02 - Updated Statement of Work_01-26-2022.pdf

STATEMENT OF WORK

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES

BUREAU OF FORESTRY

DIVISION OF FOREST HEALTH

2022 LYMANTRIA DISPAR SUPPRESSION PROJECT

Project FPM 22-02 (Fixed Wing-Btk)

Table of Contents

A. SCOPE OF WORK:

B. GENERAL STIPULATIONS:

1. SCOPE OF CONTRACT

2. APPLICATION PERIOD AND STARTING DATE

3. AIRCRAFT RECALL

4. EXPERIMENTAL SPRAYING

5. DELETING ACREAGE

C. PRE-BID CONFERENCE:

D. CONTRACTOR QUALIFICATIONS:

E. PROJECT SPECIFICATIONS:

F. OBLIGATIONS OF THE CONTRACTOR:

1. GENERAL

2. FAA WAIVER FOR CONGESTED AREAS

3. SPRAY MATERIALS

4. LOADING ZONES OR AIRFIELDS

5. MAINTENANCE

6. SECURITY

7. FIELD EXPENSES AND TRANSPORTATION

8. SPILL CLEANUP EXPENSES

9. SAFETY PLAN

10. ATTENDING POST-SPRAY MEETING

G. DEPARTMENT PERSONNEL:

1. PROGRAM SUPERVISOR

2. PROJECT FIELD OPERATIONS SUPERVISOR/AIR OPERATIONS MANAGER

3. FIELD PROJECT COORDINATORS

4. RADIO TECHNICIAN

5. AIRCRAFT DISPATCHER

6. DISTRICT PROJECT LEADER (DPL) / DISTRICT FOREST HEALTH COORDINATOR

7. MONITORING CREW

8. DGPS GUIDANCE SYSTEM OFFICER

9. SAFETY OFFICER

H. CONTRACTOR PERSONNEL:

1. PROJECT SUPERVISOR

2. GROUND-SUPPORT PERSONNEL

3. PILOTS

4. OBSERVATION AIRCRAFT PILOT/NAVIGATOR

I. OBLIGATIONS OF THE DEPARTMENT:

1. PRE-WORK BRIEFING

2. PRE-SPRAY MEETING

3. POST-SPRAY MEETING

4. EVALUATION AND PLANNING

5. MAPS

6. GIS FILES

7. DAILY AIRCRAFT RECORD (DAR)

8. WAIVERS FOR SPECIAL USE AIRSPACE (RESTRICTED AND PROHIBITED AREAS)

9. THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

J. INSECTICIDES:

1. PURCHASING, STORAGE, AND TRANSPORTATION

2. ADDITIONAL ACREAGE

3. LABELS AND SAFETY DATA SHEET (SDS)

4. INSECTICIDES

5. ACCEPTABLE BTK FORMULATIONS

6. CONTAINER DISPOSAL

7. APPLICATIONS/RATES/SPRAY VOLUME

8. OPERATIONS

K. APPLICATION SPECIFICATIONS, CONDITIONS, AND RESTRICTIONS:

1. SAFETY

2. LOGISTICS

3. WEATHER RESTRICTIONS

4. ACCURACY

5. RECONNAISSANCE

6. FERRY FLIGHTS

7. SPRAY TIME POLICY

8. TIME-OF-SPRAY RESTRICTIONS

10. EVENING SPRAYING

11. AIRSPEED

12. APPLICATION ALTITUDE

13. TURNS

L. AIRCRAFT:

1. GENERAL SPECIFICATIONS AND OPERATIONAL LIMITATIONS

2. OBSERVATION AIRCRAFT

3. AIRCRAFT CATEGORIES

4. AIRCRAFT SPRAY SYSTEM

5. ELECTRONIC RADIO, DGPS, AND TELEPHONE EQUIPMENT

6. NAVIGATIONAL AIDS

7. AUTOMATED FLIGHT FOLLOWING

M. GROUND-SUPPORT EQUIPMENT:

1. INSPECTION

2. ACCESSORY EQUIPMENT

3. EQUIPMENT CLEANING

4. FIELD TRUCKS

5. TANK FARM

6. FUEL TRUCKS

7. TANKS

8. PUMPS

9. METERS

N. PERFORMANCE SECURITY:

O. DCNR STANDARD BOND FORM:

P. INSURANCE REQUIREMENTS:

Q. AGREED LIQUIDATED DAMAGES FOR FAILURE TO PERFORM:

1. INTRODUCTION

2. LATE ARRIVAL

3. TARDINESS

4. DELAYS

5. LOADING ZONES

6. IMPROPER APPLICATION

7. OTHER SPRAYING

8. INSECTICIDE LOSSES, SPILLS, AND DUMPS

9. POOR PILOT PERFORMANCE

10. AIRCRAFT MALFUNCTION

11. DGPS DATA

R. CONTRACT TERM:

S. PAYMENT:

T. INVOICES:

U. CONTRACTOR REFERENCES:

V. BID AWARD:

W. AWARDING OF CONTRACT:

X. POST-AWARD OF CONTRACT:

Y. RECEIPT AND OPENING OF BIDS:……………………………………………………………………………………………46

Z. BID RESULTS:…………………………………………………………………………………………………………………………..46

A. SCOPE OF WORK:

The Department of Conservation and Natural Resources, Bureau of Forestry, Division of Forest Health requires the services of a contractor for the aerial application of insecticides over certain populated and non-populated forested areas in the Commonwealth of Pennsylvania to prevent defoliation of high-value trees by Lymantria dispar on approximately 26,992 acres.

Project FPM 22-02 (Fixed Wing-Btk) for approximately 26,992 (± 15%) acres in 75 spray blocks (estimated) in 2022. Treatment areas consist of DCNR State Forests. Reference E. Project Specifications for additional information.

The contractor’s per acre price must be inclusive of all costs for insecticides and other materials and services required for the Contractor to fulfill the requirements of this Statement of Work. The awarded Contractor(s) will be compensated at its bid price per acre only. No additional charges will be permitted.

Questions regarding the technical aspects of this bid should be directed Donald Eggen, PhD, at

717.514.6714 or deggen@pa.gov. Questions regarding the bidding or contracting procedures should be directed to Lynda Cashner at 717.783.4884 or lcashner@pa.gov.

B. GENERAL STIPULATIONS:

1. SCOPE OF CONTRACT - It is the purpose and intent of this document to provide specifications for aircraft, insecticide, equipment, application, and other operational requirements necessary for a properly prepared and executed Agreement and for securing properly certificated and approved aircraft, dispersal systems, insecticides, service facilities, qualified ground personnel, and FAA certificated and qualified pilots capable of making a proper aerial application of insecticide and performing necessary related functions.

2. APPLICATION PERIOD AND STARTING DATE - The application period begins on the date when the Contractor is required to report on site and continues until the final acceptable application is made. It is our objective to get all applications applied consistent with program requirements and restraints in as short a period of time as possible. Weather conditions that influence insect and tree foliage development will determine the specific starting date of the application period in each project. Estimated starting dates, based upon previous experience, are given in Section E. Each project is to be completed within 10 to 28 days depending upon weather and leaf and insect development. It is possible that the starting date could start a minimum of 15 days earlier or later than estimated in Section E. Five (5) days advance notice will be given to the Contractor of the date on which to report. The reporting date may be adjusted by mutual agreement due to inclement weather or other reasons beyond the control of either party.

The Department reserves the right to start all the aircraft required in a project on the same date or to separate the starting dates for particular aircraft by several days and reserves the right to suspend operations based on differences in insect development or phenology.

3. AIRCRAFT RECALL - The Contractor is required to keep one aircraft, an approved pilot, ground-support equipment, and crew on recall status for a period of ten workdays (Monday through Friday, excluding holidays) after the final spray block in the project is completed. This aircraft will be recalled on 48 hours’ notice to treat any approved areas that were deleted by the Department from the project but then experienced an unexpected outbreak, or to treat any areas that were missed, or to retreat areas because of faulty application, wash-off, or inadequate insecticide effectiveness. The Contractor will not be compensated for any recall spraying or re-spraying that result from misses or faulty application in excess of two (2) percent of the total contracted acreage.

4. EXPERIMENTAL SPRAYING - The Department may request a successful bidder to conduct a small amount of experimental spraying. This would be done to gain knowledge and experience with new insecticides, formulations, equipment, and/or technology to evaluate their operational potential. In such cases, equitable compensation would be negotiated if extra work or expense is involved.

5. DELETING ACREAGE - If insect population levels, because of unforeseen biological or environmental conditions, do not warrant treatment, the Department may delete acreage as stated in the Contract. If this reduction in acreage should exceed 15 percent of the acreage stated in the fully executed Contract, the Contractor will be compensated at the rate of 25 percent of the accepted bid price for the acres so deleted in excess of 15 percent and for any associated documented direct costs which are in excess of 25 percent of the accepted bid price.

However, in no case will the Contractor be compensated in excess of the accepted bid price for any acreage so deleted.

C. PRE-BID CONFERENCE:

A virtual, mandatory pre-bid conference will be held on January 19, 2022, from 1:00 pm to 3:00 pm.

Staff will present the suppression program objectives, information on products to be used, and technology interface requirements, as well as the mechanical and support aspects, including safety and security requirements needed for the successful development and conclusion of the program.

Bidders or their designees must register for the meeting no later than 3:00 pm on Monday, January 17 2022, by contacting Mark Faulkenberry at 717.514.6711 or by email at mfaulkenbe@pa.gov.

Instructions for the virtual meeting will be emailed to each registrant.

D. CONTRACTOR QUALIFICATIONS:

1. This invitation for bid (IFB) is reserved for the Small Business Procurement Initiative as designated in Executive Order 211-09 dated November 21, 2011. Only Self Certified Small Businesses which have been certified by the Department of General Services prior to the bid opening date and time may submit a response to this IFB.

Your self-certification form from the Department of General Services must be submitted along with your IFB response. Failure to produce a valid Self Certified Small Business certificate (which must be dated prior to the opening date of this IFB) will render your submission non-responsive.

For more information on the Department of General Services Small Business Self Certification process please visit: www.smallbusiness.pa.gov.

2. To bid on this contract, a contractor must have the aircraft, equipment, pilots, employees, and mechanics for the make and type of equipment indicated in these specifications.

3. Pesticide Application Business License - The Contractor must show proof of a valid Pesticide Application Business License issued by the Pennsylvania Department of Agriculture (PADA) in the category appropriate for ground spraying of forests. The current, valid certificate must be submitted with the contractor’s Invitation for Bid.

4. Contractor must maintain a principal base of operations. Further, the Contractor may also, at their discretion, operate a main operation base and a main maintenance base pursuant to part 119.47 of Title 14 of the Code of Federal Regulations (CFR).

5. The Contractor must conduct operations specified herein under the applicable section of the Federal Aviation Regulations (FAR) to include, but not limited to, 14 CFR Part 137 and 14 CFR Part 137.19 (c) (d) (e).

E. PROJECT SPECIFICATIONS:

PROJECT NUMBER FPM 22-02 (Fixed Wing-Btk)

1. Counties Involved: Adams, Centre, Clinton, Cumberland, Forest, Franklin, Huntingdon, Jefferson, Lycoming, Mifflin, Pike, Potter, Union, and Warren

2. Type of Areas to Be Treated: DCNR State Forests

3. Total Acres: approximately 26,992 acres (estimated)

4. Number of Spray Blocks: 75 blocks (estimated)

5. Estimated Spray Dates: May 1-31, 2022, dependent on weather and larval/foliage development

6. Estimated Completion Time: One (1) to four (4) weeks

7. Required Fixed Wing Aircraft: (see Section L.3 for aircraft classes) Aircraft type and numbers can be discussed at the mandatory pre-bid meeting on January 11, 2022.

Estimated Need: Two (2) fixed wing aircraft from Category A; or one (1) fixed wing aircraft from Category A and one (1) fixed wing aircraft from Category B; or two (2) fixed wing aircraft from Category B.

This Project may require the need for support equipment and ground crew personnel to work simultaneously from multiple airports/loading zones on a daily basis (See Section M.2).

8. Insecticides: Bacillus thuringiensis subspecies kurstaki Foray 76B, 38 CLU per acre, undiluted, spray volume of ½ gallon per acre

9. Adjuvants: none

10. Contact: Air Operations Manager, Scott A. Stitzer

717.783.2066 – Main Office

717.536.3484 – Direct

717.514.6706 – Cell sstitzer@pa.gov

11. Loading Zones and/or Airfields: See Section F.5 and Section M for details on deadlines and equipment/personnel requirements.

12. Detailed GIS maps available upon request from the Air Operations Manager.

F. OBLIGATIONS OF THE CONTRACTOR:

1. GENERAL - The Contractor is obligated to furnish spray aircraft, support equipment, personnel, and insecticide necessary to produce an insecticide application in accordance with the Invitation for Bid, Contract Specifications, and the Contract. Other sections in these Contract Specifications give more specific information on the aircraft, equipment, insecticide, and personnel required. The Contractor maintains responsibility for an entire project even if another company or sub-contractor is providing part of the equipment and personnel.

2. FAA WAIVER FOR CONGESTED AREAS - The Contractor is responsible for reviewing all spray block maps and for identifying congested areas that would require an FAA waiver in order to conduct low-level flights over them. The Contractor is responsible for filing the required plan and documentation with the appropriate FAA Flight Safety District Office for congested areas so identified, for obtaining the necessary waiver(s), and for providing proof of such to the Air Operations Manager two weeks prior to the start of the project. Each aircraft must have a copy of the Congested Area Plan for the Project during operations.

3. SPRAY MATERIALS - The Contractor is responsible for the purchase of the insecticide used in these projects unless otherwise specified in Section E. Specific details on insecticides are given in Section J. The Contractor will not be compensated for any Contractor-supplied insecticide which is lost, spilled, dumped, or otherwise made unavailable.

4. LOADING ZONES OR AIRFIELDS - The selection of suitable helispots and/or airfields for use as loading zones is the sole responsibility of the Contractor. Use of the sites must not present problems from a legal aspect, and permission to use the site must be obtained by the Contractor.

The Contractor must locate and secure permission for all Loading Zones (helispots and/or airfields) prior to the start of the project and be prepared to provide evidence of such permission to the Air Operations Manager. DCNR Bureau of Forestry personnel will assist in locating usable loading zones (LZ) with the Contractor during a visit to the project area no less than one month prior to the start date.

The Contractor must notify the Air Operations Manager prior to April 1, of the loading zones selected for use. This notification must be in the form of a Geographical Information System (GIS) point shapefile and include data fields containing the LZ location (Latitude / Longitude in decimal degree format), the name, address, and phone number of the landowner or airfield manager. A blank point shapefile will be provided by the Bureau of Forestry to the contractor. In addition, the Contractor(s) must obtain a signed attestation that permission has been granted by the landowner or airfield manager and that the area will be suitable and accessible for use at the time spraying operations are conducted. Enough suitable loading zones must be secured prior to April 1, so that locating additional or alternative sites is not necessary during the spray application period. The contractor must follow-up on its contact with the landowner two weeks prior to the anticipated start of operations to ensure that the property is still available for use. The contractor must supply a GIS point shapefile for all landing zones to the Air Operations Manager.

5. MAINTENANCE - The Contractor must maintain a readily available on-site inventory of commonly needed spare parts and spare equipment including, but not limited to, pumps, pump seals, and rotary atomizers to maintain the spray system, the aircraft and its electronic guidance and tracking system, the pumping system, the support trucks, and the storage tanks and to provide for immediate replacement of critically needed parts and equipment. Scheduled maintenance must be conducted only at times that will not interfere with the spray operation.

Non-scheduled maintenance may be conducted but not to interfere with spray operations for longer than a period of one hour. Only emergency repairs are permitted during scheduled spray hours. Care must be taken to prevent leakage of spray material at all times and a proper spill containment plan must be included in the Contractor’s Safety Plan (see Section F.10).

6. SECURITY - The Contractor must abide by any current regulations issued by the FAA with regard to aircraft and insecticide safeguarding and security, as well as any rules and/or recommendations that are issued by state agencies, the Environmental Protection Agency, the USDA Forest Service, the Department of Homeland Security or any other responsible agency. At a minimum, the Contractor must provide the following:

a. Chain-of-custody documentation (and/or shipping manifest) from the point of manufacture to delivery to the Contractor for the insecticide utilized.

b. All spray aircraft must be disabled when not in use so that they cannot be started by anyone other than authorized personnel.

c. All insecticide holding containers, hoppers, mix tanks, pumps, hoses, and similar equipment must be flushed prior to the start of operations and must have all possible points of entry sealed and secured when not in use.

d. All spray aircraft and any associated insecticide and insecticide-handling equipment must be attended or guarded at all times, unless located at a restricted access secure airfield or if a waiver for the contract year is issued by the Department.

Contractor will supply security personnel during off duty hours if needed.

e. Access to the insecticide loading and storage areas must be restricted to authorized personnel of the Contractor and the Department.

7. FIELD EXPENSES AND TRANSPORTATION - Costs incurred in the operation and maintenance of all contractor equipment are the responsibility of the Contractor. Expenses incurred by all Contractor personnel including arrangements for food, lodging, and transportation are the responsibility of the Contractor. The Contractor is responsible for providing a means of ground transportation for Contractor personnel.

8. SPILL CLEANUP EXPENSES - The Contractor is responsible for all cleanup activity and costs resulting from any contamination caused by the accidental or intentional spilling, leakage, or dumping of insecticide, fuel, oil, or any other contaminant from Contractor-supplied equipment.

9. SAFETY PLAN - The Contractor is required to conduct all operations in a safe manner and to have a well-defined, written safety plan. The Contractor must provide essential safety equipment including, but not limited to, properly sized and coded fire extinguishers and spill-containment materials and supplies. All Contractor and DCNR Bureau of Forestry personnel must be briefed by the Contractor in their use.

Two (2) weeks prior to the start of the project, the Contractor must supply the Air Operations Manager with a copy of the Contractor's safety plan. This plan must explain how the Contractor will meet the security requirements specified in Section F.7. The safety plan must also contain a written narrative explaining how the Contractor will deal with a major (100+ gallons) fuel or insecticide spill at the loading zone and a major dump of insecticide in a residential spray block.

The Contractor is also required to abide by all provisions of the Department's Work, Safety and Security Plans. These documents will be available at the Pre-Bid meeting in January (see Section C) or can be obtained by contacting the Division of Forest Health (see Section G).

In the event of a serious safety issue or incident during spray operations, a “stand-down” of spray operations will be required to review the issue or incident before spray operations resume.

10. ATTENDING POST-SPRAY MEETING - The Contractor is required to attend a post-spray meeting to review the spray program as described in Section I.3.

G. DEPARTMENT PERSONNEL:

The DCNR Bureau of Forestry will furnish personnel to supervise and direct the aerial and spray operations in the following capacities:

1. PROGRAM SUPERVISOR - The Program Services & Support Section Supervisor, together with the Project Field Operations Supervisor, oversee the overall operation of the suppression program. The Program Services & Support Supervisor is responsible for developing all Air, Safety, and Security Plans, liaison activities with the USDA Forest Service (necessary documentation, reports), and fills many of the “in-office” roles for the program.

Mark Faulkenberry, Ph.D.

717.514.6711 mfaulkenbe@pa.gov

2. PROJECT FIELD OPERATIONS SUPERVISOR/AIR OPERATIONS MANAGER - The Field

Operations Supervisor functions as the Air Operations Manager of the program and is responsible for overseeing and supervising all air and field operations during the program, specifying and approving spray systems, troubleshooting problems with mix and spray systems, monitoring calibration and characterization procedures, analyzing quality control checks, enforcing safety requirements.

Scott A. Stitzer

717.783.2066 – Main Office

717.536.3484 – Direct

717.514.6706 – Cell sstitzer@pa.gov

3. FIELD PROJECT COORDINATORS - These persons are Forest Health Program Specialists in the Division of Forest Health who serve as the Bureau of Forestry’s field liaison with the Contractor Project Supervisor and are responsible for verifying calibration of all spray aircraft prior to and during the spray program, making daily aircraft assignments, verifying acceptable spraying conditions, conducting quality control checks on the aircraft and application and, when necessary, oversees the corrections made to aircraft spray apparatus or the GPS Tracking and Guidance System by the contractor personnel. In addition, these individuals direct daily assignments of treatment area Monitoring Crews through communication with a Forest District Program Leader and monitor adherence to all safety precautions throughout the project.

Sharon Coons 717.514.6704 scoons@pa.gov

Sarah Johnson 717.514.6701 sarajohnso@pa.gov

Timothy Tomon 717.514.6707 ttomon@pa.gov

Kendra McMillin 717.514.6709 kmcmillin@pa.gov

4. RADIO TECHNICIAN - This person is responsible for checking the Contractor's compliance with contract-specified radio-related equipment, installing Bureau of Forestry radio units in the spray aircraft if needed, and evaluating the performance of those units.

Timothy Price 717.514.6710 tiprice@pa.gov

5. AIRCRAFT DISPATCHER - This person is responsible for directing the operation of one or more aircraft from a loading zone. He/she briefs the pilot on the spray block manifest and on any special conditions such as objector locations. The aircraft dispatcher coordinates the movement of treatment area Monitoring Crews and acts as record keeper. In addition, these individuals are responsible for monitoring the mixing and loading of the insecticides, maintain records for the amount of chemical mixed, aircraft loaded (kind and identification number), time of aircraft take-off, time of aircraft return, and the block number(s) treated. The mixing and loading records will be submitted at the end of each treatment day to the Project Field Operations Supervisor. Mixing and loading will be done at one location for each operations site.

He/she also provides daily reports of the operation to the Field Project Coordinator and the Project Field Operations Supervisor/Air Operations Manager.

6. DISTRICT PROJECT LEADER (DPL) / DISTRICT FOREST HEALTH COORDINATOR - These individuals serve as the crew leaders for Monitoring Crews within specified Forest Districts or pre-determined counties. Their primary responsibility is to assign Monitoring Crews to scheduled treatment areas for a given day or spray session and to ensure those Monitoring Crews have the appropriate equipment and documentation to record weather readings and spray deposition. DPL’s are responsible to ensure the requested number of Monitoring Crews are available for all spray sessions that are determined by the Field Project Coordinator or his/her designee.

7. MONITORING CREW - A monitoring crew consists of one or two persons equipped with a radio capable of communicating with the Aircraft Dispatcher and the spray aircraft pilot. The number of crews assigned to an aircraft is dependent upon the size of the aircraft and the scope of the project. These personnel serve as roving crews during spray operations and are responsible for monitoring and recording spray weather as well as collecting larval and foliage development information in assigned treatment areas. In addition, these crews serve a critical role to advise the spray pilot of changing conditions in the treatment area and to notify the pilot of increased public activity including, but not limited to, school children assembling for bus pickup and the presence of Unmanned Aerial System (UAS) aircraft.

8. DGPS GUIDANCE SYSTEM OFFICER - These persons are DCNR Bureau of Forestry specialists who serve as field liaisons with the Contractor and are responsible for organizing and reviewing digital post-treatment files from the treatment aircraft. Following treatment file review, these individuals may provide input to the Field Project Coordinator for possible adjustments in order to improve insecticide coverage to the treatment area.

9. SAFETY OFFICER - The Safety Officer will assist the Contractors’ Project Supervisors, Project Field Operations Supervisor, Field Project Coordinators, and the Program Supervisor regarding safety provisions in the spray contract; and also make sure that the contractor and the state personnel are following all pertinent aviation and ground personnel safety guidelines. They investigate any misuse or misapplication of an insecticide, aircraft incidents or accidents, or any insecticide spill. The Safety Officer will conduct or assist in conducting safety briefings throughout the program.

H. CONTRACTOR PERSONNEL:

1. PROJECT SUPERVISOR - The Contractor must designate one of its personnel to serve as the on-site project supervisor and to represent the company in all contractual matters that require prompt attention. The Project Supervisor must be knowledgeable of all aspects of this Statement of Work and Contract. This person must be familiar with all equipment being used and, as necessary, must be certified or registered as required by the Commonwealth of Pennsylvania Pesticide Control Act and the rules and regulations of the Department. If the project involves the use of no more than one loading zone at any given time, a spray pilot, observation pilot, or ground-support person may serve as the project supervisor. If the project involves the simultaneous use of two or more loading zones, the project supervisor must not be assigned to regularly fly an aircraft or serve as ground support for any aircraft. The project supervisor may, if qualified, be used as an alternate spray pilot if the regular pilot is debilitated or otherwise unavailable.

2. GROUND-SUPPORT PERSONNEL - The Contractor must supply sufficient numbers of properly trained and qualified ground-support personnel to drive all necessary support vehicles, handle insecticides, operate and maintain the equipment used to transfer insecticides, and properly fuel, service, and maintain each aircraft. All ground-support personnel must be familiar with the aircraft's spray system and knowledgeable of calibration techniques. All personnel provided by the Contractor must be experienced and fully trained in their duties and be fully proficient in English. All ground personnel involved with the handling of insecticide must be supervised, certified, or registered as required by the Department.

All ground-support personnel must be equipped and trained to take proper action in an emergency. These people must observe all safety precautions in handling the insecticides and in refueling the aircraft. The Contractor is required to replace any ground-support person who, in the opinion of the Department does not demonstrate the knowledge and capability to perform his/her duties.

3. PILOTS

a. FAA QUALIFICATIONS - The Contractor must provide pilots that are FAA qualified to operate the aircraft specified in the bid. Each spray pilot, whether in a primary or backup role, must be qualified under FAR Part 137. Proof of qualification must be provided with bid submission.

b. PILOT LIST - The Contractor must provide the Project Field Operations

Supervisor (Sharon Coons) with a list of all pilots including alternate spray pilots slated for use on the project as designated in Section W.2.c. Each spray pilot slated for use on the project, whether in a primary or backup role, must complete an Application for Spray Aircraft Pilot Approval Form for review and approval by the Department as indicated in Section W.2.a. The form will be reviewed and approved/disapproved by the bureau’s Aircraft Operations and Safety Specialist.

c. PESTICIDE APPLICATOR CERTIFICATION - Each spray pilot must be certified in the appropriate category by the Department for the type of spraying being done. In the event any pilot does not hold a current applicator license issued by the Pennsylvania Department of Agriculture, it must be obtained within 10 days after notification of award of contract.

d. DGPS - Each pilot must demonstrate proficiency in the operation of the aircraft's

DGPS guidance system (See Section L.6.a.4)).

e. EXPERIENCE - Each spray pilot must meet or exceed the following experience minimums as pilot in command:

1) All aircraft ..................................................................................... 2,000 hours

2) Aerial Application/Agriculture flight time .................................... 1,000 hours

3) Night flying ...................................................................................... 100 hours

4) Cross Country .................................................................................. 500 hours

5) Type (rotary/fixed) to be flown in project ...................................... 200 hours

6) Category and Class to be flown on project ..................................... 200 hours

7) Make, model, and series to be flown on project .............................. 50 hours

8) Forest pesticide application in designated mountainous terrain .. 100 hours

f. CONTROLLED SUBSTANCE USE - Any pilot observed by the Department using or in possession of any nonprescription, controlled substance such as, but not limited to, marijuana, hashish, cocaine, heroin, and/or amphetamines will be immediately dismissed from the project. Such findings will be reported to the appropriate law enforcement agency and the FAA for action.

g. ALCOHOL CONSUMPTION - A pilot may not consume alcohol or a nonprescription medication containing alcohol within 8 hours of scheduled flight time.

Any pilot observed by the Department consuming alcohol or exhibiting symptoms of alcohol intoxication or impairment or any other intoxication or impairment will not be authorized for flight for 24 hours. A second occurrence will result in dismissal from the project.

h. THE DEPARTMENT’S RIGHT TO REJECT - The Department reserves the right to reject the Contractor's use of any pilot who, in the Department’s opinion, has performed unsatisfactorily in previous operations whether in the Commonwealth of Pennsylvania or elsewhere. The Department reserves the right to permanently reject any pilot who, in the Department’s opinion, violates these Contract Specifications, is unsafe, or otherwise performs unsatisfactorily.

i. PILOT RESPONSIBILITY - The spray pilot is responsible for the accurate and proper application of the insecticide spray to the designated site using good application delivery procedures as generally recognized as correct by professionals in the aerial application industry.

The pilot is responsible for being able to proficiently operate all of the aircraft's electronic equipment including, but not limited to, radios, GPS guidance system.

The pilot is responsible at all times for the safe operation of the aircraft. The Department will not require flying in fog, dense smoke, or under any other adverse conditions which a prudent pilot would avoid nor is the pilot required to operate from any site which the pilot considers unsafe.

The pilot is responsible for the identification and avoidance of all flight hazards in route to, from, and within the operation area. The pilot must make a reconnaissance flight over each spray block to identify and locate any such hazards or congregations of people prior to treating the block. The pilot must avoid spraying any congregation of people, including children waiting for school buses. The pilot is responsible for communicating with all appropriate air traffic control facilities within the area of operation.

The pilot is responsible for maintaining radio communication with the Department aircraft dispatcher. The pilot must contact, via radio, the aircraft dispatcher when the pilot begins spraying a block, when a block is finished, and when a spray load is finished.

Failure to maintain proper radio communications may result in the removal of the pilot from spray operations. In situations when the distance of a treatment area from the loading zone inhibits the ability for the pilot to communicate with the program supervisor, the pilot may communicate via radio with assigned Department block monitors, if applicable.

j. DUTY LIMITATIONS - Assigned duty of any kind must not exceed 14 hours in any 24-hour period. “Duty” includes flight time, ground duty of any kind, and standby. Local travel up to a maximum of 30 minutes each way between the worksite and place of lodging will not be considered duty time. Pilots will be subject to the following duty hour limitations:

1) A maximum of 14 consecutive duty hours during any assigned duty period.

2) The pilot must be given 2 calendar days of rest (off duty) within any 14 consecutive calendar days.

3) The pilot must be given a minimum of 10 consecutive hours of rest (off duty) prior to any assigned duty period.

4) The above limits notwithstanding, pilots are expected to notify the program supervisor if they become fatigued prior to reaching the duty day limit.

The Project Field Operations Supervisor or representative may waive the "consecutive" 10-hour rest period (off duty) limitation, in this section, to provide pilots two nonconsecutive off-duty rest periods, provided the accumulated rest periods equal no less than 12 hours of off duty time in any 24-hour period. One of the rest periods must include at least 8 hours of uninterrupted rest. This waiver may not be granted more than three times in any 14-duty-day cycle.

k. FLIGHT LIMITATIONS - Each pilot must report all flight time, regardless of how or where performed, except personal pleasure flying. All pilots reporting for duty may be required to submit a record of all duty and/or flight time during the previous 14 days.

This record will be used to administer flight and duty time limitations.

Flight time to and from a duty station as a pilot (commuting) will be reported and counted toward limitations. Flight time includes but is not limited to military flight time, charter, flight instruction, 14 CFR Part 61.56 flight review, flight examination by FAA designees, any flight time for which a pilot is compensated, or any other flight time of a commercial nature whether compensated or not.

Pilots will be limited to the following flight hour limitations, which must fall within their duty hour limitations:

1) A maximum of 8 hours flight time during any assigned duty period. Pilot flight hour computations will begin at lift off and end at touchdown.

2) A maximum of 42 hours flight time during any consecutive six-day period. When a pilot acquires 36 or more flight hours in a consecutive six-day period, the pilot will be given the following one calendar day off duty for rest, after which a new six-day cycle will begin.

Flights point-to-point (airport to airport, etc.) with a pilot and co-pilot will be limited to 10-flight hours per day. (An aircraft that departs from “Airport A”, and flies reconnaissance on a treatment block and then flies to “Airport B” is not point-to-point).

The Contractor must monitor and remove any personnel for fatigue or other causes before they reach their daily duty or flight limitations.

When pilots act as a mechanic, mechanic duties in excess of 2-hours will apply as flight hours on a one-to-one basis toward flight hour limitations.

Relief, additional, or substitute pilots reporting for duty under this Contract must furnish a record of all duty and all flight hours during the previous 14-days.

l. SPRAY PILOT PROTECTIVE GEAR - All spray pilots must wear the following Contractor-provided protective gear:

1) Nomex flight suit

2) Nomex gloves

3) FAA-approved helmet with headset and microphone assembly

4) Eight-inch-high leather boots

4. OBSERVATION AIRCRAFT PILOT/NAVIGATOR - If determined by the Department, the

Contractor must supply an FAA-qualified pilot to fly any required observation aircraft (see Section K.5 and Section L.2) for assisting spray pilots as specified in Section K.5 and Section K.6.

If the observation aircraft pilot is not proficient in DGPS operation, is not able to read and navigate from USGS 7.5-minute quadrangle topographic maps, aerial photos, or other images used, or is inexperienced in providing reconnaissance or orientation, then the Contractor must provide an additional person who is so qualified to serve as navigator in the observation aircraft.

The observation aircraft pilot and, if needed, navigator must aerially preview in detail any and all spray blocks scheduled for treatment so that they will be prepared on the day of spraying to readily assist the spray aircraft pilot with reconnaissance and orientation.

I. OBLIGATIONS OF THE DEPARTMENT:

1. PRE-WORK BRIEFING - The Division of Forest Health will conduct a pre-work briefing for all Contractors by April 1 of the current project year. All Contractors will be required to present their report on personnel and equipment as detailed in Section W. The briefing will include the Project Supervisor, the Contractors' and subcontractors' representatives, the Project Field Operations Supervisor, the Program Supervisor, the Safety Officer, Field Project Coordinators, and any other invited persons to discuss, among other things, contract specifications, project deadlines, and program safety and security. Participation at this meeting is mandatory for all Contractors and subcontractors working on the project.

2. PRE-SPRAY MEETING - At a time, date and location agreeable to all parties, no later than two days prior to the scheduled start of aerial operations, the Project Field Operations Supervisor, the Contractor, or any representatives designated therein will meet and discuss the aerial operations and application program. Topics for discussion will include, but are not limited to, logistics for aerial application and observation aircraft (if needed); assigning treatment blocks to application aircraft; assigning observation aircraft to application aircraft (if needed); the handling, mixing and application of the insecticides; aircraft capabilities; final selection of loading zones, safety precautions, etc. The Contractor(s) must require all pilots that will be used on this project to attend the pre-spray meeting.

3. POST-SPRAY MEETING - At a date, time, and location agreeable to all parties, no later than two weeks after the last day of spraying, representatives of the DCNR Bureau of Forestry and Contractor(s) will meet and review the aerial operations and application program.

4. EVALUATION AND PLANNING - Pilots are required to attend evaluation and planning meetings following each treatment session to review and evaluate the previous treatments.

Planning of the next treatment session will also be discussed.

5. MAPS - The Division of Forest Health will supply hard copy maps, intended for spray pilot pre-treatment planning and reference. These maps will show treatment area boundaries and, if applicable, any associated exclusion area(s). All application pilots are responsible for the required reconnaissance of each assigned treatment area before beginning treatment to determine the presence of aerial hazards (Section K.5).

6. GIS FILES - Treatment area information, including exclusion areas, will be provided to the contractor by DCNR, utilizing ArcView/ArcInfo Geographical Information System (GIS). The GIS shape files will be transferred to the contractor in order to translate the data, if necessary, into the applicable data format required by the spray aircraft GPS electronic tracking and guidance system.

7. DAILY AIRCRAFT RECORD (DAR) - The Division of Forest Health will keep, as the basis for

Contractor payment, an accurate record of the insecticide metered into the aircraft and the acreage treated. A copy of the Daily Aircraft Record, signed by the Bureau of Forestry assigned Aircraft Dispatcher and the spray pilot, will be provided to the Contractor. The Contractor will not be paid for any insecticide that is applied in unauthorized areas or is jettisoned accidentally or in emergencies. The pilot's signature indicates agreement with the data on the form.

8. WAIVERS FOR SPECIAL USE AIRSPACE (RESTRICTED AND PROHIBITED AREAS) - The

Contractor will obtain the necessary waivers from the FAA for flights into restricted and or prohibited airspace. A copy of each approved waiver must be provided to the Field Project Coordinator and the Air Operations Manager prior to the first flight into the restricted or prohibited area.

9. THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT – The

Department will be responsible for obtaining all necessary permits from the Pennsylvania Department of Environmental Protection and for submitting annual reports. A copy of the NPDES Permit will be provided to each Contractor and Sub-Contractor.

J. INSECTICIDES:

1. PURCHASING, STORAGE, AND TRANSPORTATION - The Contractor must purchase the insecticide used on this project, pay all applicable sales and use taxes, and arrange for delivery of the product to a suitable site where it will be secure and protected from damage. The Contractor must assure that adequate supplies of insecticide are strategically located in or near the project area at least 24 hours prior to the start of spraying in order to assure an efficient operation. The Contractor must also assure that appropriate Department personnel are aware of these locations.

The Contractor is also responsible for handling and transporting the insecticide from the storage site to the aircraft-loading zone and for providing security of the insecticide.

2. ADDITIONAL ACREAGE - The Contract will contain figures for the maximum number of acres to be treated—no additional acreage will be included. However, if any additional spraying is required to permit the retreatment of any treated area as the result of rain wash-off, skips, or other reasons, a contract change may be executed for up to a maximum of 10 percent of the original contract acreage. Because of the contingent nature of utilizing the insecticide necessary for treating this additional acreage, the Contractor does not have to purchase and have on-site the insecticide necessary for treatment. However, the Contractor must make arrangements so that the insecticide required to treat additional acreage can be made available on site within 48 hours.

3. LABELS AND SAFETY DATA SHEET (SDS) - The Contractor must keep a copy of the labels and SDS available on site throughout the course of the project.

4. INSECTICIDES - All spraying will be conducted with Bacillus thuringiensis subspecies kurstaki (Btk). Acceptable formulations for Btk are identified below. Section E provides area and treatment details.

5. ACCEPTABLE BTK FORMULATIONS - All Btk will be applied as specified and at the rates provided in Section E. The following Btk formulations are labeled and acceptable for forestry applications on this contract:

FORAY 76B

a. NOTES ON BTK PRODUCTS - To avoid confusion and to simplify logistics, all Btk used for treatments in the project must be from the same manufacturer. All Btk products used in the Department’s program must be new material manufactured within six months of date of application.

b. BTK PURCHASING - For information on purchasing Btk products, contact the following:

FORAY 76B Products:

Jacques Dugal Forestry Sales Manager Valent BioSciences

1910 Innovation Way, Suite 100 Libertyville, IL 60048 Phone: (418) 839-6665 Cell: (418) 261-0823 Jacques.dugal@valentbiosciences.com

6. CONTAINER DISPOSAL - The Contractor is responsible for the proper disposal of all empty insecticide containers according to label requirements, State laws and regulations.

7. APPLICATIONS/RATES/SPRAY VOLUME - Specifics on the number of applications and application rates are given in Section K.

8. OPERATIONS - All operations will conform to Federal Aviation Administration (FAA) requirements, manufacturer’s pesticide label instructions, Department of Transportation (DOT) policies and the appropriate state requirements for storage, transportation, loading and application of insecticides.

K. APPLICATION SPECIFICATIONS, CONDITIONS, AND RESTRICTIONS:

1. SAFETY - Department and Contractor personnel are required to conduct themselves in a safe manner at all times. The Department and Contractor will prepare detailed safety plans that will be reviewed with all involved Department and Contractor personnel prior to the start of the spraying operations.

Caution must be exercised during spraying because of the frequent flight operations directly over residential areas. Some of the terrain may be mountainous and irregular, and elevations up to 2,900 feet above mean sea level may be encountered.

2. LOGISTICS - Once the Contracted Vendor is on site, each aircraft and its assigned pilot, ground-support equipment, and crew are under the logistical direction of the Program Supervisor. Although an effort will be made to distribute the workload equitably among all the aircraft assigned, such a distribution is not guaranteed.

3. WEATHER RESTRICTIONS - Using the following guidelines, the Department will determine when weather conditions are acceptable for spraying operations to be conducted.

Information supplied by the Department’s field personnel located in or near the treatment area and the Contractor's pilot will be used in making this decision.

a. WIND VELOCITY - Wind velocity should be 10 mph or less when measured in or near the spray block with a hand-held wind gauge. If excessive drifting of the spray cloud occurs, the current spray operations may be suspended by the Project Coordinator. Caution must also be exercised when dead calm conditions exist because of the formation of temperature-inversion layers. Under such conditions, the smaller droplets in the spray cloud will remain suspended and will not settle into the forest canopy. Spray operations must be curtailed until such conditions subside.

b. PROBABILITY OF PRECIPITATION - Probability of precipitation within six hours after the completion of spraying must be 50 percent or less. This probability of precipitation is provided by Flight Service Weather (1-800-992-7433), National Weather Service (use closest local source), or other contracted weather forecasting source. Any treatment area that incurs significant precipitation (0.25 inch or more) within four hours of spraying must be evaluated and, if necessary, resprayed at the Department’s expense. Consult with the insecticide manufacturer regarding appropriate spray deposit drying time.

c. WET FOLIAGE - Foliage must not be dripping wet either from precipitation or overnight dew.

4. ACCURACY - The Contractor must produce a complete and accurate coverage of the designated areas within the spray block as documented by GPS tracking and guidance flight logs.

If any designated area is missed or improperly treated, it must be resprayed at the Contractor's expense.

Care must be exercised in ensuring that all insecticides are deposited within the designated block boundaries and away from areas indicated as sensitive and/or where property owners object to the spraying. Within the designated block boundaries, the spray is to be applied to forested areas only and must be shut off over all open bodies of water.

The Department will create associated exclusion areas for treatment areas that contain open water or designated non-forested areas based on department criteria. All areas within the treatment area boundary must be sprayed unless bounded by an exclusion area. Exclusion areas will be incorporated into the GIS based digital treatment file that is delivered to the contractor.

Congregations of people, including children waiting for school buses, must be avoided at all times.

5. RECONNAISSANCE - The Department requires a reconnaissance flight by the spray pilot over each spray block prior to treatment to ascertain the block layout and to identify and avoid any flight hazards or congregations of people. If the spray pilot has difficulty in conducting adequate reconnaissance flights and/or in orienting with the spray blocks, the Contractor is required to supply an observation aircraft (Section L.2) with pilot. Pilots are responsible for communication and must conduct operations under the FARs with the appropriate air traffic control agency for the type of air space overlying treatment areas.

6. FERRY FLIGHTS - Ferry flights to and from the work sites or between loading zones in the project area are to be provided by the Contractor and will not be billed to the Department.

This airtime must be limited to flights that are essential; ferry flights must be avoided over sensitive areas, and in or near objector locations.

7. SPRAY TIME POLICY - Because of the short spray window available, it is essential that advantage be taken of any acceptable spray weather within the limits imposed by insect development, pilot work-hour limits (Section H.3.j), certain time-of-spray restrictions (Section K.8), and safety considerations. Therefore, spraying may take place whenever weather conditions permit, including weekends and holidays.

8. TIME-OF-SPRAY RESTRICTIONS - Spraying must be curtailed at certain times in certain situations to avoid potential…