1-RFP Hauling of Soil.pdf

REQUEST FOR PROPOSAL (RFP)

Hauling of Off-Spec Soil Material to Rolling Hills Landfill, Boyertown, PA

I. INTRODUCTION

The Delaware County Solid Waste Authority (“DCSWA” or “Authority”) invites qualified contractors to submit proposals to haul soil from a property located at 2816 Old Pricetown Road, Temple, Pennsylvania, to Rolling Hills Landfill, Boyertown, Pennsylvania.

In addition, bidders shall provide an hourly rate for hauling soil from various locations within the surrounding area on an as-needed basis.

The intent of this Request for Proposals (“RFP”) is to solicit competitive proposals for hauling services on both a per-ton and hourly basis. All work shall be performed as outlined in these specifications and any attachments hereto. The scope of work and technical specifications are detailed below.

This procurement is being conducted by DCSWA in its capacity as a municipal authority organized and existing under the Pennsylvania Municipality Authorities Act, 53 Pa. C.S. § 5601 et seq. DCSWA is not a borough, township, or city, and this RFP is intended to be administered in accordance with the Authority’s procurement practices and applicable law governing municipal authorities.

II. SCOPE OF WORK

The Contractor shall furnish all labor, equipment, supervision, transportation, and incidentals necessary to complete the work described herein. Unless expressly stated otherwise, the

Contractor shall be solely responsible for the safe and lawful hauling of all material, compliance with all applicable legal requirements, and coordination of its operations so as not to interfere with site activities or landfill operations.

A. Price Per Ton – Job-Specific Hauling

1. Excavation and loading of haul vehicles at the residential site will be provided by others at no cost to the hauling Contractor.

2. Handling of the material at the landfill site will be provided by others at no cost to the hauling Contractor.

3. Loading of hauling vehicles is to be performed daily, Monday through Friday, between the hours of 7:00 a.m. and 3:30 p.m.

4. Bidders are advised that the Municipality at the residential loading site enforces a noise ordinance that precludes truck traffic on Pricetown Road before 7:00 a.m.

5. Township noise ordinance prohibits operations between 9:00 p.m. and 7:00 a.m.

6. Landfill operating hours are 7:00 a.m. to 4:00 p.m. Monday through Saturday.

7. The loading provider has an estimated production of approximately 2,000 cubic yards per

8-hour workday. This estimate is not guaranteed and is provided for informational purposes only.

8. There is no designated haul route. The successful Contractor shall determine the haul route and shall comply with all state and local requirements that may apply during the entirety of the contract term.

9. Erosion and sedimentation control measures are in place at both sites.

10. The Contractor shall provide sufficient trucks, qualified drivers, and support personnel necessary to maintain efficient hauling operations based upon site production conditions as they exist from time to time. All loads are to be tarped.

11. The Contractor shall be responsible for all transportation logistics and all compliance with applicable Department of Transportation, PennDOT, and other roadway safety requirements.

12. DCSWA makes no guarantee as to the total quantity of material to be hauled under this section.

13. All material shall be delivered to the designated landfill site. Up to three (3) trucks per day may be required to cross the landfill scale for verification of average tonnage.

14. Daily truck counts shall be verified and signed by DCSWA. Approved counts with average daily truck weights will be billed at the contracted rate, and payment shall be made on a monthly basis in accordance with the payment provisions set forth herein.

B. Hourly Rate – Potential Sites in the Local Area

1. All material shall be delivered to the designated landfill site. Up to three (3) trucks per day may be required to cross the landfill scale for verification of average tonnage.

Excavation and loading of the haul vehicles at the loading site will be provided by others at no cost to the hauling Contractor.

2. Handling of material at the landfill site will be provided by others at no cost to the hauling Contractor.

3. Loading shall occur Monday through Friday between 7:00 a.m. and 3:30 p.m.

4. Landfill operating hours are 7:00 a.m. to 4:00 p.m. Monday through Saturday.

5. Estimated production capacity is approximately 2,000 cubic yards per 8-hour workday;

however, such production is not guaranteed.

6. The Contractor shall determine haul routes and comply with all applicable laws and regulations.

7. Daily hauling time shall be verified and signed by DCSWA. Approved hours will be billed at the contracted hourly rate, and payment shall be made on a monthly basis in accordance with the payment provisions set forth herein.

8. Hauling under this section will be on an as-needed basis. No amount of hauling shall be guaranteed under this RFP or the associated general conditions.

9. The Authority reserves the right to determine the number of trucks needed, the scheduling of work, and the duration of hauling operations for any site under this section.

10. Only hours actually approved by DCSWA shall be billable. Standby time, idle time, delays, or downtime shall not be billable unless specifically authorized in writing by

DCSWA in advance.

III. CONTRACT TERMS AND CONDITIONS

3.1 Insurance Requirements

The Contractor, including any and all subcontractors performing work under this contract, shall maintain the following insurance coverage throughout the term of the contract and any extension thereof:

Coverage Limits of Liability

Workers’ Compensation Statutory

Employer’s Liability $1,000,000 each accident

General Liability / Property Damage $1,000,000 per occurrence / $2,000,000 aggregate

Personal Injury $1,000,000 per occurrence / $2,000,000 aggregate

Automobile Liability / Property Damage $1,000,000 combined single limit per occurrence

Bodily Injury Included in Automobile Liability combined single limit

Commercial Umbrella / Excess Liability $5,000,000 per occurrence / $5,000,000 aggregate

Coverage Limits of Liability

Pollution / Environmental Liability, including

Transportation Pollution

$1,000,000 per occurrence / $1,000,000 aggregate

In addition, the Contractor shall maintain Commercial Umbrella/Excess Liability coverage in the amount stated above, which shall be excess over and no less broad than the Contractor’s underlying insurance.

The Contractor shall provide with all RFP responses a certificate of insurance evidencing all required coverage in at least the limits required herein. Prior to the execution of any contract, Contractor shall furnish to DCSWA certificates and endorsements naming the Delaware County

Solid Waste Authority, its officers, agents, and employees as additional insureds under the

Commercial General Liability and Automobile Liability coverages, on a primary and non-contributory basis.

Policies shall not be cancelled or materially modified without at least thirty (30) days’ advance written notice to DCSWA. Such certificate shall be issued to: Delaware County Solid Waste

Authority, 583 Longview Road, Boyertown, PA 19512.

Failure to maintain the required insurance shall constitute a material breach of contract.

3.2 Agreement

Upon award, the contract shall constitute the entire agreement between the parties and shall supersede all prior negotiations, commitments, and understandings, whether oral or written. No course of dealing or usage of trade shall be used to modify or supplement any of the terms of this contract.

3.3 Contract Documents

All proposal documents, specifications, attachments, addenda, and any written clarifications issued by DCSWA shall form part of the contract.

3.4 Execution of Contract

The successful Contractor shall execute a formal written contract with DCSWA within ten (10) days of award, unless otherwise extended by DCSWA in writing. Failure to do so shall result in cancellation of the award, and all obligations of DCSWA in connection therewith shall be cancelled.

3.5 Term of Contract

The contract shall commence on May 1, 2026 and terminate on December 31, 2026, unless earlier terminated in accordance with these specifications.

3.6 Option to Extend Contract Period

The contract may be extended at the bid pricing, or at such other pricing as may be mutually agreed upon in writing by both parties, provided that any such extension is approved by DCSWA in accordance with its internal approval procedures.

3.7 Termination

DCSWA reserves the right, at any time and for its convenience, to terminate the contract in whole or in any separable part upon at least thirty (30) days’ written notice. The Contractor shall be compensated for work properly performed up to the effective date of termination, less any payments previously made by DCSWA, but in no event shall Contractor be entitled to recover loss of profits, consequential damages, or unperformed work.

If either the Contractor or DCSWA defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice, or if the defaulting party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party.

In addition to the termination rights stated herein, DCSWA may terminate the contract immediately upon written notice if: (a) the Contractor fails to maintain required insurance; (b) the Contractor becomes insolvent, makes an assignment for the benefit of creditors, or is the subject of a bankruptcy petition; or (c) the Contractor engages in fraud, misrepresentation, willful misconduct, or unlawful conduct in connection with the performance of the work.

Upon termination, the Contractor shall fully cooperate in the orderly transition of services to

DCSWA or to a successor contractor, including the transfer of any records, permits, manifests, haul tickets, or other materials necessary to continue operations without interruption.

3.8 Time of Performance

Notwithstanding any delay in the preparation and execution of the formal contract agreement, the

Contractor shall be prepared to commence work pursuant to the award on May 1, 2026 and complete all work by December 31, 2026, unless otherwise directed in writing by DCSWA.

3.9 Amendments/Modifications of Contract

The contract between DCSWA and the Contractor shall not be amended or modified, nor shall any of its terms be waived, except in writing and signed by authorized representatives of both parties.

3.10 Subcontracting

Subcontracting is not permitted without prior written consent from DCSWA. In the event

DCSWA consents in writing to a subcontracting arrangement, the Contractor shall remain the prime contractor and shall remain fully responsible for performance of all obligations required under the contract. Any approved subcontractor shall be subject to the same insurance, legal, safety, and performance requirements applicable to the Contractor.

3.11 Additions or Deductions

DCSWA may, without invalidating the contract, add to or deduct from the work covered by these specifications and, in such case, an equitable adjustment in cost shall be made between DCSWA and the Contractor, provided such adjustment is agreed to in writing before the work is performed.

3.12 Extra Work

No extras or additional work shall be allowed or paid for unless such extra or additional work is authorized in writing by DCSWA, and the price fixed and agreed upon before such work is performed.

3.13 Inspection of Work

DCSWA, its duly appointed representative, or other inspector(s) or assistants designated by

DCSWA may inspect all work. The Contractor shall be notified as to the name(s) and responsibility of such individual(s) and shall notify the designated representative(s) when work has been performed in conformity with the requirements of this contract. The designated representative(s) may certify whether the Contractor’s work has been performed in conformity with the requirements of this contract. Work shall not be deemed accepted until reviewed and affirmatively approved by DCSWA. No payment shall be due unless and until such approval has been granted. DCSWA’s failure to immediately reject work shall not constitute acceptance of nonconforming work. Approval shall not waive latent defects or nonconforming work later discovered.

3.14 Rejection of Work

Services and/or goods received by DCSWA shall not be deemed accepted until DCSWA has had a reasonable opportunity to inspect. Services and/or goods discovered to be non-conforming to the agreed specifications may be rejected upon initial inspection or at any later time if the non-conformity was not reasonably discoverable at the time of initial inspection. Within fifteen (15) days of receipt of notification of rejection, Contractor shall remedy such services and/or goods without expense to DCSWA.

If the Contractor fails, neglects, or refuses to do so, DCSWA shall then have the right to obtain such services and/or goods from another source and deduct from any monies due or that may thereafter become due to the Contractor the difference between the contract price and the actual cost thereof to DCSWA. If the amount due to the Contractor is insufficient to meet such expenses, the Contractor shall be liable for the excess and DCSWA may proceed against the

Contractor through appropriate legal action. DCSWA may recover all costs incurred in obtaining replacement services, including administrative, oversight, and internal costs, in addition to direct replacement costs.

3.15 Pricing

Bidders warrant that the contracted price(s), terms, and conditions stated in their proposal shall be firm for a period of sixty (60) days from the date of the proposal opening. Once an award is made and a contract is in place, prices shall remain firm and fixed for the entire contract period unless otherwise expressly stated in the Bid Price Schedule and accepted by DCSWA in writing.

If a proposal includes price increases over the term of the contract, such increases must be clearly indicated in the Bid Price Schedule. All bid prices must include freight, fuel, labor, equipment, overhead, supervision, insurance, regulatory compliance, and all other costs necessary to perform the work. No surcharges, fuel adjustments, waiting charges, or other add-ons shall be allowed unless specifically set forth in the proposal and accepted by DCSWA.

3.16 Payment

DCSWA shall make payment within thirty (30) days of receipt of invoice for properly performed work after inspection and acceptance of the work by DCSWA. Advance billings are not allowed.

Where partial performance is made, invoice for such part may be made upon performance, and payment made within thirty (30) days under the same conditions as above.

Each invoice shall include sufficient supporting documentation, including dates of service, number of loads hauled, tonnage if applicable, approved hours if billed on an hourly basis, and such other backup as DCSWA may reasonably require. DCSWA offers Contractors the option to enroll in electronic payment via automated clearing house (ACH) to the Contractor’s provided bank account of record.

3.17 Survival

All provisions of the contract which by their nature should apply beyond the term of the contract, including but not limited to indemnification, insurance, governing law, venue, payment obligations, environmental responsibility, and recordkeeping, shall survive termination or expiration of the contract.

3.18 Environmental Compliance and Transportation Responsibility

The Contractor shall be solely responsible for the safe handling, transportation, and delivery of all material under this contract. The Contractor shall comply with all applicable federal, state, and local environmental laws and regulations, including, without limitation, requirements of the

Pennsylvania Department of Environmental Protection, PennDOT, and the United States

Department of Transportation.

The Contractor shall ensure that all material is transported in a manner that prevents spills, releases, tracking, or contamination. The Contractor shall be fully responsible for any spills, discharges, or releases occurring during transportation, including all costs associated with containment, cleanup, remediation, reporting, third-party claims, and regulatory compliance. The

Contractor shall immediately notify DCSWA of any spill, accident, release, or environmental incident affecting the work. The Contractor shall indemnify and hold harmless DCSWA from any environmental claims, regulatory actions, fines, penalties, or third-party claims arising from such incidents, including reasonable attorneys’ fees and remediation costs.

3.19 Performance and Availability

The Contractor shall provide sufficient equipment and qualified personnel to meet the hauling needs of DCSWA as requested. If the Contractor fails to perform in a timely or adequate manner, DCSWA reserves the right to supplement services with other contractors and to deduct any additional costs thereby incurred from monies otherwise due to the Contractor. Repeated failure to meet performance expectations may result in termination for cause.

3.20 Recordkeeping and Audit Rights

The Contractor shall maintain complete, accurate, and contemporaneous records relating to performance under this contract, including but not limited to haul tickets, load quantities, trip logs, driver records, hours worked, invoices, and all supporting documentation relevant to billing and performance. All such records shall be retained for a period of no less than three (3) years following completion of the work or termination of the contract, whichever is later.

DCSWA, or its authorized representatives, shall have the right, upon reasonable notice, to inspect, review, and audit such records to verify compliance with the terms of this contract, including verification of invoiced amounts and performance metrics. Failure to maintain or provide such records upon request shall constitute a material breach of contract and may result in withholding of payment or other remedies available to DCSWA.

3.21 No Guarantee of Quantity; No Reliance

DCSWA does not guarantee any minimum quantity of work under this contract. Any quantities, estimates, or projections provided in this RFP are for informational purposes only and shall not be relied upon by the Contractor. The Contractor acknowledges that work may vary based on operational needs, funding, site conditions, or other factors beyond DCSWA’s control. The

Contractor shall not be entitled to any claim for damages, lost profits, overhead recovery, or other compensation arising from variations in the quantity of work or from the Authority’s decision not to utilize the Contractor for any portion of the work.

IV. GENERAL CONDITIONS

4.1 Assignment

The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of its agreement with DCSWA, or its rights, title, or interest therein, or its power to execute such agreement, to any other person, company, or corporation without the prior written approval of DCSWA.

4.2 Compliance With Laws

In the performance of the contract, the Contractor shall comply with all applicable laws, ordinances, rules, and regulations of governmental authorities and shall further specifically comply with all applicable provisions relating to equal employment opportunity and nondiscrimination. Contractor shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations. Contractor shall give required notices and secure and pay for temporary permits, licenses, and easements required for performance of the contract.

4.3 Governing Law

This contract shall be governed by and construed in accordance with the laws of the

Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Venue for any litigation or proceeding shall be exclusively in the Court of Common Pleas of Delaware County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, as appropriate, and the parties hereby consent to the jurisdiction of such courts.

4.4 Independent Contractor and Indemnity

The Contractor shall act as an independent contractor and not as an employee of DCSWA.

To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless

DCSWA, its officers, employees, and agents from and against any and all liability, damages, claims, suits, liens, judgments, fines, penalties, losses, and expenses, including reasonable attorneys’ fees, of whatever nature, for injuries to or death of any person or persons, or loss of or damage to property, arising out of or relating to the Contractor’s performance of the work, the acts or omissions of the Contractor, its subcontractors, or their respective agents, servants, or employees, the Contractor’s breach of contract, or the Contractor’s failure to comply with any applicable law, regulation, or permit requirement, except to the extent caused by the sole negligence of DCSWA. The Contractor shall have no authority to bind DCSWA, enter into agreements on behalf of the Authority, or represent itself as an agent or partner of DCSWA.

4.5 Force Majeure

If DCSWA, in its reasonable discretion, determines that a force majeure event is likely to delay

Contractor’s performance for more than thirty (30) days, DCSWA reserves the right to cancel the agreement between the parties. In that event, neither party shall have any further liability to the other, subject only to DCSWA’s obligation to pay the Contractor for work already completed and accepted by DCSWA and the Contractor’s obligations that expressly survive termination.

4.6 Tax Exemption

DCSWA is exempt from all Federal Excise Taxes and Pennsylvania Sales Taxes, as a political subdivision or instrumentality under applicable law. DCSWA’s registration number with the

Internal Revenue Service is 23-2341375. Net prices shown in the proposal shall exclude such

Federal and State taxes.

4.7 Severability

If any provision of the contract is determined to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the contract, and the contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

4.8 No Waiver

No failure or delay by DCSWA in exercising any right, power, or remedy under the contract shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other right, power, or remedy.

4.9 Safety and Transportation Compliance

In the performance of the contract, Contractor and any approved subcontractors shall comply with all applicable safety and transportation laws, rules, and regulations, including but not limited to FMCSA, DOT, and PennDOT requirements. All drivers shall be properly licensed and qualified. All vehicles shall be properly maintained, inspected, and operated in a safe and lawful manner at all times. DCSWA reserves the right to require removal from service of any vehicle or driver that is unsafe, unqualified, or otherwise non-compliant. DCSWA may immediately suspend or remove any driver, vehicle, or personnel from the project site for safety concerns or non-compliance without prior notice.

V. PROPOSAL REQUIREMENTS

All proposals must include the following:

• Company qualifications and experience with similar work;

• Completion of Bid Form;

• Copies of applicable insurance certificates, registrations, and licenses;

• Identification of available trucks, equipment, and driver staffing;

• At least three (3) references for similar hauling work; and

• Contractor’s standard contract form, if any, for review by DCSWA Solicitor prior to award, provided that the terms of this RFP and DCSWA’s final contract form shall control unless otherwise expressly agreed by DCSWA in writing.

• Disclosure of any material violations, citations, enforcement actions, or regulatory investigations within the past five (5) years involving the U.S. Department of

Transportation (DOT), Occupational Safety and Health Administration (OSHA), Pennsylvania Department of Environmental Protection (DEP), or similar regulatory agencies.

Any exceptions to the terms of this RFP must be clearly identified in the proposal. Failure to identify exceptions shall be deemed acceptance of the RFP terms.

VI. PROJECT TIMELINE

• RFP Issued: 3/26/2026

• Pre-Bid Site Visit: 3/26 - 4/3/2026 (by Appointment)

• Deadline for Questions: 4/3/ 2026

• Proposal Due Date: 4/3/2026

• Anticipated Award: 4/22/2026

• Estimated Project Start Date: May 1, 2026

VII. SITE VISIT

Optional pre-bid site walk will be held by appointment at Rolling Hills Landfill. Please contact

David Moser (dmoser@dcswa.net) to schedule.

Bidders are responsible for familiarizing themselves with site conditions. Failure to do so shall not relieve the successful Contractor of any obligation under the contract.

VIII. EVALUATION CRITERIA

Proposals will be evaluated based on, among other things:

• Technical merit and adherence to specifications;

• Relevant experience and qualifications;

• Project timeline and ability to meet deadlines;

• Total cost and overall value to DCSWA; and

• References and past performance.

mailto:dmoser@dcswa.net

DCSWA reserves the right to request additional information from any proposer, to reject any or all proposals, to waive informalities or irregularities in the proposals received, and to award the contract in the manner deemed by DCSWA to be in the best interest of the Authority.

IX. SUBMISSION INSTRUCTIONS

Submit one electronic copy (PDF format) of your proposal through PennBid.

Late submissions will not be accepted. All questions regarding this RFP must be submitted through the designated procurement platform or by such other method as DCSWA may direct.

Responses to questions and any addenda issued by DCSWA shall become part of the RFP.

Proposals shall remain valid for a period of sixty (60) days following the proposal due date.

X. BID PROTEST / PROCUREMENT RESERVATION

Any proposer wishing to protest the award of this contract must submit a written protest to

DCSWA within five (5) business days of notice of the intended award. The protest shall clearly state the basis for the protest. DCSWA shall review the protest and issue a written determination, which shall be final.

Nothing in this RFP shall be construed to require DCSWA to make an award, to award to the lowest-priced proposer, or to proceed with the procurement if DCSWA determines, in its sole discretion, that doing so is not in the best interest of the Authority.