Contract G8630-Winter Tree Lighting Services-RFP Final.pdf

REQUEST FOR PROPOSALS

WINTER TREE LIGHTING SERVICES

FOR HUDSON RIVER PARK

CONTRACT NO. G8630

SUMMARY:

Project: Hudson River Park Trust seeks an experienced contractor to install and maintain winter tree lighting at several locations in Hudson River Park in November of 2026 and remove such lighting in January of 2027.

Project Site: Multiple locations throughout Hudson River Park’s piers, esplanades and greenspace, including the Pier 25 Playground, Christopher St. Fountain, Gansevoort Peninsula, Pier 64, Chelsea Waterside Park, and Pier 84.

Type of Services: Light procurement, installation, maintenance, and removal services (the

Term:

RFP Issued:

“Services”), as more specifically described below.

Expected November 2026 to January 2027

Friday, August 14, 2026

Important Notice: A restricted period under the Procurement Lobbying Law is currently in effect for this Procurement and will remain in effect until approval of the Contract. Respondents are prohibited from contact related to this Procurement with any Trust employee other than the designated contact listed here: Christina Singh, AVP, Operations.

All inquiries shall be made by email to the following address: winterlighting26@hrpt.ny.gov.

This RFP and all addenda and responses to questions will be posted on the Trust website at:

https://hudsonriverpark.org/about-us/bids-business-opportunities.

mailto:winterlighting26@hrpt.ny.gov https://hudsonriverpark.org/about-us/bids-business-opportunities

PART I

Hudson River Park Description:

The Hudson River Park Trust (hereafter “the Trust”) is a public benefit corporation and a 501(c)(3) charitable organization created by act of the New York State Legislature. The mission of the Trust is to design, construct, maintain and operate a heavily used four-mile-long waterfront park and estuarine sanctuary on Manhattan’s West Side. While portions of the Park are still undergoing planning and construction, the completed public piers, landscaped upland areas, boating facilities, and other features are among the most heavily used open spaces in New York City. Within the Park footprint are also a number of commercial and cultural venues such as Circle Line, the Intrepid Museum, and Little Island as well as a variety of transportation and essential municipal uses, each having their own operating needs and requirements.

Project Description:

The Trust is seeking to hire experienced and responsive winter tree lighting services (hereafter the “Contractor”) to provide, install, and maintain winter tree lighting at several locations in Hudson River Park. As more particularly described in the Scope of Work, the lights would be installed on or around November 16, 2026 and should be removed on or around January 11, 2027. Lights provided by contractor should be weather proof, bright white, and installed with no physical impacts to trees.

SUBMISSION REQUIREMENTS & PROCEDURES:

RFP & Submission Timeline:

Monday, August 31, 2026 Site Visit: 1:00PM; if interested, please RSVP to winterlighting26@hrpt.ny.gov The site visit will leave from Pier 40, 353 West Street, New York, NY 10014

Wednesday, September 2, 2026 Question Deadline: Last date to submit questions regarding the RFP to winterlighting26@hrpt.ny.gov

Friday, September 4, 2026 Answers Posted: Date that answers to questions will be posted on the Trust website under Bids and Business Opportunities: https://hudsonriverpark.org/about-us/bids-businessopportunities

Tuesday, September 8, 2026 Submission Deadline: 12:00 PM (Noon), by email, to winterlighting26@hrpt.ny.gov, with pricing included.

Submission Format:

• Electronically to the Trust via email: winterlighting26@hrpt.ny.gov.

• What to Include:

o Proposal Certification Form (Exhibit 1) o Work Examples and References (Exhibit 2)

At least three examples of past work, ideally outdoors and with limited existing infrastructure.

mailto:winterlighting26@hrpt.ny.gov mailto:winterlighting26@hrpt.ny.gov https://hudsonriverpark.org/about-us/bids-businessopportunities https://hudsonriverpark.org/about-us/bids-businessopportunities mailto:winterlighting26@hrpt.ny.gov https://hudsonriverpark.org/app/uploads/2022/11/Respondents-Proposal-Certification-Form-Fillable-Form.pdf

Previous experience working with government agencies, particularly NYS, NYC and Federal, including ideally experience working with or under direction of agencies.

Vendor contact roster and demonstrated successful partnership for delivery.

Contact information for three (3) references for whom similar services have been provided.

A list of potential conflicts that may limit availability or capacity.

o Fee and Cost Schedule (Exhibit 3) o Procurement Forms (also in Exhibit 4)

Disclosure of Prior Non-Responsibility Determination / Lobbying Form Gender Based Violence and Workplace Certification Iran Divestment Act Certification Non-Collusion Certification Form NY Executive Order 16 Certification

Forms that will be required during the contracting process (these forms are NOT required with submission) are also available on the Trust website at: https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/

Price and Services must be submitted separately. The Trust has the right to approve none, one or multiple vendors as a result of this RFP.

Contracting Process:

The contract is anticipated to start in November 2026. The contract is estimated from November 2026 – January 2027. The form of contract that accompanies this RFP must also be reviewed by respondents.

Submissions: All responses to this request for proposals are due by 12:00 PM (Noon) on Tuesday, September 8, 2026, and must be emailed to winterlighting26@hrpt.ny.gov, with pricing included.

Proposals will be evaluated based on the following criteria:

Criteria Percentage Cost 50% Previous Experience 30% References and Reputation 20%

Details of Selection Criteria:

• Cost o See Exhibit 4, Fee and Cost Schedule.

• Previous Experience o Experience with outdoor lighting projects in park or outdoor settings.

• Reference and Reputation o Experience of proposed staff;

o Depth of vendor contacts and evidenced relationships.

https://hudsonriverpark.org/app/uploads/2020/03/Disclosure_of_Prior_Non-Responsibility_Determination_Form_Rev_5-18.pdf https://hudsonriverpark.org/app/uploads/2025/11/GBV-and-the-Workplace-Policy-Attestation-Template.pdf https://hudsonriverpark.org/app/uploads/2021/07/Iran_Divestment_Act_Certificationt_Rev._7.21_1.pdf https://hudsonriverpark.org/app/uploads/2020/03/Non-Collusion_Certification_Rev_5-18_1.pdf https://hudsonriverpark.org/app/uploads/2020/03/Non-Collusion_Certification_Rev_5-18_1.pdf https://hudsonriverpark.org/app/uploads/2022/07/HRPK-Russia-Certification.pdf https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/ https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/

Forms That Will Be Required During the Contracting Process:

• Doing Business Data Form

• EO177 Certification Form

• MWBE-EEO Policy Statement

• NYS Tax Contractor Certification ST-220-CA

• NYS Tax Contractor Certification ST-220-TD

• NYS Small Business Certification

• Vendor Responsibility

• HRPT Vendor EFT Payment Information Form

• W-9 Form

Forms that will be required during the contracting process (these forms are NOT required with submission) are also available on the Trust website at: https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/ https://hudsonriverpark.org/app/uploads/2020/03/Disclosure_of_Prior_Non-Responsibility_Determination_Form_Rev_5-18.pdf https://hudsonriverpark.org/app/uploads/2020/03/Disclosure_of_Prior_Non-Responsibility_Determination_Form_Rev_5-18.pdf https://hudsonriverpark.org/app/uploads/2020/03/EO_177_Certification_of_Policies_Against_Harassment_Discrimination_Rev_5-18.pdf https://hudsonriverpark.org/app/uploads/2020/03/MWBE-EEO_Policy_Statement_Rev__11-18.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://hudsonriverpark.org/app/uploads/2020/03/NYS_Small_Business_Certification_Rev_5-18.pdf https://hudsonriverpark.org/app/uploads/2020/03/W-9_Form.pdf https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/ https://hudsonriverpark.org/about-us/work-with-us/bids-and-business-opportunities/required-forms-procedures/

SCOPE OF SERVICES

The general scope of services is listed below; these items are subject to change:

Install lighting on trees at the below locations throughout Hudson River Park. Vendor will be responsible for providing all materials and installing at/around Monday, November 16, 2026 and removing on/around January 11, 2027. Vendor will also be responsible for repairing any fixtures that are damaged/vandalized. Details of lighting included in each Exhibit.

1. Pier 25 Playground (Exhibit A)

a. Total of (5) trees

2. Christopher St. Fountain (Exhibit B)

a. Total of (10) rows of blue icicle lights dangling from above the fountain

3. Gansevoort Peninsula (Exhibit C)

a. Total of (7) trees

4. Pier 64 (Exhibit D)

a. Total of (22) trees

5. Chelsea Waterside Park (Exhibit E)

a. Total of (5) trees

6. Pier 84 (Exhibit F)

a. Total of (8) trees

Exhibit A: Pier 25 Playground

White lights installed on (5) trees on the North side of the Pier 25 Playground.

Exhibit B: Christopher St. Fountain

10 rows of blue icicle lights dangling from the above the Christopher St. fountain.

Exhibit C: Gansevoort Peninsula

White lights installed on (7) trees on the North side of the Gansevoort Peninsula beach. 4 trees on the E side (Photo #1) and 3 trees on the W side (Photo #2).

Exhibit D: Pier 64

White lights installed on (22) trees on the Pier 64 pathway. (11) trees on the North side, (11) trees on the South side.

Exhibit E: Chelsea Waterside Park

White lights installed on (5) trees around the Chelsea Waterside Park seating area.

Exhibit F: Pier 84

White lights installed on (8) trees on the North side of the Pier 84 dog run.

PART I

REQUIREMENTS

1. SERVICES TO BE PERFORMED AND WORK PRODUCT

The selected Contractor shall perform all work and services and deliver all of the Services specifically described in and required by the Scope of Services. Prior to submitting your proposal, please be sure that you review and fully understand the Scope of Services.

2. COMPENSATION

Subject to and in accordance with the final terms of the Contract, the Trust shall compensate the selected Contractor as follows:

In General. Under the Contract, the Trust will agree to pay to the Contractor an amount not to exceed the Maximum Contract Price to be negotiated between the Trust and the selected Contractor based upon its response to this RFP. The Maximum Contract Price shall be the maximum compensation for all of the Services provided by the Contractor pursuant to the Contract and all expenses of the Contractor in connection therewith, including costs of any Subcontractors. The Maximum Contract Price shall be payable as provided in Article II of the Contract and Appendix C of the Contract.

Payment Schedule:

The Contractor shall submit written requests for payment in a format determined by the Trust on or about the first (1st) day of each calendar month for Services actually performed during the immediately preceding calendar month

Sales and Use Tax. The Trust is exempt from state and local sales and use tax. SUCH TAX IS NOT TO BE INCLUDED IN PROPOSALS or in invoices submitted under the Contract.

The Trust will provide the selected Contractor with an appropriate “sales and use tax exemption certificate”.

3. GENERAL CONDITIONS, TERMS, LIMITATIONS AND REQUIREMENTS

Proposal as Offer to Contract. Unless a specific exception is noted by the Trust, submission of a proposal in response to this RFP shall constitute an offer on the part of the successful respondent to execute the Contract substantially in the form annexed hereto as Exhibit 8. Any supporting documents or other items attached as exhibits to this RFP shall be incorporated into the Contract. The successful respondent shall cooperate in supplying any information as may be required by the Trust for background clearance, which is available on the PASSPort website at https://www1.nyc.gov/site/mocs/systems/about-go-to-passport.page, and any other government review and approval forms. Respondent’s proposal shall remain open for acceptance by the Trust and shall remain firm and binding upon the respondent for at least sixty (60) days after the date on which the proposals are received by the Trust, except that the Trust may by written notice to the respondent extend that date for an additional forty-five (45) days.

Freedom of Information Law. All proposals submitted to the Trust in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information https://www1.nyc.gov/site/mocs/systems/about-go-to-passport.page

Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). A respondent may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by the Trust when evaluating the applicability of any exemptions in response to a FOIL request.

Equal Employment Opportunity Requirements. By submission of a proposal in response to this solicitation, the respondent agrees with all of the terms and conditions of the Contract’s Appendix A – Standard Clauses for All New York State Contracts including Clause 12 - Equal Employment Opportunities for Minorities and Women. The respondent is required to ensure that it and any subcontractors awarded a subcontract for the work, undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) work, goods, or services unrelated to the Contract; or (ii) employment outside of New York State.

If awarded a Contract, respondent shall submit a Workforce Utilization Form EEO-101 and shall require each of its Subcontractors to submit a Workforce Utilization Form EEO-101, in such format as shall be required by the Trust on a monthly basis during the term of the Contract. Further, pursuant to Article 15 of the Executive Law (the “NYS Human Rights Law”), Title 8 of the New York City Administrative Code, and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor and subcontractors will not discriminate against any employee or applicant for employment because of actual or perceived age, race, creed, color, national origin, gender identity or expression, sexual orientation, predisposing genetic characteristics; military status, marital status, partnership status, domestic violence victim status, or alienage or citizenship status, and shall also follow the requirements of the NYS Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

Costs. The Trust shall not be liable for any cost incurred by the respondent in the preparation of its proposal or for any work or services performed by the respondent prior to the execution and delivery of the Contract. The Trust is not obligated to pay any costs, expenses, damages or losses incurred by any respondent at any time unless the Trust has expressly agreed to do so in writing.

The Trust Rights. This is a “Request for Proposals” and not a “Request for Bids”. The Trust shall be the sole judge of whether a proposal conforms to the requirements of this RFP and of the merits and acceptability of the individual proposals. Notwithstanding anything to the contrary contained herein, the Trust reserves the right to take any of the following actions in connection with this RFP: amend, modify or withdraw this RFP; waive any requirements of this RFP; require supplemental statements and information from any respondents to this RFP;

award a contract to as many or as few or none of the respondents as the Trust may select;

accept or reject any or all proposals received in response to this RFP; extend the deadline for submission of proposals; negotiate or hold discussions with one or more of the respondents;

permit the correction of deficient proposals that do not completely conform with this RFP;

waive any conditions or modify any provisions of this RFP with respect to one or more respondents; reject any or all proposals and cancel this RFP, in whole or in part, for any reason or no reason, in the Trust's sole discretion. The Trust may exercise any such rights at any time, without notice to any respondent or other parties and without liability to any respondent or other parties for their costs, expenses or other obligations incurred in the preparation of a proposal or otherwise. All proposals become the property of the Trust.

Proposals From Principals. Only proposals from principals and authorized officers will be considered responsive.

Disclaimer. The Trust and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP. Further, the Trust does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or any other facet of this RFP once it has been downloaded or printed from any server, and hereby disclaim any liability for any technical errors or difficulties of any nature that may arise in connection with the Website on which this RFP is posted, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the RFP.

Protest Procedures. Any protests related to this procurement shall follow the procedures set forth in Exhibit 9.

4. INTERVIEWS

Interviews may be held with any or all of the respondents after the receipt of proposals.

Interviews with the Trust will be scheduled after its initial review of proposals.

5. SELECTION

The Trust will review each respondent’s proposal in its totality. The selected respondent, if any, will be a respondent whose proposal is most advantageous to the Trust’s goals. See above for an explanation of the criteria upon which the Trust will base a selection.

EXHIBIT 1

RESPONDENT’S PROPOSAL CERTIFICATION FORM

Submitted by

[Insert Name of Respondent] (The “Respondent”)

In order to induce the Trust to accept this Proposal, Respondent hereby agrees to abide by all of the terms and conditions of the Contract including, without limitation, all representation and warranties set forth therein.

WHERFORE, the Respondent submits this Proposal to the Trust.

[INSERT NAME OF RESPONDENT]

Signed by: ____________________________________________________________________ Printed Name: _________________________________________________________________ Title: ________________________________________________________________________ Respondent’s Address: __________________________________________________________ Notice Address (if different from above): ____________________________________________ Respondent’s Telephone Number: __________________________________________________ Respondent’s Fax Number: _______________________________________________________ Respondent’s E-mail Address: _____________________________________________________ Respondent’s Tax I.D. Number: ___________________________________________________

If a New York State-certified MWBE and/or SDVOB, attach copies of your State-certification.

EXHIBIT 2

WORK EXAMPLES AND REFERENCES

Respondent must submit:

• A description of at least three (3) similar projects that demonstrate expertise and flexibility, highlighting elements similar or relevant to the Contract, particularly in capacity, and scope as outlined in Section 2, including name, location, type of event;

• Client list highlighting work with government agencies, particularly NYS, NYC and Federal;

• Contact information for three (3) references for whom similar services have been provided.

EXHIBIT 3

FEE AND COST SCHEDULE

1. The Respondent shall complete and submit a Fee and Cost Schedule as detailed on the following pages.

2. As explained in Part 1, Section 3, General Conditions, Terms, Limitations And Requirements, the Trust reserves the right to require supplemental statements and information from any respondents to this RFP and negotiate or hold discussions with one or more of the respondents.

3. PLEASE BE SURE THAT YOU SUBMIT YOUR FEE AND COST SCHEDULE

IN A SEPARATE PDF.

(See Fee and Cost Schedule on following page)

EXHIBIT 3

FEE AND COST SCHEDULE

Park Location Details Cost Schedule (incl. materials, installation, maintenance)

Materials Cost Total

Install + Breakdown Cost Total

Maintenance Cost Total

TOTAL

Pier 25 Playground

5 trees

Christopher St.

Fountain

10 rows of dangling blue icicle lights Gansevoort Peninsula

7 trees

Pier 64 22 trees

Chelsea Waterside Park

5 trees

Pier 84 8 trees

Grand Total

EXHIBIT 4

DISCLOSURE OF NON-RESPONSIBILTY DETERMINATIONS [LOBBYING FORM]

NON-COLLUSION CERTIFICATION FORM

IRAN DIVESTMENT FORM

EXECUTIVE ORDER NO. 16 FORM

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE AND EQUAL

OPPORTUNITY POLICY STATEMENT

EO 177 FORM – CERTIFICATION OF POLICIES AGAINST HARASSMENT &

DISCRIMINATION

The forms attached are also available on the Trust’s Bids and Business Opportunities Website at https://hudsonriverpark.org/about-us/bids-business-opportunities.

Rev 5/18

Disclosure of Prior Non-Responsibility Determinations

Background:

New York State Finance Law §139-k(2) obligates Hudson River Park Trust to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law §139-j. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms “Offerer” and “Governmental Entity” are defined in State Finance Law § 139-k(1). State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe.

See State Finance Law §§139-j (10)(b) and 139-k(3).

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

Person Submitting this Form:

Name: Title:

Contract Procurement Number: Date:

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years?

No Yes

2. If yes to Question #1, then was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j?

No Yes Not Applicable

3. If yes to Question #1, then was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity?

No Yes Not Applicable

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Governmental Entity:

Date of Finding of Non-responsibility:

Basis of Finding of Non-Responsibility:

(Add additional pages as necessary) 22

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information?

No Yes

6. If yes, please provide details below.

Governmental Entity:

Date of Termination or Withholding of Contract:

Basis of Termination or Withholding:

(Add additional pages as necessary)

Offerer certifies that all information provided to Hudson River Park Trust with respect to State Finance Law §139-k is complete, true and accurate.

By: Date:

Signature:

Affirmation of Understanding of and Agreement pursuant to State Finance Law § 139-j (3) and § 139-j (6)(b) hereby affirms that it understands and agrees to comply with the procedures of the Hudson River Park Trust relative to permissible contacts as required by State Finance Law §139-j (3) and §139-j (6)(b).

Signed: Date:

Name: Title:

Contractor Name:

Contractor Address:

Gender-Based Violence and the Workplace Certification New York State Finance Law §139-M requires bidders on competitive state procurements to certify that they have a written policy addressing gender-based violence and the workplace and that such policy meets the following minimum requirements:

● Share Information: Employers must provide information regarding gender-based violence where employees can see and access it, including displaying the NYS Domestic and Sexual Violence Hotline information and a gender-based violence and the workplace poster.

● Refer Employee-Survivors to Services: The policy must require that the employer refer employees who disclose current or past victim status to the NYS Domestic and Sexual Violence Hotline and/or a local service provider. For bidders outside of New York State, referrals should be made to a local provider or statewide hotline. While referrals are required to be provided by the employer, it is not required for the employee to access services.

● Prohibit Retaliation: The policy must clearly state that discrimination or retaliation against employees who identify as victims or survivors of gender-based violence is prohibited.

● Comply with Laws: Ensure your policy follows State law. For employers based in New York State, this means that the policy must follow the New York State Human Rights Law, and any other relevant laws and regulations, which may include the SAFE Leave Act.

● Offer Implementation Support: OPDV is able to assist employers in developing and implementing this policy. Employers must provide information to supervisors and human resources, where available, about this technical assistance from OPDV. OPDV can be contacted at workplace@opdv.ny.gov.

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 the bidder has and has implemented a written policy addressing gender-based violence and the workplace and has provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

Organization’s signature below certifies its compliance with State Finance Law §139-M.

Organization: __________________________________________

By (signature): ____________________________________

Name (Please Print): _______________________________

Title: ____________________________________________

Date: ____________________

This form must be signed by an authorized executive or legal representative.

If the organization cannot make the above certification, they must attach a signed statement with their bid detailing the reasons therefor.

mailto:workplace@opdv.ny.gov mailto:workplace@opdv.ny.gov

CERTIFICATION AND SIGNATURE FORM

AFFIDAVIT OF NON-COLLUSION

Name of Respondent:

Business Name:

Business Address:

Phone: Fax: Email:

I hereby attest that I am the person responsible within my company for the final decision as to the prices(s) and amount of this bid/proposal or, if not, that I have written authorization form that person to make the statements set out below on his or her behalf and on behalf of my company.

I further attest that:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any other competitor.

2. The respondent prior to the opening has disclosed neither the price(s) nor the amount of this proposal.

3. No attempt has been made to solicit, cause or induce any company or person to refrain from bidding on this project, or to submit a bid/proposal higher than the bid/proposal of this firm, or any intent ally high or non-competitive bid/proposal or other form of complementary bid/proposal.

4. The bid/proposal of my company is made in good faith and not pursuant to any agreement or discussion with, or inducement from any company or person to submit a complementary bid/proposal.

5. My company has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other company or person, or offered, promised or paid case or anything of value to any company or person, whether in connection with this or any other project, in consideration for an agreement or promise by a company or person to refrain from bidding or to submit a complementary bid/proposal.

6. I have made a diligent inquiry of all members, officers, employees, and agents of my company with responsibilities relating to the preparation, approval or submission of my company's bid/proposal on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit.

7. By submission of this bid/proposal I certify that I have read, am familiar with, and will comply with any and all segments of these specifications.

The person signing this bid/proposal, under the penalties of perjury, affirms the truth thereof.

Signature & Company Position Date Signed

Print Name & Company Name Federal ID Number

Rev. 7/21

IRAN DIVESTMENT ACT CERTIFICATION

1. I am responding to a competitive procurement to provide services and/or supplies on behalf of , to the HUDSON RIVER PARK TRUST pursuant to competitive procurement rules and regulations.

2. The address of the company or individual submitting the proposal is:

3. This certification is submitted pursuant to the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, and New York State Finance Law (SFL), Section 165-a, effective April 12, 2012, and the regulations promulgated thereunder. It is made under penalty of perjury, for the purpose of showing that the respondent has no "investment activities in Iran".

4. The respondent's taxpayer identifications number is:

5. The respondent/contractor does hereby certify that it is not engaged in "investment activities in Iran" as defined by the laws of the State of New York; nor will it invest or participate in such activities during the terms of the contract.

DATED: _

Signature

Title

1. No, Vendor/Contractor does not conduct business operations in Russia within the meaning of Executive Order No. 16

2. a. Yes, Vendor/Contractor conducts business operations in Russia within the meaning of Executive

Order No. 16 but has taken steps to wind down business operations in Russia or is in the process of winding down business operations in Russia. (Please provide a detailed description of the wind down process and a schedule for completion.)

2.b. Yes, Vendor/Contractor conducts business operations in Russia within the meaning of Executive Order No. 16 but only to the extent necessary to provide vital health and safety services within Russia or to comply with federal law, regulations, executive orders, or directives.

(Please provide a detailed description of the services being provided or the relevant laws, regulations, etc.)

3. Yes, Vendor/Contractor conducts business operations in Russia within the meaning of Executive Order No. 16.

The undersigned certifies under penalties of perjury that they are knowledgeable about the Vendor’s business and operations and that the answer provided herein is true to the best of their knowledge and belief.

Vendor/Contractor Name:

(legal entity)

By:

(signature)

Name:

Title:

Date:

Certification Under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with

Businesses Conducting Business in Russia

Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

Is Vendor an entity conducting business operations in Russia, as defined above? Please answer by checking one of the following boxes:

https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

EXHIBIT 6

CONTRACT DRAFT

(SEPARATE ATTACHMENT)

EXHIBIT 7

Protest Procedures

The procedures set forth in this Exhibit shall apply to all protests (collectively, “Protests” and each individually, a “Protest”) related to this procurement. The Trust will not entertain any Protest that is untimely or fails in any manner to comply fully with the procedures set forth in this section.

Types of Protests. There are three types of procurement Protests:

• Pre-Proposal Protest: A protest submitted prior to the Submission Deadline to challenge the notice procedures followed by the Trust;

• Pre-Award Protest: A protest submitted after the Submission Deadline but before Contract execution; and

• Post-Award Protest: A protest submitted after the Contract has been executed, but only to the extent that the protest is based on newly discovered information that was not available prior to execution of a Contract.

Submission of Protests/Deadlines. All Protests must be in writing and must be submitted in accordance with the following timeline for the following types of Protests:

• A Pre-Proposal Protest must be submitted at least two (2) business days prior to the Submission Deadline set forth in Part I of the RFP;

• A Pre-award Protest must be submitted five (5) business days from the later of receipt of Notice of the Trust’s contingent award of the Contract and the date proposals are made publicly available; and

• A Post-award Protest must be submitted five (5) working days from the date the protesting party knew or should have known the newly discovered evidence that serves as the grounds of its Protest.

A Protest will be considered submitted when the Protest is received by the Trust.

Contents of Protest: The Protest should include, without limitation, the following information:

• name, address and telephone number of the protester;

• appropriate identification of the procurement, including the Contract Number;

• statement of the basis of the Protest;

• supporting exhibits and documentary evidence to substantiate the grounds for the Protest;

and

• form of relief requested.

Address for Submission of Protests:

Hudson River Park the Trust Pier 40, 2nd Floor 353 West Street New York, NY 10014 Attention: General Counsel

Method of Submission: Hand, Express Mail, or other nationally-known overnight courier.

Envelope: The envelope enclosing the Protest must be clearly labeled “PROTEST” and must list the Contract Number to which the Protest relates.

Additional Information: The Trust may request that the protestor submit additional information that it may need in order to consider the Protest. Any additional information requested by the Trust must be submitted within the time period established by the Trust in order to expedite consideration of the Protest. Failure of the protester to comply with a request for information within the specified time period will result in a resolution of the Protest without consideration of any information subsequently submitted by the protester in an untimely manner.

Determinations. The Trust’s General Counsel or his/her designee has the authority to make a final determination. The Trust will respond to each substantive issue in the Protest. The Trust may, in its sole discretion, meet with the protesting respondent and any affected party to discuss the Protest. The Trust shall have the right to take such appropriate action as may be in the best interests of the Trust and the City in light of the determination.

The Trust’s determination shall be final. The respondent shall have been deemed to have received the Trust’s determination notice no later than five (5) days from the date of mailing or upon delivery, if delivered by hand of the Trust’s determination.

EXHIBIT 8

Park Over Plastic

The Trust is a leader in environmental stewardship and through its Park Over Plastic initiative encourages occupants of the Park to join its stewardship efforts; and the Contractor agrees to advance the efforts of the Hudson River Park’s Park Over Plastic initiative through the discontinuation of single-use plastics as set forth below.

Contractor shall:

A. Refrain from the distribution and selling of single use plastic bottle(s), straw(s), cup(s), tableware, bag(s), utensil(s), food container(s), and stirrer(s).

B. Use non-plastic products within Hudson River Park. A list of some current plastic alternative vendors and products are included in the Green Resource Guide. Suggested green alternatives include, but are not limited to:

• Paper, plant-based or reusable bottles, straws, cups, tableware, bags, utensils, food containers and stirrers

• Waxed-lined paperboard food and beverage containers

• Biodegradable trash liners

• Reusable or paper tablecloths and decorations

C. Reduce the use of plastic packaging and opt for bulk products with minimal wrapping and low waste food service companies.

D. Use commercially reasonable efforts to use biodegradable products and compost event waste.

E. The Contractor is encouraged to partner with the Trust in advocating and educating the public on the Park Over Plastic initiative though signage, displays, and other partnering opportunities as brought forth by the Trust.

F. Basic Information:

• Hudson River Park’s Green Resource Guide:

https://hudsonriverpark.org/app/uploads/2020/11/HRPK_Park_Over_Plastic_Green_Gu ide.pdf

• List of certified compostable companies to buy from, the Biodegradable Products Institute: https://www.bpiworld.org/

• NY based reusable container delivery service: https://www.deliverzero.com/

• NYC based compost collection and transport information:

https://www1.nyc.gov/assets/dsny/site/services/food-scraps-and-yard-waste-page/commercial-requirements

• Product Stewardship Institute’s low food waste guide:

https://cdn.ymaws.com/www.productstewardship.us/resource/resmgr/files/psi_plastic_r eduction_guide.pdf

• Great Forest’s zero waste checklist:

https://greatforest.com/sustainability101/zero-waste-event-guide-10-step-checklist/ https://hudsonriverpark.org/the-park/sustainability/park-over-plastic/ https://hudsonriverpark.org/app/uploads/2020/11/HRPK_Park_Over_Plastic_Green_Guide.pdf https://hudsonriverpark.org/app/uploads/2020/11/HRPK_Park_Over_Plastic_Green_Guide.pdf https://hudsonriverpark.org/app/uploads/2020/11/HRPK_Park_Over_Plastic_Green_Guide.pdf https://www.bpiworld.org/ https://www.deliverzero.com/ https://www1.nyc.gov/assets/dsny/site/services/food-scraps-and-yard-waste-page/commercial-requirements https://www1.nyc.gov/assets/dsny/site/services/food-scraps-and-yard-waste-page/commercial-requirements https://cdn.ymaws.com/www.productstewardship.us/resource/resmgr/files/psi_plastic_reduction_guide.pdf https://cdn.ymaws.com/www.productstewardship.us/resource/resmgr/files/psi_plastic_reduction_guide.pdf https://greatforest.com/sustainability101/zero-waste-event-guide-10-step-checklist/

CONTRACT NO. G8630

WINTER TREE LIGHTING SERVICES FOR

HUDSON RIVER PARK

EXHIBIT 6

Contract No. Page 2

HUDSON RIVER PARK TRUST (the “Trust”) and the consultant, contractor or party identified below (each a “Contractor”), in consideration of the mutual covenants contained in the Contract (as defined below) and other valuable and good consideration, do hereby agree to all of the terms and conditions set forth in (i) these Specific Terms (Part I) set forth immediately below, (ii) the General Terms and Conditions (Part II) annexed hereto and made a part hereof and (iii) the Appendices (Part III) annexed hereto and made a part hereof.

The Contractor shall provide the services (“Services”) described in Appendix B - Scope of Services and shall be compensated for the rendering of the Services in accordance with Part II Article II of the Contract and as provided in Appendix C - Fee and Cost Schedule. The Contractor must purchase and maintain insurance for the Term of the Contract, as provided in Appendix D - Insurance. If Part I, Section 1.7 indicates that the Contract is subject to an M/WBE Percentage Goal, the Contractor must comply with the M/WBE requirements provided in Appendix E - M/WBE Requirements. If Part I, Section 1.8 indicates that the Contract is subject to an SDVOB Percentage Goal, the Contractor must comply with the SDVOB requirements provided in Appendix F - SDVOB Requirements. The term “State” as referenced in Appendix A shall mean the State of New York and the Trust.

1. The Contract

1.1 Contract: These Specific Terms and Conditions (Part I), the General Terms and Conditions (Part II) and the Appendices (Part III)

1.2 Contract No. G8630

1.3 Contract Date: The date of the Contract is as of TBD

1.4 Term: Three (3) months

1.5 Maximum Contract Price: TBD

1.6 Project: 2026 Winter Tree Lighting Services

1.7 M/WBE Participation Goal: 0%, see Appendix E

1.8 SDVOB Participation Goal: 0%, see Appendix F

2. Parties

2.1 The Trust: Hudson River Park Trust, a public benefit corporation of the State of New York.

2.2 The Contractor: [Insert legal Name of Contractor], a New York [or if not NY, insert State]

[Insert “individual”, “Trust”, “partnership”, “corporation” or “limited liability company”], having an office at:

[Insert Street Address] [Insert City, State and Zip Code]

2.3 Contractor’s Contact Person: [Insert Name and Title]

2.4 Trust’s Contact Person: Christina Singh, Assistant Vice President of Operations

3. Notice Parties and Addresses

Any notice, approval, consent, acceptance, or demand required or permitted to be given hereunder ("Notice") from either party to the other shall be in writing and shall be deemed given when received by overnight mail or three (3) business days after deposited with the United States Postal Service in a postage prepaid envelope, certified or registered mail, addressed to the other party at the addresses set forth below (with a copy also emailed to the email address of the other party as set forth below). However, this section on Notices does not apply to routine communications regarding the work or scope of services or billing, all of which can be sent via email.

Contract No. Page 3

3.1 Notices to the Trust:

Hudson River Park Trust 353 West Street, Pier 40, 2nd Floor New York, N.Y. 10014 Attn: General Counsel with a copy to:

Hudson River Park Trust 353 West Street, Pier 40, 2nd Floor New York, N.Y. 10014 Attn: Christina Singh, Assistant Vice President of Operations

3.2 Notices to the Contractor:

[Insert Name of Contactor] [Insert Street Address] [Insert City, State and Zip Code] Attn: [Insert Name and Title]

4. Special Provisions. The provisions set forth below are hereby added to and made part of the Contract.

In the event any conflict exists between any of the General Terms and Conditions (Part II) of the Contract and these special provisions, these special provisions shall govern.

4.1 A Workforce Utilization Form is required for all non-construction contracts in excess of $25,000 and for all construction contracts in excess of $100,000. Once the Contract has been awarded, the Contractor and its Subcontractor(s) shall file Workforce Utilization Reports which shall indicate the actual workforce utilized in the performance of the Contract organized by the specified categories, including ethnic background, gender, and Federal occupational categories.

The Trust shall provide the requisite forms to the Contractor to submit electronically to the Trust at email address EEO101@hrpt.ny.gov or information for the Contractor to file directly with the New York State Contract System.

5. Execution. This Contract may be executed and delivered in counterparts, including execution by digital or electronic signature, each of which so executed and delivered, when taken together, shall be deemed a fully-executed instrument. The Constractor acknowledges that it has carefully examined the entire Contract and thoroughly understands the same.

mailto:EEO101@hrpt.ny.gov mailto:EEO101@hrpt.ny.gov

Contract No. Page 4

IN WITNESS WHEREOF, the parties hereto have executed the Contract as of the Contract Date here above written.

HUDSON RIVER PARK TRUST [INSERT CONTRACTOR NAME]

By: ____________________________ By: ___________________________ Noreen Doyle Name:

President & CEO Title:

Contract No. Page 5

PART II

GENERAL TERMS AND CONDITIONS

ARTICLE I

PERFORMANCE OF SERVICES

1. Supervision by the Trust. Services shall be subject to the general supervision and direction of the Trust or its authorized representative, whose decision shall be final and binding upon the Contractor as to all matters arising in connection with or relating to the Contract. Neither the Trust’s exercise nor failure to exercise such supervision and direction shall relieve the Contractor of any of its obligations or responsibilities for its acts or failure to act with regards to the Contract. The Trust shall reasonably determine all matters relative to the fulfillment of the Contract on the part of the Contractor and such determination shall be final and binding on the Contractor.

2. Approvals or Acceptance by the Trust. Whenever action is to be taken, or approval or acceptance given by the Trust, such action, approval or acceptance shall be deemed to have been taken or given, only if so taken or given by the Trust’s representative, by the Trust’s signatory to this Contract, or by another officer or employee of the Trust duly designated by such signatory to represent the Trust in connection therewith. The Trust shall notify the Contractor in writing of each such approval or acceptance, or the withholding thereof, within a reasonable period of time. The Trust’s acceptance or approval of documents or other materials prepared by the Contractor hereunder shall in no way relieve the Contractor of responsibility for such materials.

3. Contractor Cooperation. The Contractor shall work with and exchange information with such entities or individuals in connection with the Services as the Trust shall designate from time to time, and agrees to meet with such entities or individuals at such times as the Trust may require in order to maintain an ongoing review process to expedite determinations and approvals required to be made in connection with the Services.

4. Contact Persons. The Trust will designate in writing an individual who will serve as the Trust’s representative and normal point of contact for the Contractor with regards to the Contract and the Contractor’s Services and obligations hereunder. The Contractor shall designate in writing to the Trust one individual, satisfactory to the Trust, who shall be responsible for coordinating all Services to be rendered by the Contractor and who shall be the Trust’s normal point of contact with the Contractor on matters relating to such Services. Such individual shall be replaced upon the Trust’s written request.

The Trust and Contractor may from time to time change this designation by notification to the other party.

5. Approval of Subcontractors and Subcontracts.