STATEMENT_OF_WORK.docx

FY19 - STREAMLINE RELEASE: STUMP SPROUT SPRAYING and VINE CONTROL

NANTAHALA RANGER DISTRICT

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision, supplies, and perform all work required to conduct vine control and to release stump sprouts of desirable species using triclopyr (Garlon 4 or Tahoe 4E) herbicide applied with a "streamline" method as described in Clause 220. No materials or labor will be furnished by the Government unless specifically identified in the "Government-Furnished Property Clause."

120 - Description and Location

All the contract areas are located on the Nantahala National Forest, Nantahala Ranger District, Macon County, North Carolina (See attached maps). All areas consist of one to 3-year old stands, with variable densities of trees, stems, and brush. These areas are listed below:

130 - Government-Furnished Property

The Government shall deliver to the contractor the following listed material, supplies, and property (hereinafter referred to as "Government-furnished property") at the place and time specified below. The contractor shall be liable for all loss or damage of such delivered Government-furnished property until completion and final acceptance of work required under this contract. If the Government fails to make timely delivery of such Government- furnished property suitable for its intended use, and upon written request from the contractor, the Contracting Officer shall make an equitable adjustment of contract delivery or performance dates or contract price, or both, pursuant to the "Changes" clause of the General Provisions of this contract.

Herbicide - All herbicide will be furnished by the Forest Service. Garlon 4 or Tahoe 4E will be furnished, mixed in the proper proportions with mineral oil in 2.5 gallon plastic containers. Requests for herbicide must be made in advance by contacting the Contracting Officer Representative. Herbicide may be picked up between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday, excluding federal legal holidays.

Contractor shall be responsible for loading and transporting herbicide from the storage site located at the Nantahala RD Work Center located at 90 Sloan Road, Franklin, N.C. to the contract areas and return of empty, unopened, or partially used containers to the storage site. For the purpose of this Clause 130, herbicide shall be considered delivered by the Government upon contractor's loading on his vehicle for transporting to the contract area. During transport, herbicides, additives, and application equipment must be secured to prevent tipping or excess jarring and must be carried in a part of the vehicle totally isolated from people, food, or clothing.

140 - Contractor-Furnished Items

The contractor will furnish all equipment needed to satisfactorily complete the job. Low-pressure backpack sprayers (such as the Solo 475) equipped with spotgun herbicide applicators must be provided by the contractor. In addition, contractor must have a vehicle spill kit, consisting of the items listed on the attached EMERGENCY SPILL PLAN, in his vehicle at all times while herbicide is being loaded, transported, or used.

150 - Crew Organization

The contractor will maintain a crew that includes one supervisor knowledgeable in both the identification of hardwood tree species and in procedures for safe handling and application of pesticides. The contractor must ensure that workers use proper protective clothing and safety equipment required by labeling for the herbicide and application method, and must comply with the HERBICIDE SAFETY REQUIREMENTS described on the attached EXHIBIT 1.

170 - License Requirements

The contractor will comply with State of North Carolina regulations for licensing of pesticide applicators.

Contractor will be responsible for full compliance with all applicable provisions of the EPA Agricultural Worker Protection Standard (WPS), 40 CFR Part 170.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - Stems to be Treated

A) For all areas, all sprout clumps of red maple, black gum, striped maple, silverbell, dogwood, sourwood, and yellow poplar will be treated. The ability to recognize and distinguish hardwood tree species is imperative for the successful completion of this contract.

B) For all areas, all grape and smoke vines except for established vine slicks of 0.5 acre or larger will be treated with herbicide.

220 - Method of Treatment

Treatment of all areas will be conducted during the dormant season so as not to kill any non-targeted stems. Streamline treatment will be with a mixture of triclopyr herbicide in mineral oil, with dye added. The herbicide mixture will be applied with sprayers and nozzles approved by the COR. A thin stream of the mixture will be directed at the sprout clumps to be treated at a height above the ground of 6 to 24 inches. A quantity of the mixture will be applied sufficient enough to cause the mixture to spread around to the opposite side of the stems but not allowing excessive run-off onto the ground. This method will also be used in treating all vines. During periods of rainfall, when rain appears imminent, when the humidity falls below 20%, when there is at least 6 inches of snow on the ground, or when wind speed exceeds 15 mph, the contractor will cease operations.

230 - Trees Not to be Treated in Addition to those Listed Above

(1) Boundary trees or corner witness trees which are marked with red paint.

(2) Inclusions or groups of trees which have perimeters designated by vertical paint stripes.

(3) Trees within 30 horizontal feet of perennial or intermittent springs and streams.

(4) Trees within 100 horizontal feet of any public or domestic water source.

(5) Any trees designated by the COR.

241 - Protection of Non-Target Species

Contractor will use every precaution to prevent contact of the spray mixture with non-target species. During periods of high wind when spray drift onto desirable species is unavoidable, it will be necessary for the contractor to cease operations.

242 - Stream, Lake and Reservoir Pollution Prevention

During the handling, transporting and use of the herbicide, contractor will use every precaution necessary to prevent herbicide pollution of any streams, lakes and reservoirs. No application will be done to any stem standing within 30 feet, horizontal distance, of any live stream, lake or reservoir, or within 100 feet, horizontal distance, of any public or domestic water source. Herbicide mixing, loading, or cleaning areas in the field will not be located within 200 feet of private land, open water or wells, or other sensitive areas. Mixing and cleaning water must come from a public water supply and be transported in separate labeled containers. Under no circumstances will sprayers, containers or other contaminated materials be washed in any stream, lake or reservoir. Violations are punishable under 36 CFR 261.11(c), and are subject to fine of not more than $500.00 or imprisonment for not more than 6 months or both.

243 - Spill Protection

Contractor will use every precaution necessary to prevent herbicide spillage in loading, transporting, pouring, and applying the herbicide. Contractor will at all times have available in vehicles transporting herbicide a spill kit consisting of items listed on the attached EMERGENCY SPILL PLAN. If a spill occurs, contractor will immediately contain the spill, use the absorbent material to absorb it, and seal the material in the polyethylene bags. Contractor will notify the COR of any spill immediately after following the above procedures. Contractor will deliver the material in the polyethylene bags to the pick-up point.

244 - Protection of Improvements

The contractor shall protect all trails, roads, ditches, fences, and other improvements in the project areas. Roads, trails, ditches, and cut banks shall be kept free of logs, slash and debris. Any road or trail used by the contractor that is damaged by his operations shall be promptly repaired by him. Contract area access guidelines will be provided by the COR.

245 - Erosion Control

Contractor will be required, at the direction of the COR, to stop operation of heavy equipment including access vehicles during extended or excessive wet weather periods to reduce excessive gouging, rutting, and compaction of the soil. Any logging roads or waterbars damaged by the contractor will be restored to the original condition at the contractor's expense.

246 - Protection of Archaeological/Historical Resources

The contractor, upon the discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such materials and immediately notify the COR.

247 - Cleanup

All trash, rubbish, and debris generated by the contractor's operation will be removed from National Forest land and disposed of properly.

251 - Safety

Contractor shall provide for and maintain safe working conditions at all times, including following the tool manufacturer's recommended operation and safety equipment specifications. Safety equipment includes, but is not limited to: shin guards, chaps, gloves, safety glasses, hard hats, ankle-covering lug-soled boots, and ear plugs. All pertinent OSHA Safety regulations and standards apply to this contract.

Accepted safe practices shall be followed in performance of the work. The Contractor’s emphasis during all operations will be on SAFETY FIRST in order to avoid personal injury. The Government will assume no liability in case of personal injury to the Contractor or his employees or subcontractors or damage to their equipment.

The Contractor will be responsible for any damage done to Government equipment and/or fixtures by their employees and shall provide all replacements as appropriate at no cost to the Government.

C-4 AUTHORIZED PERSONNEL

The contractor, during the course of work, shall not permit entry into any Forest Service areas by anyone other than the Contractor, his employees, and Government employees.

C-6 QUALITY CONTROL PLAN

The contractor shall prepare a Quality Control Plan pursuant to the requirements of the Statement of Work (SOW). This plan sets forth the procedures and guidelines that the contractor will use to assure that the work performed under the contract meets the requirements of the standards set forth for this contract. It shall include a work plan and schedule, demonstrate what the contractor will use for inspection processes and records, and shall also include a safety plan. The Quality Control Plan shall include weekly progress reports identifying areas that have been released using hand tools.

C-7 PERFORMANCE ASSESSMENT METHODS

C-8 QUALITY ASSURANCE PLAN

1. Introduction – The purpose of this contract is to provide a herbicide release treatment at various sites on the Nantahala Ranger District, Franklin, NC.

A Contracting Officer’s Representative (COR) will be designated. The COR will have overall responsibility for the day-to-day administration of the contract including, but not limited to, inspection. The COR has authority to designate Government Inspectors to aid in inspection of the work accomplished during the life of this contract.

How to use this plan:

a. Scheduling – Work to begin within 3 days after the issuance of the Notice to Proceed and will be completed within 365 of issuance of the Notice to Proceed.

b. Sampling procedures – random and periodic inspections and review of work in progress and completed work.

c. Inspection procedures – review of work.

d. Documentation – Daily Diaries for contract file; Notice of Non-compliance to contractor for any work less than 98% in compliance with the objectives and cure notices to be issued by Contracting Officer if work is not performed in a timely manner or if work does not comply with contract work statement.

DIVISION 300 - INSPECTION AND ACCEPTANCE

310 - Inspection of Work Performed

Inspection of the work performed under this contract shall be made by the Contracting Officer's Representative or the designated inspector as the work progresses at such intervals as are necessary to insure compliance with contract specifications and provisions.

320 - Completion of Work on an Area

Upon completion of work on each area, the contractor shall notify the COR that work on that portion is completed and the COR shall make an overall inspection of the work completed. If the work completed is accepted, the contractor shall proceed with work on the next area. If the work is not accepted by the COR, the contractor shall complete any remedial work required for acceptance prior to commencing work on the next portion.

DIVISION 400 - MEASUREMENT AND PAYMENT

410 - Method of Measurement

Contract area acreages were determined by a geographic information system (GIS) and by a global positioning system (GPS). Acreages are based on horizontal distances, and for the purpose of this contract are considered actual, not estimated acreage.

420 - Basis of Payment

Payment will be made at the unit bid price for the number of acres completed and accepted.

EXHIBIT 1

HERBICIDE SAFETY REQUIREMENTS

TRAINING

Contractor will instruct each applicator in the safe use of the herbicide(s) to be applied so as to protect themselves and the environment. The suggested areas to be covered are safe handling and proper application, transportation, storage, and disposal of the containers as shown herein. Techniques of eye wash and personal hygiene should also be part of the training.

STORING HERBICIDES

Herbicides used on this contract will not be stored or left overnight except at storage facilities approved by the COR. Unused herbicides will be returned to the storage facility as designated by the COR at the end of each work day.

TRANSPORTATION OF HERBICIDES

Contractor is legally responsible for the safe transportation of herbicides.

Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site of an area, as designated by the COR.

Transportation of herbicides used on this contract shall be in accordance with label instructions and the general approved and accepted procedures for safe transportation of herbicides. The following precautions shall be taken by the contractor to prevent spills, accidents, injury or theft:

Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

No personnel shall ride in the back of vehicle with the herbicide.

All herbicide containers shall be tied down or otherwise constrained to prevent breakage or spillage.

Herbicides shall not be transported in the same compartment with food or clothing.

If any herbicide is spilled in or from the vehicle it shall be cleaned up at once, in accordance with the attached EMERGENCY SPILL PLAN.

Unlocked herbicides shall not be left unattended.

HANDLING AND APPLICATION OF HERBICIDES

Personnel handling herbicides shall wear protective clothing and/or equipment as recommended by the herbicide manufacturer. Herbicide shall not be applied or equipment cleaned outside of areas designated by COR.

Following these simple rules will help make the use of the herbicide safer for everyone:

Read the safety information on the label.

Wear the proper protective clothing.

Keep first aid equipment and supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

Don't work alone.

Haul only the needed amount of herbicide.

Stand upwind from spray projects to avoid contaminating yourself.

Keep container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

If herbicides are spilled, stop immediately, wash out eyes if contaminated and remove contaminated clothing. Wash the skin thoroughly with soap and water. Speed is essential. Once clean, put on clean protective clothing and equipment and clean up the spill. See a physician as appropriate.

Keep measuring cups and other equipment clean and properly stored when not in use.

Wash hands carefully before relieving yourself, eating or smoking.

DISPOSITION OF CONTAINERS

Unless otherwise directed by the COR, all empty herbicide containers shall be returned to the place of issue. They will be triple rinsed, with clean water, on the work site. The rinse water will be disposed of by spreading it on the work site away from streams and designated leave trees. Triple-rinsing is defined as filling the empty container at least 1/10 full of clean water, replacing the container lid, shaking vigorously for at least 15 seconds and immediately pouring contents from the container. This process must be repeated three (3) times for each empty container. The contractor shall not transfer herbicide into any storage container other than those furnished by the Government.

Clean rinse water must be carried to the work area separate from drinking water for the contractor. All actions regarding herbicide must be in accordance with all federal, state and local regulations.

HERBICIDE SPILLS

Contractor shall be responsible for all costs of damages, clean-up, and decontamination should a herbicide spill occur.

If a spill occurs, every effort will be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible, in accordance with the attached EMERGENCY SPILL PLAN.

COR shall be notified immediately of any herbicide spill or accident.

EMERGENCY SPILL PLAN (FSM 2109.12)

Notification list of key personnel or agencies including emergency telephone numbers:

Nantahala Ranger Station - 828-524-6441 (Notify immediately)

Emergency Services - 911 (Notify if needed)

Carolinas Poison Center - 1-800-848-6946 (Notify if needed)

National Response Center Oil and Toxic Chemical Spills - 1-800-424-8802 (Notify if needed)

Complete inventory on hand during use and transport:

Up to 30 gallons in 2.5 gallon containers of a 20% mixture of Garlon 4 or Tahoe 4E or Element 4 in mineral oil.

Chemical Name: Triclopyr EPA registration#: 62719-40 (Garlon 4), 228-385 (Tahoe 4E), 62719-40 (Element 4)

In the event of a spill, use vehicle spill kit:

2 pairs nitrile gloves 2 pairs unvented goggles 2 pairs coveralls l square point shovel l pointed shovel l broom 10-30 lbs. absorbent material (kitty litter or dry sawdust) 3 polyethylene bags (with twist-ties) 1 30 gallon plastic trash container with cover l portable eyewash kit 1 ABC type fire extinguisher

Spill Containment

Immediately put on appropriate protective apparel from spill kit, including coveralls, goggles, and nitrile gloves. Prevent further leakage from the pesticide container. Confine the spill to prevent it from spreading using absorbent material over spill, or if necessary encircle spill with a dike, using dirt. Use only enough material to absorb the spill. Once the absorbent material is used, shovel the material into polyethylene bags and place sealed bags in 30 gallon trash container. Transport back to Ranger Station for subsequent disposal.

For disposal of spilled material, bring contaminated material back to storage site at the Nantahala Ranger Station and contact district silviculturist (David Perez, Nantahala Ranger District - 828/524-6441) or forest pesticide coordinator (Jason Rodrigue, Asheville - 828/257-4248).