NI-WR-2019-002-02 Log Repair WRS.pdf

Request for Quote (RFQ) This is NOT an Order

(Updated March, 2026)

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Instructions to Vendors

Complete all yellow-shaded areas and provide documentation if indicated as “Applicable” in the check box.

Responses must be submitted on this RFQ document, or the quote may be deemed non-responsive and disqualified from consideration.

If the quote exceeds $15,000, fill out and return the additional forms provided within this RFQ document to the Designated Contact by the due date and time indicated below.

Note: For the purposes of this RFQ, the terms “Vendor”, “Contractor” and “Bidder” are used interchangeably.

RFQ Number Description

NI-WR-2019-002-02 Log Adjustment along West River Shoreline Trail

Region Designated Contact Phone Submit E-Mail Responses to

Niagara Alexander Silva 518-530-2805 Alexander.Silva@parks.ny.gov

Delivery Location(s) Physical Address(es) County

N/A

43.047773 N, -79.001188 W

(South of Eagle’s Overlook)

Erie

RFQ Timeline of Events

Event Date Time

RFQ Release 09/04/2026 N/A

Vendor Questions Due 09/15/2026 5:00 PM ET

RFQ Due 09/28/2026 5:00 PM ET

MWBE Goals Applicable Not Applicable

Detailed Scope of What is Needed: Commodity Services NYS OPRHP is requesting quotes for the adjustment of 9 existing cabled logs along the West River Shoreline Trail.

Repositioned logs to be anchored using materials and methods in the attached Scope of Work. Additional logs washed into the shoreline area to be repositioned landward of the 9 logs to be re-anchored.

Service Term: Applicable Not Applicable

One Time Service Ongoing: Start Date: Upon Approval End Date: 12/31/2026

Minimum Bidder Qualification(s): Applicable Not Applicable Required by*

Agency Law

Agency Law Minimum qualifications will be evaluated on a pass/fail basis. If the bidder fails to meet a minimum qualification, they will be deemed non-responsive and will not be considered for award.

*If required by law, please include supporting documentation citing the law/legislation.

Method of Award

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In the sole discretion of OPRHP, award of this RFQ will be made to a responsive, responsible and qualified bidder who offers the lowest quote meeting all specifications as outlined in this RFQ. A bidder will be found non-responsive if OPRHP finds that they do not have sufficient resources to provide the commodity and/or service as outlined in this RFQ.

NYS Office of Parks, Recreation and Historic Preservation’s Terms and Conditions

All RFQ responses must be valid for at least 90 days.

OPRHP reserves the right to purchase some, all, more or none of the items requested in this RFQ.

Quotes containing extraneous terms and conditions may be deemed non-responsive.

By submitting a quote, the Bidder agrees not to make any claim for, or have any right to, damages because of any misinterpretation or misunderstanding of the specifications, or because of any misinformation or lack of information.

OPRHP reserve the right to exercise the following:

• Change any of the scheduled dates herein;

• Amend RFQ Requirement(s) and so notify all potential Bidders;

• Withdraw the RFQ, at its sole discretion without any obligation or liability to any vendor;

• Eliminate any mandatory, non-material requirement that cannot be complied with by all of the prospective Bidders;

• Accept and/or reject any and all bids, in whole or in part, and to waive technicalities, irregularities, and omissions if, in OPRHP’s judgement, the best interests of OPRHP will be served.

• In the event compliant bids are not received, OPRHP reserves the right to consider late or non-conforming bids as offers;

• Require the Bidder to demonstrate, to the satisfaction of OPRHP, any information presented as part of their proposal;

• Require clarification at any time during the procurement process and/or require correction of arithmetic errors;

• Disqualify any Bidder whose conduct and/or bid fails to conform to the requirements of the solicitation;

• Prior to the bid opening, determine a tie breaking mechanism for award of the Contract to serve the best interests of OPRHP and the State of New York;

• Negotiate with the successful Bidder within the scope of the RFQ to serve the best interests of OPRHP and the State of New York;

• Make an award under the RFQ in whole or in part; and

• Seek revisions of bids.

By responding to this RFQ, Vendor certifies its acceptance of the terms and conditions of Appendix A. In the event of a conflict between the purchase order document and any referenced documents contained within the purchase order, the order of precedence shall be as follows:

1) Appendix A Standard Clauses for New York State Contracts,

2) Purchase Order / Contract,

3) Any agency specific terms and conditions,

4) This RFQ,

5) Vendor’s offer / Proposal.

Prevailing Wage: Applicable Not Applicable PRC Number

The work under this RFQ has been determined to be a public work pursuant to Article 8 (Construction) / 9 (Building Services in excess of $1,500) of the New York Labor Law which requires prevailing wages to be paid. A willful violation of such may result in civil penalties and debarment from public contracting in the State of New York.

https://dol.ny.gov/public-work-and-prevailing-wage

2026025704

Contractor Registry Requirement Applicable Not Applicable

Labor Law Article 8 subsection 220-I requires contractors and subcontractors to register with the Bureau of Public Work and Prevailing Wage Enforcement. This registration must be completed prior to bidding on public work projects or commencing work on public work projects or covered private projects that are subject to the prevailing wage pursuant to Sections 224-a, 224-d, & 224-e. The effective date of the registration requirement is December 30, 2024.

If Applicable, a Certificate of Registration must be submitted at the time of bid.

https://ogs.ny.gov/procurement/appendix https://dol.ny.gov/public-work-and-prevailing-wage

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For additional information, please refer to this website: https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing The registration page can be found here: https://mpwr-public.labor.ny.gov/en/login

Public Building Law § 8(6): Applicable Not Applicable

Pursuant to Public Building Law § 8(6), any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise that submits a bid within ten percent of the lowest bid will be deemed the apparent low bidder provided that the bid is $1,737,918 or less (maximum amount has been adjusted for inflation effective January 1, 2026). If more than one responsible and reliable MWBE firm meets the requirements, the MWBE firm with lowest bid will be deemed the apparent low bidder.

Insurance: Applicable Not Applicable

Commercial General Liability - Insurance shall be endorsed to name the “State of New York, Office of Parks, Recreation, and Historic Preservation, and their officers, employees, and agents” as an additional insured. Said policy shall cover the liability of the Contractor for bodily injury, property damage, premises liability and personal/advertising injury from all work and operations under any contract resulting from this solicitation. The limits under such policy shall not be less than the following:

• Each Occurrence limit $1,000,000.00

• General Aggregate $2,000,000.00

• Products/Completed Operations $2,000,000.00

• Personal Advertising Injury $1,000,000.00

• Damage to Rented Premises $50,000.00

• Medical Expense $5,000.00

The following ISO forms must be endorsed to the policy:

a. CG 20 10 12 19 or an equivalent – Commercial General Liability Coverage Form

b. CG 20 37 12 19 or an equivalent – Additional Insured – Owner, Lessees or Contractors (Form B)

c. Waiver of Subrogation

Comprehensive Business Automobile Liability Insurance. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $1,000,000 each accident. Said policy shall cover liability arising out of any automobile used in connection with performance under this Agreement including owned, leased, hired, and non-owned automobiles bearing or, under the circumstances under which they are being used, required by the Motor Vehicles Law of the State of New York to bear license plates.

If the Contractor does not own, lease, or hire any automobiles used in connection with performance under this Agreement, the Contractor is not required to obtain Comprehensive Business Automobile Liability Insurance.

Workers’ Compensation and Disability Benefits Insurance - Provide OPRHP with proof of Workers’ Compensation Insurance and Disability Benefits Insurance. The following are the only acceptable means of proof; ACORD forms are NOT acceptable proof of coverage. For more information about Workers’ Compensation and Disability insurance, log onto the Workers Compensation Board website at www.wcb.ny.gov or call them toll-free at 1-877-632-4996.

Acceptable Proof of Workers’ Compensation

CE-200 Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage

C-105.2 Certificate of Workers’ Compensation Insurance

U-26.3 NYS Insurance Fund Certificate

GSI-105.2 Certificate of Participation in Workers' Compensation Group Board - approved self-insurance

SI-12 Certificate of Workers’ Compensation Self-Insurance

Acceptable Proof of Disability Benefits

CE-200 Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage

DB-120.1 Certificate of Disability Benefits Insurance https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing https://mpwr-public.labor.ny.gov/en/login

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DB-120.2 Certificate of Participation in Disability Benefits Group Self Insurance

DB-155 Certificate of Disability Benefits Self-Insurance

(Updated March, 2026)

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Bid Form

Method of Award is based on the lowest Grand Total Cost to OPRHP from a responsive and responsible vendor. The figures shown below represent OPRHP’s best estimate, included for bidding purposes. OPRHP guarantees no minimum or maximum amount of product and/or work. Payment to awarded contractor will reflect only product received and/or work completed.

All ancillary costs must be included in rates bid.

To submit a bid, please enter your price(s) below, being mindful of any required mathematical extensions (e.g. multiplied by quantities/frequency, etc.). All figures must be rounded to two decimal places.

Provide Pricing for Each Item Listed Below

Lump sum pricing is not acceptable

# Description / Specification

Unit of Measure

Part or SKU # (if applicable)

𝑨 𝑩 𝐀 × 𝐁

Quantity Price Total Cost

Adjustment and re-securing existing logs & repositioning extra logs landward - Labor

Lump Sum 1

3 Materials Lump Sum 1

Guaranteed Delivery Days After Receipt of Order → RFQ Total →

Vendor Certification

The RFQ Response must be fully and properly executed by an authorized representative. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this RFQ, OPRHP’s requirements, including NYS Appendix A (https://ogs.ny.gov/procurement/appendix) and if awarded a Purchase order, agrees to provide the requested items or services at the bid price offered.

Company Name: SFS ID No.: NYS Contract No.:

NYS Small Business*1 NYS Certified Minority- Owned Business

NYS Certified Women- Owned Business

NYS Service-Disabled Veteran Owned Business

# Employees

Address: City State Zip Code

Name of Official Title E-Mail Telephone

Signature Date

1 A “New York State Small Business” is defined as a company that is a resident to New York State, independently owned and operated, with 100 or fewer employees, and not dominant in its field. There is no certification process to be considered a New York State Small Business.

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No Bid Form

If your firm has chosen not to bid on this procurement opportunity, please use the space below to briefly explain why and return this form to the designated contact listed on page 1.

Reason(s) for Not Bidding

Certification

Company Name:

Doing Business As:

Address: City

State

Zip Code

Name of Official: Title

E-Mail Telephone:

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Appendix B1 Specifications for Negotiated Terms and Conditions

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract" or “Purchase Order”) agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. Order of Precedence

In the event of any inconsistency in or conflict among the document elements of the future contract identified herein, such inconsistency or conflict shall be resolved by giving precedence to the document elements in the order set forth below:

1. Appendix A Standard Clauses for New York State Contracts,

2. Purchase Order / Contract,

3. Any agency specific terms and conditions,

4. This RFQ,

5. Vendor’s offer / Proposal

2. Applicability

The terms and conditions set forth in this Appendix B1 are expressly incorporated in and applicable to all procurements and resulting procurement contracts let by the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP” or the “Agency”). Appendix B1 shall govern such procurements or contracts unless expressly modified or amended by the terms of a Bid Specification, Solicitation, or a negotiated Contract/Clarification document, if any. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

3. Governing Law

This procurement, the resulting Contract and/or any Purchase Orders (herein known as “Contract”) issued hereunder shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the Contract shall be heard in a court of competent jurisdiction in the State of New York.

4. Sales Tax Exemption

Purchases made by the State of New York and the Agency are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. to satisfy the requirements of the New York State Sales tax exemption, either the Purchase Order issued by a State Agency or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to the State, an exempt organization under Section 1116(a)(1) of the Tax Law. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or Federal Social Security taxes, which remain the sole responsibility of the Bidder/Contractor.

5. Litigation Support

In the event that the Agency becomes involved in litigation related to the subject matter of the resulting contract, the Contractor agrees to provide background support and other litigation support, including but not limited to depositions, appearances, and testimony.

6. Purchase Orders

No items or deliverables, including commodities, services, and/or technology (Product), is to be delivered or furnished by Contractor until transmittal of an official Contract or Purchase Order. Unless terminated or cancelled pursuant to the authority vested in the Agency, Purchase Orders shall be effective and binding upon the Contractor (i) in the case of formal written Purchase Orders, when placed in the mail prior to the termination of the Contract and addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification or (ii) in the case of electronic Purchase Orders or Purchasing Card purchases, when electronically transmitted to the Contractor prior to the termination of the Contract.

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7. Savings/Force Majeure

A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, embargoes, strikes, fires, explosions, actions of the elements, floods, epidemics or pandemics, quarantines, or other similar causes beyond the control of the Contractor or the Agency in the performance of the Contract where non-performance, by exercise of reasonable diligence, cannot be prevented.

The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the Contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the Contract.

The Contractor agrees that in the event of a delay or failure of performance by the Contractor under the Contract due to a force majeure occurrence:

• The Agency may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or

• The Contractor will provide the Agency with access to Products first in order to fulfill orders placed before the force majeure event occurred. The Agency may accept allocated performance or deliveries during the occurrence of the force majeure event.

Neither the Contractor nor the Agency shall be liable to the other for any delay in or failure of performance under the Contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Agency to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Agency where the delay or failure will significantly impair the value of the Contract to the State or to the Agency, the Agency may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof.

In addition, the Agency reserves the right, in his or her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor’s performance that continued performance of the Contract would result in a substantial loss to the Contractor.

8. Indemnification

Contractor shall be fully liable for the actions of its agents, employees, partners or Subcontractors and shall fully defend, indemnify and hold harmless the Agency from suits, actions, proceedings, claims, losses, damages, and costs (including reasonable attorney fees) of every name and description relating to personal injury and damage to real or personal tangible property caused by any intentional act or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from this Contract, without limitation; provided, however, that the Contractor shall not be obligated to indemnify an Authorized User for any claim, loss or damage arising hereunder to the extent caused by the negligent act, failure to act, gross negligence or willful misconduct of the Agency.

The Agency shall give Contractor: (i) prompt written notice of any action, claim or threat of suit, or other suit for which Contractor is required to fully indemnify the Agency, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action, claim or suit at the expense of Contractor. Notwithstanding the foregoing, the State reserves the right to join such action, at its sole expense, if it determines there is an issue involving a significant public interest.

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In the event that an action or proceeding at law or in equity is commenced against the Agency arising out of a claim for death, personal injury or damage to real or personal tangible property caused by any intentional or willful act, gross negligence, or negligence of Contractor, its agents, employees, partners or Subcontractors, which shall arise from or result directly or indirectly from the Products supplied under this Contract, and Contractor is of the opinion that the allegations in such action or proceeding in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Agency and the New York State Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract and to what extent it is not so obligated to defend and indemnify. Contractor shall in such event protect the interests of the Authorized User and attempt to secure a continuance to permit the State and the Agency to appear and defend their interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the State and the Agency may have. In the event of a dispute regarding the defense, the Contractor and the Attorney General shall try to reach an amicable resolution, but the Attorney General shall have the final determination on such matters.

9. Limitation of Liability

Except as otherwise set forth in the Indemnification clause and the Indemnification Relating to Infringement clause, the limit of liability shall be as follows:

1. Contractor’s liability for any claim, loss or liability arising out of, or connected with the Products provided, and whether based upon default, or other liability such as breach of contract, warranty, negligence, misrepresentation or otherwise, shall in no case exceed direct damages in: (i) an amount equal to two (2) times the charges specified in the Purchase Order for the Products forming the basis of the Agency’s claim or (ii) five hundred thousand dollars ($500,000), whichever is greater.

2. The Agency may retain such monies from any amount due Contractor as may be necessary to satisfy any claim for damages, costs and the like asserted against the Agency unless Contractor at the time of the presentation of claim shall demonstrate to the Agency’s satisfaction that sufficient monies are set aside by the Contractor in the form of a bond or through insurance coverage to cover associated damages and other costs.

Notwithstanding the above, neither the Contractor nor the Agency shall be liable for any consequential, indirect or special damages of any kind which may result directly or indirectly from such performance, including, without limitation, damages resulting from loss of use or loss of profit by the Agency, the Contractor, or by others.

10. Termination

For Cause

For a material breach that remains uncured for more than seven (7) calendar days or other longer period as specified by written notice to the Contractor, the Contract or Purchase Order may be terminated by the Agency. Neither the State nor an Authorized User shall be liable for any of Contractor’s costs arising from the failure to perform or the termination, including without limitation costs incurred after the date of termination. Such termination shall be upon written notice to the Contractor. In such event, the Agency may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

For Convenience

This Contract may be terminated at any time by Agency for convenience as specified by written notice, without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this subdivision, the Agency shall remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and fulfill any outstanding Purchase Orders.

(Updated March, 2026)

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Additional Forms

The following Forms are only required if the response to this RFQ is $15,000 or more.

1. Lobbying Law Certification

2. Non-Collusive Bidding Certification

3. Public Officer’s Law

4. Certification Under Executive Order No. 16. Certification Under Executive Order No.

16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

5. NYS Finance Law §139-L and Executive Order No. 177 Certification

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Lobbying Law Certification

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between a Governmental Entity and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest posting, on a Governmental Entity’s website, in a newspaper of general circulation, or in the procurement opportunities newsletter in accordance with article four-C of the economic development law of written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method provided for by law or regulation for soliciting a response from Offerers intending to result in a Procurement Contract with a Governmental Entity through final award and approval of the Procurement Contract by the Governmental Entity and, if applicable, the Office of the State Comptroller (“Restricted Period”) to other than the Designated Contacts for the Governmental Procurement unless it is a Contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). The Designated Contact(s) for this Governmental Procurement, as of the date hereof, are identified on the first page of this solicitation. Governmental Entity employees are also required to obtain certain information when Contacted during the Restricted Period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found at https://ogs.ny.gov/acpl.

Offerer Disclosure of Prior Non-Responsibility Determinations

New York State Finance Law §139-k(2) obligates a Governmental Entity 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).

Instructions

The Governmental Entity reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Governmental Entity may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.

The Office of State Parks, Recreation and Historic Preservation (OPRHP) includes this disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract. It shall be submitted to OPRHP unit conducting the Governmental Procurement.

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? (Please mark):

No Yes - If yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please mark):

No Yes

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3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a

Governmental Entity? (Please mark):

No Yes

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

(attach additional pages as necessary)

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? (Please mark):

No Yes - If yes, please provide details below.

Governmental Entity Date of Finding of Non-Responsibility

Basis of Finding of Non-Responsibility

(attach additional pages as necessary)

Lobbying Affirmation and Vendor Certification

Offerer affirms that it understands and agrees to comply with the procedures of the OPRHP relative to permissible Contacts as required by State Finance Law §139-j(3) and §139-j(6)(b). Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k, §139-j(3) and §139-j(6)(b), §139-k(5) is complete, true and accurate.

Company Name:

Doing Business As:

Address: City

State

Zip Code

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Non-Collusive Bidding Certification

By submission of this bid, each bidder and each person signing on behalf of any other 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 or her knowledge and belief:

1. The prices of this bid 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 bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not 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.

Doing Business As:

Address:

City

State

Zip Code

May 2025

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Public Officers Law

The following prohibitions pertain to the sale of goods and services by State employees to New York State Agencies pursuant to the NYS Public Officer’s Law § 73(4).

Current State Employees - Current employees of New York State cannot sell goods or services valued at $25 or more to any state agency, either as a private contractor or through a company in which that employee holds ownership of at least 10%, unless the procurement opportunity is first advertised in the NYS Contract Reporter and competitively bid.

Former OPRHP State Employees - Former employees of the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) cannot sell goods or services to OPRHP under any circumstance for two (2) years following the date they leave OPRHP’s employ. This applies only to OPRHP and OPRHP’s employees, and does not preclude a former employee of another state agency from selling goods or services to OPRHP within two years following the last date of that person's state employment.

Please check (X) as appropriate, sign and date.

I am currently a state employee, and:

am a private contractor own at least 10% of the company that is being asked to provide goods or services to OPRHP.

I am a former OPRHP employee, and my service with OPRHP ended less than two (2) years prior to the date of my signature below.

None of the above apply.

Doing Business As:

July 2021

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 15

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

Businesses Conducting Business in Russia https://ogs.ny.gov/EO-16 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:

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

2.a. Yes, Vendor 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 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 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.

Doing Business As:

June 2022 https://ogs.ny.gov/EO-16

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 16

NYS Finance Law §139-L and Executive Order No. 177 Certification

State Finance Law § 139-L Certification

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 sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

Executive Order No. 177 Certification

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics. The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner. The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

• all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

• employers with fewer than four employees in all cases involving sexual harassment; and,

• any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion or national origin.

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

Vendor Certification

By signing, you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of the above certifications and that all information provided is complete, true and accurate.

Company Name:

Doing Business As:

Address:

City

State

Zip Code

Revised August 2022

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 17

Log Adjustment at West River Shoreline Trail

Project Location: West River Shoreline Trail (43.047773 N, -79.001188 W).

Request for Quote Number NI-FM-2023-001-11 Page 18

1.1 Project Description

A. Contact Information:

1. Owner: Niagara Region of the New York State Office of Parks Recreation and Historic Preservation

(Niagara Region NYSOPRHP).

2. Owner’s Representative:

a. Alexander Silva, Restoration Project Manager, NYS OPRHP. 3160 DeVeaux Woods Drive, Niagara Falls, NY 14305.

b. Contact Details: 518-530-2805, Alexander.Silva@parks.ny.gov

3. Parks Police: (716) 278-1777

4. Beaver Island Park Office: (716) 773-3271

B. Scope of Work:

1. This contract consists of the following:

a. Adjustment of the existing logs from the top-of-bank along the West River Shoreline

Enhancement Project site. This will include 9 existing logs in the highlighted section of Figure

B. No vegetation clearing will be allowed.

b. Repositioned cabled logs can be anchored using materials and methods per the design drawings (see figure E), or with alternative materials and methods approved by OPRHP in advance of installation.

c. Additional logs washed into the shoreline area where logs are being repositioned should be laid unachored behind (landward) and parallel to the newly repostioned and anchored logs.

2. Contractor shall be responsible for restoring all disturbed areas to original condition or better.

3. A final walk through and inspection will be held before the project is closed out.

C. Project Schedule and Requirements

1. OPHRP shall meet with the contractor prior to commencing work to discuss work plans, scheduling, and access. Contractor shall wait for a Notice to Proceed before starting work on site.

2. To protect vegetation adjacent to the wetland and not create new paths, access to the wetland shall be limited to two access points to be determined in coordination with OPRHP.

3. Equipment and/or vehicles should work from the shoreline and tracks or tires should not enter the water.

4. A regular work-day under this contract(s) shall not begin before daylight and shall end no later than dusk. In no case, may any person work more than 8-hours in any 24-hour period. Under this contract, a regular a work-day shall be on any day Monday through Friday, except any day that is a State Holiday.

5. All workers shall be wearing the appropriate personal protective equipment to perform the work.

6. No work shall occur between April 15 and June 30.

7. Work should be completed prior to December 31, 2026.

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 19

1.2 Project Maps

Figure A. Area where existing logs are to be adjusted along the West River Shoreline Trail.

Figure B. Proposed Site Plan C-2 showing highlighted area for log adjustment.

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 20

Figure C. Cross Section S-1 example #1 showing log placement.

Figure D. Cross Section S-1 example #2 showing log placement.

(Updated March, 2026)

Request for Quote Number NI-FM-2023-001-11 Page 21

Figure E. Details sheet D-2 showing anchoring of the cabled logs. Alternative means and methods for anchoring must be approved by OPRHP.