GMSP23 Bid Package.pdf

COMMONWEALTH OF PENNSYLVANIA

PENNSYLVANIA GAME COMMISSION

BUREAU OF WILDLIFE HABITAT MANAGEMENT

FORESTRY DIVISION

2023 GYPSY MOTH SUPPRESSION PROJECT

CONTRACT SPECIFICATIONS

12/19/2022

Project - PGC GMSP23 (Tebufenozide)

Table of Contents

SECTION TITLE PAGE NUMBER

SECTION 1: INTRODUCTION 1

SECTION 2: GENERAL STIPULATIONS 1

2.1 BIDDER'S QUALIFICATIONS 1

2.2 SCOPE OF CONTRACT 1

2.3 AREA TO BE TREATED 1

2.4 APPLICATION PERIOD AND STARTING DATE 2

2.5 AIRCRAFT RECALL 2

2.6 CONTRACT TERM 2

2.7 PAYMENT 2

2.8 EXPERIMENTAL SPRAYING 2

2.9 CONTRACTED ACREAGE 2

2.10 DELETING ACREAGE 3

2.11 CANCELLATION 3

SECTION 3. AWARDING CONTRACT 3

3.1 NOTIFICATION OF LOWEST RESPONSIVE AND RESPONSIBLE BIDDER 3

3.2 CONDITIONS TO BE MET 3

SECTION 4. PROJECT SPECIFICATIONS 5

4.1 5

SECTION 5.

PROJECT NUMBER PGC GMSP23 (Tebufenozide)

OBLIGATIONS OF THE CONTRACTOR 6

5.1 GENERAL 6

5.2 PESTICIDE APPLICATION BUSINESS LICENSE 6

5.3 PROOF OF INSURANCE 6

5.4 REGISTERING TO DO BUSINESS IN PENNSYLVANIA 6

5.5 FAA WAIVER FOR CONGESTED AREAS 6

5.6 SPRAY MATERIALS 6

5.7 LOADING ZONES OR AIRFIELDS 7

5.8 MAINTENANCE 7

5.9 SECURITY 7

5.10 FIELD EXPENSES AND TRANSPORTATION 8

5.11 SPILL CLEANUP EXPENSES 8

5.12 SAFETY PLAN 8

5.13 ATTENDING PRE-WORK BRIEFING 8

5.14 ATTENDING POST-SPRAY MEETING 8

SECTION 6. OBLIGATIONS OF THE COMMISSION 8

6.1 COMMISSION PERSONNEL 8

6.2 PRE-WORK BRIEFING 9

6.3 PRE-SPRAY MEETING 9

6.4 POST-SPRAY MEETING 9

6.5 EVALUATION AND PLANNING 9

6.6 MAPS 9

6.7 GIS FILES 9

6.8 DAILY SPRAY RECORD (DSR) 10

6.9 WAIVERS FOR SPECIAL USE AIRSPACE (RESTRICTED AND PROHIBITED AREAS) 10

6.10 THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 10

SECTION 7. INSECTICIDES AND ADJUVANTS 10

7.1 PURCHASING, STORAGE, AND TRANSPORTATION 10

7.2 ADDITIONAL ACREAGE 10

7.3 LABELS AND SAFETY DATA SHEET (SDS) 10

7.4 INSECTICIDES 10

7.5 ACCEPTABLE TEBUFENOZIDE FORMULATIONS 11

7.6 CONTAINER DISPOSAL 11

7.7 APPLICATIONS/RATES/SPRAY VOLUME 11

7.8 OPERATIONS 11

SECTION 8. APPLICATION SPECIFICATIONS, CONDITIONS, AND RESTRICTIONS 11

8.1 SAFETY 11

8.2 LOGISTICS 11

8.3 WEATHER RESTRICTIONS 12

8.4 ACCURACY 12

8.5 RECONNAISSANCE 12

8.6 FERRY FLIGHTS 13

8.7 SPRAY TIME POLICY 13

8.8 TIME-OF-SPRAY RESTRICTIONS 13

8.9 EVENING SPRAYING 13

8.10 AIRSPEED 13

8.11 APPLICATION ALTITUDE 13

8.12 TURNS 13

SECTION 9. CONTRACTOR PERSONNEL 13

9.1 PROJECT SUPERVISOR 13

9.2 GROUND-SUPPORT PERSONNEL 14

9.3 PILOTS 14

9.4 OBSERVATION AIRCRAFT PILOT/NAVIGATOR 17

SECTION 10. AIRCRAFT 17

10.1 GENERAL SPECIFICATIONS AND OPERATIONAL LIMITATIONS 17

10.2 OBSERVATION AIRCRAFT 19

10.3 AIRCRAFT CATEGORIES 20

10.4 AIRCRAFT SPRAY SYSTEM 21

10.5 ELECTRONIC RADIO, DGPS, AND TELEPHONE EQUIPMENT 23

10.6 NAVIGATIONAL AIDS 25

10.7 AUTOMATED FLIGHT FOLLOWING 27

SECTION 11. GROUND-SUPPORT EQUIPMENT 27

11.1 INSPECTION 27

11.2 ACCESSORY EQUIPMENT 27

11.3 EQUIPMENT CLEANING 28

11.4 FIELD TRUCKS 28

11.5 TANK FARM 28

11.6 FUEL TRUCKS 29

11.7 TANKS 29

11.8 PUMPS 30

11.9 METERS 30

SECTION 12. BONDS AND INSURANCE 31

12.1 PERFORMANCE BOND 31

12.2 INSURANCE 31

SECTION 13. AGREED LIQUIDATED DAMAGES FOR FAILURE TO PERFORM 33

13.1 INTRODUCTION 33

13.2 LATE ARRIVAL 33

13.3 TARDINESS 33

13.4 DELAYS 34

13.5 LOADING ZONES 34

13.6 IMPROPER APPLICATION 34

13.7 OTHER SPRAYING 34

13.8 INSECTICIDE LOSSES, SPILLS, AND DUMPS 34

13.9 POOR PILOT PERFORMANCE 35

13.10 AIRCRAFT MALFUNCTION 35

13.11 DGPS DATA 35

SECTION 14. BID AWARD 35

SECTION 15. CONTRACT TERM 35

SECTION 16. INVOICES 36

SECTION 1: INTRODUCTION

The Pennsylvania Game Commission (PGC) requires the services of a contractor for the aerial application of insecticides over certain non-populated forested areas in the Commonwealth of Pennsylvania to prevent defoliation of high-value forest habitats by Gypsy Moth (Lymantria dispar) on approximately 109,000 acres (estimated)

Fixed Wing/Rotary Tebufenozide for approximately 109,000 acres in approximately 148 spray blocks (estimated) in 2023.

The Contracts will be awarded to the lowest responsive and responsible bidder for each project.

See Section I.2 of the Terms and Conditions attached to this IFB for additional details, including eligibility requirements and instructions for becoming certified.

Any questions concerning the technical aspects of this bid should be directed to the Chief Forester at 717-787-2039, (physical address listed below. Questions concerning the Request for Quote, the Purchase Order(s or bidding procedures should be directed to the PGC Procurement Division at 717-787-6594.

Sarah Wurzbacher Program Specialist / Air Operations Manager Pennsylvania Game Commission Bureau of Wildlife Habitat Management 2001 Elmerton Avenue Harrisburg, PA 17110-9797 717-743-4589 swurzbache@pa.gov

Paul Weiss Chief, Forestry Division / Program Supervisor Pennsylvania Game Commission Bureau of Wildlife Habitat Management 2001 Elmerton Avenue Harrisburg, PA 17110-9797 717-787-2039 Fax 717-787-695 paweiss@pa.gov

The target insect, acres, and types and categories of aircraft required for the project are detailed in Section 4. The Contractor is required to provide the insecticide and its cost must be included in the per acre bid for each project.

SECTION 2: GENERAL STIPULATIONS

2.1 BIDDER'S QUALIFICATIONS - To bid on this contract a 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). 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). Contractor must possess a Pennsylvania pesticide application business license prior to treatment.

2.2 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.

mailto:paweiss@pa.gov mailto:paweiss@pa.gov mailto:dgustafson@pa.gov mailto:dgustafson@pa.gov mailto:paweiss@pa.gov mailto:swurzbache@pa.gov

2.3 AREA TO BE TREATED - A total of approximately 109,000 (± 15%) acres of forest lands in the Commonwealth of Pennsylvania consisting of approximately 148 spray blocks (estimated) are proposed for treatment. More specific information is found in Section 4, and maps are in the appendices (detailed GIS maps available upon request from the Air Operations Manager). The treatment areas consist of Pennsylvania Game Commission lands. The Contractor will not be paid for any acreage treated outside the designated block boundaries.

2.4 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 4. The 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 4. 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 Commission 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.

2.5 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 Commission 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.

2.6 CONTRACT TERM - The contract term shall be as defined in Section 15.

2.7 PAYMENT - Will be for actual services performed, verified by the Commission’s acceptance and verification of the operators spatial data records of acres sprayed.

Invoices must be submitted in accordance with the Contract Terms and Conditions incorporated into this solicitation.

2.8 EXPERIMENTAL SPRAYING - The Commission 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.

2.9 CONTRACTED ACREAGE - If anticipated state and/or federal funds are not available at a level sufficient to fund the Contract at the level bid, or if acreage must be dropped for any reason prior to the execution of the Contract, the Contract either will not be executed or the Contract acreage will be reduced in scope. In the event the Contract acreage must be reduced from that designated in Section 2.3 and in Section 4, the Contract will be written to reflect the reduced acreage figure and no compensation to the Contractor, as provided in Section 2.11, will be granted even though the reduction may be in excess of 15 percent. If the reduction is in excess of 15 percent, the Contractor may elect not to execute the Contract without penalty.

2.10 DELETING ACREAGE - If insect population levels, because of unforeseen biological or environmental conditions, do not warrant treatment, the Commission may delete acreage as stated in the Contract. If this reduction in acreage should exceed 15 percent of the acreage stated in the Contract (not the acreage stated in Section 2.3 and in Section 4 of these contract specifications), 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.

2.11 CANCELLATION – Any termination of a contract resulting from this solicitation shall be done in accordance with the Termination Provisions in the Contract Terms and Conditions incorporated in this solicitation.

SECTION 3. AWARDING CONTRACT

3.1 NOTIFICATION OF LOWEST RESPONSIVE AND RESPONSIBLE BIDDER - The lowest responsive and responsible bidder(s) designated for award (the Selected Contractor) will be identified and notified by the Issuing Office in writing (notification letter)

3.2 CONDITIONS TO BE MET - In order for the contract to be properly executed and awarded, certain conditions must be met by the Selected Contractor. The following items and information must be completely and accurately supplied to the designated person by the date indicated. Failure to meet these requirements may lead the Issuing Office to determine the Selected Contractor to be non-responsive and result in the award of the contract to the next lowest responsive and responsible bidder.

• To Contracting Officer within ten (10) calendar days of the date of the notification letter to the Selected Contractor:

• A performance bond or letter of credit in the amount of 100 PERCENT OF THE TOTAL CONTRACT AMOUNT (see Section 12).

• Evidence of insurance during the life of the contract in amounts specified (see Section 12). The insurance company must be authorized to conduct business in the Commonwealth of Pennsylvania.

• Evidence of insurance during the life of the contract in amounts specified (see Section 12) for all subcontractors. The insurance company must be authorized to conduct business in the Commonwealth of Pennsylvania.

• Pesticide Application Business License (Section 5.2).

• References (name, address and telephone number) of similar work performed in the previous two (2) years as proof of qualifications to perform the work involved in this contract.

• To Air Operations Manager within fifteen (15) calendar days of the date of the notification letter to the Selected Contractor:

• A completed Application for Spray Aircraft Pilot Approval form for each spray pilot and each alternate spray pilot to be used on the project. Along with the completed form, include photocopies of the pilot's current FAA Airman Certificate (i.e., pilot license), current Airman Medical Certificate, proof of FAR Part 137 qualification (this should include the date of their last Part 137 check), and pesticide applicator certificate.

• A completed Aircraft Description Form for each spray aircraft, alternate spray aircraft, and any observation aircraft to be used on the project. Along with the completed form, include photocopies of the logbook entries for the last annual inspection on engine and airframe, airworthiness directives, and aircraft spec sheets.

• A listing of the Contractor's designated personnel and equipment to be used on the project. If a Contractor has been awarded one or more projects, a separate report must be submitted for each project. For 2023 there is one project per contract. The listing must be formatted and include all information as follows:

• Contractor:

Contractor SAP Vendor # Name of Contractor Name of President or Owner (specify) Address Telephone Number Contact Person Contact Telephone Number Contact Cell Phone Number

• Subcontractor(s):

Name of Subcontractor Name of President or Owner (specify) Address Telephone Number Contact Person Contact Person Telephone Number Contact Person Cell Phone Number

• On-Site Project Supervisor:

Name Address Office Telephone Number Supervisor Cell Phone Number

• Spray Pilots:

Completed spray pilot approval form (see Attachment 1)

• Alternate Spray Pilots:

Completed Spray aircraft pilot approval form (see Attachment 1)

• Insecticide Formulation:

Trade Name: Mimic 2LV

• Spray Aircraft:

Completed Spray Aircraft Description Form (see Attachment 2) Description of Ground-Support Equipment (See Section 11)

• Alternate Spray Aircraft:

Completed Spray Aircraft Description Form (see Attachment 2) Description of Ground-Support Equipment (See Section 11)

SECTION 4. PROJECT SPECIFICATIONS

4.1 PROJECT NUMBER PGC GMSP23 (Fixed Wing/Rotary Tebufenozide)

(A) Counties Involved: NC Region – McKean, Potter, Tioga, Elk, Cameron, Lycoming, Clinton, Centre, Clearfield, Union SC Region – Blair, Huntingdon, Perry, Juniata NE Region - Pike SE Region - Dauphin SW Region - Westmoreland

(B) Type of Areas to Be Treated: PA Game Commission Lands

(C) Total Acres: approximately 109,000 acres (estimated)

(D) Number of Spray Blocks: 148 blocks (estimated)

(E) Estimated Starting Date: April 25, 2023

*Depending on weather and larval/foliage development*

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

(G) Required Aircraft: (see Section 10.3 A and B for aircraft classes)

Aircraft can be all Fixed Wing; or a mix of Fixed Wing and Rotary; Total number of aircraft may not exceed six (6) aircraft. Aircraft type and numbers can be discussed by contacting the Air Operations Manager.

Estimated Fixed Wing Only Aircraft:

Minimum of Three (3) qualified aircraft as described in Section 10.3 B; at least one Category A aircraft required One (1) to three (3) additional aircraft can be added by the contractor as described in Section 10.3 A or 10.3 B

Maximum number of aircraft is six (6) and the minimum number of aircraft is three (3).

This Project may require the need for support equipment and ground crew personnel to work simultaneously from multiple loading zones on a daily basis (See Section 11.2).

(H) Insecticides: Tebufenozide

Mimic 2LV, 6 fl. oz per acre (0.09 lb ai/acre), diluted with water, spray volume of

0.75 gallon per acre

(I) Adjuvants: none

(J) Contact: Air Operations Manager

(K) Loading Zones and/or Airfields: See Section 5.7 and Section 11 for details on deadlines and equipment/personnel requirements.

SECTION 5. OBLIGATIONS OF THE CONTRACTOR

5.1 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.

5.2 PESTICIDE APPLICATION BUSINESS LICENSE - Within ten (10) days after notification of award of contract, the Contractor must provide the Air Operations Manager with proof of a valid Pesticide Application Business License issued by the Commonwealth of Pennsylvania in the category appropriate for aerial spraying of forests and residential areas.

5.3 PROOF OF INSURANCE - The Contractor must provide proof of insurance as specified in Section 3 and Section 12 for all aircraft and other equipment owned, leased, rented, subcontracted, or otherwise utilized by the Contractor and for all personnel hired, subcontracted, or otherwise employed by the Contractor.

5.4 REGISTERING TO DO BUSINESS IN PENNSYLVANIA- Out-of-state incorporated contractors and out-of-state incorporated subcontractors must obtain a certificate of authority from the Pennsylvania Department of State before doing business in the Commonwealth, in accordance with Section 103 of the Act of December 21, 1988, (P. L.

1444, No. 177), as amended, known as the Business Corporation Law of 1988, 15 PA C.S.A. 4101 et seq. This section states the manner for procuring a certificate of authority to do business in the Commonwealth and states certain activities the performance of which by an out-of-state business corporation is not considered to be doing business in the Commonwealth for purpose of procuring a certificate of authority. One such excluded activity is "conducting an isolated transaction completed within a period of 30 days and not in the course of a number of repeated transactions of like nature" [15 PA C.S.A.

4122(a)(10)]. Contact the Pennsylvania Department of State, Corporation Bureau, 308 North Office Building, Harrisburg, PA 17120 (717-787-1057) for instructions and the necessary form. A copy of the approved registration must be provided to the contracting officer as specified in Section 3. Contractors must also register via the internet at www.pasupplierportal.state.pa.us.

5.5 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 http://www.vendorregistration.state.pa.us/ http://www.vendorregistration.state.pa.us/ the project. Each aircraft must have a copy of the Congested Area Plan for the Project during operations.

5.6 SPRAY MATERIALS - The Contractor is responsible for the purchase of the insecticide and any adjuvant used in this project unless otherwise specified in Section 4. Specific details on insecticides and adjuvants are given in Section 7. The Contractor will not be compensated for any Contractor-supplied insecticide or adjuvant which is lost, spilled, dumped, or otherwise made unavailable.

5.7 LOADING ZONES OR AIRFIELDS - The selection of suitable helispots 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 or airfields) prior to the start of the project and be prepared to provide evidence of such permission to the Air Operations Manager. 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. 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.

5.8 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 5.12).

5.9 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:

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

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

• 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.

• 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 Commission.

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

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

5.10 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.

5.11 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.

5.12 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 Commission 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 5.9. 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.

5.13 ATTENDING PRE-WORK BRIEFING - The Contractor and all subcontractors are required to attend a pre-spray safety briefing as described in Section 6.2.

5.14 ATTENDING POST-SPRAY MEETING - The Contractor is required to attend a post-spray meeting to review the spray program as described in Section 6.4.

SECTION 6. OBLIGATIONS OF THE COMMISSION

6.1 COMMISSION PERSONNEL - The PA Game Commission will furnish personnel to supervise and direct the aerial and spray operations in the following capacities:

(A) PROGRAM SUPERVISOR - The Forestry Division Chief will oversee the overall operation of the suppression program.

(B) PROJECT FIELD OPERATIONS SUPERVISOR - The Program Specialist 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, monitoring calibration and characterization procedures, analyzing quality control checks, enforcing safety requirements.

(C) MONITORING CREW - A monitoring crew consists of one or two persons equipped with a radio capable of communicating with the Aircraft Operations Manager 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), etc.

6.2 PRE-WORK BRIEFING - The Forestry Division 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 3. 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 required for all Contractors and subcontractors working on the project.

6.3 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, Commission personnel and Contractor(s) shall meet and discuss the aerial operations and application program.

Topics for discussion shall include, but are not limited to, logistics for aerial application and observation aircraft (if needed); the handling, mixing and application of the insecticides; aircraft capabilities; final selection of loading zones, safety precautions, etc.

The Contractor(s) shall require all pilots that will be used on this project to attend the pre-spray meeting.

6.4 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 Commission and Contractor(s) shall meet and review the aerial operations and application program.

6.5 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.

6.6 MAPS - The Forestry Division 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 and required for the reconnaissance of each assigned treatment area before beginning treatment to determine the presence of aerial hazards (Section 8.5).

6.7 GIS FILES - Treatment area information, including exclusion areas, will be provided to the contractor by the Commission, utilizing ESRI 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.

6.8 DAILY SPRAY RECORD (DSR) – The Daily Spray Record will contain the date, gallons of insecticide, and acres treated. The Forestry Division will keep, as the basis for Contractor payment, an accurate record of the acreage treated. A copy of the Daily Spray Record, as produced by the operator’s spatial data records, signed by the Air Operations Manager 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.

Payment will be based upon agreed acreage treated.

6.9 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.

6.10 THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

PERMIT – The Commission will be responsible for obtaining all necessary permits from the Pennsylvania Department of Environmental Protection and for submitting annual reports. A copy of the Permit will be provided to the Contractor.

SECTION 7. INSECTICIDES AND ADJUVANTS

7.1 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 Commission 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.

7.2 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.

7.3 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.

7.4 INSECTICIDES - All spraying will be conducted with Tebufenozide. Acceptable formulations tebufenozide are identified below. Section 4 provides area and treatment details.

7.5 ACCEPTABLE TEBUFENOZIDE FORMULATIONS - All tebufenozide will be applied as specified and at the rates provided in Section 4. The following tebufenozide formulations are labeled and acceptable for forestry applications on this contract:

MIMIC 2LV

(A) NOTES ON TEBUFENOZIDE PRODUCTS - To avoid confusion and to simplify logistics, all tebufenozide used for treatments in the project must be from the same manufacturer.

(B) TEBUFENOZIDE PURCHASING - For information on purchasing tebufenozide products, contact the following:

(1) MIMIC 2LV Products

Jacques Dugal Global Forest Health Manager Valent BioSciences LLC 1845 Chemin du Fleuve Levis, Quebec, Canada G6W 1Z6 Phone: (418) 839-6665 Cell: (418) 261-0823 Jacques.dugal@valentbiosciences.com

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

7.7 APPLICATIONS/RATES/SPRAY VOLUME - Specifics on the number of applications and application rates are given in Section 4.

7.8 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.

SECTION 8. APPLICATION SPECIFICATIONS, CONDITIONS, AND

RESTRICTIONS

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

Caution must be exercised during spraying because of the frequent flight operations.

Some of the terrain may be mountainous and irregular, and elevations up to 2,900 feet above mean sea level may be encountered.

8.2 LOGISTICS - Once on site and under contract to the Commission, each aircraft and its assigned pilot, ground-support equipment, and crew are under the logistical direction of the Air Operations Manager. The Contractor will work with the Air Operations Manager to determine the most efficient order of operations for treating spray blocks.

mailto:Jacques.dugal@valentbiosciences.com

8.3 WEATHER RESTRICTIONS - Using the following guidelines, the Commission will determine when weather conditions are acceptable for spraying operations to be conducted. Information supplied by the Commission’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. 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 Commission’s expense.

Consult with the insecticide manufacturer regarding appropriate spray deposit drying time.

(C) AIR TEMPERATURE AND RELATIVE HUMIDITY – when temperatures and relative humidity conditions are such that proper insecticide application may be hindered; when applying tebufenozide products, please refer to the temperature and humidity chart provided by Valent BioSciences.

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

8.4 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 Commission will create associated exclusion areas for treatment areas that contain open water or designated non-forested areas based on Commission 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.

8.5 RECONNAISSANCE - The Commission 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 10.2) 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.

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

8.7 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 9.3(J)], certain time-of-spray restrictions (Section 8.8), and safety considerations. Therefore, spraying may take place whenever weather conditions permit, including weekends and holidays.

Morning spray session take-off is scheduled for 30 minutes before legal daylight, i.e., sunrise.

8.8 TIME-OF-SPRAY RESTRICTIONS - Spraying must be curtailed at certain times in certain situations to avoid potential conflicts with land users.

• No spraying may be conducted over school buses while they are actively picking up or discharging students or over any group of schoolchildren or other persons congregated within the spray block.

canopy of the target, except where obstruction in or adjacent to the target would endanger the safety of the pilot while applying pesticides at that altitude. Spray pilots must spray between 50-100 feet above tree canopy.

8.12 TURNS - The aircraft spray boom must be shut off at the end of spray runs and during turns. Turns must be avoided over sensitive areas, including properties where the owners have objected to spraying.

SECTION 9. CONTRACTOR PERSONNEL

9.1 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

8.9 EVENING/NIGHT SPRAYING - Evening and night spraying operations may be conducted when weather conditions are favorable. Operations may be conducted after sunset if all pilots and aircraft involved are equipped with appropriate and functioning equipment necessary for conducting safe and effective night operations. All pilots must meet all FAA requirements to be cleared for night flying and be able to demonstrate a proficiency and understanding of all equipment functions before being cleared for night operations.

8.10 AIRSPEED - An exact application airspeed will be designated by the pilot at the time of calibration verification

8.11 Application Altitude - Spray application shall be released 50 - 100 feet above the the Commonwealth of Pennsylvania Pesticide Control Act and rules and regulations of the Commission. 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.

9.2 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 Commission.

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 Commission does not demonstrate the knowledge and capability to perform his/her duties.

9.3 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 and must provide written evidence to the Program Supervisor.

(B) PILOT LIST - The Contractor must provide the Project Field Operations Supervisor with a list of all pilots including alternate spray pilots slated for use on the project as designated in Section 3.2. 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 Commission as indicated in Section

3.2. 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 Commission 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 10.6.(A)(4)).

(E) EXPERIENCE - Each spray pilot must meet or exceed the following experience minimums as pilot in command:

• All aircraft ...................................................................................... 2,000 hours

• Aerial Application/Agriculture flight time ........................................ 1,000 hours

• Night flying ....................................................................................... 100 hours

• Cross Country .................................................................................. 500 hours

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

• Category and Class to be flown on project ....................................... 200 hours

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

• Forest pesticide application in designated mountainous terrain ....... 100 hours

(F) CONTROLLED SUBSTANCE USE - Any pilot observed by the Commission using or in possession of any nonprescription, controlled substance such as, but not limited to, marijuana, hashish, cocaine, heroin, and/or amphetamines shall 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 Commission 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 COMMISSION’S RIGHT TO REJECT - The Commission reserves the right to reject the Contractor's use of any pilot who, in the Commission’s opinion, has performed unsatisfactory in previous operations whether in the Commonwealth of Pennsylvania or elsewhere. The Commission reserves the right to permanently reject any pilot who, in the Commission’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 Commission 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 Project Supervisor and ground support crew. The pilot must contact, via radio, the Project Supervisor and ground support crew 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 Project Supervisor, the pilot may communicate via radio with assigned Commission block monitors, if applicable.

(L) 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:

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

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

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

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

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