ITB018952_Contract_V2.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: SPONGY MOTH AERIAL TREATMENT

CONTRACT No.: ITB018952

*CONTRACT ID: CTR018952-A1

EFFECTIVE DATES: 3/8/2024 to 2/28/2027

SUPPLIER: Als Aerial Spraying, LLC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000014665. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 02/28/2029 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Ohio Department of Agriculture, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepa ge

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date

*Indicates an amendment waiver of observation aircraft requirement for the 2024 spray season effective 05/10/24.

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE: This solicitation is issued to cover services for the Ohio Spongy Moth Aerial Suppression Spraying for the Ohio Department of Agriculture (ODA).

1.1.1 Bids are requested for the aerial application of certain insecticides over certain forested and residential areas in the State of Ohio to prevent defoliation of trees by the Spongy moth, Lymantria dispar.

1.1.2 The types of aircraft required for this Contract are detailed in this document. The Contractor is required to provide the insecticide as specified herein, and its cost must be included in the per acre bid.

1.1.3 The acreage designated for treatment will vary from year to year and be located throughout Ohio.

1.1.4 After award of the Contract, the State’s point of contact concerning these Contract specifications will be the ODA Agency Program Manager.

1.2 DEFINITIONS AND STIPULATIONS - Wherever used in these specifications or in other Contract documents, the following terms will have meanings indicated which will be applicable to both the singular and plural thereof:

1.2.1 Agency Program Manager - The ODA Agency representative, who will have authority to act on behalf of the Agency and who administers the spray project.

1.2.2 Contractor's Project Supervisor - The designated Contractor's representative at the site, who will have authority to act on behalf of the Contractor.

1.2.3 Field Work Order - A written order to the Contractor, authorized by the inspector, for minor changes or alterations in the work, not involving extra cost and not inconsistent with the overall intent of the Contract documents.

1.2.4 Inspector - An authorized representative of the Agency assigned to on-site inspection of any feature of materials or work entering the Contract.

1.2.5 Job Site - The area where the Contract work is to be performed.

1.2.6 Project - The work to be performed as provided in the Contract documents.

1.2.7 Subcontractor - An individual, firm or corporation having a direct contract with the

Contractor or with any other Subcontractor for the performance of a part of the work at the site.

1.2.8 Work - Any and all obligations, duties, and responsibilities necessary to the successful completion of the project assigned to or undertaken by the Contractor under the Contract, including the furnishing of all labor, materials, equipment, and other incidentals.

1.3 USE OF SUBCONTRACTORS - The Ohio Spongy Moth Aerial Spraying Contract may require both fixed-wing and rotary (helicopters) spray aircraft. This requirement may necessitate the use of Subcontractor(s) by the Contractor. All Contract specifications, regulations, laws, etc., that apply to the Contractor also apply to all Subcontractors. The Agency’s Program Manager and Ohio Department of Administrative Services must approve all Subcontractors.

1.4 INTENT OF AGREEMENT - The intent of this solicitation is for the State of Ohio to enter into a Contract with an aerial application Contractor who will furnish properly certified and approved spray aircraft, qualified ground personnel, approved insecticides and water, dispersal systems and facilitating equipment to apply insecticide, FAA certified and qualified pilots capable of making a proper aerial application of prescribed insecticides and performing necessary related functions.

Treatment blocks consist of rural forest lands and wooded residential areas. The treatment block acres are located throughout Ohio. The spray blocks are to be treated with either Foray 48B, Foray 76B, Dimilin 4L, Mimic 2LV, and/or Gypchek.

This Contract is contingent upon approval of an environmental assessment of the project area by the US Forest Service.

1.5 CONTRACT SPECIFICATIONS

1.5.1 LOCATION OF SPRAY BLOCKS – throughout the State of Ohio. Files in ESRI shapefile format with a WGS84 coordinate system will be provided for uploading treatment block coordinates in the Differential GPS (DGPS) system.

1.5.2 ESTIMATED NUMBER OF ACRES - Number of acres will vary from year to year.

Historically, treatment acres have averaged approximately 4,100 acres per year over the past 5 years, with the low being approximately 3,300 acres and the high being approximately 5,500 acres. Double application of Bacillus thuringiensis, subsp. Kurstaki (Btk) accounted for 33%, single application of Btk accounted for 55%, single application of Dimilin / Mimic accounted for 2% and double application of Gypchek accounted for 10%. This is for estimation purposes only.

1.5.3 ESTIMATED STARTING & COMPLETION DATES - Below are listed approximate reporting, starting, and completion dates:

1.5.3.1 Reporting Date – April 22

1.5.3.2 Calibration, Characterization, Reconnaissance – April 22

1.5.3.3 First Day of Spraying - April 23

1.5.3.4 Completion Date – on or before May 31

1.5.4 AIRCRAFT REQUIREMENTS

1.5.4.1 General Requirements: The Contractor will furnish enough aircraft, insecticide, spraying equipment, pilots, ground support equipment, and personnel as specified herein and other operational requirements, as necessary, to apply insecticide effectively, accurately, and uniformly to specified tree-covered areas, at a production rate of 1,600 acres treated per hour. Observation aircraft will be required on this project. All treatment aircraft must be within visibility of an observation aircraft while applying control products. In the event aircraft are applying treatments at multiple sites simultaneously, multiple observation aircraft are required. The Contractor is responsible for furnishing all required observation aircraft.

1.5.4.2 All treatment aircraft to be used on the contract must be of a type capable of completing the work specified and must meet all safety and maintenance requirements. The aircraft to be used on the contract must be provided on Attachment 1, and should be returned with the Bid, or within 5 calendar days when requested to do so by the Office of Procurement Services. Failure to provide Attachment 1 may deem the bid non-responsive.

1.5.5 INSECTICIDES & RATES OF APPLICATION

1.5.5.1 Acceptable Bacillus thuringiensis, subsp. Kurstaki (Btk) formulations including:

Foray 48B or Foray 76B. The agency will specify each year which product will be utilized.

1.5.5.2 Foray 48B or 76B may be applied to residential and rural wooded lots to prevent defoliation from exceeding 30% on 80% of the preferred host species, reduce caterpillar nuisance levels, and reduce larval populations. All Btk formulations will be applied undiluted. During double applications, the second application will take place 5-7 calendar days after the first application. Rotary atomizers are required if the working speed is less than 140 mph. Either rotary atomizers or flat-fan nozzles are permitted if the working speed is 141 mph or greater.

1.5.5.2.1 Using 48B formulations, single application rates will be at 36 BIUs per acre at a spray volume of 96 ounces (3/4 gal.) per acre or at 24 BIU’s per acre at a spray volume of 64 ounces (1/2 gal.) per acre. Double application rates will be at 24 BIUs per acre per application at a spray volume of 64 ounces (1/2 gal.) per acre, per application.

1.5.5.2.2 Using 76B formulations, single application rates will be at 38 BIUs per acre at a spray volume of 64 ounces (1/2 gal.) per acre. Double application rates will be at 25.3 BIUs per acre per application at a spray volume of 42.6 ounces (1/3 gal.) per acre, per application.

1.5.5.3 Acceptable Diflubenzuron formulations: Dimilin 4L

1.5.5.3.1 Dimilin 4L may be applied to residential and rural wooded lots to prevent defoliation from exceeding 30% on 80% of the preferred host species, reduce caterpillar nuisance levels, and reduce larval populations. Dimilin 4L is to be applied in a single application at 1.00 fluid ounce (0.50-ounce active ingredient) per acre. One fluid ounce of Dimilin 4L is to be mixed with water and applied at a final mixed volume of 128 fluid ounces per acre. Rotary atomizers are preferred, flat-fan nozzles are acceptable.

1.5.5.4 Acceptable Tebufenozide formulations: Mimic 2LV

1.5.5.4.1 Mimic 2LV will be applied to residential and rural wooded lots to prevent defoliation from exceeding 30% on 80% of the preferred host species, reduce caterpillar nuisance levels, and reduce larval populations. Mimic 2LV is to be applied in a single application at 5 fluid ounces (1.2 ounces of active ingredient) per acre. 5 fluid ounces of Mimic 2LV is to be mixed with water and applied at a final rate volume of 128 fluid ounces per acre.

Rotary atomizers are preferred, flat-fan nozzles are acceptable.

1.5.5.5 Acceptable Nucleopolyhedrovirus formulations: Gypchek

1.5.5.5.1 Gypchek may be applied to residential and rural wooded lots to prevent defoliation from exceeding 30% on 80% of the preferred host species, reduce caterpillar nuisance levels, and reduce larval populations. A single or double application of Gypchek is to be applied. If a second application is to be applied, it will be done 3-4 calendar days after the first application.

The Gypchek is to be applied in a formulation of 128 ounces per acre per application. Rotary atomizers are preferred, flat-fan nozzles are acceptable.

1.5.5.5.2 The USDA Forest Service will be responsible for procurement and storage of Gypchek. The Contractor is responsible to provide the carrier.

The USDA Forest Service will provide a copy of the Material Safety Data Sheet for the Gypchek and carrier to the Contractor prior to the start of the project.

1.5.6 LOADING & LANDING ZONES - Obtaining airports for fixed-wing aircraft and/or landing zones for helicopters are the responsibility of the Contractor. These sites must be identified by April 1. All sites must be located within the State of Ohio. Typically, airports are used in Ohio for fixed-wing operations and multiple landing zones are used for helicopters. Each aircraft must be supported with equipment and personnel to enable it to work independently of the other aircraft. See Attachment 3 - Special Terms and Conditions – Damages Subject to Specified Monetary Assessment for Failure to perform, Item Worksite & Landing Zones, for assessed damages for failure to have adequate loading and landing zones designated by the April 1 date.

1.5.7 OBLIGATIONS OF THE STATE:

1.5.7.1 AGENCY PERSONNEL & RESPONSIBILITIES – Prior to the initiation of the spray operation, the Agency Spongy Moth Program Manager is responsible for assigning personnel to the following duties. These duties are to be fulfilled by personnel from the ODA and USDA Forest Service who are responsible for conducting the Spongy Moth Aerial Spraying Program:

1.5.7.1.1 The Chief of the Division of Plant Health, ODA will resolve any conflicts and ambiguities in applicable laws, rules, regulations, and orders as may be specified in writing by the Contractor in the Contractor's attempt to comply with all such laws, rules, regulations, and orders.

1.5.7.1.2 Agency Program Manager – The Spongy Moth Program Manager within the Plant Pest Control Section of the ODA represents the Agency in determining technical Contract specifications and in settling technical contractual matters. The Agency Program Manager is responsible for the overall operation of the suppression program and represents the Agency in the inspection and approval of all aircraft and equipment. The Agency Program Manager also reports daily to the U.S. Forest Service on the progress of the spray program.

Final authority for decisions made during the operation of the suppression program resides with the Agency Program Manager. He notifies all Emergency Medical Assistance (EMA) personnel and performs special notification requests.

1.5.7.1.3 Agency Project Operations Supervisor - The Agency Supervisor of the Spongy Moth Program within the Plant Pest Control Section of the Department of Agriculture is responsible for assisting the Program Manager in the operation of the suppression program. He will supervise all Agency field personnel working on the suppression program. He provides maps to the pilots and briefs the pilots on the spray blocks and the order in which blocks are to be sprayed. He is responsible for storing, organizing, and distributing data files and downloading flight line data. He also coordinates the field crews observing each aircraft. He records all weather data called in from field crews, records the insecticide loaded each load and acres treated, records times of departure and arrival of aircraft, monitors radio communications of spray aircraft, and maintains communications with field crews, and provides emergency telephone communication capability. Daily, he is responsible for updating 1-800 number and website. This person will assist in the Airport Operations in recording insecticide load information, monitoring pilot radio communications, and maintaining radio communications with field crews and the aerial observer.

1.5.7.1.4 Agency Safety Monitors - The Safety Monitor(s) will observe airport, heliport, and field operations for the safe conduct during spray operations, including informing all Agency and Contract personnel on safety measures to be taken, when working on the project.

1.5.7.1.5 Agency Ground and/or Field Crews for Spray Aircraft - These personnel are responsible for monitoring larval and foliage development, collecting weather data at each spray block, observing the spray aircraft during operations, determining spray deposit, communicating with the public general information, and watching for school children waiting for buses or arriving home from school by bus.

1.5.7.1.6 Agency Pesticide Compliance Supervisor – This person is the Supervisor in the Pesticide Regulation Section of the Department of Agriculture. He determines if the Contractor and any Subcontractors are certified as aerial pesticide applicators in Ohio.

1.5.7.1.7 Agency Public Information Officer – This person is responsible for dealing with contacts from the media regarding the suppression program. This person works closely with the Program Manager in supplying the media with updates about the spray program.

1.5.7.2 SUPPLIES, MATERIALS & EQUIPMENT - The Agency is responsible for providing the following supplies, materials, and equipment:

1.5.7.2.1 7.5-minute topographic maps clearly marked with spray blocks containing points for fire, cell, radio, and television towers, power lines, environmentally sensitive areas, schools, churches, and other points where human congregation may occur and a state-wide map of all spray block locations.

1.5.7.2.2 Vehicles and radios for ground crews and landing zone supervisors; portable radios for aerial observers.

1.5.7.2.3 Cellular phones to facilitate ground communication.

1.5.7.2.4 Weather measuring instruments.

1.5.7.2.5 Load sheets.

1.5.7.2.6 Hearing ear Protective equipment for Agency personnel working at the loading zones.

1.5.7.2.7 Other equipment and/or supplies deemed necessary for this operation.

1.5.7.3 SERVICES - The Agency will provide the following services for the aerial suppression program:

1.5.7.3.1 Inspection of equipment, aircraft, pilot credentials,

1.5.7.3.2 Maintenance records.

1.5.7.3.3 Maintaining loads records.

1.5.7.3.4 Ground crews monitor blocks.

1.5.7.3.5 Weather monitoring.

1.5.7.3.6 Pre-work conference.

1.5.7.3.7 Safety and work plans.

1.5.7.3.8 Plan spray schedules (timing, blocks, products, and rates).

1.5.7.3.9 Provide radio communication between landing zones, block observers, and aerial observer.

1.5.7.3.10 Telephone service from landing zones for emergency purposes.

1.5.7.3.11 Inform the public regarding spraying schedules.

1.5.7.3.12 Inform 911 operators and EMA personnel.

1.5.8 CONTRACTOR OBLIGATIONS: The Contractor is obligated to furnish spray aircraft, observation aircraft, support equipment, insecticide, water, and personnel necessary to produce an aerial application in accordance with the Contract. The following sections give more specific information on personnel, supplies, materials, equipment, and services required.

1.5.8.1 CONTRACTOR PERSONNEL - A summary of the required personnel is listed below. This is not a comprehensive list of required personnel.

1.5.8.1.1 Contractor Project Supervisor - The Contractor must designate 1of its personnel to serve as the onsite Project Supervisor and to represent the Contractor in all contractual matters that require prompt attention.

1.5.8.1.2 Ground Support Personnel - The Contractor must supply adequately trained and qualified personnel in sufficient quantity to drive all necessary support vehicles, transfer and mix insecticides, and properly service each aircraft.

1.5.8.1.3 Pilots for Spray Aircraft - The Contractor will provide commercial pilots that are FAA qualified to operate the aircraft specified in the solicitation response. The Contractor must provide pilots, 1 each for spray aircraft specified, and at least 1backup pilot for the operation.

More backup pilots can be submitted for approval if the Contractor wishes to do so.

1.5.8.2 SUPPLIES, MATERIALS, & EQUIPMENT - The Contractor is responsible for providing all the necessary supplies, materials, and equipment to meet the requirements and obligations contained in these Contract specifications and to ensure a timely and safe application of insecticides.

The Contractor must supply the following supplies, materials, and equipment (this list is not exhaustive):

1.5.8.2.1 Aircraft as specified in this document.

1.5.8.2.2 Support equipment, vehicles, storage tank(s), mixing tank(s) and equipment, and fuel tank(s) which are mobile and self-contained, so that the helicopter can work independently, as necessary, from remote landing zones around the project area.

1.5.8.2.3 Support equipment, vehicles, storage tank(s), mixing tank(s) and equipment, and fuel tank(s) for the aircraft at the airport work site.

Enough mixing, storage, and support equipment must be available to allow each aircraft to work independently of the other aircraft.

1.5.8.2.4 Insecticides: Btk formulations, Dimilin 4L, Gypchek carrier, Mimic 2LV, and necessary water for mixing and for flushing.

1.5.8.2.5 Pumps, pump seals, strainers, screens, hoses, metering devices, fire extinguishers, placards for trucks, copies of Material Safety Data Sheets for each insecticide, spare parts, equipment to contain and clean up spills, and tools for mechanical repairs of aircraft, vehicles, and equipment.

1.5.8.2.6 Electronic Radio and Guidance equipment which includes VHF communications system in the aircraft and mobile or portable VHF transceiver at the landing zones and airport, FM radios in aircraft and on the ground may be used to supplement the VHF system, and Loran-C guidance systems in each aircraft with digital readout.

1.5.8.2.7 Aircraft equipped with “Real Time Tracking” GPS system.

1.5.8.2.8 Aircraft equipped with Selectable Automatic On/Off Spray Control.

1.5.8.2.9 Aircraft equipped with Flow Monitoring or Flow Control System.

1.5.8.2.10 Micronair or Beecomist rotary atomizers along with spare atomizers for the helicopter and/or fixed-wing aircraft. If flat-fan nozzles are used on the fixed-wing aircraft to spray BTK, then slotted strainers should be used in the nozzles instead of screens.

1.5.8.2.11 Provide necessary personal protective equipment to Contractor personnel.

1.5.8.2.12 Provide GPS equipment as specified herein.

1.5.8.3 SERVICES - The Contractor is required to supply all the necessary items listed, or not listed, in these bid specifications to conduct a successful aerial spray program in Ohio.

At a minimum the Contractor is to provide the following services:

1.5.8.3.1 Aerial spraying of insecticides.

1.5.8.3.2 Provide the location of landing zones and airports.

1.5.8.3.3 Obtain any necessary FAA operations plans for congested areas.

1.5.8.3.4 Provide a safety and spill plan and train all on-site personnel of the

Agency and Contractor regarding the procedures of the plans.

1.5.8.3.5 Cooperate with the Agency with the inspection, calibration and characterization of aircraft, vehicles, and equipment.

1.5.8.3.6 Cooperate at the loading zones with Agency personnel to ensure accurate recording of aircraft loads and batches of insecticide mixed.

1.5.8.3.7 Cooperate with Agency personnel daily to determine the schedule of the spray blocks to be sprayed the following day, including the location of any marking balloons the pilot would like to have placed.

1.5.8.3.8 Provide radio communication and guidance equipment for aircraft and Contractor's ground crew.

1.5.8.3.9 Provide and be able to operate GPS equipment for plane guidance as specified herein.

1.5.8.4 PESTICIDE APPLICATOR LICENSES - Commercial Pesticide Applicator

Licenses - The Contractor must be certified as a commercial aircraft operator and supply pilots that are certified and qualified to operate the aircraft specified herein.

1.5.8.4.1 The Contractor, and any Subcontractor, must be certified by the FAA and must qualify under FAR Part 137 and currently be certified for agricultural aircraft operations.

1.5.8.4.2 The Contractor, and any Subcontractor, must be a Certified Pesticide Applicator in the State of Ohio in the categories of forest pest control.

The Pesticide Regulation Section of the ODA issues this certification.

All pilots, not already Ohio Certified Pesticide Applicators, must be registered with the Department of Agriculture as employees of the Contractor, or Subcontractor, and be certified in the State of Ohio prior to the start of the work. Contact Pesticide Regulation Section, at (614) 728-6987 for information.

1.5.8.5 SPRAY MATERIALS - The Contractor is responsible for supplying all insecticides, adjuvant, and water necessary to treat the acreage specified in this Contract.

Furthermore, the Contractor is responsible for insuring that all pesticides and the specific formulations intended for use on the spray project are registered with the Agency.

1.5.8.6 CHAIN OF CUSTODY – Contractor will be required to keep chain of custody documentation beginning with the point of the manufacture of the pesticides to the point where the pesticide is delivered to the Contractor. The Contractor will also be required to keep chain of custody documentation from receipt of the pesticide to the point of application. All chain of custody documentation will be in a form approved by the ODA. The Contractor will be held liable for any loss of the material until its aerial application.

1.5.8.7 FAA CONGESTED AREA PLANS - The Contractor is responsible for reviewing all spray block maps and identifying any congested areas that would require an FAA waiver. The Contractor is responsible for filing the required plan and documentation with the appropriate FAA Flight Safety District Office for any congested areas identified and obtaining the necessary waiver(s) prior to the start of spraying operations. If the FAA denies aerial access to 1or more of the proposed spray blocks, the Contractor is not required to treat the affected blocks.

1.5.8.8 LANDING & LOADING ZONES - The selection of suitable helicopter landing zones and/or airfields for fixed-wing aircraft is the responsibility of the Contractor. Use of the airfields and landing zones must not present problems from a legal aspect and written permission to use the site must be obtained by the Contractor.

1.5.8.8.1 The Contractor must locate and secure permission for all helicopter or aircraft landing zones, and/or airfields prior to the start of the project. All helicopter or aircraft landing zones, and/or airfield locations must be identified to the Agency within ten (10) days of receipt of maps showing the location of spray blocks. The Contractor will provide these locations and mark them on 7.5-minute topographic maps. The Contractor should be prepared to provide evidence of written permission to use the sites to the Agency, annually, prior to the start of operations. This should include written permission from the landowner.

1.5.8.8.2 Agency personnel will assist the Contractor, annually, in locating usable loading and landing zones during a visit to the project area prior to the April 1 deadline. All sites must be located within the State of Ohio. The Contractor will be responsible for any damage done to the work area. The Contractor should follow up its contact(s) with the landowners and airfield operator(s) 1 week prior to the anticipated start of operations to assure that the property is still available for use.

1.5.8.9 PROJECT MEETING - The Contractor is required to attend a project meeting with the Agency. This meeting will be held via teleconference or at the Agency headquarters on or about April 15th, annually. The Contractor is responsible for their own expenses incurred in attending this meeting.

1.5.8.10 EQUIPMENT MAINTENANCE - The Contractor must maintain a readily-available on-site inventory of commonly needed spare parts and equipment, including, pumps, pump seals, rotary atomizers, and flat-fan nozzles; to provide current maintenance on the spray system, the aircraft, the mixing and pumping system, the support vehicles, and the storage tanks and to provide for immediate replacement of critically needed equipment. Routine maintenance must be conducted only at times that will not interfere with the spray operation. Only emergency repairs are permitted during scheduled spray hours. Care must be taken to always prevent leakage of spray material.

1.5.8.11 EQUIPMENT RELOCATION - If it becomes necessary to move the aircraft from the operational work site to another overnight location for security or other reasons, care must be exercised to avoid selecting a location that could postpone takeoff and thereby delay or cancel the operation for the following day. If there is a delay or cancellation of operation specified liquidated damages may be assessed as described in Attachment 3.

1.5.8.12 SECURITY -

1.5.8.12.1 EQUIPMENT - The Contractor must secure with seals, locks, etc. all hoppers, tanks, pumps, hoses and mixing equipment at the end of each workday. The Contractor, or his representative, is required to participate in a visual inspection of these security measures with the Agency Program Manager at the beginning and conclusion of each workday.

1.5.8.12.2 PESTICIDES – The Contractor must secure with seals, locks, etc. all containers, tankers, drums, jugs, etc. containing pesticides at the end of each workday. The Contractor, or his representative, is required to participate in a visual inspection of these security measures with the Agency Program Manager at the beginning and conclusion of each workday.

1.5.8.12.3 AIRCRAFT – The Contractor must disable all spray aircraft when not in use so that they cannot be entered, started, or operated by anyone other than authorized personnel. A dual locking system is required.

1.5.8.12.4 Provide security personnel during off duty hours for aircraft, equipment and/or materials, if deemed necessary by the State due to unforeseen circumstances.

1.5.8.13 FIELD EXPENSES & TRANSPORTATION - Costs incurred in the operation and maintenance of all Contractor equipment is 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.

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

1.5.8.15 SAFETY & SPILL PLAN - The Contractor is required to conduct all operations in a safe manner and to have a well-defined, written safety and spill plan developed.

The Contractor must supply the Agency's Program Manager with a copy of the Contractor's safety and spill plan by March 1, annually. This information will then be included in the Agency’s Work & Safety Plan. The Contractor must also provide essential safety equipment.

1.5.9 INSECTICIDES AND ADJUVANTS

1.5.9.1 PURCHASING, STORAGE, & TRANSPORTATION - The Contractor must provide the insecticide and Gypchek carrier used on this project and arrange for delivery of the product to a suitable site where it will be secure and protected from damage.

The Contractor must ensure that adequate supplies of insecticide are in the project area to ensure efficient operation.

The Contractor must also assure that its personnel and Agency personnel are aware of the locations of these supplies. Generally, insecticides are stored at the airport operations site. The Contractor is also responsible for handling and transporting the insecticide from any storage site to the aircraft loading zones.

1.5.9.2 The Contractor must supply and transport the water used for mixing for all applications. Only water sources approved by the Agency may be used. Water sources must be located by the Contractor prior to the April 15th meeting and the Agency must be apprised of their location by that date.

1.5.9.3 ACCEPTABLE Bacillus thuringiensis, subsp. Kurstaki (Btk) FORMULATIONS - These formulations include but are not limited to Foray 48B and/or Foray 76B. The Agency Program Manager will determine the formulation(s) to be used on the Contract. The Agency Program Manager will notify the Contractor within twenty

(20) calendar days after the contract award notification of the exact Btk formulation(s) to be used on the Contract. All Btk products purchased for use in the Agency's program must be new material manufactured within 6 months of the date of application and delivered in 55-gallon drums, mini bulk, and/or bulk tanker.

1.5.9.4 ACCEPTABLE DIFLUBENZURON FORMULATIONS - Dimilin 4L. All Dimilin 4L will be applied at 1.0 ounce (.5-ounce active ingredient) per acre with a final spray volume of 96 fluid ounces per acre (3/4 Gal.).

1.5.9.5 ACCEPTABLE TEBUFENOZIDE FORMULATIONS – Mimic 2LV. All Mimic 2LV will be applied at 5.0 ounce (1.2-ounce active ingredient) per acre with a final spray volume of 96 fluid ounces per acre (3/4 Gal.).

1.5.9.6 ACCEPTABLE SPONGY MOTH NUCLEOPOLYHEDROVIRUS – Gypchek

All Gypchek formulations will be provided by the USDA Forest Service.

1.5.9.7 ACCEPTABLE GYPCHEK CARRIER:

1.5.9.7.1 Carrier 038-A (OMNOVA Solutions, Inc.)

1.5.9.7.1.1 The Gypchek Carrier (Carrier 038-A) must be ordered by the Contractor through the USDA Forest Service with OMNOVA Solutions, Inc.

1.5.9.7.1.2 Food grade molasses and water mixture (25% / 75%)

1.5.9.7.1.3 Final carrier spray volume of 96 fluid ounces per acre

(3/4 Gal.). The contractor must supply, store, and transport the carrier used for mixing.

1.5.9.8 INDUSTRY CONTACTS - For information on purchasing Btk, and the Gypchek carrier, contact the following:

Foray & Mimic Products Gypchek & Gypcheck Carrier 038-A

Valent BioSciences USDA Forest Service Jacques Dugal John Kyhl 1910 Innovation Way, Ste.

199 Benson Road

Libertyville, IL 60048 St. Paul, MN 55108 Cell: 418-261-0823 Work: 418-839-6665

651-336-7706

Jacques.dugal@valent.com John.f.kyhl@usda.gov

1.5.9.9 STICKERS – Sticker additive will not be added to any Btk, Mimic, or Dimilin formulations. A sticker should be added to Gypchek formulations. USDA Forest Service recommends adding the sticker Bond® (Loveland Industries) at a 2% rate.

1.5.9.10 OPERATIONAL PROBLEMS - The Contractor must determine what, if any, operational problems exist with any product. These problems may include handling, mixing, storage, transportation, and spraying difficulties. To the best of the Agency's knowledge, no adverse characteristics exist with any of the listed products. It is the Contractor's responsibility to ensure a trouble-free operation with the material purchased. If a delivered product presents operational problems, it must be replaced within twenty-four (24) hours.

1.5.9.11 CONTAINER DISPOSAL - The Contractor is responsible for the proper disposal of all insecticide and adjuvant containers as specified on the product label.

1.5.9.12 INSECTICIDE MIXING, HANDLING & HOLDING - All insecticides must be mixed at the work site as needed and only in quantities sufficient to keep the spray aircraft in operation. Mixing is done during the pre-flight check in the morning and while the aircraft is out spraying. At no time is the quantity of mixed material at the work site permitted to exceed the capacity of the mix tank. The decision to mix insecticide as well as the quantity to mix is the responsibility of the Contractor.

1.5.9.12.1 The aircraft spray equipment must be cleaned and flushed from prior usage before commencing the spray project. Exclusions from this requirement may be granted at the discretion of the Agency Program Manager.

1.5.9.12.2 All insecticides must be mixed in strict accordance with the insecticide manufacturer’s recommendations. Mixing procedures along with allowable storage periods for the mixed insecticides are prepared by the Agency for the formulations used based upon the manufacturer’s recommendations and are given to all personnel involved in insecticide mixing. Mixed material must be sprayed within the time limits established by the Agency.

1.5.9.12.3 Mixed batches of Dimilin 4L may be sprayed within 48 hours of mixing if the batch is properly reagitated. Dimilin 4L is mixed by first putting 1/2 the desired quantity of water into the mixing tank and then adding the desired amount of Dimilin 4L and then agitate. The remainder of the water is then added.

1.5.9.12.4 All Btk will be applied undiluted, so no mixing is required. During Btk operations all application equipment will need to be rinsed and flushed before the beginning of the spray program, and after spraying each day. The advent of improved formulation technology no longer requires this practice with some of the improved formulations.

Exclusion from this requirement may be granted at the discretion of the Agency Program Manager.

1.5.9.12.5 Gypchek powder will be added to the carrier in a 5-gallon bucket to produce a slurry. The slurry can then be added to the hopper of the mixing tank. During Gypchek operations all application equipment will need to be rinsed and flushed after spraying each day. This mailto:Stephen.Nicholson@valent.com procedure is necessary to prevent particle matter from settling and damaging the seals.

1.5.9.12.6 Mixed batches of Mimic 2LV may be sprayed within 48 hours of mixing if the batch is properly reagitated. Mimic 2LV is mixed by first putting 1/2 the desired quantity of water into the mixing tank and then adding the desired amount of Mimic 2LV and then agitate. The remainder of the water is then added.

1.5.10 AIRCRAFT

1.5.10.1 GENERAL SPECIFICATIONS & OPERATIONAL LIMITATIONS: Helicopter(s) must be provided with separate ground support equipment, personnel, mixing tanks, fuel, support trucks, etc., so that the helicopter(s) can work from remote heliport in the field. The ability to ferry only short distances has proven to be the most effective way for helicopters to operate in the Ohio spray program.

1.5.10.1.1 Aircraft Description - The Contractor must complete and submit with the solicitation responses a list of all spray aircraft and backup spray aircraft as specified on Attachment 1.

1.5.10.1.2 Licenses - Every aircraft furnished for this Contract must be properly licensed under regulations of the Federal Aviation Administration.

1.5.10.1.3 Condition - Each aircraft must be clean inside and outside and must fully comply with FAA directives and specifications and any pertinent laws and regulations of the State of Ohio.

1.5.10.1.4 Equipment - All equipment specified in these Contract Specifications for use in or upon any aircraft must be FAA approved or the Contractor must have an FAA field approval (FAA Form 337) from the FAA Flight Safety District Office serving the Contractor's home base of operations.

1.5.10.1.5 Engines - Each aircraft engine must meet FAA specifications and must be in first class operating condition. Engine and airframe logs must be present at the time of inspection.

1.5.10.1.6 Inspection - Agency personnel will inspect the Contractor's aircraft to determine if they meet the Contract specifications. Performance tests, as necessary, will be conducted at a location mutually agreed upon by Agency personnel and the Contractor. The Contractor assumes all expenses related to operation of the aircraft and the pilot’s time during these tests. The Agency may request this inspection be held within twenty (20) days after the solicitation opening, or any time after the awarding of the Contract if approved by the Agency's Program Manager.

1.5.10.1.7 Exclusive Assignment to the Agency - Once an aircraft and its assigned pilot, ground support equipment, and support crew report on-site and are solely assigned to the Agency, no substitutions may be made unless the aircraft, equipment, or person becomes incapacitated. While an aircraft is solely assigned to the Agency, the aircraft and its assigned pilot, ground support equipment, and crews are not permitted to do any other spraying for any other agency or individual if that other work will interfere with the work of the Agency.

Upon completion of their work on this Contract, aircraft will be released by written consent of the Agency's Program Manager.

1.5.10.1.8 Incapacitation - In the event that any aircraft under contract becomes incapacitated it must be repaired within 24 hours of the original breakdown. If the aircraft cannot be repaired and returned safely to full operation, it must be replaced with an aircraft of similar capabilities subject to all the provisions of these Contract specifications. The Contractor must provide 1 standby spray aircraft in reserve, that must be at the job site and fully operational under the terms of this Contract within twenty-four (24) hours of being so requested by the Agency Program Manager. The replacement aircraft must be insured for aerial application of insecticide in Ohio and must be approved for use by the Agency's Program Manager.

These aircraft must be listed on Attachment 1.

1.5.10.1.9 Aircraft Refueling - Any refueling of the aircraft d while the engine is running and/or the rotor spinning must be done by hose line and nozzle only. Fueling from containers will be permitted only during complete engine shut down. Proper aircraft and/or fuel truck grounding procedures with a FAA approved grounding kit must be followed while refueling.

1.5.10.1.10 Reserve Fuel - A minimum twenty (20) minute reserve fuel supply over the amount needed for the planned round trip is required for each flight.

1.5.10.1.11 Loading - The pilot is responsible for the proper loading of the aircraft.

Loading is under the pilot's direction and must be inspected by the pilot before takeoff. The weight must not exceed the maximum gross weight specified by the aircraft manufacturer. The pilot must compensate for altitude, temperature, landing zone conditions, and any adverse flying conditions.

1.5.10.2 AIRCRAFT SPRAY SYSTEMS GENERAL SPECIFICATIONS

1.5.10.2.1 Tanks - Leakproof corrosion-resistant tanks with exterior filler openings must be used. The location and size of tanks must not impair the air-worthiness by overloading or displacing the center of gravity beyond acceptable limits. Filler openings or necks must be large enough to prevent surging during filling. Tanks must be vented to the outside of the fuselage.

1.5.10.2.2 Emergency Dump System - Each aircraft must be equipped with an emergency jettisonable load dumping system or emergency non leaking dump valves of adequate capacity and adequately vented to dump the load and installed to prevent blow back into the fuselage.

In no case must the ratio between gallons carried and the surface area of the dump valve opening as measured in square inches be greater than 7.65 to l. Exposed valve control linkage must be protected to prevent unintentional opening of the valve in any manner. The control lever must be substantially mounted in the cockpit within easy reach of the pilot when properly wearing the shoulder harness.

1.5.10.2.3 Pumping System - The pumping system must be securely attached and capable of maintaining the pressure required insuring the even distribution of the insecticide. All plumbing and pumps must be large enough to handle the required flow. All parts, including pump seals must be chemically and abrasively resistant to the spray material being used.

1.5.10.2.4 Pressure Gauge - An accurate liquid-filled spray pressure gauge must be located so that it can be easily read by the pilot.

1.5.10.2.5 Shut Off - To avoid contamination of areas not scheduled for treatment, the entire spray system must be leak-proof and have a positive shut off mechanism capable of eliminating dripping from the nozzles.

1.5.10.2.6 System Cleaning - The aircraft spray system including tanks must be cleaned of all foreign material and flushed with water prior to the start of the spray operation. The Contractor must provide daily maintenance of the aircraft. Daily the Contractor must clean all screens, check for leaks and clogs, verify pump pressure, and monitor flow rate.

1.5.10.2.7 Strainer - Each aircraft must be equipped with an in-line strainer (no finer than 30 mesh) to filter all material before it enters the spray boom.

1.5.10.2.8 Spray Timer - Each aircraft must be equipped with an electronic flow metering system such as a Crophawk that is activated automatically when the spray switch is operated. The system must be capable of providing an accurate measurement of the cumulative spray time in minutes and tenths or minutes and seconds.

1.5.10.2.9 Boom System - Each aircraft must be equipped with an approved boom system of the type typically utilized for the delivery system being used. This system must have: (a) nozzles located so that material is not sprayed onto any part of the ship’s structure; (b) all nozzles rigidly attached to the boom without flexible dropper hoses;

(c) bleeder lines installed at the ends of the boom feeding back to the outboard nozzle, if that nozzle is installed more than 5 inches from the boom end; (d) the total boom length as measured from outboard nozzle to outboard nozzle must not exceed 75% of the aircraft's wing span for fixed-wing aircraft or 75% of the rotor diameter for rotary-wing aircraft.

1.5.10.2.10 Pump Pressure - The pump must have an effective operating pressure range of 20-50 psi.

1.5.10.3 Nozzles - Rotary atomizers are required for spray aircraft flying at an application airspeed of less than 140 mph. Either rotary atomizers or hydraulic nozzles are permitted on spray aircraft flying at an application airspeed of 141 mph or more.

The nozzle systems must meet the following specifications.

1.5.10.3.1 Hydraulic - Nozzles must be of either the flat fan or hollow cone type.

All nozzles on any aircraft must be of the same type.

1.5.10.3.2 Tips of the proper sizes to produce an acceptable flow rate and a droplet volume median diameter (VMD) of 150 microns for Btk applications and a droplet VMD of 250 microns for diflubenzuron applications must be provided. All nozzle tips being utilized on an aircraft at any given time must be of the same size.

1.5.10.3.3 Only stainless-steel nozzle tips are permitted. Excessively worn (>10% of the original orifice) tips are not permitted.

1.5.10.3.4 Nozzles must be properly positioned relative to the line of flight to take advantage of wind speed to assist in breakup and dispersion of droplets.

1.5.10.3.5 Each nozzle must be equipped with a 30-mesh wire screen or slotted strainer. It is possible that the screen or strainer will be removed during the spray operation, but it must be available if needed.

1.5.10.3.6 Rotary Atomizers - Micronair, Beecomist, or similar Agency approved rotary atomizers are acceptable provided that the units have the capability of adjusting the screen rotation speed to change the droplet size. All rotary atomizers on an aircraft must be of the same type and model.

1.5.10.3.7 Enough of the proper size and type rotary atomizer must be provided for the aircraft being utilized to produce a uniformly dispersed spray cloud with a droplet volume median diameter (VMD) of 100 microns for Btk application and a droplet (VMD) of 200 microns for duflubenzuron and Gypchek applications.

1.5.10.3.8 The installation, adjustment, and calibration of the rotary atomizers, including the number installed per aircraft, must be made in strict accordance with the manufacturer's recommendations to permit the application of the specified spray volume per acre. The flow rate for each individual rotary atomizer installed on a boom must not deviate ± 10 percent from the average flow rate for all rotary atomizers installed on the boom. Any rotary atomizer that deviates by more than ± 10 percent must be replaced. All used units must be properly cleaned and serviced and be in good working condition. All new rotary or rebuilt atomizers must be used for at least 2 hours before use on this Contract.

1.5.11 CALIBRATION CHARACTERIZATION

1.5.11.1 The Contractor's spray aircraft must arrive on site properly calibrated for the insecticide and rate of application specified. The Agency may verify the calibration by checking the flow rate of each aircraft prior to the start of the operation. If the calibration is incorrect, the Contractor must correct it immediately without causing any delay in the start of operations.

1.5.11.2 Dependent upon the delivery system and the dilution rate of the insecticide being used, calibration verification will be made using either water or the insecticide slated for application. The flow rate from the spray system will be monitored periodically during the spray operation and must be maintained within 5 percent of the desired flow rate.

1.5.11.3 Flights over card lines to characterize spray swath and droplet size may be required prior to the start of spray operations. Standardized characterization techniques will be utilized. There will be no separate additional charge to the Agency for flights or for the insecticide used in making calibration or characterization checks.

1.5.12 RADIO COMMUNICATION EQUIPMENT

1.5.12.1 Aircraft Band Radio - Prior to being approved by the Agency, all spray planes, observation aircraft and contactor ground crew must be equipped with programmable aircraft (FAA frequencies) VHF transceivers approved by the FAA and FCC. The Contractor's ground support personnel must be supplied by the Contractor with a portable VHF transceiver which will permit communication and monitoring of the spray aircraft and observation aircraft. The Contractor's ground crew must also be equipped by the Contractor with a portable programmable FM radio meeting the same specifications as described in Ground Support Equipment Section 1.6.16.

1.5.12.2 VHF Communications – Each spray and observation aircraft must be equipped by the Contractor with an operating VHF-AM (VHF-1) aeronautical transceivers with channels covering a range of 118.000 to 136.975 MHz, channel selection increments no greater than 25 kHz, and minimum 5 watts output. The channels available must include the tower and ground control frequencies used in operation and the capability to monitor a second frequency. Exact frequencies to be used will be determined after the Contract is awarded. The receiver for the VHF communications system must not be part of a navigational system.

1.5.12.3 The Agency will provide its Project Operations Staff…