater. ENVIRO GEMS is produced as a “Class A – Exceptional Quality” wastewater treatment residual product under the requirements of 40 CFR 503. Applications of ENVIRO GEMS should be made in accordance with approved application methods and it shall not be applied to flooded, frozen, or snow-covered areas. ENVIRO GEMS shall be stored and application operations shall be conducted in such a way as to prevent runoff from the application and/or storage site(s) to any surface water and shall not be applied within a 10-foot buffer area around any water wells, streams, lakes, rivers and/or natural uncontrolled drainage ways.

Application of Town of Cary ENVIRO GEMS is prohibited in accordance with the provisions specified below related to Application Information. The

5 - 4 - 0

ENVIRO GEMS 5-4-0 is a high-quality natural fertilizer ideal for turf, landscaping and agricultural applications.

Flower and Ornamental Garden Beds: Apply at 20 pounds per 1,000 sq. ft. of garden area around the base of plant

Turf Areas: Apply 40 pounds per 1,000 sq. ft. of turf area as a pre-plant fertilizer and incorporate into the soil. Apply ENVIRO GEMS using a conventional fertilizer spreader. Apply ENVIRO GEMS at 20 pounds per 1,000 sq. ft. to established turf areas on a quarterly basis.

Agricultural crops: Application rated should be based on crop nitrogen and phosphorous requirements of the crop and

STORAGE: This product should be kept dry during storage. Spills should be swept up and reused. Keep away from children

Total Nitrogen (N)…………….……………5.0% 4.9%.....Water Insoluble Nitrogen* 0.1%.....Water Soluble Nitrogen Available Phosphate (P2O5)…..………….4.0%** Iron (Fe)………………………….…………1.5%

* 4.5% Slowly available nitrogen from biosolids

400 James Jackson Ave.

Brand ID 48669

Western Wake Regional Reclamation Facility Location – 3500 Reclamation Rd., New Hill, NC 27562 – 919-535-5640

All product is supplied in bulk form, and sold 'by the ton'. Weigh tickets are supplied to assure purchase volumes.

Town of Cary ENVIRO GEMS is a pelletized residuals material originating from the biological treatment of wastewater. ENVIRO GEMS is produced as a “Class A – Exceptional Quality” wastewater treatment residual product under the requirements of 40 CFR 503. Applications of ENVIRO GEMS should be made in accordance with approved application methods and it shall not be applied to flooded, frozen, or snow-covered areas. ENVIRO GEMS shall be stored and application operations shall be conducted in such a way as to prevent runoff from the application and/or storage site(s) to any surface water and shall not be applied within a 10-foot buffer area around any water wells, streams, lakes, rivers and/or natural uncontrolled drainage ways.

Application of Town of Cary ENVIRO GEMS is prohibited in accordance with the provisions specified below related to Application Information. The

5 - 2 - 0

ENVIRO GEMS 5-2-0 is a high-quality natural fertilizer ideal for turf, landscaping and agricultural applications.

Flower and Ornamental Garden Beds: Apply at 20 pounds per 1,000 sq. ft. of garden area around the base of plant

Turf Areas: Apply 40 pounds per 1,000 sq. ft. of turf area as a pre-plant fertilizer and incorporate into the soil. Apply ENVIRO GEMS using a conventional fertilizer spreader. Apply ENVIRO GEMS at 20 pounds per 1,000 sq. ft. to established turf areas on a quarterly basis.

Agricultural crops: Application rated should be based on crop nitrogen and phosphorous requirements of the crop and

STORAGE: This product should be kept dry during storage. Spills should be swept up and reused. Keep away from children

Total Nitrogen (N)…………….……………5.0% 4.9%.....Water Insoluble Nitrogen* 0.1%.....Water Soluble Nitrogen Available Phosphate (P2O5)…..………….2.0%** Iron (Fe)………………………….…………1.5%

* 4.5% Slowly available nitrogen from biosolids

400 James Jackson Ave.

Brand ID 54272

Western Wake Regional Reclamation Facility Location – 3500 Reclamation Rd., New Hill, NC 27562 – 919-535-5640

All product is supplied in bulk form, and sold 'by the ton'. Weigh tickets are supplied to assure purchase volumes.

Town of Cary ENVIRO GEMS is a pelletized residuals material originating from the biological treatment of wastewater. ENVIRO GEMS is produced as a “Class A – Exceptional Quality” wastewater treatment residual product under the requirements of 40 CFR 503. Applications of ENVIRO GEMS should be made in accordance with approved application methods and it shall not be applied to flooded, frozen, or snow-covered areas. ENVIRO GEMS shall be stored and application operations shall be conducted in such a way as to prevent runoff from the application and/or storage site(s) to any surface water and shall not be applied within a 10-foot buffer area around any water wells, streams, lakes, rivers and/or natural uncontrolled drainage ways.

Application of Town of Cary ENVIRO GEMS is prohibited in accordance with the provisions specified below related to Application Information. The

APPENDIX II - SAMPLE AGREEMENT

(Town of Cary anticipates executing this sample agreement, or an agreement substantially like this.)

Any Vendor whose proposal is selected by Town shall be expected to enter into the following Principal Contract with Town. As stated in section 1.3 of this RFP, any Vendor who submits a response to this RFP certifies by making said submittal that it has reviewed this Principal Contract and are, at the time of submittal, are prepared to enter into this Principal Contract should its proposal be selected. Also as stated in section 1.3, Vendor should use the question procedure described in section 1.6 to address any questions Vendor has about the Principal Contract prior to making its submittal. Notwithstanding anything to the contrary contained in Contractor’s Proposal, the terms and conditions of the Principal Contract and the RFP, if any, apply and take precedence and control over inconsistent, ambiguous or contrary terms and conditions in Proposal. However, if Proposal imposes a more stringent standard or obligation on Contractor then the more stringent standard or obligation shall apply.

Principal Contract Terms

These Principal Contract Terms (the “Contract” or “PCT”) are entered into as of the “Effective Date” by and between the Contractor identified below (“Contractor”) and the Town of Cary, a North Carolina municipal corporation (“Cary”). Contractor and Cary are referred to individually as a “Party” and collectively as the “Parties.”

SIGNATURES

Contractor and Cary hereby agree to be bound by the following contractual terms contained within these PCT and its Attachments:

Contractor:

By:

Signature

Printed Name

Title

Town of Cary:

By:

Signature

Printed Name

Title

This instrument has been preaudited in the manner required by Local Government Budget and Fiscal Control Act.

Deputy Finance Officer Date

TERMS

1. Parties

Contractor Legal Name: _______________________________________ Mailing Address: _______________________________________ Primary Contact: _______________________________________ Email: ______________________________________ Phone: ______________________________________

Cary Primary Contact: ______________________________ Mailing Address: P.O. Box 8005 Cary, NC 27512-8005 Email: ______________________________ Phone: ______________________________

2. Type of Services:

☐ Professional or Consulting Services

☐ On-call Professional or Consulting Services

☐ Goods or Purchase Order

☐ Technology Agreement (Software, hardware, technology support services)

☐ Temporary Personnel

☐ PRCR Instructor/Entertainer Agreement

☐ Other: _____________________

3. Term of Contract (also see Paragraph 9):

Effective Date: ☐ Actual date: _______________

☐ Date of last signature execution

Length of Term: ____________[months/years]

Renewal Term, if applicable:

☐ None

☐ 1 year renewal extension at Cary’s option

☐ 2 year renewal extension at Cary’s option

☐ 3 year renewal extension at Cary’s option

☐ Other ____________________

4. Total Contract Amount: $_______________

5. Contract Amount to be expended during current fiscal year: $ _______________

6. Payment Terms/Schedule (also see Paragraph 12):

☐ No more often than Monthly, 30 days after invoice

☐ Lump sum paid at __________________ (event or milestone)

☐ As set forth in SOW

7. Attachments to this Principal Contract Terms Sheet

☐ Attachment A: SOW (General)

☐ Attachment B: Insurance Provisions (minimum insurance requirements)

☐ Attachment C: Public Records Indemnification

☐ Attachment D: Information Technology Services Terms and Conditions (IF APPLICABLE)

☐ Attachment E: Reimbursable Expenses (IF APPLICABLE)

8. Scope. Contractor shall perform or provide the services, goods, or other bargained-for benefits (“Services”) as described in the PCT, the attached Scope of Work (“SOW”), any additional or amended SOWs executed by the Parties pursuant to the PCT, and/or any duly-executed written amendment (“Amendment”) to the PCT. Cary has no obligation to execute any SOW, Amendment, or additional agreement with Contractor.

9. Term; Termination; Suspension.

a. The term of the PCT shall begin as of the Effective Date, and, unless sooner terminated in accordance with the provisions in this PCT, shall end following the Length of Term indicated herein (the “Initial Term”). At Cary’s option, the PCT may be extended as indicated in paragraph 2 (the “Renewal Term”, and, together with the Initial Term, “Term”) by written notice.

b. Cary may order Contractor in writing to suspend, delay, or interrupt all or any part of the Services for the convenience of Cary. In the event Contractor believes that any suspension, delay, or interruption of the Services ordered by Cary may require an extension of the Term or an increase in the level of staffing by Contractor, it shall so notify Cary and propose an amendment to this Contract, which shall be effective only upon the written approval of Cary. A suspension, delay, or interruption of the Services requested by Cary shall not terminate the PCT.

c. The PCT or any individual SOW may be terminated by Cary and for its convenience upon ten (10) days’ written notice to Contractor.

d. After thirty (30) days’ written notice to the other party of its material breach of the PCT or any individual SOW, the PCT or any individual SOW may be terminated by the noticing Party, provided that the other party has not taken all reasonable actions to remedy the breach.

e. Upon termination of the PCT or any individual SOW for any reason, Contractor shall be paid that portion of its fees and expenses that it has earned for Services satisfactorily completed to the date of termination under the PCT or applicable SOW, as appropriate, less any costs or expenses incurred or anticipated to be incurred by Cary due to breach or errors, omissions, or mistakes of Contractor.

f. In the event of termination for the convenience of Cary or by reason of a material breach by Cary of the PCT or any individual SOW, Contractor shall be paid that portion of the total compensation for the PCT or individual SOW, as appropriate, that it has earned to the date of termination, plus an amount equal to (i) five percent (5%) of total compensation earned to date of termination; or (ii) Contractor’s unearned total compensation, whichever is less; less any costs or expenses incurred or anticipated to be incurred by Cary due to breach or errors, omissions, or mistakes of Contractor.

The…