B26-116: Municipal Solid Waste Disposal

Department of Public Works
Transfer Station Division
14 Manning Street
Derry, New Hampshire 03038
Derrynh.gov
REQUEST FOR PROPOSALS
BID NO B26-116
Municipal Solid Waste Disposal
Sealed proposals will be received at the Derry Municipal Center, 14 Manning Street,
Derry, NH 03038 until 2:00 pm on Friday August 28, 2026, for a 5-year Municipal Solid
Waste Disposal Contract for the Town of Derry, NH commencing on or about January 1,
2027.
Bid invitations and specifications will be available at the Department of Public Works, 14
Manning Street, Derry, NH or online at: derrynh.gov/bids
The Town of Derry reserves the right to waive any irregularities, reject any or all bids,
and to accept the bid that appears to be in the best interest of the Town. Failure to submit
all information called for may be sufficient for disqualification.
Questions relative to this request may be directed via email to:
Joshua Brown, Environmental Coordinator
Derry Solid Waste Transfer Station and Recycling Center
Derry, NH 03038
Tel. 603-432-6144
Email: joshuabrown@derrynh.gov

TABLE OF CONTENTS
1. Instructions
2. Definitions
3. Terms of Agreement
4. Basis of Award
5. Scope of Services
a. Operations
b. Reporting Requirements
1. Scale Weights
2. Records & Reports
6. Regulatory Compliance
7. Records & Access
8. Fees, Payments and Revenue Sharing
9. Liquidated Damages
10. Assignment, Amendment, Default and Termination
11. Insurance
12. Contact
Attachments

Request for Proposals
Department of Public Works - Transfer Station Division
Town of Derry, NH
MUNICIPAL SOLID WASTE DISPOSAL
The Department of Public Works, Transfer Station seeks proposals for disposing
municipal solid waste (MSW) generated by the residents of the Town of Derry.
1. Instructions
The specifications herein describe the minimum acceptable features and
performance requirements for providing this service. Bidders shall own and/or
operate the facility where Derry's MSW will be disposed.
Bidders are to have thoroughly read and understood these specifications prior to
bid submission.
Bidders are required to submit proposals on the bid forms provided. Costs and
required services shall be listed in Attachment A, "PROPOSAL COSTS", as
delineated. Proposal costs shall clearly note any applicable solid waste disposal
fees resulting from disposal at a NH disposal facility permitted pursuant to NH
RSA 149-M and incurred under NH Env-Sw 2200.
Any deviation from the specifications as listed by the Town in this RFP should be
highlighted and explained in the PROPOSAL SUMMARY.
Bidders shall submit an original copy of their Proposal to the Town. No faxed or
emailed proposals will be accepted. All items to complete the project must be
included within the Proposal. The proposal shall remain valid for one hundred
eighty (180) days after the bid opening.
Bids are to be delivered - SEALED - to the following address:
Town of Derry - Public Works Department
Bid B26-116 Municipal Solid Waste Disposal
14 Manning Street
Derry, New Hampshire 03038
The Town of Derry reserves the right to reject any or all bids. Factors such as past
performance on other contracts will be considered sufficient to reject the bid.

2. Definitions
The following words and terms shall, for all purposes of this Proposal, have the
following meanings, unless the context clearly indicates a different meaning or
intent:
"Acceptable Material" - means residential municipal waste materials collected by
the Town, including but not limited to those materials listed herein under section
5 (a) Operation.
"Agreement" - means the contract between the successful Bidder and the Town
of Derry.
"Annual Tonnage" - means the tons of acceptable waste from the Town of Derry
processed each service year by the successful Bidder.
"Town" - means the Town of Derry, New Hampshire.
"Effective Date" - means January 01, 2027
"Facility" - means the disposal facility equipped, owned or leased, operated and
maintained by the Bidder, including all associated real property, equipment and
appurtenances thereto.
"Hauler" - means any operator of a vehicle leased by or contracted for and on
behalf of the Town of Derry, which delivers acceptable waste to the facility.
"Holiday" - means the following annual days, as observed: New Year's Day,
Martin Luther King - Civil Rights Day, President's Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas.
"MRF" - means Materials Recovery Facility.
"Processing or Tipping Fee" - means the fee paid by the Town to the successful
Bidder for the cost of processing each ton of acceptable waste.
"State" means the State of New Hampshire.
"Ton" means a short ton of two thousand (2,000) US pounds.

3. Term of Agreement
The term of the contract shall be 60 months (5 years), commencing on or about
January 1, 2027 and ending December 31, 2031.
4. Basis of Award
A contract will be awarded for the proposal that is more advantageous to the
Town, with consideration given to the comprehensiveness, and feasibility of the
proposal, price, references, and the experience, qualifications, and the compliance
and legal history of the Bidder and any proposed subcontractors. The Town may
conduct discussions with responsible Bidders prior to selection. Upon approval by
the Town, a Notice of Award shall be given to the successful Bidder, and a
purchase order issued.
The Town of Derry will seek to award a proposal which best meets RSA 149
- M:3 which promotes the 'Hierarchy of Preference'. Proposals which
promote waste-to-energy will be deemed more favorably than landfill based
proposals.
The Town of Derry will also incorporate its own contract hauling costs into
the cost evaluation.
The Town of Derry has a right to reject any or all proposals, and to waive any
item, prior to awarding of contract.
The following attachments shall be submitted with the proposal:
ATTACMENT A - "Proposal Cost" - A description of the Bidder's overall
proposal cost, including processing fees.
ATTACHMENT B - "List of References" - The Bidder shall provide at least
three (3) references from communities similar in size and program
description to the Town of Derry, where the Bidder has at least one-year's
experience with handling MSW for each community. Include the name,
title and phone number for the contact person.
5. Scope of Service
The successful Bidder shall be responsible for all aspects of providing the
requested service; the disposal of any residue; the maintenance of records and
provision of documents and reports to the Town. Upon acceptance of the
municipal solid waste, the successful Bidder shall be responsible for all handling
of said materials in accordance with NHDES regulations and other state and
Federal regulations as required.

5.a. Operation
The successful Bidder must accept municipal solid waste which is delivered
during the term of its contract. The Bidder shall provide to the Town a list of
materials and grades currently accepted at the Bidder facility, and any minimum
quality specifications, including allowable contamination limits. The Bidder shall
also provide a description of unacceptable materials and shall be responsible for
inspecting the materials. Once said materials are accepted, they shall be the
property and sole responsibility of the successful Bidder.
If materials are rejected or downgraded by the successful Bidder, the Town must
be notified as to why by the next business day following the day the rejection or
downgrade occurred. Digital photographs of the rejected or downgraded materials
shall accompany this notification. The Town must be provided with an
opportunity for on-site inspection of materials in question.
If the successful Bidder fails to accept municipal solid waste because of facility or
service failure, without exclusion, the successful Bidder shall be responsible for
providing alternate services and compensating the Town for any additional
costs.
The Town of Derry has a mandatory recycling program for a number of products
including plastics, glass, cardboard, paper, and aluminum cans which are
predominantly removed from the MSW stream. In addition, materials currently
accepted at the Derry Transfer Station, and which shall be excluded in the
Bidder's proposal, are:
Wood
Wood Furniture
Treated wood
Plywood
Toilets and other bathroom fixtures
Ceramic tile
Sheet rock
Plaster
Shingles
Insulation
Vinyl Siding
Fiberglass
Batteries
Fluorescent Tubes
Tires
Computer Monitors/CRTs/Televisions

Historical MSW Quantities:
* 2026 (6 MOS) 4,975 TONS
* 2025 9,941 TONS
* 2024 9,941 TONS
* 2023 9,823 TONS
Quantities of acceptable materials do fluctuate and shall not be construed as
warranties or guarantees of the quantity of MSW material that will actually be
provided by the Town.
5.a.1. Delivery by Town Contract Hauler.
Delivery will be by 100 yard open top trailer loads by designated contractors (not
Bidder), to deliver materials to the Successful Bidder's facility. The facility shall
be accessible to this form of delivery.
The bidder shall identify the days and times that the facility is open for Town
delivery of municipal solid waste.
If, at any time during the life of the contract, there is a change in the facility used,
the successful Bidder shall request the Town's approval for such a termination,
amendment or replacement (60) days prior to the effective date of such
termination, amendment and/or replacement and shall provide the Town with the
name, address, and phone number of the new processor's office, the name of an
individual responsible for the processing operation, the site of storage and/or
processing of the recyclable material, the name and addresses of the processor's
secondary haulers and end markets, and the information about specific materials
described above in this Section.
5.b. Reporting Requirements
5.b.1 Scale Weights
The successful Bidder shall ensure the maintenance of, the true accuracy of any
and all weight scales used to weigh vehicles delivering MSW under the terms of
this RFP, and shall test and recalibrate, or insure the testing and recalibration, of
any and all weight scales used to weigh delivery vehicles to the accuracy required
by all applicable laws, regulations or guidelines, and accepted as standard
industry practice at no expense to Derry whenever necessary but at least one time
annually.
Derry or its authorized representative shall also have the right, at Derry's sole
expense, to test the accuracy of the truck scales at the site(s) where the scales are
located, provided that such tests are made at reasonable times, and do not in any
way interfere with the orderly operation of such site. If said scales are not within

an acceptable level of accuracy, the contractor commits to adjust the accuracy of
the truck scales without cost to Derry as soon as possible, but not later than five
(5) working days from any date upon which such truck scale are determined to be
inaccurate.
5.b.2 Records and Reports
The successful Bidder shall provide Derry with a weekly report, including scale
tickets, and a monthly activity statement and any supporting documentation
requested, of all MSW tonnage accepted. These monthly statements shall be
provided to the Town by the 15th of each month for the previous month. An
annual report detailing the previous year's activities shall be provided to the Town
by February 1.
6. Regulatory Compliance
The Bidder must state that it shall have all federal, state and/or local permits or
licenses as are required to carry out its obligations under an Agreement with the
Town, and that during the term of an Agreement with the Town it shall carry out
its obligations under such Agreement in compliance with the applicable
provisions of federal, state and local law and regulation, and any applicable
judicial and administrative interpretations thereof. The Bidder shall warrant that
should it contract with any other entity to carry out its obligations under an
Agreement with the Town, it shall insure that such entity carries out such
obligations in compliance with all applicable provisions of federal, state and local
law and regulations, and any applicable judicial and administrative interpretations
thereof.
The Agreement between the successful Bidder and the Town shall be governed in
accordance with the laws of the State of New Hampshire. Any action, claim or
dispute shall be presented to a court or agency in the State of New Hampshire.
7. Records and Access
The successful Bidder shall maintain record of amounts of acceptable materials
delivered from the Town, including the amount of each type of material delivered.
The successful Bidder shall maintain books and records in accordance with
generally accepted accounting principals and practices. The successful Bidder
shall make available to the Town all books and records necessary to verify the
amount of material delivered from Town.

8. Fees and Payment
The fees agreed upon by the Town in an agreement with the successful Bidder
shall remain in effect for the Term of the Agreement.
The successful Bidder shall render to the Town a monthly statement (or more
frequently) with all necessary and reasonable supporting documentation.
Bidders who propose to use a NH disposal facility permitted pursuant to NH RSA
149-M shall clearly state any applicable solid waste disposal surcharges incurred
under NH Env-Sw 2200.
Payments shall be made to the successful Bidder within 45 days of receipt of the
statement.
9. Liquidated Damages
The Town shall assess liquidated damages against the successful Bidder for
failure to perform specified obligations of an Agreement between the Town and
the successful Bidder. The Town shall have the right to withhold the amount of
liquidated damages assessed by it from any payment owed to the successful
Bidder. The following is an example of liquidated damages specified in an
Agreement:
Improper disposal of MSW material $500 per
occurrence
Delay at tipping floor exceeding 90 minutes $250 per
Up to three allowed each year occurrence
10. Assignment, Amendment, Default and Termination of Agreement
The Agreement between the successful Bidder and the Town shall not be
terminated by either party, except as specifically provided in the Agreement.
The persistent or repeated failure or refusal by the successful Bidder to fulfill any
of its obligations in accordance with the provisions of an Agreement with the
Town shall constitute a default.
No assignment of the Agreement between the Town and the successful Bidder, or
any right occurring under such Agreement, shall be made in whole or part by the
successful Bidder without the express written consent of the Town; in the event of
any assignment, assignee shall assume the liability of the successful Bidder.

The Agreement between the Town and the successful Bidder may not be amended
except in writing agreed to, executed and delivered by both parties.
11. Insurance
N/A
12. Contact
Town of Derry
Department of Public Works
Transfer Station Division
14 Manning Street
Derry, New Hampshire 03038
Attn: Joshua Brown, Environmental Coordinator
Phone # (603) 432-6144 joshuabrown@derrynh.gov