Statement of Work.pdf

ORG: 0300

Pennsylvania Department of Transportation Engineering District 3-0

Statement of Work Herbicide Spraying Program Services

GENERAL PROVISIONS

General Information Executive Order 2021-06, Worker Protection and Investment Public Bid Opening Questions and Answers Term of Contract Extension of Contract Term Type of Contract Unit of Measure Estimated Quantities Contractor Qualification Requirements Project Manager Personnel Requirements Pesticide Spray Program Information Complements Equipment Inspection Pre-Season Work Meeting Spray Equipment General Important Application Notes Liability Safety Spill and Incident Response Plan PennDOT’ s National Pollutant Discharge Elimination System Permit (NPDES Permit NO: PA0270792) Requirements PennDOT’ S Strategic Environmental Management Program (SEMP) Requirements Non-Compliance Work Status / Job Site Reporting Material Special Billing Requirements Accessing PennDOT iPad Applications for Business Partners Contract Pay Item Specifications Contract Pay Item Requirements Copy of Equipment Inspection Reports Attachment List

ONLY CERTIFIED SMALL BUSINESSES ARE ELIGIBLE FOR AWARD: PennDOT has designated this contract as a Small Business Procurement to provide DGS-certified small businesses with opportunities to compete against other DGS-certified small businesses for Commonwealth agency and DGS statewide contracts under the Small Business Procurement Initiative (SBPI) set forth in Executive Order 2011-09. Only certified small businesses are eligible to submit a bid and receive an award. The small business requirements and certification process can be found on the following site:

https://www.dgs.pa.gov/Small%20Business%20Contracting%20Program/Pages/default.aspx .

GENERAL INFORMATION

A. The Pennsylvania Department of Transportation, hereinafter referred to as

PennDOT, requires roadside pesticide spraying services within the guidelines described in Chapter 13.4 of PennDOT’s Maintenance Manual (Publication 23,) and this Statement of Work. PennDOT Publication 23 is available on PennDOT’s website at http://www.dot.state.pa.us/ at the “Forms, Publications & Maps” page.

Work is to be performed within District 3-0 which includes Bradford, Columbia, Lycoming, Montour, Northumberland, Snyder, Sullivan, Tioga, and Union Counties.

Department Force Spray Crews make applications in Columbia, Lycoming, Montour and Sullivan counties. The focus of this contract will be in Bradford, Northumberland, Snyder, Tioga, Union Counties and selected roads in Lycoming, Montour, and Columbia County. Should Sullivan County have a need for contracted applications, these contract complements may be used.

The services provided shall be consistent with standard operating procedures and applicable Federal, State, and Local laws, rules and regulations for the protection of public health and the environment. This includes following OSHA safety requirements and other agencies involved in the application and regulation of pesticides. Pesticides applied shall be herbicides.

This work shall consist of furnishing all the specified materials, equipment, personnel, liability insurance, safety equipment, a current Pennsylvania Hypersensitivity Registry to all crew complements, and industry accepted practices necessary for the professional applications of herbicides to roadsides or other areas.

All herbicide applications shall be performed in accordance with PennDOT Publication 23 – Maintenance Manual, Chapter 13, Section 13.4 (except in cases where it conflicts with direction contained within this contract, in which case, the contract prevails). The District’s Project Manager for this contract will be a District Roadside Specialist (DRS).

Spray programs shall be completed within the window of application dates as outlined in Publication 23 – Maintenance Manual, Chapter 13, Section 13.4 and which maybe more defined in the seasonal spray crews program workbooks. In https://www.dgs.pa.gov/Small%20Business%20Contracting%20Program/Pages/default.aspx http://www.dot.state.pa.us/ addition to the spray program activities numbers 714-7711-03 through 714-7715-03 there would be sub-spray programs with a range of application dates that would need to be adhered to for completion. The contractor’s Project Manager shall monitor spray program progress and adjust work days should weather limit the number of application days within a program or subprogram.

The herbicides shall be applied in a manner consistent with the use, directions on the label, and in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act as amended (FIFRA), and the Pennsylvania Pesticide Act of 1973 as amended.

The Contractor shall exercise extreme care when applying herbicides adjacent to agricultural crops and other sensitive vegetation.

B. Concurrent Contracts: PennDOT reserves the right to solicit IFBs and award work for additional contracts or Contractors, to run concurrently with this contract, under different payment type structures such as lump sum and mileage units of measures.

C. Subcontracting: Although other opportunities exist such as traffic control and material acquisition etc., subcontracting of herbicide application will not be permitted.

Executive Order 2021-06, Worker Protection and Investment

Pursuant to Executive Order 2021-06, Worker Protection and Investment (October 21, 2021), the Commonwealth is responsible for ensuring that every Pennsylvania worker has a safe and healthy work environment, and the protections afforded them through labor laws. To that end, contractors and grantees of the Commonwealth must certify that they are in compliance with all applicable Pennsylvania state labor and workforce safety laws. Such certification shall be made through the Worker Protection and Investment Certification Form (BOP-2201) and submitted with the bid, proposal or quote.

PUBLIC BID OPENING: Public Bid Opening Will Be Held Virtually via Microsoft Teams.

Please contact Sandra Duke at sanduke@pa.gov.

Questions & Answers: All questions and answers will be posted to the Solicitation in eMarketplace for public viewing. Please send your questions via email to Sandra Duke at sanduke@pa.gov by Friday, March 6, 2026, 10:00 AM eastern standard time.

TERM OF CONTRACT: The initial term of the Contract shall be 1 year. The Contract may be mutually renewed for a maximum of 4 additional 1-year term(s). The anticipated start date of the contract shall be no earlier than April 1st , 2026.

EXTENSION OF CONTRACT TERM: The Commonwealth reserves the right, upon notice to the Contractor, to extend any single term of the Contract for up to three (3) months upon the same terms and conditions.

TYPE OF CONTRACT: If the Issuing Office enters into a contract as a result of this solicitation, it will be an “Established-Price Contract” with a with a two percent (2%) increase over the current unit prices at time of annual renewal and will contain the Contract Terms and Conditions attached to this solicitation.

Unit of Measure

7712-Nonselective Program:

Unit of measure for this item is center lane miles.

The successful bidder will be provided with tabulation sheets (Attachment F.) for each county prior to the beginning of the season.

This program is an end-result payment item. See billing and payment section.

7712- Stockpiles, park and rides, and other areas specified by the District Roadside Specialist:

Unit of measure for payment of spray complements will be on a per hourly basis.

7713- Selective Programs:

The Unit of Measure for payment of spray complements and additional shadow trucks is on a per hourly basis.

7715- Basal Program:

The Unit of Measure for payment of the Basal Program is on a per hourly basis.

ESTIMATED QUANTITIES

The number of hours worked are dependent on satisfactory work performance, program demands, and funding. All quantities of services, materials, and equipment are estimated and may be increased or decreased as required to complete the roadside spraying programs as described in this statement of work. The Department reserves the right to terminate this work if it is determined to be in the best interest to the Department.

CONTRACTOR QUALIFICATION REQUIREMENTS

The Contractor shall have been actively in the business of Commercial Pesticide Application for a minimum of two (2) years. The Contractor maybe required to provide proof prior to award.

The Contractor shall submit with their bid:

1. The name of a project manager.

2. The project manager’s 24-hour-a-day cell phone number

3. Provide a copy of their Commercial Pesticide Application Business License issued by the Commonwealth of Pennsylvania.

4. The Contractor must complete and return the attached Contractor

Information Form and the Certified Pesticide Applicator Licensing Form (See Attachments 1 and 2) with the bid.

The Commercial Pesticide Application Business License must include Category E (Right-of-Way Pest Control), and Category F (Industrial, Institutional, Structural, and Health Related) and/or any other category necessary to perform services in accordance with this Statement of Work.

The Contractor’s Certified Commercial Pesticide Applicator(s) assigned to spray truck items shall have, adequate training, experience and be competent in making applications on the right-of-way and PennDOT properties. Certified applicators shall have current certifications for Category 10 (Right-of-Way), and at least one applicator with certification in Category 23 (Park / School Pest Control) when applicable, and/or any other category necessary to perform services in accordance with this Statement of Work.

Subcontracting of this work will not be permitted.

Project Manager

The contractor shall name one person as Project Manager. The Project Manager is a non-pay item.

The Project Manager:

1. Shall be the Contractor’s primary point of contact for the Department.

2. Shall be the primary individual managing the Contractor’s crews’ day-to-day operations and activities within District 3. The following activities shall apply to the role of Project Manager as it relates to District 3’s contracted herbicide application program. This shall include, but is not limited to:

a. Scheduling the herbicide crews.

b. Managing billing issues and discrepancies.

c. Tracking purchase orders’ items and hours.

d. Handling equipment issues.

e. Managing personnel issues.

f. Monitoring the progress of the herbicide programs to ensure completion dates are met.

g. Determining additional herbicide material needs and relating that information the District Roadside Specialist.

h. Assisting the District Roadside Specialist in answering property owner questions and concerns relating to herbicide application activities.

i. Field-viewing upcoming and/or completed projects with the District

Roadside Specialist.

j. Accurately relaying individual and general project needs, expectations, and information to the herbicide crews from the District Roadside

Specialist.

3. Shall be accessible by cell phone and email and respective contact information shall be provided to the District Roadside Specialist two weeks prior to the start of any work.

4. Shall not be any of the individuals from the spray crew complement personnel.

5. Shall be available for a maximum of 3 (three) in-person meetings with the

District Roadside Specialist per week. These meetings shall be at the

Department’s request and located within the geographical area of District 3.

6. Shall be required to transport the District Roadside Specialist to a maximum of 3 (three) field-site meetings and/or locations within the geographical area of

District 3 and at the District Roadside Specialist’s request.

7. Shall be required to transport herbicide materials from a Department storeroom located within the geographical area of District 3 to a Contractor’s herbicide crew’s District 3 field-site location as needed and at the District

Roadside Specialist’s request. This shall occur no more than 12 times per calendar year.

8. Shall be required to review all “No Spray” permitted areas within District 3-0 with the appropriate applicator prior to completion of those State Roads unless otherwise directed by the District Roadside Specialist.

Should the individual assigned to the role of Project Manager change during the contract period, the Contractor shall notify the D3 Roadside Unit within 48 hours of such change.

PERSONNEL REQUIREMENTS

The Contractor shall supply operators and applicators for each complement as indicated in the complement specifications.

If the Certified Commercial Pesticide Applicator(s) assigned to this contract are to be replaced, the DRS shall be notified at least 5 business days in advance. PennDOT may require a meeting to meet new applicator(s), review qualifications and capabilities as required, prior to the applicator working in the District.

PennDOT reserves the right to have any crew member removed from the project at any time at its discretion.

In addition to the Project Manager, each complement working shall have designated a working Foreperson. The Foreperson shall have a cellular phone and the number provided to the DRS prior to the start of any work. The Foreperson of each complement shall be responsible for the following items:

1. Varying rates of application based upon all site conditions such as spray material, vegetation to be controlled, weather, speed of equipment, wind velocity, and traffic conditions.

2. Be proficient at adjusting spraying systems, nozzles and spray patterns for an efficient and effective application.

3. Daily recording on county spray program maps (supplied by the DRS) of the routes completed.

4. Familiarization with the areas to be treated within each County. It is imperative that each crew Foreperson be familiar with the geographical area to maintain smooth, efficient operations and PennDOT No Spray Permit areas.

5. Working knowledge, procedures, and requirements for documenting the pesticide application using Form M-609, Roadside Activity Report.

Form M-609s shall be filled out completely and submitted via the I-pad App portal preferably at the end of each work day, or prior to commencing the next day application, and no later than 24-hours after the application date.

6. Maintaining a current copy of Pesticide Hypersensitivity Registry and following all guidelines related to contacting individuals listed in this publication.

7. Review program route maps and spreadsheets listing No-Spray permit locations. Do not apply materials within the boundaries of a No-Spray permit.

8. Contacting the DRS by 8:00 AM each day to list the roads that are planned to be treated with a pesticide application during that day.

9. Possessing knowledge and ability sufficient to maintain and field adjust the equipment to sustain a continuous and productive operation.

10. Possessing the professional and technical ability to distinguish between desirable and undesirable vegetation.

11. If working on an interstate or limited access roadway, contact the Regional Traffic Management Center (RTMC) at (570) 368-4216 to report locations of work. Contact the RTMC when work is completed in that given area.

PESTICIDE SPRAY PROGRAM INFORMATION

Unless indicated otherwise within this Statement of Work, the Contractor shall furnish all equipment, personnel, and materials for roadside pesticide spraying service work. Maintain the equipment in good condition for the duration of the Contract.

The pesticide spray programs for the District are outlined on County Maps and available for review in the office of the District Roadside Specialist.

All spray program maps and workbooks provided to the Contractor shall be returned to the DRS at the end of the application season.

Complements

A. The Department reserves the right for additional complement(s) which is equivalent, comparable, or capable as performing the same task and as approved by the DRS. Payment for additional complements will be billed to the department at the bid price. This additional complement(s) will be made available to the Department within ten (10) calendar days of a request or other mutually agreed upon date.

B. The following is the title of the equipment complements found in these specifications:

I. Large Spray Truck Complement II. Small Spray Truck Complement III. Boom Spray Truck Complement IV. Backpack Spray Complement V. Additional Shadow Vehicle with Impact Attenuator and Operator (TMA with

Operator).

C. The hours the complements may be used in operation may be more than forty (40) hours per week. Thereby, if paying overtime to employees should be an issue, additional complements or crew work shifts may be needed. No overtime rates will be paid by PennDOT.

D. Do not permit any complement to work with one person absent unless approved by the DRS.

EQUIPMENT INSPECTION

After the bid opening and prior to award, the apparent low bidder shall demonstrate to the DRS that the equipment proposed for use in meeting the requirements of the contract is of sufficient capacity and quantity, and that all such equipment is in good working order. Additionally, the apparent low bidder may be asked to demonstrate that the personnel employed for providing the services required by the contract are sufficiently trained to operate the Contractor’s proposed equipment fleet. The demonstration may also include Work Zone Traffic Control Vehicles needed for compliance with Traffic Safety Requirements as defined in the current version of PennDOT Publication (Pub) 213. Should the Contractor not own and therefore, would be renting or leasing Work Zone Traffic Control Vehicles as needed, such as Shadow Vehicle Truck Mounted Attenuator (TMA), the Contractor shall provide documentation that they have access to these additional pieces of equipment by a letter from the intended provider/ rental company by the date of the demonstration.

Within five (5) calendar days after the bid opening, the DRS will coordinate with the apparent low bidder regarding the time and location of the demonstration. Location will be at the discretion of the Department. Demonstration to occur within ten (10) calendar days after the bid opening.

PennDOT will provide the Contractor written communication regarding the outcome of the equipment demonstration. At the discretion of the DRS, the apparent low bidder may be provided with up to five (5) additional calendar days after an initial, unsuccessful demonstration of equipment and personnel acceptability to prepare for and satisfactorily complete a second demonstration. If the apparent low bidder fails to demonstrate the acceptability of its equipment and/or personnel as outlined in the specifications or attached equipment inspection report, the apparent low bidder will be deemed nonresponsive and not responsible, and its bid will be rejected. The contract will then be awarded to the next lowest responsive and responsible bidder that successfully demonstrates the acceptability of its equipment and personnel.

If changes to equipment and/or personnel are made after the award, the Contractor may be asked to successfully demonstrate the acceptability of the equipment and/or personnel as specified above.

Pre-Season Work Meeting

Project Manager and spray crew complements as requested by the DRS shall be required to attend a pre-season meeting, at the expense of the Contractor, with a DRS at a location within the District boundaries. This meeting will include but not be limited to; providing spray program details, spray truck pattern and calibration verification, and safety. This meeting may be approximately four (4) hours in length and most likely will occur in April of each year at a location, date, and time agreed upon by the Contractor and the Department.

The DRS and the Project Manager shall communicate as needed throughout the application season which may include but not limited to: adjust or modify the scheduled activities, meet with spray crews, field reviews of routes treated, progress reviews, and abutting property owner concerns.

The Project Manager shall provide each of their crew Foreperson a means to track daily purchase order line items available quantities. The Project Manager shall be responsible for not exceeding purchase order line item quantities. Should the available quantities in the purchase order line item be anticipated to not be sufficient to continue or complete the work, the Project Manager shall notify the DRS a minimum of two (2) business days in advance of impending shortages.

Spray Equipment General

All spray equipment shall be calibrated at a minimum of one time each week when in use and at the beginning of a new spray program. All spray equipment shall also be calibrated prior to starting work in a different county. Calibrations shall be documented on Form M-609 Roadside Activity Report.

For all tank mixing spray equipment, material shall be mixed in the tank water at the start of each day and reloaded as needed throughout the day. The volume of material mixed shall be limited to the anticipated amount that will be applied in that day. Spray tanks should be empty at the end of each day and not left with mixed material in them overnight. This approach is to minimize the degradation/ half-life of materials when mixed in water, Environmental/ Sound Environmental Maintenance Practices (SEMP), and minimize the risk from sabotage, vandalism, or theft of the Department materials. The status of the tank at the end of the application day shall be reported on the M-609 Roadside Activity Report as empty or the quantity of mixed material remaining if any.

When application vehicles are not in use or in the presence of a Contractor’s employee, the spray tank fill lid(s) shall be closed and locked. Should the tank have material in it, the spray tank shut off valve shall be closed and locked. If the application vehicle is equipped with injection tanks, these shall also be locked if they contain material and are unattended even if parked on department property. When a vehicle is not in the presence of an employee and has pesticide material on it, the ignition keys shall be removed, and cab doors locked.

At the Contractor’s expense, all vehicle’s exterior shall have a clean appearance and maintained with a clean appearance throughout the application season. At the request of the Roadside Specialist, equipment shall be washed/cleaned within forty-eight (48) hours of email notification.

A current Pennsylvania Application Business License number shall be placed on the sides of each Spray Truck as required by the Pennsylvania Department of Agriculture.

All spray vehicles (Large, Small and Boom Spray trucks) delivering pesticides shall be equipped with, at the contactors expense, a real-time GPS (Global Positioning System) Location Verifying Unit Receiver Signal System to record the location of the spray vehicles using GPS satellites. The spray vehicle GPS Location Verifying Units will be supplied, maintained, and installed by the Contractor at their expense for the duration of the Contract. The GPS Location Verifying Units system shall be capable of real-time and historic tracking of all spray trucks at the same time collectively or individually.

All spray vehicles (Large, Small and Boom Spray Trucks) shall be equipped with software capable of recording information related to the speed of the vehicle and the rate in which the material was applied. This information must be available to the District Roadside Specialist in real-time.

The Department reserves the right to download any stored or recorded information within the vehicles spray monitoring or location monitoring units at any time during the duration of the Contract. The Contractor is responsible for providing the Department with a website access location to view the GPS location of any spray truck at any time, in real-time. The website shall be compatible with Internet Explorer 11 and newer versions, and be compatible with Smartphone’s using the iPhone, Android, and Windows.

The units shall contain a means of collecting and delivering a summary of each day’s activities in the form of a report and map which will be correlated with the form M-609 Roadside Activity Report and used as a basis of payment for work performed.

The GPS unit reports submitted shall include but not limited to the following information:

I. State Routes traveled.

II. Locations along the traveled state routes.

III. Direction of travel along the state routes.

IV. GPS location coordinates.

V. Location and time correlated.

VI. Speed of travel.

VII. Contractor name, date, and applicators name.

VIII. Rate of application applied.

This information must be formatted into a file format compatible with The Department’s existing software. The Contractor will be required, at their expense, to provide all necessary software to provide the above-mentioned data. The GPS units will be supplied by the Contractor, and shall include the following:

IX. Tracking Units X. GPS antennas XI. Power cords

XII. Download cables XIII. Mapping software

Important Application Notes

Cable guiderail that is in median turf areas shall not be treated during the 714-7712 bare ground program, unless specifically requested by the District Roadside Specialist.

All “No Spray Permit Areas” shall not be treated unless specifically requested by the District Roadside Specialist and /or County Management.

Targets such as guiderail, sign posts, and delineators that are located along sections of roadways where it appears that the public (or property owner) is actively and routinely maintaining (primarily in residential areas) shall not be treated as part of the program whether or not they are signed as a “No Spray Area”.

Liability

The Contractor will be responsible for any off-target damages to Department, Commercial, and/or Private Property. The Contractor shall also be responsible for damage claims as provided for in Section 107.14 of the current PennDOT Specifications, Publication 408.

Safety

The Contractor shall provide on the equipment all necessary warning lights, flags, top-mounted rotating amber flashing lights, signs, and/or shadow vehicles. The Contractor shall exercise all precautions to minimize interference with the normal flow of traffic. All traffic control devices shall be in accordance with Publication 213 and any supplements. Conduct Maintenance and Protection of Traffic in accordance with the most current version of Publication 213 http://www.dot.state.pa.us/public/PubsForms/Publications/PUB%20213.pdf.

http://www.dot.state.pa.us/public/PubsForms/Publications/PUB%20213.pdf

The Contractor shall comply with all State and Federal laws and to OSHA safety requirements.

Spill and Incident Response Plans

A. A hard copy of the Contractor’s Spill and Incident Response Plans shall be submitted to the DRS. In addition, each Pesticide Spray Vehicle working on this Contract must have a hard copy in the vehicle always. The Spill and Incident Response Plan shall summarize the following procedures at a minimum:

1. Background and Applicable Regulations;

2. Incident Reporting Chain of Command;

3. Spill Preparedness Checklist;

4. Spill Response/Control Methods; and

5. Spill Response Procedures.

B. 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 any pesticides, additives, fuels, oils, or any other contaminants from Contractor-supplied equipment.

C. The Contractor shall reimburse PennDOT for all PennDOT supplied pesticide application materials that are spilled accidentally or intentionally. PennDOT will not pay for any spilled Contractor supplied water or tank mixes.

D. The contractor shall not take spray trucks outside the boundaries of District 3 after the start of the spray season without confirming with the DRS that it is permissible. The contractor shall not take District 3 materials outside the boundaries of District 3.

PennDOT’s (NPDES Permit NO: PA0270792) Requirements

A. The Contractor is responsible in helping the Department with satisfying the National Pollutant Discharge Elimination System (NPDES) Permit # PA0270792 regulations through record keeping, and by documenting the Contractor’s herbicide work.

B. The NPDES PERMIT NO: PA0270792 (including Renewals or Replacement Permits) Requirements are made a part of this contract. The permit may be found in this link:

https://www.penndot.gov/ProjectAndPrograms/RoadDesignEnvironment/Environmen t/Documents/PennDOT's%20NPDES%20Final%20Pesticides%20Permit%20(PA02707

92)%20Document.pdf https://www.penndot.gov/ProjectAndPrograms/RoadDesignEnvironment/Environment/Documents/PennDOT's%20NPDES%20Final%20Pesticides%20Permit%20(PA0270792)%20Document.pdf https://www.penndot.gov/ProjectAndPrograms/RoadDesignEnvironment/Environment/Documents/PennDOT's%20NPDES%20Final%20Pesticides%20Permit%20(PA0270792)%20Document.pdf https://www.penndot.gov/ProjectAndPrograms/RoadDesignEnvironment/Environment/Documents/PennDOT's%20NPDES%20Final%20Pesticides%20Permit%20(PA0270792)%20Document.pdf

PENNDOT’S STRATEGIC ENVIRONMENTAL MANAGEMENT PROGRAM (SEMP)

REQUIREMENTS

PennDOT has implemented a Strategic Environmental Management Program (SEMP) which complies with the ISO 14001:2004 standard. As part of SEMP, PennDOT has established a Green Plan Policy that can be found at www.dot.state.pa.us in the Forms, Pubs & Maps section, Pub 754, “Working with Business Partners to Protect the Environment” and is also posted at PennDOT District and County Offices.

The Green Plan Policy is designed to protect the environment, conserve resources, and comply with environmental laws and regulations. The Contractor shall ensure that its personnel (including the personnel of any of its subcontractors) are aware of PennDOT’s commitment to protecting the environment, properly trained about the environmental impacts of their work, and are competent (through appropriate work experience, job training or classroom education) to perform the work that they do.

Non-Compliance

If for any reason the Contractor fails to comply with the requirements of this contract, Section 108.09 of the current PennDOT Specifications, PUB 408, shall prevail.

In no case, will a complement operate when one crew member is missing. The Contractor shall not permit absenteeism to exist for more than two days in any work week unless a plan of action has been submitted via e-mail by the end of the second absenteeism day to make up for the lost work days.

WORK STATUS / JOB SITE REPORTING

Each crew complement Foreman shall have a cellular telephone and the telephone number shall be given to the Roadside Specialist before the first day of work.

Each crew complement foreperson shall report work status (working/not working) to the DRS by telephone each day; this report shall be made by telephone by 8:00 AM.

The call-in report shall include the complement’s location, planned routes, and the total number of hours worked the previous day. If a spray crew complement will not be working, or should end their work shift early, this too shall be reported.

Unless otherwise directed by the DRS, the start and end of the work shift to be billed shall begin no earlier than sunrise and work shall end no later than sunset, and only when sufficient daylight and/or weather conditions are available to safely complete work activities.

No scheduled work shall occur on the following holidays (except with PennDOT’s permission/direction):

1. New Year’s Day

2. Dr. Martin Luther King Jr. Day

3. President’s Day

4. Memorial Day

5. Juneteenth

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veteran’s Day

10. Thanksgiving Day

11. Day after Thanksgiving Day

12. Christmas Day

Monday is recognized as a holiday for all holidays occurring on a Sunday, and Friday is recognized for all holidays occurring on a Saturday.

PennDOT reserves the right to restrict work activities along any State Route during the days preceding and following any Holiday listed above.

Travel Time

No payment will be made for travel time to and from the site of the daily work.

Other travel time allowed to be billed is at the discretion of the DRS.

Material

Contractor Supplied:

1. The material for the 7712- Nonselective program and the 7712- Stockpiles, Park and Rides, and similar areas will be supplied by the contractor and included in the bid price.

2. Contractor supplied material must be EPA registered; registered for use in Pennsylvania by the Pennsylvania Department of Agriculture and labeled for roadside/right-of-way use. Only herbicides listed on the current PennDOT NPDES Permit are to be used. Herbicides used for the first year must be included with the bid document and also be from the current attached PennDOT NPDES Permit list. An updated list of approved herbicides will be provided to the Contractor before each application season

3. The Contractor shall supply the District Roadside Specialist product labels and Safety Data Sheets (SDS) for all materials that are planned to be used prior to the start of work.

4. For Contractor supplied materials, the Contractor shall supply the DRS a list of herbicides and mix ratios to be used for each spray program for approval prior to beginning any work. The DRS has the right to reject any proposed herbicide mix that they feel is not an adequate or proper mix for the individual application.

5. Along highways scheduled for herbicide application, crews must exercise caution when encountering sections of roadside that are adjacent to residential and commercial properties. Do not apply herbicides to shade trees or ornamental trees or bushes and plants where the property owners are providing maintenance.

6. PennDOT reserves the right to sample all Contractor supplied herbicide mixtures at the tanks and nozzles to determine the accuracy of mixes.

7. Contractor is responsible for storage and disposal of all the contractor supplied herbicide material.

Department Supplied Material:

1. PennDOT will supply herbicide material for the 7715 (Basal) program

2. PennDOT will supply herbicide material for the 7713 (Selective) programs

Contractor Supplied:

All equipment materials including but not limited to; water, lubricants, anti-freeze, and fuel shall be furnished by the Contractor.

Water used for this pesticide application shall be from a source mutually agreed upon by the Contractor’s Project Manager and the District 3-0, Roadside Specialist. Any costs incurred shall be paid by the Contractor. Water not suitable for being used as a carrier shall not be used. Such as:

a) PH level in water falls outside the preferred upper and lower boundaries for herbicide materials being used. Contractor may supply buffering agents or other additives at no additional cost to the department.

b) Turbid water. Cloudy or murky water shall not be used.

c) Water shall not be sourced from PennDOT Stockpiles and other Facilities unless otherwise permitted by the District Roadside Specialist.

Material Contingency:

The material contingency item of this contract will be utilized for pesticides when necessary to complete required programs for materials that are not on PennDOT inventory or readily available by PennDOT. All material, including shipping costs, will be paid for at the invoice price plus 10% and documented on the M-609 Roadside Activity Report. The awarded Contractor will be responsible to deliver this material to the appropriate county or to the job site as directed by the District 3-0 Roadside Specialist.

Special Billing Requirements:

1. The Contractor is responsible for daily documentation of services completed using form M-609 Roadside Activity Report. Failure to provide detailed or accurate information on the M-609 form may result in delayed or non-payment of services.

2. The Contractor shall initiate payment by completing the Confirmation of Services form (OS-501): http://www.dot.state.pa.us/public/PubsForms/Forms/OS-501.pdf and submitting to the Roadside Specialist.

• Each Form OS-501 shall be itemized, include the sufficient detail, and coordinate with the line items on the Purchase Order. The District Roadside Specialist will notify the Contractor if corrections are needed or if the OS-501 is accurate.

3. Pertaining to End Result

1. Nonselective- Spraying Program #1

i. This program shall begin in April and be completed by June 30 of each season.

ii. Treat the following ground areas with a non-selective, residual herbicide including any necessary adjuvants:

1) All guide rail from the edge of the pavement to one (1) foot behind the guide rail.

2) All joints and cracks in concrete traffic islands, concrete medians, divisors, and curb areas.

3) All signposts and delineators, the ground shall be treated as follows unless otherwise directed by the District Roadside Specialist:

a. Freeway/Expressway/Ramps: Four (4) feet in diameter around the base of the delineator/signpost shall be treated.

b. All other routes: Two (2) feet in diameter around the base of the delineator/signpost shall be treated.

4) Unit of measure for this item is center lane miles. The successful bidder will be provided with tabulation sheets (Attachment F.) for each county prior to the beginning of the season.

a. Payment Schedule:

http://www.dot.state.pa.us/public/PubsForms/Forms/OS-501.pdf

• Upon completion of application where indicated in a county, the Contractor shall submit an invoice for sixty percent (60%) of the lump sum assigned to that county.

i. Three (3) to four (4) weeks after the completion, the Contractor shall invoice for twenty percent (20%) of the lump sum bid in that county.

Upon receipt of this invoice, the DRS and a representative of the Contractor, shall inspect a representative sample of roadways previously completed. The Contractor shall be required to retreat any roadways, at their expense, that do not show ninety percent (90%) control of each target zone outlined below as determined by the DRS.

After retreatment of these areas is completed, the Contractors invoice shall be approved for payment.

ii. Three (3) to four (4) weeks after payment approval for the first twenty percent (20%) payment, the Contractor may submit final invoice to the Department for the remaining twenty percent (20%) of the lump sum bid. Upon receipt of this invoice, the DRS and a representative of the Contractor, shall inspect a representative sample of roadways previously completed. The Contractor shall be required to retreat any roadways, at their expense, that do not show a satisfactory level of control. Once the Contractor re-treats these roadways, the final twenty percent (20%) invoice will be approved for payment.

iii. Target Zone Definitions & ninety percent (90%) Control Requirements:

i. Barrier Zone: A section of roadway that contains a permanent structure, including guiderail, cable rail, concrete barrier used to channel traffic along the highway. Each individual Barrier Zone shall show ninety percent (90%) control of vegetation for the entire length of each segment. In addition, all other Spray Sites (signposts, delineators, etc.) that are installed within the Barrier Zone shall demonstrate the same level of vegetation control. Ex.: If a segment of individual guiderail/cable rail is one thousand (1,000) LF, ninety percent (90%) control is the complete absence of any vegetation for nine hundred (900) LF of that segment, as defined in the Spray Sites description above.

ii. Open Zone: A section of roadway that does not contain a permanent barrier and is located in between segments of Barrier Zones. All Spray Sites (signposts, delineators, etc.) that are located within the Open Zone shall be included. ninety percent (90%) Control: Each individual Open Zone shall show ninety percent (90%) control of vegetation for the entire length of each segment. Ex.: If an Open Zone area contains one hundred (100) Spray Sites (delineators, sign posts, bridge abutments), ninety percent (90%) control is the complete absence of any vegetation for ninety (90) individual Spray Sites for that segment, as described above.

iii. Ramp Zone: The area surrounding an individual ramp, terminating at the Right-of –Way of the intersecting roadway. Each ramp is considered a distinct Target Zone. ninety percent (90%) Control:

Each Ramp Zone shall show ninety percent (90%) control of vegetation for all Spray Sites located within it. Sections of permanent barrier (guiderail, cable rail, etc.) located within a Ramp Zone will be considered part of that zone. Ex.: If a Ramp Zone contains ten (10) Spray Sites (delineators, sign posts, bridge abutments), ninety percent (90%) control is the complete absence of any vegetation for nine (9) individual Spray Sites for that area, as described above.

iv. Interchange Zone: The area surrounding a series of ramps, terminating at the Right-of –Way of the intersecting roadway. Each interchange is considered a distinct Target Zone. Each Interchange Zone shall show ninety percent (90%) control of vegetation for all Spray Sites located within it. Sections of permanent barrier (guiderail, cable rail, etc.) located within an Interchange Zone will be considered part of that zone. Ex.: If an Interchange Zone contains ten (10) “Spray Sites” (delineators, signposts, bridge abutments), ninety percent (90%) control is the complete absence of any vegetation for nine (9) individual “Spray Sites” for that area, as described above.

Pertaining to Hourly:

Non-Selective Spraying of County Stockpile Facilities:

i. This program shall begin in April and be completed by June 30 of each season.

ii. The Contractor shall be provided locations of stockpiles, park and rides, and other locations to be treated in each county.

iii. The Contractor shall provide a non-selective, residual herbicide and any necessary adjuvants to complete this program.

iv. The DRS will provide guidance to areas to be treated at each stockpile facility to keep the area free of all vegetation. Fence lines around the perimeter of the facility shall be treated.

v. The unit of measure for this program is hours.

vi. Twenty-one (21) days after completion of spraying in a county, the

Contractor may submit an invoice for the total amount. Upon receipt of this invoice, the DRS and a representative of the Contractor shall inspect all areas completed. The Contractor shall be required to retreat any areas, at their expense, that do not show a satisfactory level of control. After retreatment of these areas, the invoice shall be approved.

vii. The Small Spray Vehicle Compliment is to be used for treating Stockpiles and Park and Rides.

i. In the event that the Small Spray Vehicle Compliment is unavailable for use at a given time, the DRS may allow the contractor to use the Large Spray Truck Complement to treat Stockpiles and Park and Rides at the Small Spray Vehicle rate.

2. 7713- Selective Program:

i. The Unit of Measure for payment of spray complements and additional shadow trucks is on a per hourly basis.

ii. “Billable” hours to the Department will include:

iii. Time spent applying herbicides as directed.

iv. Filling tanks with water at Department facilities (as permitted), from bodies of water within the boundaries of the PennDOT District, and/or at other approved sites within the PennDOT District.

v. Mixing herbicide concentrates within the PennDOT District.

vi. Routine calibration of equipment. Calibrate at a minimum of one time each week, at the beginning of a new spray program and when starting in a different county. Document calibrations accordingly on the M-609.

vii. Minor equipment repairs not to exceed fifteen (15) minutes per occurrence and not to exceed a total time of thirty (30) minutes per day.

viii. Time spent traveling from one work location to another work location or “deadheading” (driving on various state routes to get from one spray area to another and not applying herbicides for periods of time) during the workday. Discretion should be used in planning crew travel between worksites to minimize travel time. At the discretion of the DRS, if travel time is excessive billable hours may be reduced.

ix. Reasonable time spent for crew bathroom breaks.

x. When directed by the DRS, up to one (1) hour to flush the spray system when switching between application programs.

xi. When directed by the DRS, up to one (1) hour to complete the set-up equipment for a different spray program other than in the pre-season meeting.

xii. Reasonable time to complete required M-609 documentation while in the field.

xiii. Reasonable time to complete required maps while in the field.

xiv. Reasonable time to contact individuals on the hypersensitivity list.

Invoices

When the contracted work item is accepted by the Department, the Contractor may then invoice the Commonwealth at the “Bill To” address on the purchase order.

Untimely or incomplete submissions of Form OS-501 and required supporting documentation (including M-609s) may delay processing of a “proper invoice” as required by the Payment section of the Terms and Conditions.

NOTICE—IMPORTANT CHANGE IN CONTRACT ADMINISTRATION

While the Department reserves the right to request submission of the M-609 in other formats in the future as detailed below, the Department intends to replace paper Form M-609s with a mobile application (hereinafter the “application”), effective immediately for this procurement. Any reference throughout this document to the M- 609 shall mean the PennDOT Form M-609, which shall be completed by the Contractor via Department’s application unless directed otherwise by the DRS. To that end, the following requirements apply:

1. The Contractor shall become a PennDOT Business Partner, obtain credentials to utilize the application, and follow: Accessing PennDOT iPad Applications for Business Partners which provides guidance on registering to become a Business Partner and using the application.

2. The Contractor shall be responsible for the purchase, maintenance, and operation of all hardware including devices such as but not limited to compatible cellular telephones, or tablets necessary to utilize the application.

3. The Contractor shall submit all Form M-609s to Department via the application.

Once registered as a Business Partner, the Contractor shall have the ability to use the application statewide for roadside maintenance work and, as directed by Department and its authorized personnel, including without limitation the DRS, complete Form M-609 electronically, with the same binding legal effect as though certified in writing.

4. Department reserves the right, throughout the life of the contract, to make changes to Forms M-609 and/or OS-501, including their instructions, content, and all other requirements.

Accessing PennDOT iPad Applications for Business Partners

PennDOT Mobile applications (apps) are available to approved third parties to allow business partners to benefit from the efficiencies they provide. The distribution method for these apps is through the Apple Volume Purchase Program (VPP) store. To access these apps, third party business partners must first perform the following steps.

1. Ensure your iPad devices meet minimum hardware requirements PennDOT apps are designed to support iPad Air with a minimum of 16 GB of storage and newer running iOS 10.1 or newer. The apps have been tested with iPad Air, iPad Air 2, or iPad Pro as well, but for ideal experience, iPad Air 2 or newer is recommended. When procuring new iPad, Wi-Fi/cellular connection are both required to fully utilize our mobile applications. In addition, iPads must have a minimum of 4 GB of free disk space to allow for installing of apps and associated data.

2. Ensure your end users have access to CWOPA PennDOT Apps are configured using Commonwealth of Pennsylvania (CWOPA) credentials for authentication. The Department requires that each end user have their own unique CWOPA credential. Therefore, any end user who will need access to the M-609 app must have their own valid CWOPA credentials. To obtain CWOPA credentials, the Third-Party Business owner must contact their PennDOT District personnel and request to complete an OA HRSC-11 External Assignment form. Upon completion of that process, the Department District personnel will contact you. It is the Third-Party Business owner’s responsibility to distribute the corresponding CWOPA credential to each personnel who will access the PennDOT Mobile Apps. Furthermore, the Department requires that each end user create and update their own password. The Third-Party Business owner is responsible to provide directions to change the temporary password prior to accessing the app. Information on that process will be provided by the District personnel.

3. Enroll in the Apple VPP All custom Business to Business (B2B) apps will be made available to business partners through the Apple VPP store. This requires creating a Business Apple ID at deploy.apple.com. To register, you will need to provide a business phone number and email address, Dun & Bradstreet number, valid business address, and a tax registration number if applicable.

4. Notify PennDOT of your Apple ID and Requested Apps For security purposes, PennDOT iPad apps are provided only to “approved” business partners through the VPP store. This access is controlled by your Business Apple ID. Once you have registered, provide your business’s Apple ID with the request to gain access to the M-609 app by contacting the PennDOT IT Service Desk at 717-783-8330, or toll free 1-855-783-8330. Once your account has been approved and the apps made available, you will be contacted by the Department.

5. Download PennDOT Apps After receiving notification from the Department, the requested app will be downloadable through the Apple VPP store. A guide has been created to assist you in that process, Apple B2B Download Guide. You will need to indicate the quantity of the app you need and a corresponding number of unique, redeemable codes will be generated.

6. Distribute PennDOT Apps to your Users After downloading the redeemable codes, you need to use a distribution method.

You can either, (A) upload the redeemable codes into your own Mobile Device

Management (MDM) software to distribute them or, (B) distribute the redeemable http://deploy.apple.com/…