HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS AND WATER RECLAMATION BIOSOLIDS

REQUEST FOR PROPOSALS

FOR

HANDLING AND DISPOSAL OF WATER TREATMENT

RESIDUALS AND WATER RECLAMATION BIOSOLIDS

DEPARTMENT OF WATER MANAGEMENT

CITY OF DURHAM

NORTH CAROLINA

July 2026

Table of Contents

GENERAL INFORMATION

10. Date of RFP

20. Project Manager and Contact with City; Questions about this RFP.

DESCRIPTION OF PROJECT AND NATURE OF RFP

30. Project

40. Scope of Work

50. Compensation Amount and Schedule

60. Definitions in this RFP

70. Contract

80. Trade Secrets and Confidentiality

85. Reserved

90. Bonds

100. Insurance

110. Discretion of the City

SCHEDULE

120. Schedule

130. Keeping Proposals Open

140. Deadline to Submit Proposals

GETTING MORE INFORMATION ON THE PROJECT AND RFP PROCESS

150. Questions

160. Pre-submittal conferences, meetings, and site visits

170. Updates and revisions to RFP

EVALUATION CRITERIA

180. Evaluation and Award Criteria

CONTENTS OF PROPOSAL

190. Contents of Proposal

190.1 Contact information

190.2 Legal Status of the Candidate and Signers

190.3 Qualifications, References, and Licenses

190.4 Project Team, Location of Work, and Subcontracting

190.5 Methods and Procedures

190.6 Compensation

190.7 Assumptions regarding City of Durham Actions and Participation

190.8 Reserved

190.8.5 SLBE’s

190.9 Financial Condition, Insurance, Bonds, and Taxes

190.10 Conflict of Interest

190.11 Non-collusion

COVER LETTER WITH PROPOSAL

200. Cover letter

210. Addendums

HOW TO SUBMIT A PROPOSAL

220. How to submit a proposal

230. Format

240. Reserved

250. Candidate to Bear Expense; No Claims against City

260. State Treasurer’s lists regarding Iran and Boycott of Israel

270. Notice Under the Americans with Disabilities Act (ADA)

280. Values of the City of Durham regarding the Treatment of Employees of the Contractor

ATTACHMENTS

Attachment A – Scope and Specifications Attachment B – Unit Price List Attachment C – Draft Contract Attachment D – Class B Land Application Permit

Request for Proposal (RFP) from qualified firms to provide handling and disposal of water treatment residuals and water reclamation biosolids for the City of Durham’s Department of Water Management for a term of five years.

10. Date of RFP: July 28th, 2026

20. Project Manager and Contact with City; Questions about this RFP.

If you have any concerns or questions about this RFP, please contact the Project Manager in writing at the email below:

George Kepic Construction Project Administrator Department of Water Management

1600 Mist Lake Drive, Durham, NC 27704 919-560-4388 ext. 35238

George.Kepic@durhamnc.gov

If you have concerns about this RFP that you believe are not being addressed by the project manager, please contact in writing by email:

Lori Montgomery, PE Senior Engineering Manager

Department of Water Management 1600 Mist Lake Drive, Durham, NC 27704

Lori.Montgomery@durhamnc.gov mailto:Lori.Montgomery@durhamnc.gov

DESCRIPTION OF PROJECT AND NATURE OF RFP

30. Project.

The City of Durham Department of Water Management (City) operates two water treatment plants and two water reclamation facilities that generate water treatment residuals and wastewater biosolids requiring transportation, beneficial reuse, processing, composting, and, when necessary, landfill disposal. The City currently manages these materials through a combination of Class B land application, Class A distribution and composting.

Facility information is provided below:

Facility Location Permitted Capacity

Williams WTP 1405 Hillandale Road, Durham, NC 22 MGD

Brown WTP 1615 Infinity Road, Durham, NC 42 MGD

North Durham WRF 1900 East Club Boulevard, Durham, NC 20 MGD

South Durham WRF 6605 Farrington Road, Chapel Hill, NC 20 MGD

Through this Request for Proposals (RFP), the City is soliciting proposals from qualified contractors to provide the handling, transportation, beneficial reuse, and disposal of residuals and biosolids generated at these facilities. Services may include, but are not limited to, transportation of materials to approved land application sites, Class B land application activities, Class A distribution, other non-classified distribution of WTP residuals, transportation to permitted composting facilities, transportation and disposal at approved landfill facilities (only when necessary), removal of materials from anaerobic digesters, lagoons or other treatment tanks, and related regulatory compliance and reporting services.

All services shall be performed in accordance with applicable federal, state, and local laws, regulations, permits, and guidance, including but not limited to requirements of the North Carolina Department of Environmental Quality (NCDEQ), EPA 40 CFR Part 503 regulations, and the City's Biosolids Land Application Permit No. WQ003504, as applicable. The permit is included as Attachment D – Class B Land Application Permit.

The City generates both water treatment residuals and wastewater biosolids throughout the year. Estimated annual quantities, facility-specific information, material characteristics, contractor responsibilities and operational requirements are provided in Attachment A - Scope and Specifications, to assist proposers in developing responsive and competitive proposals.

The City seeks contractor(s) with demonstrated experience, technical expertise, operational capacity, regulatory knowledge, qualified personnel, equipment resources, and financial stability necessary to provide these services in a safe, reliable, cost-effective, and environmentally responsible manner.

The City anticipates awarding one or more contracts with an initial term of five (5) years. The City reserves the right to award a single contract for all services or multiple contracts for individual service categories, including but not limited to transportation, Class B land application, Class A distribution, other non-classified distribution of WTP residuals, composting, landfill disposal (only when necessary), and regulatory compliance support.Proposals shall be submitted in the format prescribed within this RFP and will be evaluated based on the criteria detailed in Section 180.

40. Scope of Work. The City is soliciting proposals from qualified contractors to provide comprehensive residuals and biosolids management services, including transportation, beneficial reuse, composting, landfill disposal (only when necessary), regulatory compliance support, and related services associated with materials generated at City treatment facilities. This may generally be accomplished through hauling of material to appropriate sites for Class B land application and performing actual application. It may also involve Class A distribution, other non-classified distribution of WTP residuals, or hauling material to properly licensed and permitted composting facilities or landfill facilities. The City seeks to maximize beneficial reuse opportunities, including land application as a soil amendment and processing into compost products. In circumstances where beneficial reuse is not practical or permissible, alternative management and disposal methods may be utilized only with prior approval from the City. On occasion, work may involve special projects at treatment plants such as, but not necessarily limited to, digester cleanout; lagoon cleanout, drying bed cleanout, etc.

Pricing for special projects identified during the course of this contract will be negotiated on a case-by-case basis and authorized in writing by the City’s contract manager prior to any work occurring. The Contractor shall furnish all labor, supervision, personnel, equipment, vehicles, materials, permits, licenses, testing, sampling, reporting, management, and incidentals necessary to perform the work described herein in a safe, reliable, efficient, and environmentally compliant manner. The Contractor shall maintain sufficient personnel, equipment, disposal capacity, contingency plans, and backup facilities to ensure uninterrupted service throughout the term of the contract. The Contractor shall be responsible for identifying and acquiring new land application sites as necessary for a successful Class B land application program.

Refer to Attachment A – Scope and Specifications for full scope details. Attachment A provides facility information, historical production quantities, operational requirements, and technical information to assist proposers in preparing responsive proposals. Historical quantities and operational information are provided for estimating purposes only and shall not be construed as guaranteed minimum or maximum quantities.

50. Compensation Amount and Schedule. Payment will be based upon negotiated unit prices for services as listed in Attachment B – Unit Price List. Complete the Attachment B - Unit Price List for the items shown.

On an annual basis, the Unit Prices in Attachment B – Unit Price List will be adjusted based on the Consumer Price Index (CPI) as appropriate. Actual quantities will vary and are not guaranteed.

60. Definitions in this RFP: City, RFP, Proposal, Candidate, Contractor, Should. Unless the context indicates otherwise –

(a) The expressions “RFP,” “this RFP,” and “the RFP” refer to this document as it may be amended or updated. (b) “City” and “city” mean the City of Durham. (c) The “proposal” or "Bid" is the response of a person, firm, or corporation proposing to provide the services sought by this RFP. (d) The word “Candidate” or “candidate” is the person, firm, or corporation that submits a proposal or that is considering submitting a proposal. (e) The word “Contractor” or “contractor” is the person, firm, or corporation with which the City enters into a contract to provide the services sought by this RFP. That is, “contractor” generally refers to a successful candidate that has obtained a fully executed contract with the City, while “candidate” is generally reserved to the stage before a contract has been signed. (f) The word “should” is used to tell candidates what the City thinks it wants and/or what the project manager thinks is best. Candidates that want to increase the likelihood of being selected will, in general, do what the RFP says candidates “should” do, but failure to comply with all “shoulds” will not necessarily and automatically result in rejection.

70. Contract. The City anticipates that at the conclusion of the RFP process, there will be a contract between the City and the successful candidate(s) under which the successful candidate(s) will provide the goods and services generally described in this RFP. It is the City’s intention to use the contract that is attached as Attachment C – Draft Contract, modified and filled in to reflect the RFP and the proposal. If a candidate objects to any of the contract provisions, it should state the objections in its proposal. An objection does not guarantee that the City will change its contract provisions. Failure to provide objections creates an assumption that the candidate accepts all standard City contract terms and conditions.

If federal assistance or funds are used in conjunction with the services provided by the candidate(s), clauses for contracts involving federal financial assistance shall be incorporated into the contract. The candidate(s) is required to be familiar with these federal assistance clauses and to comply with them.

70.5 Contract Term. The Contract shall have an initial term of five (5) years, beginning approximately January 1, 2027.

80. Trade Secrets and Confidentiality. As a general rule, all submissions to the City are available to any member of the public. However, if materials qualify as provided in this section, the City will take reasonable steps to keep trade secrets confidential.

Definitions.

In this section (Trade Secrets and Confidentiality) – The term “candidate” includes the candidate as contractor (that is, after it is a party to a contract with the City).

The term “trade secret” means business or technical information, including but not limited to a formula, pattern, program, device, compilation of information, method, technique, or process that:

a. Derives independent actual or potential commercial value from not being generally known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and

b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The existence of a trade secret shall not be negated merely because the information comprising the trade secret has also been developed, used, or owned independently by more than one person, or licensed to other persons.

The term “record” means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, received by the City of Durham in connection with the candidate’s proposal.

(a) Designation of Confidential Records. To the extent that the candidate wishes to maintain the confidentiality of trade secrets contained in materials provided to the City, the candidate shall prominently designate the material with the words “trade secrets” at the time of its initial disclosure to the City. The candidate shall not designate any material provided to the City as trade secrets unless the candidate has a reasonable and good-faith belief that the material contains a trade secret. When requested by the City, the candidate shall promptly disclose to the City the candidate’s reasoning for designating material as trade secrets; the candidate may need to label parts of that reasoning as trade secrets. In providing materials to the City, the candidate shall make reasonable efforts to separate those designated as trade secrets from those not so designated, both to facilitate the City’s use of the materials and to minimize the opportunity for accidental disclosure. For instance, if only a sentence or paragraph on a page is a trade secret, the page must be marked clearly to communicate that distinction. To avoid mistake or confusion, it is generally best to have only trade secret information on a page and nothing else on that page.

To the extent authorized by applicable state and federal law, the City shall maintain the confidentiality of records designated “trade secrets” in accordance with this section. Whenever the candidate ceases to have a good-faith belief that a particular record contains a trade secret, it shall promptly notify the City.

(b) Request by Public for Access to Record. When any person requests the City to provide access to a record designated as a trade secret in accordance with subsection (a) above, the City may

(1) decline the request for access,

(2) notify the candidate of the request and that the City has provided, or intends to provide, the person access to the record because applicable law requires that the access be granted, or

(3) notify the candidate of the request and that the City intends to decline the request.

Before declining the request, the City may require the candidate to give further assurances so that the City can be certain that the candidate will comply with subsection (c) below.

(c) Defense of City. If the City declines the request for access to a record designated as trade secrets in accordance with subsection (a), then, in consideration of the promises in (b) above and for considering the candidate’s proposal, the candidate agrees that it shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise in any manner from, in connection with, or out of the City’s non-disclosure of the records. In providing that defense, the candidate shall at its sole expense defend Indemnitees with legal counsel. The legal counsel shall be limited to attorneys reasonably acceptable to the City Attorney.

Definitions. As used in this subsection (c), “Charges" means claims, judgments, costs, damages, losses, demands, liabilities, fines, penalties, settlements, expenses, attorneys’ fees, and interest. Indemnitees" means the City, and officers, officials, independent contractors, agents, and employees, of the City. “Indemnitees” does not include the candidate. The City may require the candidate to provide proof of the candidate’s ability to pay the amounts that may reasonably be expected to become monetary obligations of the candidate pursuant to this section. If the candidate fails to provide that proof in a timely manner, the City shall not be required to keep confidential the records whose non-disclosure gives rise to the potential monetary obligation. Nothing in this agreement shall require the City to require any person (including the City itself) to be placed in substantial risk of imprisonment, of being found by a court to be in contempt, or of being in violation of a court order. This subsection (c) is separate from and is to be construed separately from any other indemnification and warranty provisions in the contract between the City and the candidate.

85. Reserved.

90. Bonds. No performance bond or payment bond is required for this contract.

100. Insurance. Insurance Requirements The Contractor agrees to maintain on a primary basis, at its sole expense, and at all times during the life of this contract the following applicable coverages and limits. The requirements contained herein, as well as the City’s review or acceptance of insurance maintained by the Contractor, is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the Contractor under this contract.

Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement excluding or limiting Product/Completed Operations, Contractual Liability, Cross Liability, or Personal and Advertising Injury Liability.

Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned, and Hired automobiles. In the event the Contractor does not own automobiles, the Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or by separate Auto Liability policy. Automobile coverage is necessary only if vehicles are used in the provision of services under this contract or are brought on a City site.

Umbrella or Excess Liability – The Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability. However, the Annual Aggregate limits shall not be less than the highest “Each Occurrence” limit for required policies. The Contractor agrees to endorse the City as an “Additional Insured” on the Umbrella or Excess Liability unless the certificate of insurance states the Umbrella or Excess Liability provides coverage on a “Follow-Form” basis.

Workers’ Compensation & Employers Liability – The Contractor agrees to maintain Worker’s Compensation Insurance in accordance with Chapter 97 of the North Carolina General Statutes and with Employer Liability limits of no less than $1,000,000 for each accident, each employee, and policy limit. This policy must include a waiver of subrogation.

Environmental/Pollution- The Contractor agrees to maintain Environmental/Pollution Liability Insurance with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, covering claims arising out of the use or application of chemicals/herbicides, as well as the negligent release of hazardous materials. Coverage may also be satisfied by endorsement to the Commercial General Liability policy with minimum limits of $1,000,000/$2,000,000.

Additional Insured – The Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability. The Additional Insured shall read “City of Durham as its interest may appear”.

Certificate of Insurance – The Contractor agrees to provide the City a certificate of insurance evidencing that all coverage, limits, and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by the Contractor’s insurer. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor agrees to notify the City within five (5) Business Days with a copy of the non-renewal or the cancellation notice or with written specifics as to which coverage is no longer in compliance. The Certificate Holder address should appear as follows:

City of Durham Attn: Water Management 101 City Hall Plaza Durham, NC 27701

All primary insurance carriers must be authorized to do business in North Carolina. As used in this contract, “Business Day” is defined as any day other than Saturdays, Sundays, and any legal holiday recognized by the City pursuant to City Code Section 42-16, as amended.

110. Discretion of the City.

A. The City of Durham reserves the right to (i) reject any, any part of, or all proposals, or (ii) accept that proposal which the City deems to be in its best interest, whether or not it is the lowest dollar proposal.

B. NOTWITHSTANDING anything to the contrary in this document or in any addendums to this document, unless the contrary provision refers specifically to this provision, the City reserves the right (i) to negotiate changes of any nature with any candidate with respect to any term, condition, or provision in this document and/or in any proposals, whether or not something is stated to be mandatory and whether or not it is said that a proposal will be rejected if certain information or documentation is not submitted with it, and (ii) to enter into an agreement for some or all of the work with one or more persons, firms, or corporations that do not submit proposals. For example, all deadlines are for the administrative convenience or needs of the City and may be waived by the City in its discretion. This subparagraph B applies to the entire RFP.

C. Where the City asks or tells candidates to do stated things, such as that a proposal should follow a stated format or that the candidate should do stated things in seeking the contract, the City may reject a proposal because it does not comply with those requests, so the candidate is adding to its risk of rejection by non-compliance. Still, the City may, in its discretion, waive non-compliance. This subsection (C) does not limit subsections (A) and (B).

D. Of course, once a contract is signed, the parties to the contract may enforce the contract according to its terms as allowed by applicable law.

SCHEDULE

120. Schedule.

The City expects the contract to be executed using the following timeline:

Virtual Pre-Submittal Conference: August 11th, 2026, at 10:30am via TEAMS Questions Due Date: August 21st, 2026, at 3pm Proposal Due Date: August 28th, 2026, at 3pm Proposal Evaluation: September 2026

130. Keeping Proposals Open. All proposals will remain open and valid for the City to accept for a period of at least__90__ days after the deadline for submission of proposals. The Project Manager may release candidates from this obligation by a written letter that specifically refers to this paragraph if he or she determines that the candidate and/or the proposal will not meet the City’s needs.

140. Deadline to Submit Proposals. Candidates should ensure that their proposals are received via email by August 28th, 2026, at 3:00 pm ET.

GETTING MORE INFORMATION ON THE PROJECT AND RFP PROCESS

150. Questions. Questions about the RFP and the RFP process should be submitted to the project manager identified in Section 20 of this RFP.

160. Pre-submittal conferences, meetings, and site visits. Contractors who are interested in submitting a proposal are strongly encouraged to attend a virtual pre-submittal meeting conference on August 11th, 2026, at 10:30am. Those interested in attending should email George.Kepic@durhamnc.gov for an invitation to the meeting. Attendees should be familiar with this RFP. The meeting will include an overview of the project and a review of the RFP submittal requirements.

170. Updates and revisions to RFP. If you have supplied the Project Manager with your preferred method of contact (email, fax, etc.), updates to this RFP (“addendums” or “addenda”) will be sent to you in that manner. This RFP and addendums will be posted on the City’s website, on the Purchasing Division’s webpage. Check that webpage to see that you have received all addenda. Signed copies of the addenda should be included in the submittal of the RFP.

EVALUATION CRITERIA

180. Evaluation Criteria.

If an award is made, the City will award to the highest scoring responsible, responsive proposer, taking into consideration quality, performance, and the time specified in this RFP for the performance of the contract. Only proposals from proposers having the demonstrated ability to perform the required work based on expertise, qualifications, and prior experience will be accepted. A number of relevant criteria will be considered to determine if a proposer is qualified to perform the work, including the following:

• Professional qualifications and required certifications to perform the work

• Prior experience performing similar work for other water/wastewater utilities

• Proposed approach to beneficial use and/or disposal of the City’s wastewater biosolids and water treatment residuals, and demonstrated capacity to handle 100% of the City’s estimated production rate

• Firm Location and Proximity to our Treatment Facilities

• Cost

Evaluation Criteria Weight

Qualifications 20% Project Experience and References 20% Approach and Demonstrated Capacity 30% Firm Location/Availability 10% Cost 20%

TOTAL: 100%

CONTENTS OF PROPOSAL

190. Contents of Proposal.

The proposal should include sections, numbered as follows:

1. Contact information. Include the candidate’s name and address, and the contact information (name, mailing address, email address, fax number, and telephone number) of the person whom the City should contact regarding the proposal.

2. Legal Status of the Candidate and Signers. State the full, exact name of the candidate. State whether the candidate is an individual, corporation, limited partnership, general partnership, limited liability company, professional corporation, professional association, etc. If it is anything other than an individual or a general partnership, specify the State under which the entity is organized. If the State under which the entity is organized is not North Carolina, specify whether the candidate has received a certificate of authority from the N. C.

Secretary of State to transact business in North Carolina. State whether the entity is in existence at the time the proposal is submitted, and if not, whether and when the candidate intends to officially form the entity. State the names and titles of the individuals who will sign the contract with the City.

3. Qualifications. List designated Project Manager and supporting technical personnel with demonstrated experience managing and performing residuals and biosolids management services of similar size, complexity, and scope. The qualifications of the proposed project team will be evaluated based on the information provided in the proposal, at a minimum:

The following information shall be included with the proposal:

i. Corporate Organization and Resources Provide the firm's corporate organizational chart, identify the number of full-time employees, and list type and number of company-owned equipment that will be used to provide the services described herein.

ii. North Carolina Licensed Personnel Provide documentation demonstrating that the firm employs or has access to personnel who are currently licensed by the State of North Carolina as a Land Applicator and Operator, as required to perform the proposed services. Include copies of applicable licenses or certifications.

iii. Composting Facility If proposing composting services, provide documentation demonstrating ownership, operation, or contractual access to a permitted Class A Composting Facility located within the State of North Carolina. Include the facility name, permit number, location, available processing capacity, and a brief description of the facility's operations.

4. Experience and References. List demonstrated experience performing residuals and biosolids management services for water/wastewater utilities within the past five (5) years. Include volume of solids handled annually and method of beneficial reuse or disposal. For each utility served, provide contact information for a reference familiar with the services provided. Identify the roles and responsibilities of proposed key personnel on each relevant example.

5. Approach and Demonstrated Capacity. The following information shall be included with the proposal, at a minimum:

i. Operational Capacity Explain how the Contractor will maintain sufficient operational capacity to ensure uninterrupted management of all residuals and biosolids generated by City facilities under normal operations while maximizing beneficial use to the greatest extent possible. Specifically, list what percentage of residuals and biosolids will be directed to land application and/or composting.

ii. Contingency Planning Describe how the Contractor will identify and maintain access to alternative disposal or composting facilities, land application sites, and/or storage facilities sufficient to provide continuous service throughout the contract term.

Describe what contingency measures will be used if the primary management, transportation, processing, or disposal options become unavailable.

6. Firm Location/Availability. Provide the location of primary business, and location of any satellite locations from where work will be performed. Describe the firm’s availability to perform the work and state to what extent, if any, the work may be subcontracted.

7. Cost. Complete the Attachment B - Unit Price List for the items shown.

8. Assumptions regarding City of Durham Actions and Participation. If your proposal assumes that the City will take certain actions, provide facilities, or do anything else, you should state these assumptions explicitly.

9. Reserved.

10. Small Local Business Enterprises (SLBEs) The Small Local Business Enterprises Program is not applicable to this project.

11. Financial Condition, Insurance, Bonds, and Taxes.

A proposal should include an acknowledgement of the insurance requirements that are listed in Section 100 (Insurance). It is expected that each candidate must fulfill the insurance requirements by the time a contract is executed. The City may reject any proposal that does not have this acknowledgement.

The City may reject proposals from candidates that are overdue on City property taxes.

12. Conflict of Interest. If the candidate has any grounds to believe there could be a conflict of interest, such as that a City employee who is involved in awarding the contract has a connection with the candidate, please explain.

13. Non-collusion.

Sign the following and include it with your response:

NON-COLLUSION AFFIDAVIT

By executing this proposal, I certify that this proposal is submitted to the City of Durham competitively and without collusion. I am authorized to represent the candidate both in submitting this proposer and in making this Non-collusion Affidavit. To the best of my knowledge and belief, (1) the candidate has not violated N. C.

General Statute section 133-24 in connection with the proposal, (2) the candidate has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its proposal, and (3) the candidate intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. The neuter includes the masculine and the feminine. The candidate to which this Non-Collusion Affidavit refers is:

(insert name of candidate)

(signature of individual)

ACKNOWLEDGMENT

Type or print name of the individual who signed the affidavit:

Type or print the name of Notary Public signing this acknowledgment:

Place where acknowledgment occurred: County of __________________, State of ________

Notary’s residence : County of __________________________, State of ___________

I, the Notary Public named above, certify (1) the individual named above personally appeared before me this day,

(2) I have personal knowledge, or satisfactory evidence, of the individual’s identity; and (3) the individual acknowledged signing the foregoing affidavit.

This the ____ day of ____________, 20____. _________________________________

Notary Public

My commission expires:

COVER LETTER WITH PROPOSAL

200. Cover letter. The proposal should contain a cover letter, signed by a principal of the candidate firm. The cover letter should contain the following statement:

The undersigned, whose title and position with the candidate are stated next to or beneath his or her signature, has the authority to submit this proposal (including this cover letter) on behalf of the candidate in response to the City of Durham’s Request for Proposals.

Unless otherwise clearly stated in this response to the RFP, our proposal accepts the terms and conditions stated in the RFP, including the description of services to be performed and the provisions of the contract to be signed.

The cover letter should contain one of the following two paragraphs A or B. If (i) the cover letter lacks both paragraph A and paragraph B, or (ii) the cover letter contains paragraph A but fails to comply with the instructions in the section of the RFP titled “Trade Secrets and Confidentiality,” the City may treat everything it receives from the candidate as NOT trade secret or confidential, and the City may disclose to the public everything it receives from the candidate.

A. With respect to all trade secrets that the candidate may submit to the City in connection with this proposal or the contract, if the contract is awarded to the candidate, the candidate shall comply with the section of the RFP titled “Trade Secrets and Confidentiality,” including all of its subsections, including the subsection titled “Defense of City.” The candidate acknowledges that the City will rely on the preceding sentence.

-or- B. The candidate is not submitting any trade secrets to the City in connection with this proposal or the contract; if the contract is awarded to the candidate, the candidate will not submit any trade secrets to the City in connection with this proposal or the contract. The candidate acknowledges that the City will rely on the preceding sentence.

The cover letter should also include the following statement:

This proposal is not an offer, and the candidate retains the right to decline to enter into a contract with the City for this project.

210. Addendums. The cover letter should list the last addendum that the City issues for this RFP, with a statement such as The undersigned candidate has read all the addendums issued by the City for this RFP, through and including Addendum No.

____. In that blank the candidate should list the number of the last addendum.

HOW TO SUBMIT A PROPOSAL

220. How to submit a proposal.

Candidates should email their proposals to the project manager at the email address shown in Section 230. (Format)

230. Format. Candidates shall submit, by email, one (1) digital copy of the signed proposal in PDF format to george.kepic@durhamnc.gov. File Transfer links shall be accepted if necessary.

240. Reserved.

250. Candidate to Bear Expense; No Claims against City. No candidate will have any claims or rights against the City arising out of the participation by a candidate in the proposal process. No candidate will have any claims or rights against the City for the City’s failure to award a contract to it or for awarding a contract to another person, firm, or corporation, regardless of whether the other person, firm, or corporation participated in the RFP process or did not submit a proposal that complied with the RFP. A notice of award will not constitute acceptance by the City; the City’s only method of acceptance is the City’s execution of a formal contract in accordance with law.

260. State Treasurer’s lists regarding Iran and Boycott of Israel. If the value of the contract is $1,000 or more, the following applies unless the candidate otherwise states in its proposal: the candidate affirms (by submitting a proposal) that (1) its name does not appear on the list of companies that are engaged in a boycott of Israel developed by the N. C.

State Treasurer under N.C.G.S. 14786.81(a)(1) or on a list created by the Treasurer pursuant to N.C.G.S. 14786.58 as a mailto:george.kepic@durhamnc.gov company engaging in investment activities in Iran, and (2) it has no reason to expect that its name will appear on either of those lists. Take notice that a contract between a company named on either list and the City may be void.

270. Notice Under the Americans with Disabilities Act. A person with a disability may receive an auxiliary aid or service to effectively participate in city government activities by contacting Durham One Call at 919-560-1200 or ADA@DurhamNC.gov, as soon as possible but no later than 48 hours before the event or deadline date.

Aviso en virtud de la Ley de Estadounidenses con Discapacidades -- Con el fin de recibir un recurso o servicio auxiliar para participar de manera efectiva en las actividades del gobierno de la ciudad, cualquier persona con una discapacidad puede comunicarse con la línea Durham One Call al teléfono 919-560-1200 o al correo ADA@DurhamNC.gov, tan pronto como sea posible, a más tardar 48 horas antes del evento o fecha límite.

280. Values of City of Durham regarding Treatment of Employees of Contractors

A. Statement of City EEO Policy. The City of Durham opposes discrimination in employment because of race, color, religion, sex, national origin, disability, familial status, military status, sexual orientation, gender identity, and protected hairstyle. Consistent with Chapter 34 (Non-Discrimination) of the Durham City Code, the City requires that firms doing business with the City:

1. not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, familial status, military status, sexual orientation, gender identity, and protected hairstyle.

2. take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, national origin, sex, disability, familial status, military status, sexual orientation, gender identity, and protected hairstyle. This action includes employment, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

3. state, in solicitations or advertisement for employees, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, disability, familial status, military status, sexual orientation, gender identity, and protected hairstyle.

4. include this Statement of City EEO Policy in every purchase order for goods to be used in performing City contracts and in every subcontract related to City contracts.

B. Livable Wage. The City of Durham desires that firms doing business with the City pay their workers a livable wage rate while working on City contracts. The livable wage rate is $25 per hour.

---- End of RFP ---

Attachment A

Scope and Specifications

WATER TREATMENT RESIDUALS AND BIOSOLIDS MANAGEMENT SERVICES

1. BACKGROUND

The City of Durham Department of Water Management (City) operates two water treatment plants and two water reclamation facilities that generate water treatment residuals and wastewater biosolids requiring transportation, beneficial reuse, processing, composting, and, when necessary, landfill disposal. The City currently manages these materials through a combination of Class B land application, Class A distribution and composting.

Wastewater Biosolids Biosolids generated at the South Durham Water Reclamation Facility (WRF) are mechanically dewatered using belt filter presses and/or drying beds and stored on a covered concrete pad until removed by the Contractor. Biosolids are primarily land applied by the Contractor under North Carolina Department of Environmental Quality (NCDEQ) Class B land application permit WQ0003504. The existing permit, issued June 10, 2026, authorizes approximately 1371 acres of permitted land application area and expires in May 2034. According to the most recent annual report, approximately 858 acres were utilized for Class B land application during 2025.

Biosolids generated at the North Durham WRF are mechanically dewatered using belt filter presses and are combined with yard waste material and composted on-site via a third-party composting operation.

This composting operation is outside the scope of services being solicited under this RFP.

Water Treatment Residuals Williams Water Treatment Plant (WTP) generates thickened liquid residuals which must be transported approximately 8.5 miles to the Brown Water Treatment Plant for dewatering. This currently averages 3- 4 trucks a day. Deliveries to Brown Water Treatment Plant are generally limited to 7:00 a.m. through 2:15 p.m., Monday through Friday, excluding City holidays, unless otherwise approved by the City.

Brown WTP Residuals and Williams WTP residuals are mechanically dewatered using belt filter presses and stored on a covered concrete storage pad until removed by the Contractor. Dewatered residuals from both WTPs are primarily distributed via a contractor’s Class A Distribution permit, but may be land applied under Class B Land Application Permit WQ0003504 when necessary.

This Attachment A provides facility information, historical production quantities, operational requirements, and technical information to assist proposers in preparing responsive proposals.

Historical quantities and operational information are provided for estimating purposes only and shall not be construed as guaranteed minimum or maximum quantities.

2. CITY TREATMENT FACILITIES

The Contractor will be required to provide services for the following facilities:

Table 1. Facility Information

Facility Address Material Generated Permitted Capacity

(MGD)

Williams WTP 1405 Hillandale Road, Durham, NC Water Treatment Residuals

Brown WTP 1615 Infinity Road, Durham, NC Water Treatment Residuals

North Durham WRF 1900 East Club Boulevard, Durham, NC Wastewater Biosolids

South Durham WRF 6605 Farrington Road, Chapel Hill, NC Wastewater Biosolids

3. HISTORICAL PRODUCTION DATA

The information in Table 2. represents approximate quantities from recent operating history and is intended solely to assist proposers in estimating equipment, staffing, transportation, processing, and disposal requirements. Actual quantities may vary due to seasonal conditions, treatment processes, regulatory requirements, weather events, and operational needs. The City does not guarantee any minimum or maximum quantity of work under this Contract. The Contractor will be responsible for beneficial reuse or disposal of all biosolids and residuals generated by the South Durham WRF, the Brown WTP and the Williams WTP. Should the City choose to discontinue the North Durham WRF composting operation in the future, the Contractor will also be responsible for beneficial reuse or disposal of a portion or all of the biosolids generated by the North Durham WRF.

Table 2. Historical Production Data

Facility Material 2024 Production

Production

Solids Content

Class B Land Application Percentage

Class A Distribution Percentage

Composting Percentage

Landfill Percentage

Williams WTP Liquid Residuals Transported to Brown WTP

5,797,500 gal 7,143,000 gal 2.0-4.0% N/A N/A N/A N/A

Brown WTP WTP Residuals as Dewatered Cake

14,164 CY 17,560 CY 19.9 % 30%* 70% 0 0

North Durham

WRF

Wastewater Biosolids as Dewatered Cake

17,061 CY 16,120 CY 16.0 % 2% 0% 98% 0%

South Durham

WRF

Wastewater Biosolids as Dewatered Cake

22,322 CY 24,513 CY 17.5 % 100% 0% 0% 0%

*Approximate percentage based on information presented in the Class B Land Application permit renewal application.

4. CONTRACTOR RESPONSIBILITIES

The Contractor shall furnish all labor, supervision, personnel, equipment, vehicles, materials, permits, licenses, testing, sampling, reporting, management, and incidentals necessary to perform the work described in the Contract. The Contractor will maximize beneficial reuse opportunities, including land application as a soil amendment and processing into compost products. In circumstances where beneficial reuse is not practical or permissible, alternative management and disposal methods may be utilized only with prior approval from the City.

The Contractor shall be responsible for:

A. Class B Land Application of Dewatered Solids When providing land application for Class B Biosolids, services shall include, at a minimum:

• Land acquisition and permitting

• Obtaining and maintaining landowner agreements

• Obtaining and maintaining required permits and permit amendments from the

North Carolina Department of Environmental Quality (NCDEQ)

• Coordination with landowners, site operators, and permitted application fields

• Transportation of materials from City facilities to approved land application sites

• Loading, hauling, spreading, incorporation, and site restoration activities

• Compliance with all permit requirements and site restrictions

• Nutrient management and agronomic rate calculations

• Recordkeeping and regulatory reporting, as applicable

• Odor, runoff, erosion, and vector control measures

• Maintenance of all permits, certifications, and approvals required to perform the work The Contractor shall perform all services in accordance with the requirements of current Class B land application permit WQ0003504 and any subsequent permit renewals or amendments issued by NCDEQ during the term of the Contract. All land application activities shall comply with applicable federal, state, and local regulations, including NCDEQ requirements, EPA 40 CFR Part 503 regulations, and all applicable permit conditions.

B. Distribution of Water Treatment Plant Residuals When providing distribution services for WTP residuals either under a Class A permit or other non-classified method, services shall include, at a minimum:

• Transportation of materials from City facilities to approved distribution sites

• Loading, unloading and any storage that may be required prior to distribution

• Compliance with all regulatory requirements

• Recordkeeping and regulatory reporting, as applicable

• Maintenance of all permits, certifications, and approvals required to perform the work

C. Composting Services When providing composting for Class B Biosolids or WTP Residuals, services shall include, at a minimum:

• Transportation of materials to properly permitted composting facilities

• Loading, unloading and any storage that may be required prior to composting

• Payment of all composting facility fees such as tipping fees, processing fees, regulatory sampling/compliance fees

• Regulatory compliance and permit maintenance, as applicable

• Record keeping and regulatory reporting, as applicable

• Maintenance of all permits, certifications, and approvals required to perform the work

D. Landfill Disposal Services When necessary, the Contractor shall provide landfill disposal services for materials deemed unsuitable for beneficial reuse, or when land application or composting capacity may not be available. Services shall include, at a minimum:

• Transportation to approved disposal facilities

• Payment of all disposal and tipping fees

• Coordination with landfill operators

• Documentation of disposal quantities, dates, and disposal locations

• Emergency and contingency disposal services as requested by the City All landfill facilities utilized under this contract shall possess and maintain all required permits, licenses, and approvals necessary to accept the materials delivered under this contract.

E. Transportation and Hauling Services The Contractor shall provide transportation and hauling services for biosolids, residuals, liquids, and associated materials between City facilities and approved reuse, processing, transfer, treatment, and disposal locations. All vehicles and transportation equipment shall be properly maintained and operated in compliance with applicable Department of Transportation (DOT), environmental, and safety regulations. The Contractor shall:

• Utilize leak-proof and properly maintained transportation equipment

• Prevent spills, tracking, odors, and nuisance conditions

• Immediately clean and remediate spills attributable to Contractor operations

• Coordinate transportation schedules with City staff

• Maintain sufficient transportation capacity to meet City operational requirements

F. Vector Attraction Reduction (VAR) Compliance – Alkaline Stabilization The Contractor shall provide alkaline stabilization services if necessary to achieve applicable Vector Attraction Reduction requirements.

G. Vector Attraction Reduction (VAR) Compliance – Incorporation The Contractor shall provide incorporation services if necessary to satisfy regulatory incorporation requirements and timeframes.

H. Sampling and Testing

The Contractor shall provide collection and transportation of samples, laboratory analysis, and reporting of biosolids and residual sampling as required by applicable permits, regulations, or City direction.

I. Documentation and Reporting The Contractor shall prepare and submit documentation required by governing agencies.

Documentation may include, but is not limited to:

• Load tickets

• Hauling manifests

•…