Stormwater Control Measure Maintenance.pdf

Stormwater Control Measure Maintenance (SD-2026-12)

7.9.2026 COD Model RFP

Request for Proposal (RFP) RFP No. SD-2026-12

RFP Issued: October 14, 2026

SELECTED CONTENTS

Contents

10. Date of RFP

20. Project Manager and Contact with City

DESCRIPTION OF PROJECT AND NATURE OF RFP

30. Project

40. Scope of Work

50. Compensation Amount and Schedule

60. Contract Management and Project Management System

70. Definitions in this RFP

80. Contract

90. Trade Secrets and Confidentiality

95. Reserved

100. Bonds

110. Insurance

120. Discretion of the City

SCHEDULE

130. Schedule

140. Keeping Proposals Open

150. Deadline to Submit Proposals

GETTING MORE INFORMATION ON THE PROJECT AND RFP PROCESS

160. Questions

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

180. Updates and revisions to RFP

EVALUATION CRITERIA

190. Evaluation Criteria

195. Cover Letter

200. Qualifications

205. Experience

210. Understanding of the Project

215. Miscellaneous

220. Contract Cost

7.9.2026 COD Model RFP

CONTENTS OF PROPOSAL

230. Contents of Proposal

240. Reserved

HOW TO SUBMIT A PROPOSAL

250. How to submit a proposal

260. Format

270. Alternative Proposals

280. Candidate to Bear Expense; No Claims against City

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

MISCELLANEOUS

300. Notice Under the Americans with Disabilities Act

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

Exhibit A – Contract

Exhibit B – List of Stormwater Control Measures (SCMs)

Exhibit C – Project Special Provisions

Exhibit D – Non-Collusion Affidavit

Exhibit E – Contractor Safety Record Information Exhibit F – Maps

Stormwater Control Measure Maintenance (SD-2026-12) Request for Proposal (RFP) for : Stormwater Control Measure Maintenance

10. Date of RFP. October 14, 2026

20. Project Manager and Contact with City; Questions about this RFP. Direct questions and concerns to:

Attn: Antwon Williams Engineering and Stormwater Division Environmental and Street Services Department 101 City Hall Plaza Durham, NC 27701-3329

Office: (919) 560-4326 ext. 30254 Email: antwon.williams@DurhamNC.gov

Project Web Page: https://durhamnc.gov/5606

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

Attn: Marvin Williams Director of Environmental and Street Services Environmental and Street Services Department 101 City Hall Plaza Durham, NC 27701-3329

Office: (919) 560-4326 ext. 30225 Fax: (919) 560-4316 Email: marvin.williams@DurhamNC.gov

DESCRIPTION OF PROJECT AND NATURE OF RFP

30. Project.

Background:

The City of Durham’s Environmental and Street Services Department (ESS), now or formerly, maintains water quality Stormwater Control Measures (SCMs) owned or overseen by the department which require maintenance and/or repairs as deemed necessary based on inspection for functionality and compliance with local, state, and federal regulations.

Routine maintenance for (40) forty SCMs owned or overseen by the ESS Department is currently provided by a services contract managed by the Department’s Stormwater Infrastructure staff.

The project includes the furnishing of all materials, labor, equipment, licensing, permits, tools, etc. unless otherwise specified, for the maintenance of (20) twenty additional SCMs owned or overseen by the ESS Department. The location and type of SCMs are listed in Exhibit B of this RFP.

Each SCM is inspected for compliance with local, state, and federal requirements annually. Those inspections are based on the SCM specific Operation and Maintenance manual, approved as a part of the SCM permitting and as-built process.

The purpose of this project is to fulfill a requirement of the City of Durham’s National Pollutant Discharge Elimination System (NPDES) stormwater permit by ensuring each SCM meets local, state, and federal requirements for functionality, maintenance, and repair.

It is the City’s intent that this contract shall be issued for a period of one year. The City also anticipates adding SCMs to this contract as new facilities are constructed and or SCMs added to the City’s Maintenance schedule.

The City anticipates that at the conclusion of the RFP process, it will name the successful contractor and negotiate a final contract based on the services detailed in this RFP that the City finds to be in its best interest. The selected contractor will be expected to attend, in person, the City Council Work Session (WS) associated with award of the contract. WS mailto:antwon.williams@DurhamNC.gov https://durhamnc.gov/5606 mailto:marvin.williams@DurhamNC.gov

7.9.2026 COD Model RFP

normally occurs every other Thursday at 1pm. The selected contractor will be responsible for working closely with City staff and their representatives to ensure proper work is performed on all specified areas.

40. Scope of Work. The City of Durham is soliciting a person or firm to establish a contract with qualified contractors to provide maintenance services for City owned SCMs on a monthly and an on-call, as-needed basis. The contractor is expected to provide a schedule to monitor all of the SCMs on a monthly basis dependent on the SCM type, and perform maintenance as needed or on an on-call basis so SCM functionality and compliance meet local, state, and federal regulations. The location and type of SCMs are listed in Exhibit B of this RFP.

The project includes the furnishing of all materials, labor, equipment, licensing, tools, etc. unless otherwise specified, for the maintenance of City owned SCMs:

Maintenance services:

1. Maintenance services includes but is not limited to items listed below, specifications outlined in Exhibit C, and the applicable section of the North Carolina Stormwater Design Manual for the SCM type:

a. Visually inspect all components of the SCMs and provide documentation of the condition of the device.

b. Landscape Maintenance within the SCM area (e.g. mowing, trimming, edging, debris removal, weed control, chemical applications and litter control); Note: Deflective guards shall be in place during mower operation and the contractor shall take care as to not blow debris into adjacent areas outside of the project limits or into the streets.

c. Replenish Bioretention and Filterra device hardwood mulch as needed

d. Rock, stone, and rip rap resetting

e. Removal of trees less than 4-inches in diameter

f. Inspection of underground vaults

g. Vacuum sweep permeable pavement and pavers

h. Pond cleaning to include algae removal by chemical application and/or physical removal

No. Reference Facility SCM Type Inspections Unit

1 EXHIBIT C Central Park - 1 Bioretention 12 EA 2 EXHIBIT C Central Park - 2 Bioretention 12 EA 3 EXHIBIT C Cook Road - A Dry Detention Basin 12 EA 4 EXHIBIT C Cook Road - B Dry Detention Basin 12 EA 5 EXHIBIT C CM Herndon Park Artificial Turf Field (Permeable Pavement) 12 EA 6 EXHIBIT C Old Chapel Hill Road Park Bioretention 12 EA 7 EXHIBIT C American Tobacco Trail (ATT) Bioretention 12 EA 8 EXHIBIT C ATT Level Spreader 1 Level Spreader/Vegetated Filter Strip 12 EA 9 EXHIBIT C ATT Level Spreader 2 Level Spreader/Vegetated Filter Strip 12 EA

10 EXHIBIT C Durham Parks and Recreation Operations Dry Detention Basin 12 EA 11 EXHIBIT C Merrick-Moore Park Bioretention 12 EA 12 EXHIBIT C Merrick-Moore Park Dry Detention Basin 12 EA 13 EXHIBIT C Merrick-Moore Park Dry Detention Basin 12 EA 14 EXHIBIT C Merrick-Moore Park Water Quality Swale 12 EA 15 EXHIBIT C Merrick-Moore Park Wet Detention Basin 12 EA 16 EXHIBIT C Maplewood Cemetery Stormwater Wetland 12 EA 17 EXHIBIT C Solid Waste Truck Wash Wet Detention Basin 12 EA 18 EXHIBIT C Transportation Department - Hardee Street Bioretention 6 EA 19 EXHIBIT C Transportation Department - Fidelity Drive - A Bioretention 6 EA 20 EXHIBIT C Transportation Department - Fidelity Drive - B Bioretention 6 EA 21 EXHIBIT C Future SCM Allowance 1 LS 22 EXHIBIT C Testing and Inspecting Allowances 1 LS

No. Specification Quantity Unit

23 NCDOT 876 20 TN

24 EXHIBIT C 4 MH

25 NCDOT 1631 100 SY

26 NCDOT 1630 20 CY

27 EXHIBIT C 200 EA

28 NCDOT 1660 0.5 AC

29 EXHIBIT C 24 EA

30 NCDOT 200 300 SY

31 NCDOT 200 12 EA

32 NCDOT 200 8 EA

33 NCDOT 1667 10 MH

34 NCDOT 1660 40 CY

35 NCDOT 1660 15 CY

Subtotal for Miscellaneous Total

Supplementary Clearing and Grubbing Select Tree Removal (4.1 to 8‐inch diameter) Select Tree Removal (8.1 to 16‐inch diameter) Additional Specialized Hand Mowing Additional 3-inch Triple Shredded Hardwood Mulch Landscaping Topsoil (4 inch Depth) and Soil Amendments

Aquatic Vegetation Planting Additional Seeding and Mulching Adjust and Extend Cleanout Pipe

Subtotal for Maintenance Item Description

Rip Rap, Class 1

Matting for Erosion Control Additional Silt Excavation or forebay sediment removal

Reset Rip Rap

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i. Operating of gate valves

j. Invasive plant removal

k. Monitor wildlife activities and mosquito habitats

2. Exhibit B: List of SCMs.

3. Exhibit C: Project Special Provisions

Specific Requirements:

The following is a list of requirements for maintaining City of Durham SCMs:

1. Contractor/Firm will be responsible for conducting regulatory sensitive tasks and shall have on staff in the field at least one employee that maintains the correct certifications for Stormwater Management in North Carolina, have a North Carolina Commercial Ground Applicator license for pesticide application, confined space entry, and any other necessary certifications/licenses as contract duties require.

2. Prospective offerors shall have experience and be proficient in the maintenance of all SCMs approved for use in the City of Durham to include wet ponds, dry ponds, bioretention cells, vegetative filter strips, level spreaders, bio swales, Filterra bioretention systems, and under-ground detention vaults.

3. The contractor shall visit all sites and be familiar with the existing conditions of each SCM prior to submitting a proposal for the scope of work. Failure or omission of the Contractor to visit the site and become familiar with the current condition and location of the work which may in any way affect performance shall not relieve the Contractor of any obligation to perform the work. The contractor shall also review and be familiar with any construction documents and Operation and Maintenance manuals.

4. The contractor should have NC SCM Inspection and Maintenance Certification awarded by NC State University Cooperative Extension and be a licensed NC Landscaper Contractor.

5. The contractor shall provide the City with a schedule to adequately monitor and maintain each SCM so it is in compliance with local, state, and federal requirements.

6. Routine maintenance shall occur as listed on the unit price work form.

7. The contractor shall be prepared to add additional SCM locations to the contract.

8. The contractor shall have the experience to identify deficiencies to SCM components in need of repair while completing the original scope of work. Contractor shall also monitor and report on any erosion, sedimentation, water quality, and nuisance wildlife issues found during routine inspections. The contractor shall notify the project manager and recommended repairs.

9. When chemicals/pesticides are applied, notify the City of aquatic herbicide use through the SCM Herbicide Use Notification (SHUN) Survey.

10. The contractor shall submit electronic field reports after each SCM inspection in PDF format that includes the following:

a. Date of monthly inspection

b. Condition of each of the SCM components

c. Any maintenance work that is performed

d. Note deficiencies

e. Photographic documentation

11. List any subcontractors as an additional insured on your insurance policy and note on your proposal who the subcontractor is and what tasks they will be completing. The prime contractor will be responsible for all sub-contractors. The City reserves the right to make any and all decisions in regard to subcontractors and terms of subcontracting.

12. The City requires certain business practices in order to successfully compete for this contract. Offeror shall perform services to the standards as set forth in the Stormwater Management industry.

13. If any unforeseen work becomes necessary, the Contractor will notify the Project Manager immediately or as soon as practical. The Project Manager or designee will approve any Additional Services not outlined in proposal/estimate in advance and a change order will be issued; no additional work is performed without a change order. If written authorization is not obtained prior to proceeding/performing the work, then payment for such service will not be made.

14. The City has provided a list of the SCMs identified as Exhibit B. The list of SMCs includes but is not limited to the number of SCMs that need maintenance or remediation services.

15. Mobilization costs are accounted for in the fee proposal. If a location requires traffic control, then it shall be provided by the Contractor. If a dry facility is holding water, then the Contractor shall provide pump-down before work is performed. No separate payment will be made for these items. This work will be incidental to the other work in this contract.

16. The Contractor(s) may work on multiple facilities at one time. The City will NOT provide locations for trash, debris, brush etc. that is removed from a site; it is the responsibility of the Contractor to properly dispose and remove all trash, debris, “spoils”, chemicals etc. in the performance of work and maintain a clean work site at all times. Any damage to existing utilities, equipment or finished surfaces resulting from the performance of work shall be repaired to the City’s satisfaction at the Contractor’s expense.

https://www.durhamnc.gov/DocumentCenter/View/43004/SCM-Herbicide-Use-Notification-SHUN-Survey-Instructions https://www.durhamnc.gov/DocumentCenter/View/43004/SCM-Herbicide-Use-Notification-SHUN-Survey-Instructions

50. Compensation Amount and Schedule.

The City intends to compensate the successful firm using the unit prices provided in the candidate’s submittal. For the sake of uniformity of the submittals, all candidates should submit their proposed pricing using the unit price work form provided below. All candidates should use a unit price of $5,000 for the Testing and Inspections allowance line item and $15,000 for the Future SCM allowance line item. If the actual cost of this item exceeds this amount during the course of the work, the City would entertain a request to increase the reimbursement amount. All costs to perform the scope of work should be included in the unit price for each item. The City does not intend to provide compensation outside of the unit price work framework.

Unit Price Work Form:

Payment will be made to the successful candidate on a monthly basis for the unit price work performed during the period through the use of the PDRx Contract Management system.

60. Contract Management and Project Management System.

(a) General.

1. Contractor shall use the PDRx Contract Management system during the execution of the Contract. Contractor shall utilize the software tool as described in this section and other relevant sections of the Contract Documents.

Web Page: http://pdrxp6-pw.durhamnc.gov:9002/PdrxWeb/login.aspx.

2. Contractor shall be responsible for equipment necessary to meet the requirements of this section. All costs associated with meeting the requirements of this section are incidental to the Work. Owner will provide the Contractor with a login and password to the web-based software system. Accounts for all necessary Contractor staff will be provided by the Owner.

3. Owner’s staff will be available for technical advice. However, the Owner will not operate, install, or troubleshoot any of the Contractor’s hardware or software issues. Contractor is solely responsible for the functionality of their computer systems. Owner will accept no liabilities arising from the Contractor’s use of this web-based software.

a. Owner will offer the Contractor’s staff an initial orientation to the use of PDRx Contract Management software. This orientation will be offered around the time of the Pre-construction Conference.

Subsequent training of additional Contractor staff shall be the Contractor’s responsibility.

No. Reference Facility SCM Type Inspections Unit Unit Price Item Value

1 EXHIBIT C Central Park - 1 Bioretention 12 EA 2 EXHIBIT C Central Park - 2 Bioretention 12 EA 3 EXHIBIT C Cook Road - A Dry Detention Basin 12 EA 4 EXHIBIT C Cook Road - B Dry Detention Basin 12 EA 5 EXHIBIT C CM Herndon Park Artificial Turf Field (Permeable Pavement) 12 EA 6 EXHIBIT C Old Chapel Hill Road Park Bioretention 12 EA 7 EXHIBIT C American Tobacco Trail (ATT) Bioretention 12 EA 8 EXHIBIT C ATT Level Spreader 1 Level Spreader/Vegetated Filter Strip 12 EA 9 EXHIBIT C ATT Level Spreader 2 Level Spreader/Vegetated Filter Strip 12 EA

10 EXHIBIT C Durham Parks and Recreation Operations Dry Detention Basin 12 EA 11 EXHIBIT C Merrick-Moore Park Bioretention 12 EA 12 EXHIBIT C Merrick-Moore Park Dry Detention Basin 12 EA 13 EXHIBIT C Merrick-Moore Park Dry Detention Basin 12 EA 14 EXHIBIT C Merrick-Moore Park Water Quality Swale 12 EA 15 EXHIBIT C Merrick-Moore Park Wet Detention Basin 12 EA 16 EXHIBIT C Maplewood Cemetery Stormwater Wetland 12 EA 17 EXHIBIT C Solid Waste Truck Wash Wet Detention Basin 12 EA 18 EXHIBIT C Transportation Department - Hardee Street Bioretention 6 EA 19 EXHIBIT C Transportation Department - Fidelity Drive - A Bioretention 6 EA 20 EXHIBIT C Transportation Department - Fidelity Drive - B Bioretention 6 EA 21 EXHIBIT C Future SCM Allowance 1 LS $15,000.00 22 EXHIBIT C Testing and Inspecting Allowances 1 LS $5,000.00

No. Specification Quantity Unit Unit Price Item Value

23 NCDOT 876 20 TN

24 EXHIBIT C 4 MH

25 NCDOT 1631 100 SY

26 NCDOT 1630 20 CY

27 EXHIBIT C 200 EA

28 NCDOT 1660 0.5 AC

29 EXHIBIT C 24 EA

30 NCDOT 200 300 SY

31 NCDOT 200 12 EA

32 NCDOT 200 8 EA

33 NCDOT 1667 10 MH

34 NCDOT 1660 40 CY

35 NCDOT 1660 15 CY

Subtotal for Miscellaneous Total

Supplementary Clearing and Grubbing Select Tree Removal (4.1 to 8‐inch diameter) Select Tree Removal (8.1 to 16‐inch diameter) Additional Specialized Hand Mowing Additional 3-inch Triple Shredded Hardwood Mulch Landscaping Topsoil (4 inch Depth) and Soil Amendments

Aquatic Vegetation Planting Additional Seeding and Mulching Adjust and Extend Cleanout Pipe

Subtotal for Maintenance Item Description

Rip Rap, Class 1

Matting for Erosion Control Additional Silt Excavation or forebay sediment removal http://pdrxp6-pw.durhamnc.gov:9002/PdrxWeb/login.aspx

(b) PDRX Contract Management.

1. A project shall be established in PDRx for each site inspected as a part of the Contract. The project shall have a schedule of values containing the quantity estimate for each pay item in the Bid proposal along with the Contract unit price. The quantity estimate and unit price shall establish the budget for the Contract.

2. PDRx shall serve as the repository for tracking of all installed quantities and daily reports generated during the Project.

(c) Daily Reports.

1. Contractor shall be responsible for logging daily reports in PDRx within two business days following the work performed. Daily reports shall be logged individually in PDRx for each separate day of work and for each Project Site.

2. Contractor shall submit daily reports for the review and approval to the Resident Project Representative assigned to the Project. The Resident Project Representative will review the daily report within two business days of submittal and either approve it if satisfactory, or reject with notes indicating the areas of disagreement or omission. Contractor and Resident Project Representative will coordinate on the daily report. All daily reports that apply to an Application for Payment must be approved by the Resident Project Representative in order to process that Application for Payment.

(d) Payment Requisitions (Application for Payment).

1. Application for Payment shall be prepared using PDRx. As an Application for Payment is generated, PDRx will automatically populate the quantities from the applicable daily reports for the period that applies to the Application. Incorrect or unapproved daily reports are the Contractor’s responsibility to correct. Applications for Payment will not be approved unless they are created using PDRx.

2. Contractor shall submit a signed and notarized original copy of all Applications for Payment with the associated certifications, Subcontractor Monthly Record of Payment Report, and Sales Tax Reimbursement Requests (if any) in order to receive payment for Work.

70. 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.

80. 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 Exhibit A, 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.

90. 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.

7.9.2026 COD Model RFP

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.

95. Reserved.

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

110. Insurance. 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

7.9.2026 COD Model RFP

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.

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: Environmental and Street Services Department 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.

120. 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

130. Schedule. This schedule is the City's best estimate of the schedule that will be followed. If a component of this schedule from the beginning to receipt of proposals is delayed, the rest of the schedule will be shifted by the same number of days.

Advertisement of Request for Proposal: October 14, 2026.

7.9.2026 COD Model RFP

Pre-Submittal Conference: A pre-submittal meeting is scheduled on October 28, 2026 at 11:00 AM.

Last date and time for questions: Last day for questions was on November 4, 2026, 2:00 PM.

Last date and time for receipt of proposals: November 16, 2026, 2:00 PM.

Proposal Evaluation Committee to complete its evaluation: 14-days after previous step.

Interviews (if necessary): 7-days after previous step.

Notice of Intent to Award a Contract: 7-days after previous step City Council authorizes the City Manager to sign the contract: 31-days after previous step City Manager and successful candidate sign contract: 14 to 31-days after previous step Notice to Proceed: 5-days after the previous step (anticipated January 2027).

The City expects the services to be completed in 365 calendar days (1 calendar year) from date of Notice to Proceed.

140. Keeping Proposals Open. All proposals will remain open and valid for the City to accept for a period of 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.

150. Deadline to Submit Proposals. Candidates should confirm that their proposals are received by email to Antwon.williams@durhamnc.gov on November 16, 2026, by 2:00 PM.

GETTING MORE INFORMATION ON THE PROJECT AND RFP PROCESS

160. Questions. Questions about the RFP and the RFP process should be submitted to the project manager identified at the beginning of this RFP.

170. Pre-submittal conferences, meetings, and site visits. The City will conduct a non-mandatory pre-submittal conference on October 28, 2026 at 11 AM in the Environmental and Street Services Department Conference Room 3B, Third Floor, 101 City Hall Plaza, Durham NC. Attendees should already be familiar with this RFP.

180. Updates and revisions to RFP. Updates to this RFP (“addendums” or “addenda”) will be sent to those who have provided their email address to the Project Manager. This RFP and addendums are normally posted on the City’s website, on the Purchasing Division’s webpage (https://durhamnc.gov/bids.aspx). Check that webpage to see that you have received all addenda.

EVALUATION CRITERIA

190. Evaluation Criteria. If an award is made, it is expected that the City’s award will be to the candidate that agrees to meet the needs of the City. A number of relevant matters will be considered, including qualifications and cost.

195. Cover Letter— 20 points Submittals will be evaluated to determine how well the cover letter meets the requirements set out in the RFP.

200. Qualifications— 60 points Submittals will be evaluated against the questions below to determine how qualified the submitter is in meeting the requirements of the RFP.

a. What type of equipment will be used for maintenance?

b. What are the current SCM Maintenance and Inspection certifications of the team?

c. How well does the Organizational Chart depict a qualified team?

d. How well qualified is the Project Manager?

e. How well qualified is the overall team?

f. How well qualified are the proposed subconsultants?

205. Experience— 150 points Submittals will be evaluated against the questions below to determine the experience of the submitter in similar projects.

a. Experience providing maintenance for SCMs by certified team members.

b. Experience in similar projects.

mailto:Antwon.williams@durhamnc.gov https://durhamnc.gov/bids.aspx

7.9.2026 COD Model RFP

c. Experience of the primary firm.

d. Experience of the overall team.

e. Experience of any proposed subconsultants.

f. Experience depicted in the included resumes.

210. Understanding of the Project— 70 points Submittals will be evaluated against the questions below to determine how well the submitter displays their understanding of the project and requirements described in the RFP.

a. How well has the candidate demonstrated a thorough understanding of the purpose and scope of the project?

b. How well has the candidate identified issues and potential problems related to the project?

c. How well has the candidate demonstrated that it understands the deliverables the City expects it to provide?

d. How well has the candidate demonstrated that it understands the City's schedule and can meet it?

e. How well does the quality control approach proposed by the submitter ensure a successful project?

f. What is the firm’s understanding of the City’s role in the project?

215. Miscellaneous— 70 points Submittals will be evaluated against the questions below to determine how well the submitter displays their understanding of the project and requirements described in the RFP.

a. What is the location of the primary team members?

b. Did the submitter attend the Pre-Submittal Conference?

c. How well did the submittal meet the requirements for font, number of pages, description of claims, conflicts of interest, etc.?

d. Are the required forms included in the submittal?

e. How well organized is the submittal?

220. Contract Cost— 40 points The lowest cost proposal will receive the maximum number of points allocated to cost. Cost is one of a number of factors, so a candidate with the lowest cost cannot count on being selected. The submittal shall include cost for all unit price line items.

The lowest cost proposal will receive the maximum number of points allocated to cost. Cost is one of a number of factors, so a candidate with the lowest cost cannot count on being selected.

CONTENTS OF PROPOSAL

230. Contents of Proposal.

The submittal should include a cover letter. The proposal should include sections (tabs), numbered as follows: Tabs 1 through 5 shall be a maximum of fifteen single-sided pages in length. Required forms, resumes, and tabs/dividers do not count toward the page limit.

Cover letter. The submittal should contain a cover letter, signed by a principal of the candidate. The cover letter shall be a maximum of two single-sided pages in length and will not count towards the overall page limit. The cover letter should contain the following statements and information.

1. Statement 1. 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 Proposal.

2. Statement 2. 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.

3. Statement 3. This proposal is an offer that cannot be revoked before 90 days after the receipt of proposals.

The City may allow the candidate to withdraw the offer by sending written withdrawal permission that refers specifically to this provision.

4. Statement 4. 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

7.9.2026 COD Model RFP

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.

5. 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.

6. 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.

7. 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.

8. Addendums. The cover letter should list the last addendum that the City issues for this RFP, with the following statement, “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 read.

Tab 1: Qualifications.

Qualifications, certifications, and abilities of key staff identified in the proposal, as demonstrated by performance/role in projects of a similar nature.

1. Provide documentation describing the equipment to be used for maintenance.

2. Provide the current Stormwater Control Measure Inspection & Maintenance Certification, awarded by NC

State University Cooperative Extension for all team members.

3. Provide an organizational chart which clearly identifies the key members of the project team.

Subconsultants should be included. Specifically identify the individual(s) who will likely serve as project manager(s).

4. Provide one page resumes for all staff included on the organizational chart. Resumes will not be counted towards the page limit. Provide the following information on each resume.

a. Name and title;

b. Firm;

c. Address;

d. Phone number;

e. Email address;

f. Role in and name of similar past projects;

g. Project responsibilities; and

h. Name of employing company for past projects listed if different from current firm.

5. List the candidate’s current licenses and certifications that are pertinent to this project:

a. North Carolina Commercial Ground Applicator license for pesticide.

b. Provide the current Stormwater Control Measure Stormwater Inspection & Maintenance

Certification, awarded by NC State University Cooperative Extension for all team members.

c. Landscaping license.

Tab 2: Experience.

List a maximum of three (3) relevant, similar projects, either currently in progress or having been completed in the past five (5) years, including any projects within North Carolina, containing work demonstrating the skills and abilities of the key team members, as follows:

1. List only projects involving the key team members or subcontractors proposed for this Project.

2. List projects in date order with newest projects listed first and include the following:

a. Brief project description;

b. Dates and times the project services were performed;

7.9.2026 COD Model RFP

c. Owner’s representative having knowledge of the firm’s work, include the contact name, phone, email, address;

d. Provide the initial award of contract amount, the final contract amount (include any and all change orders) and the total time period to complete the work. Please note whether contract work was completed on time and/or within budget.

e. Name of key team member(s) involved; including any changes to the project team and/or key team member(s) after project initiation, and if the key team member(s) completed the project. Include the project’s current status if it is not yet completed. If experience for a key team member is listed from a previous employer, fully disclose with what firm the work was performed.

f. A list highlighting those skills demonstrated by key team member(s);

g. Discuss the methods, approach and controls used on the project in order to complete it in an effective, timely, economical and professional manner; and

h. Whether or not the project was involved in any claims, how they were resolved, and what the role of the key team members was for resolution.

Tab 3: Understanding of the Project.

1. Discuss the firm’s understanding of the project, the project objectives, and describe the proposed project approach to deliver the Services in an effective, timely and professional manner. Outline the project plans, structure and services to be provided and how and when these services shall be provided. This description should fully and completely demonstrate the firm’s intended methods for servicing the requirements of all aspects of all types of projects set forth herein.

2. Describe your firm’s project management and quality control procedures.

3. Describe any support needed from City staff in order to execute the Services.

4. 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.

Tab 4: Miscellaneous.

1. Discuss the location of the team members included in the organization chart.

2. Discuss the candidate’s ability to meet the schedule described in the RFP.

3. State to what extent, if any, the work may be subcontracted.

4. Discuss the candidate’s ability to meet the City’s stated bonding and insurance requirements.

5. Sign the Non-Collusion Affidavit (see Exhibit D) and include it with your response.

6. Complete the Contractor Safety Record Information (see Exhibit E) and include it with your proposal.

Tab 5 Contract Cost.

1. Submit the completed Unit Price Work Form with unit prices, item values, and total contract amount.

240. Reserved.

HOW TO SUBMIT A PROPOSAL

250. How to submit a proposal.

Candidates should submit their proposals via email. The email should be addressed to the Project Manager at the email address shown in the “Project Manager and Contact with City” section at the beginning of this RFP.

Write the following Subject line in the email:

Stormwater Control Measure Maintenance (SD-2026-12)

Proposals are to be received no later than: November 16, 2026 by 2:00 PM. If you do not receive confirmation of receipt within 24 hours of submitting your proposal, please contact Antwon Williams at 919-560- 4326, ext. 30254 or email ssdprojects@durhamnc.gov.

Proposal Check List

• Cover Letter

• Tab 1: Qualifications

• Tab 2: Experience

• Tab 3: Understanding of the Project

• Tab 4: Miscellaneous

• Non-Collusion Affidavit (Exhibit D)

• Contractor Safety Record Information (Exhibit E)

• Tab 5: Contract Cost mailto:ssdprojects@durhamnc.gov

260. Format. Candidates should submit one electronic proposal, including all required forms, in PDF format. Please begin the file name of the PDF with the candidate’s name.

Cover letter shall be a maximum of two single-sided pages in length. Tabs 1 through 5 shall be a maximum of fifteen single-sided pages in length. Required forms, resumes, and tabs/dividers do not count toward the page limit.

Pages may be letter, legal, or ledger format sizes. Type size shall be no smaller than 12 points for narrative sections, but may be reduced for captions, footnotes, etc. as required while maintaining legibility. Divider pages are not included in the page counts.