Invasive Species Control (Mechanical and Herbicide Application) Niagara Gorge in Whirlpool State Park, Niagara Falls Request for Proposal (RFP)

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1 Invasive Species Control (Mechanical and Herbicide Application) Niagara Gorge in Whirlpool State Park, Niagara Falls Request for Proposal (RFP) Western New York Land Conservancy P.O. Box 471 East Aurora, NY 14052

2 Project Description & Request for Services The Western New York Land Conservancy (Land Conservancy) is requesting quotes from qualified contractors to mechanically and chemically treat woody and herbaceous invasive species on 45 acres undergoing ecological restoration in Whirlpool and Devil s Hole State Parks in Niagara Falls, New York. The site extends 1.65 miles downstream of the Whirlpool Rapids Bridge, along the Niagara River Gorge talus slopes. The specific tasks, equipment and materials requirements, qualifications, and proposal submission process are detailed below. MWBE Goals Sub-contracting to obtain needed skills or equipment to perform the tasks in this RFP or increase participation of minority and women owned businesses is allowed and encouraged but should be detailed in the cost proposal. Insurance Requirements The selected contractor will need to provide a Certificate of Liability Insurance naming the Land Conservancy, and other parties as requested, with amounts of $1,000,000 per incident and $2,000,000 aggregate. Prevailing Wages Prevailing wage rates, when applicable as determined by the contractor, should be used for determining the proposed cost for services. If prevailing wages are applied, briefly explain why and how on Page 1 of the Request for Proposal Submission. If applicable, documentation of the payment of prevailing wage rates (e.g. certified payroll reports) will need to be provided to the Land Conservancy by the selected contractor.

3 Mechanical and Herbicide Treatment of Invasive Species In January 2019 through spring 2020, the certified commercial pesticide applicator (defined herein as the Contractor ) will perform mechanical and herbicide treatment of the target invasive species listed in Tables 1 and 2. This work will be conducted throughout 45 acres of talus slope along the Niagara Gorge in Whirlpool State Park (see attached vegetation cover type maps and project site map). Table 1 provides percent cover of vegetation and land surface types of the site, based on aerial imagery. Table 2 provides the treatment methods for the target woody and herbaceous invasive species. Additional target species for treatment may be identified at the site during the project. The Contractor will follow the methods indicated in Table 2 to mechanically and chemically treat target woody invasive species in the winter 2019 and late summer through winter The Contractor will apply three rounds of foliar herbicide (spring 2019 and 2020, summer 2019) to herbaceous plants and woody seedlings, as well as regrowth of treated woody species. Applied rates of imazapyr, triclopyr, or glyphosate (or other herbicide approved by the Land Conservancy) need to sufficiently prevent regrowth of treated species and be in accordance with the herbicide label in New York State. All cut woody plant material will be left at the site. All trees 6 DBH should be treated with drill and fill or basal bark herbicide in winter Treated trees 6 DBH within 50 feet of trails (or identified as hazardous by NYS Parks) will be directionally felled in fall This includes nearly all 6 DBH Norway maple trees at the site. The Contractor needs to develop a safety plan that is in compliance with ANSI Z133 Standards for Tree Worker Safety and OSHA Standard for Fall Protection. Personnel from the Land Conservancy will be available prior to the start of work to go over the project boundaries in the field. Project Term Start January 2019 End June 2020 Site Access There is no vehicle access to the site; all site access into the gorge will be on foot from the Whirlpool Rapids Trail Staircase. Ample parking is available at the top of the trail along the decommissioned portion of the Robert Moses/Niagara Scenic Parkway (see the attached project site map). Supplies, Equipment, and Methodology All requirements/expectations apply for the Contract and any sub-contractors hired by the Contractor. All supplies, materials, and equipment required to perform this task shall be provided by the Contractor and must be properly calibrated, in good working condition, and used in accordance

4 with all laws and regulations. Any expenses for supplies, transportation and disposal of materials, and travel should be included in the submitted cost proposal. The Contractor shall be responsible for the purchase, transport, and use of the herbicides for the project in compliance with all applicable laws and regulations. This shall include, but is not limited to the quantity, dosage, rate, and location of its application. The application dosage must be in accordance with the herbicide label in New York State. The addition of a high quality nonionic surfactant or adjuvant is required to enhance the herbicide activity. A water-soluble tracer dye shall be used in the tank and is necessary to ensure all plants have been treated. The Contractor shall properly secure all supplies, materials, and equipment, including herbicides, from tampering or theft while they are on site. The Contractor shall properly remove any herbicide that was not used for the project. All equipment coming to the site must be free of mud, dirt, or plant material to prevent the introduction of plant species to the site. Due to the presence of non-native and invasive species at the project site, all equipment should be cleaned on site before moving to another site. The Contractor shall post notices on site as applicable under current rules and regulations, and set up trail closure signs and barricades as required and approved of by NYS Parks, prior to commencing work. Depending on work locations, trails above, trails below, or both may need to be closed and could require the use of a spotter at both locations. The Contractor shall clean and restore each work site and ingress/egress road corridors to original shape and condition upon completion of each treatment event. The Contractor shall develop a site-specific safety plan and rescue plan that is in compliance with ANSI Z133 Standard for Tree Worker Safety and OSHA Standard for Fall Protection and high angle rope usage. All equipment used to protect employees from a fall must meet ANSI or EN and NFPA standards for rope suspension work, including but not limited to; use of personal protective equipment such as safety fall arrest harnesses, lanyards, lifelines and all anchor points must be able to withstand a 5000 Pound load rating as per OSHA subpart M in the Standard Number At least one documented Fall Protection Competent Person must be on site at all times when rope access work is underway. All methods of work and safety procedures are subject to review by NYS Parks and the Land Conservancy prior to beginning work. The Contractor shall apply for a work permit from NYS Parks regional office prior to beginning work. All equipment, materials, and supplies, including herbicides, used for the treatment of invasive species must be approved by the Land Conservancy prior to use.

5 Selection Criteria The Land Conservancy has rigorous and strict criteria and requirements for potential vendors. Proposals will be evaluated and scored by a procurement committee based on the criteria listed below. Proposals receiving a score below 50 points will not be considered. Experience & Qualifications (65 points) The Contractor must be a certified commercial pesticide applicator in New York State pursuant to Part 325 of Title 6 of New York Code of Rules and Regulations (6 NYCRR Part 325) prior to the start of the Project. The Contractor must clearly demonstrate experience performing similar tasks as detailed in this RFP and demonstrate that they employ the staff with the skills and knowledge to perform these tasks. To ascertain the vendors experience and qualifications please provide the following for evaluation: (45 pts) List the number of years, number of clients/customers, annual revenue, area serviced, or some other measure of experience performing similar tasks outlined in this RFP. Responses should specifically address the Contractor s or sub-contractors experience performing the following tasks on similar projects: - Identifying species listed in all tables during growing and dormant seasons - Using cut/stump, drill and fill, and basal bark herbicides to treat woody invasive species in New York - Using foliar herbicides to safely treat small woody and herbaceous invasive species with minimal or no non-target impacts in New York - Directionally felling trees safely in a forested/wooded area - Developing safety plans to perform invasive species management in hazardous environments and in compliance with ANSI Z133 Standards for Tree Worker Safety and OSHA Standards for Fall Protection - Coordinating with NYS Parks or other government agencies to obtain work permits (5 pts) Provide a simple project management staffing chart detailing roles and responsibilities of key personnel who will be directly involved in the project. Also include details such as; experience, qualifications, certifications, NYSDEC pesticide applicators license, resumes, etc., of key personnel. (5 pts) Provide a list of proposed equipment, including relevant details about that equipment, to be used for performing the tasks outlined in this RFP. (5 pts) Provide a list of herbicides and additives to be used. (5 pts) Provide appropriate insurance documentation and justification for consideration of prevailing wages.

6 Minority or Women Owned Business (10 points) A goal for this project is to hire minority and women owned businesses (MWBEs). Vendors will be ranked by the percentage of their cost proposal that goes to a minority or women owned business. For example, a MWBE vendor performing all services would receive the full 10 points, a non-mwbe vendor who subcontracts 30% of the work to a MWBE vendor would receive 3 points, and a MWBE vendor who subcontracts 30% of the work to a non-mwbe vendor would receive 7 points. MWBE businesses must be listed in the NYS Directory of Certified Firms ( and clearly demonstrate they are qualified and responsible vendors who possess the potential ability to perform successfully under the terms and conditions of this RFP. Cost Analysis (20 points) Cost benefit analysis will be used to evaluate all proposals to assure the Land Conservancy pays a fair and reasonable price for services provided based on the quantity and quality of those services. Quality of Proposal (5 points) Overall quality of the proposal, including completeness and clarity, will be evaluated.

7 Request for Proposal Submission Process There is no pre-bid meeting for this RFP. Describe your experience and qualifications per the Selection Criteria to perform the tasks detailed in this RFP that demonstrate you are a responsible vendor who possesses the ability to perform successfully under the terms and conditions of this RFP. Attach documents and materials as needed (20-page limit). In addition to written statements, experience can be documented by providing a list of professional references or past clients with contact information. State if you are a registered MWBE vendor in New York State, and/or the names and addresses of registered MWBE vendors in New York that will be subcontracted. Complete the Request for Proposal Submission Page and return it with the other proposal materials. Please complete and submit the materials requested for submission in electronic or hard copy, with additional materials as needed, no later than 5:00 pm (ET) January 3, 2018, to: Graham Tuttle Conservation Project Manager Western New York Land Conservancy 169 Elk Street, Number 12 Buffalo, NY grahamt@wnylc.org All proposals must be received by this date/time. Any proposal received later will not be considered. All questions regarding this RFP must be submitted in writing ( or hard copy) to the above contact information. Relevant questions and any answers may be distributed, as deemed appropriate by the Land Conservancy, as an addendum to this RFP to create a fair, competitive, and transparent procurement process. The most updated version of this RFP will be posted at The Land Conservancy reserves the right to reject all bids.

8 Non-Discrimination and Equal Employment Opportunity & MWBE Participation (MWBE) Policy The selected contractor and any sub-contractor will be expected to comply with this policy: (a) (b) (c) (d) (e) This organization will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. This organization shall state in all solicitation or advertisements for employees that in the performance of the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization s obligations herein. At the request of the ESD, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization s obligations herein. Organization shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. The organization and its sub-vendors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to nondiscrimination on the basis of prior criminal conviction and prior arrest. This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the MWBE contract participation goals set by the State for that area in which the State-funded project is located.

9 Requests for Proposal Submission Page Proposed Costs: Task Cost Brush and herbicide shrubs/small trees: Drill and fill herbicide trees 6 DBH: Basal bark herbicide trees 6 DBH: Follow-up foliar herbicide application: Herbicide woody regrowth (3 applications): Herbicide herbaceous species (3 applications): Directionally fell select trees 6 DBH: Train staff and obtain permitting: Other expenses, specify: Prevailing Wages Applied Yes No Percent (%) & Amount ($) going to an MWBE vendor: Are your employees legally entitled to work in the US (circle one)? YES NO N/A As a vendor, are you authorized to do business in New York State (circle one)? YES NO N/A Are you or any of the principals or officers of your business been debarred or found to be a nonresponsible bidder in New York or any other state (circle one)? YES NO N/A Business Name & Address: Signature of Contractor/Vendor Representative Date The Land Conservancy will sign and return this Request for Proposal page if the proposal is accepted. Signature of Land Conservancy Representative Date

10 Table 1 - Vegetation Cover Types Within the Project Area Cover Type Percent of Area Target Invasive Species Honeysuckle/Buckthorn 6.7 Norway Maple 3.0 Tree of heaven ~3.0 Non-target Native Species Trees/Shrubs 29.6 Impervious/Bareland 21.8 Oak/Hickory 14.8 Water 8.9 Grass 7.5 Cherry 2.7 Birch 2.6 Red Maple/Silver Maple/Boxelder 1.4 Basswood 0.9 Evergreen 0.2

11 Target Invasive Species Scientific Name Table 2 - Target Invasive Species and Treatment Common Name Cut/Stump Herbicide Treatment Method Drill & Fill Herbicide Basal Bark Herbicide Foliar Herbicide Acer platanoides Norway maple x x x Ailanthus altissima Tree of Heaven x x x x Alliaria petiolata Garlic mustard x Alnus glutinosa European black alder x x Artimesia vulgaris Common mugwort x Berberis thunbergii Japanese barberry x x Cirsium arvense Canada thistle x Cirsium vulgare Bull thistle x Celastrus orbiculatus Oriental bittersweet x x Echium vulgare Viper s bugloss x Elaeagnus umbellata Autumn olive x x Hedera helix English ivy x x Hesperis matronalis Dame s rocket x Ligustrum vulgare European privet x x Lonicera morrowii Lonicera tatarica Morrow s honeysuckle Tartarian honeysuckle x x x x Hand Wick Herbicide Lythrum salicaria Purple loosestrife x x Phragmites australis Common reed x x x Rhamnus cathartica Common buckthorn x x Rhamnus frangula Glossy buckthorn x x Robinia pseudoacacia Black locust x x x x Rosa multiflora Multiflora rose x x Solanum dulcamara Woody nightshade x

12 Vegetation Cover Map - North 45 acres along gorge talus slope

13 Vegetation Cover Map - South 45 acres along gorge talus slope

14 Project Site Map N 45-acre site along the talus slopes of Niagara Gorge in Whirlpool and Devil s Hole State Parks (white outline)