ENVIRONMENTAL SERVICES/LANDFILL – Sale of Yard Waste Compost-Humus Materials from the Town of Colonie Yard Waste Composting Facility BID OPENING: May 25, 2006 at 10:00 AM Local Time BACKGROUND The Town of Colonie owns and operates the Town of Colonie Yard Waste Composting Facility in the northeastern portion of the Town of Colonie, NY, on NYS Route 9. This facility accepts vegetative yard waste materials (leaves, grass, light brush, garden wastes, orchard wastes) from residential sources within the Town of Colonie and composts these materials in an open windrow composting facility. The finished compost contains the humus soil, a small amount of chipped wood and a small amount of physical contaminates (typically, tennis balls, plastic, metal, etc). The incoming materials are ground in a horizontal grinder to reduce their size to less than 2" diameter and then the materials are placed in trapazodal windrows. Periodically, a Scarab windrow pile turner is used to re-mix, fluff and re-aerate the windrow piles. At the end of an approximately 12 week period the yard wastes have been reduced to a humus like compost soil materials. The analysis of the end product compost is attached. The sole materials that the Town applies to the compost materials is water and an organic odor control agent. A copy of the Materials Safety Data Sheet (MSDS) for the organic odor control agent is attached. A copy of the summary table of the annual compost analytical data is attached. The Town's Yard Waste Composting Facility is permitted to operate by the New York State Department of Environmental Conservation under the Town's 6NYCRR Part 360 Solid Waste Management Facility Permit. CONDITIONS The Town currently has between 1,200 and 1,500 cubic yards of unscreened compost available for sale. This material is being sold vendor load "as is where is" or as Option #1: Town Load "as is where is". The Town Solid Waste Facilities are only available for vendor loading between the hours of 7:00 a.m. to 3:30 p.m. Monday through Friday and 7:00 a.m. to 2:00 p.m. on Saturday. The compost is only available for Town loading between the hours of 7:00 a.m. to 3:00 p.m. Tuesday through Friday. The Town is not available for loading from 12:00 noon to 1:00 p.m. There will be a minimum quantity purchased of 500 cubic yards. All parties interested in purchasing this yard waste compost are strongly encouraged to call the Division of Environmental Services at 518-783-2827 to schedule a tour of the composting facility. At the time of the Tour, the vendor may take up to 5 gallons of the compost for qualitative or chemical analysis. D:\116099491.doc Page #2 – Yard Waste Compost Sale----------------------------------------------------5/25/06 GENERAL INFORMATION The Director of the Office of General Services reserves the right to reject any/all bids and in the case where two or more responsible bidders submit identical bids he reserves the right to award the contract to any of such bidders, pursuant to SECTION 103d of the General Municipal Law. SEALED BIDS shall be plainly marked-“BID ON SALE OF YARD WASTE COMPOST” and submitted to the Purchasing Office, Memorial Town Hall, PO Box 508, 534 Loudon Rd, Newtonville, New York 12128. Any bid not so marked automatically becomes VOID. The METHOD OF AWARD shall be to the high bidder for either the Base Propsal, Option #1 or a combination of the two as decided upon by the Town based on all proposals received. Based upon the quantity of yard waste that is requested by the bidders, the Town may elect to award the sale of compost to multiple bidders to achieve the sale of the total quantity of yard waste compost available. The successful Bidder(s) shall be notified by an award letter and payment shall be made prior to pick-up. Payment must be made in cash or certified check. Bidder shall pay 8.00% Albany County Sales Tax. All compost purchased must be removed from the Town Composting Facility within 30 days of the Award. The successful bidder shall be required to enter into a formal agreement with the Town of Colonie, (sample attached). Bidder shall sign the attached Non-Collusion form. D:\116099491.doc NON COLLUSION STATEMENT GENERAL MUNICIPAL LAW CHAPTER 675 - LAWS OF 1966 Amending 103-d General Municipal Law “a.) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1. ) The prices in this bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder with any competitor; 2. ) Unless other wise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. ) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.” ______________________________________ FIRM ______________________________________ BY ______________________________________ DATE D:\116099491.doc BID PROPOSAL TOWN OF COLONIE DIVISION OF ENVIRONMENTAL SERVICES ___________________________________ Bidder’s Name __________________________________ Address ___________________________________ City State Zip ___________________________________ Telephone # Quantity of Yard Waste Compost Available: 1,200 -1,500 cubic yards unscreened. Base Proposal: Yard Waste Compost - Unscreened - Vendor Load $___________/cy. Option #1 Yard Waste Compost - Unscreened - Town Load $___________/cy. Minimum quantity purchased 500 cubic yards. Vendor Quantity Requested Vendor Date Compost Removal Started ___________ cy. ______________________ Vendor Date Compost Removal Completed ______________________ Respectfully submitted, _________________________________ Signed by _________________________________ Title D:\116099491.doc D:\116099491.doc TOWN OF COLONIE AGREEMENT THIS AGREEMENT entered into on the _______ day of _____________ , 20_____ , between the TOWN OF COLONIE, hereinafter referred to as the “TOWN” and ____________________________________ hereinafter referred to as the “CONTRACTOR”. WITNESSETH: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties heretofore themselves, their successors assigns, have mutually agreement and do agree with each other as follows: SECTION 1. DESCRIPTION OF WORK OR PROJECT CONTRACTOR will perform for the TOWN, in a good and workmanlike manner and subject to the provisions of this agreement. SECTION 2. COMPENSATION Not to exceed $20,000.00 unless emergency action. SECTION 3. INDEMNIFICATION The Contractor shall defend, indemnify and hold harmless the TOWN its employees, and agents from and against all claims, damages, losses and expense, including but not limited to attorney’s fees, arising out of or resulting from the negligent act or omission of the CONTRACTOR or anyone directly or indirectly employed by any of them. SECTION 4. PREVAILING WAGE RATES AND SUPPLEMENTS The CONTRACTOR warrants that he is familiar with and in compliance with Sections 220.3 and 220-d of the New York State Labor Law. Said Sections relate to the payment of wages to each laborer, workman or mechanic upon this project employed by the CONTRACTOR of not less than the prevailing hourly wage rate for a legal days work. SECTION 5. INSURANCE The Contractor shall provide the TOWN with a certificate of insurance naming the TOWN OF COLONIE as additional insured showing proof of the following coverages in connection with this project: Workers’ Compensation or Workers’ Compensation Waiver B. Comprehensive General Liability including Contractual Liability with a limit of $1,000,000. C. Automobile liability with a Combined Single Limit of $1,000,000. A. SECTION 6. LAWS AND REGULATIONS D:\116099491.doc This agreement is valid only as an agreement for which competitive bidding under the New York State General Municipal Law §103 is not required. All other applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction of the project shall apply to the agreement and will be deemed to be including in the agreement as though herein written out in full SECTION 7. ENTIRE AGREEMENT This contract constitutes the entire agreement for the services described. All prior representations, whether written or verbal, are included in this written agreement. No work, service, or liability on the part of the contractor other than that specifically mentioned in this agreement is included or intended. CONTRACTOR BY________________________________________ Date________________________________________ D:\116099491.doc TOWN OF COLONIE BY________________________________________ Date________________________________________