Attachment B PWS Patoka Wetland NNIS 2024.docx

Project Patoka Wetland NNIS 2024

Introduction/Background

The project area occurs within and adjacent to a Hoosier National Forest wetland area, which includes streamside, roadside, open-land, and forest habitats. The target species of reed canary grass, common reed and Johnson grass occur scattered throughout the area. The Site has been treated for Reed canary for several years. Reed canary is the primary plant to be treated. Johnson and phragmites might be found on site but is not verified. The wetland will be drained for spraying operations but due to weather may hold water longer.

General Treatment Specifications Non-Native Invasive Species (NNIS) plant treatments may include the use of hand methods, machinery, and chemicals to eliminate NNIS when possible or at least appreciably reduce their presence in the treatment areas.

The Contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, materials, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards in the contract. The Contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances. Contractors shall use selective herbicides or a selective method to reduce to surrounding non-target vegetation. Exceptions include those areas of dense infestations of NNIS. The Scope of Work will list any additional necessary requirements.

Herbicide applicators shall use typical herbicide concentrations according to all EPA approved manufacturer herbicide directions. The Contractor will mix herbicides in accordance with manufacturer’s instructions and any applicable laws or regulations. Application operations shall be conducted as indicated on the herbicide label, including approved concentrations, rates/acre, and environmental conditions. Only chemicals for aquatic use in or adjacent to streams shall be used whenever directed at or adjacent to waterways and wetlands such as the aquatic formulation of glyphosate (Rodeo ® or equivalent product). Only the use of Environmental Protection Agency (EPA) approved, non-restricted use chemicals are to be used.

The Contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills. The contractor must have herbicide labels and copies of material safety data sheets (MSDS) of chemicals used on site. The contractor must provide copies or notification by telephone or email of herbicide labels and MSDS of chemicals to the COR prior to the start of work.

This contract does not allow any indiscriminate broadcast applications or aerial spraying. Use of suitable dye is required to indicate where applicators have sprayed or used herbicides.

For foliar herbicide application during the growing season, the contract will require the use of selective herbicides or a selective method of application to reduce effects to the surrounding non-target vegetation. Foliar herbicide application will occur mainly after full leaf expansion and applicators will apply herbicides in a systematic fashion to provide coverage to the entire NNIS infestation. Contractor shall apply foliar spray in such a manner to thoroughly wet foliage, but not to the point of runoff to avoid harm or mortality to desirable non-target plant species.

Contractor will place caution signs around the sprayed areas according to the appropriate interval per label directions of the chemical used in application areas where the public may have contact with herbicide (e.g. trails, parking areas). Where necessary per label directions, caution signs may include a temporary closure of treatment areas.

Contractor will conduct treatments to the specified project area of the target NNIS infestation as identified in the Scope of Work. Contractor will conduct treatments at a sufficient interval and concentration to meet or exceed the kill rate ranging from 85-90% for target NNIS infestations, and with no more than 15% mortality to non-target native plant species because of inadvertent treatment or overspray of herbicides (refer to Quality Assurance Plan); or values specified in the Scope of Work.

All herbicide applicator staff must be able to identify target NNIS plant species in the field, including during dormant seasons, to a sufficient degree without exceeding the maximum acceptable levels of mortality to desirable non-target native species and to meet minimum kill rates to target NNIS infestations (refer to Quality Assurance Plan).

Recordkeeping and Daily Logs/Diary

Record requirements include copies of all material safety data sheets (MSDS) of chemicals used;

Contractor is required to maintain an accurate daily treatment log of work activities and chemicals applied in treatment areas per contract, with a copy made available to the COR prior to billing or upon request. The Contractor shall provide to the COR, a copy of the daily treatment log no later than upon submission of the final invoice. The daily log must record the Contract Line Item, target NNIS species’, chemical used (product name), quantity of herbicide (volume applied & unit of measure per each target NNIS species’ –including product and carrier/diluent), application rate (active ingredient applied & unit of measure or percent solution), and adjuvant used (product name & rate applied, if any). The log will record weather information consisting of wind velocity (MPH), wind direction, air temperature (F), condition (cloud cover), and precipitation (inches). Other log requirements includes date, time of day (start time and stop time), treatment location, approximate acres treated, hours to complete task, type of application (method/technique), name of licensed commercial applicator(s) and non-certified applicators and type of equipment used.

Equipment Cleanliness

Prior to starting work, the Contractor must clean all equipment used in NNIS control activities before entering the treatment areas. Project COR will inspect equipment on-site and may require further cleaning before moving to another treatment area as needed. Equipment must also meet FS fire and safety requirements.

Cultural Resources

If artifacts or cultural materials are discovered during project implementation, cease work and notify the COR, and the heritage resource specialist at 812-276-4748. If human remains are discovered, cease work, notify the COR, the heritage resource specialist, and secure the area.

Licensing and Certification

The Contractor and/or whoever will supervise the herbicide treatment must possess a current Indiana commercial pesticide applicators certification and license at the time of any herbicide treatments. Most contracts will require work under category 2 (Forest Pest Management), which is applicable for all treatments on the Forest.

The Contractor must also possess a current Indiana Commercial Pesticide Business License. Information on Indiana pesticide certification is available at http://www.isco.purdue.edu/.

The Contractor, or subcontractor, shall ensure that there is either an Indiana pesticide licensed applicator on-site at all times of treatments or ALL on-site personnel MUST be registered technicians that have access to immediate voice communication by telephone or radio with the licensed supervisor.

Inspections

At the discretion of the COR, the Forest Service will accept work based on visual inspection, to confirm kill rates to both target NNIS species and non-target native plant species. The Contractor may set up the Work Plan and Schedule to include interim inspections; however, interim inspections will only be done upon completion of at least one line item (CLIN). The Contractor shall complete the CLIN work according to the approved Work Schedule then request an inspection by the COR. Contractors are reminded that some work, such as herbicide application, cannot be immediately inspected, because an appropriate time interval must pass before determining whether the AQL has been met.

Invoicing

Invoicing is tied to successful inspection of work. The Contractor may only invoice after the COR has inspected the line item(s) work and the work is determined to have met the AQL. This applies to both interim and final payments. When invoicing for partial work payments, the Contractor shall provide information from the daily diary regarding the herbicide treatments done for the relevant specific contract line items.

Safety Plan

The Contractor will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees. The safety plan should include: 1) a chemical spill plan documenting internal procedures, in the event of a pesticide spill on-site or in transport, 2) documentation to substantiate that the Contractor has an ongoing safety training program, 3) documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued against the Contractor within the previous three (3) years, to include follow-up measures or remedies taken by the Contractor. The same safety plan information is required of subcontractors.

ATV/UTV Use

Where appropriate, vehicle or ATV/UTV/OHV mounted sprayers is permissible to apply herbicides in designated treatment area. Contractors cannot use ATVs with liquid cargo tanks exceeding 15 gallons. Wet weather conditions may preclude the use of vehicles and all-terrain vehicles (ATVs), utility terrain vehicles (UTVs) or off-highway vehicles (OHVs) in off road areas along trails or fields for indefinite periods or possibly the entire area at certain times of the year. The COR will determine those conditions or locations that warrant cessation of vehicle or ATV/UTV/OHV use. No rutting is allowed, if ruts occur contractor will be responsible for repairing them and will be shut down until done so.

Contract Line Item Number (CLIN) Treatment :

Spot spray Reed Canary Grass (Phalaris arundinacea), Common Reed (Phragmites australis) and Johnson Grass (Sorghum halepense) Item Number 01 is the base at 18 ac. Item Number 02 (16 ac) and 03 (8 ac) are option line items that may be exercised later.

Contractor shall apply foliar herbicide in specified locations and times as identified. Typically, work done in these areas is for treatment of smaller scattered infestations and/or NNIS populations that are interspersed with significant amounts of desirable native plant species.

Foliar herbicide application will occur only after full leaf expansion. Typically, foliar application would occur when native plants are dormant or by spot spraying of target species during growing season. Any restrictions on the timing of herbicide application in certain areas will be on the SOW.

Definitions:

1. Contracting Officer: A Forest Service employee with the authority to: enter into, administer, and terminate contracts, as well as issue determinations regarding such matters as claims.

2. Contracting Officer’s Representative (COR): A Forest Service employee that is appointed and officially designated by the Contracting Officer to assist the Contracting Officer with the technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of contractor performance.

3. Acceptable Quality Level (AQL): A suitable level of conformance based on an established percentage of defects.

4. Quality Assurance: Those actions taken by the Forest Service to assure services meet specified requirements.

5. Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the specified requirements.

Performance Work Statement

Performance Work Statement (PWS) and Quality Assurance Plan (QAP):

No more than 15% mortality to nearby or interspersed desirable non-target native plant species.

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable.

Minimum 90% kill of target NNIS infestation(s)

AND

Less than 15% mortality to non-target plant species’; or values specified on the SOW.

Visual and

GPS

Schedule (non-Line Item)

AQL determinations are made by the COR upon inspection of the work.

These determinations are unilateral and not protestable

GPS

*Meeting the AQL for Line Items: Exceeding the specified mortality value to non-target desirable plants, will result in the Contractor(s) not meeting all elements of the AQL values and not receiving payment. Contractor(s) must reapply the required herbicide, or mechanical work, at their expense upon failure to meet AQL values at the final inspection for each contract line item where the work performed failed to reach the minimum acceptable target kill ratio of the NNIS infestation(s).

Statement of Work (SOW) and Project Specifications:

General Requirements:

The performance period for the contract line items (01, 02, 03) begins May 1, 2024, and concluding on August 31, 2024. Herbicide applications must be made at an appropriate time so that visible plant mortality has occurred before the individuals begin seed production. This timing of seeding may affect contract end time.

Base line item 01 is unit P1 which is 18 ac. Option line item 03 is unit P3 which has a no treatment zone of 2 ac. This no treatment zone is due to an area prone to being too wet and has been removed from treatment area.

Contractor will submit a site-specific Work Plan and Schedule, including any changes in values or proposed chemical differing from the initial Work Plan for approval by the COR. The Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the contract. The contractor will submit a Work Plan and Schedule, which optimizes the effectiveness of the foliar application for each target NNIS species as specified by the individual Contract Line Item Number (CLIN).

Specific Requirements:

Spot spray Reed Canary Grass (Phalaris arundinacea), Common Reed (Phragmites australis) and Johnson Grass (Sorghum halepense) located in and adjacent to the Patoka Wetlands (see map). The use of spot spraying techniques will be necessary to avoid damage to desirable native species. However, broadcast applications can be made in monocultures of Reed Canary Grass if no damage is caused to desirable native vegetation. Broadcast spray may only be done after July 1st. Herbicide mixture must be cleared to be used in and around wetlands.

CONTRACTOR INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized. Unless otherwise noted, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual contract is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.

B. If the work performance period cited in the individual contract is greater than 30 days partial payments may be authorized on a monthly basis and upon acceptance of the work.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager(s)/On-Site Foremen/Lead.

(b) The Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

In addition to the Experience Questionnaire and providing Line Item pricing, the Offeror shall also provide the following:

1) PERSONNEL: Provide the list of employees who will work on the project, and documentation to substantiate the requisite certification and licensing(s).

A. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

B. **FAILURE TO SUBMIT EMPLOYEE(S) AND SUBCONTRACTOR EMPLOYEE(S) STATE OF INDIANA (OR RECIPROCAL) LICENSING CERTIFICATION FOR HEBICIDE TREATMENT (REFERENCE: SECTION C.5) WILL RESULT IN THE PROPOSAL BEING DEEMED AS NONRESPONSIVE. OFFEROR AND SUBCONTRACTOR(S) SHOULD SUBMIT A COPY OF EACH EMPLOYEE CERTIFICATE**.

2) WORK PLAN and SCHEDULE: The offeror will provide a description of methods to be used to reach the desired NNIS kill rate. This plan should include herbicides to be used, the application rates (percent active ingredient), herbicide carriers and adjuvants. The Plan should also provide a list of the equipment to be used, both motorized and non-motorized.

A. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

3) SUBCONTRACTOR(s): Provide the name and address of any subcontractor(s) (or partner/joint-venture entity) that will be used on this project. Also include the type of work that the subcontractor will accomplish. If the intent is to allow the subcontractor to work without direct oversight by the offeror, then the subcontractor shall also furnish a safety plan and quality control plan, as described below.

PAST PERFORMANCE NOTE: If an offeror has limited or no relevant project information, this should be addressed in the technical proposal. The Forest Service recognizes that an offeror may have minimal experience. In this instance, it is advised that the offeror address how they intend on insuring successful completion of the work, for example: subcontracting certain aspects of the project.