Revised_SOW_for_Herbicide_Spray__BB_992025_9_17_0001.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Back Bay National Wildlife Refuge

Statement of Work

Herbicide Application

I. GENERAL INFORMATION

The US Fish and Wildlife Service (Service) is seeking a contractor to chemically treat common reed, Phragmites australis in targeted management units at Back Bay NWR. Work shall consist of furnishing all necessary chemicals, equipment, labor, water (carrier), insurance and supervision necessary to accomplish the specified vegetative control measures by means of application.

II. LOCATION AND CONTACT

A. Location:

i. TOC: Lauren Mowbray, 4005 Sandpiper Road, Virginia Beach, VA 23456, lauren_mowbray@fws.gov, 703-919-1728.

ii. General Location: 100 acres including variety of non-tidal fresh/brackish emergent wetlands, shrub/scrub habitat, saltmarsh vegetation, and maritime forest. Phragmites may be found sporadically in clumps (polygons) within each unit. The entire units are not infested and we do not want uniform application throughout the polygons. We are looking for targeted applications to the clumps only to decrease non-target effects. The Refuge may provide detail through in-person meetings and revised digital GIS maps to the Contractor prior to application.

III. TREATMENT DESCRIPTION

A. Project Time Frame: While preferred to be completed in 2025, we would extend this contract to

2026 if not able to complete in 2025.

I. Preferred application window: May 1-31; Second Choice spray window: August 15-

September 30

B. Herbicide/Surfactant for use: Contractor shall apply the herbicide that best controls Phragmites; this herbicide includes a mixture of water, Habitat (or their chemical equivalents when similarly labeled materials are available from multiple suppliers and approved by the NWR Project Officer) and Methylated Seed Oil (MSO), at the rate of 4 pints (64 oz.) Habitat + 1 qt. MSO, per acre, or as per latest manufacturer requirements.

IV. EQUIPMENT, HERBICIDE, AND PERSONAL PROTECTIVE EQUIPMENT

Contractors/work crews will provide the necessary equipment and supplies. Herbicides, including mixing and application equipment will be brought by contractors. These materials will be applied, handled, and always labeled properly. Temporary storage of appropriately labeled excess pesticides will be permitted at refuge storage facilities. All herbicide and herbicide equipment must be removed prior to completion of the contract. Decontamination site does not exist on refuge property and must be handled by the contractor off site for post operations clean-up. All personnel involved in the use of pesticides will have formal training and utilize the PPE required by the pesticide label.

mailto:lauren_mowbray@fws.gov

V. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall provide personnel, labor, supplies, equipment, tools, materials, transportation supervision and other items and incidental services necessary to satisfactorily perform the noxious, invasive plant treatment services at the units. The treatment units are described in detail above.

Unless otherwise established in the Purchase Order, the Contractor shall complete all work as set forth in the Project Scope of Work in full compliance with the terms of the Contract. The responsibilities of the Contractor include:

The Contractor shall chemically treat all the polygons of Phragmites in each management unit.

Within 15 days from receipt of the Purchase Order, the Contractor shall initiate control operations at the specified project location, unless stated otherwise in the Project Scope of Work, Purchase Order, or email correspondence with the Project manager. The Contractor shall notify the project manager via electronic mail seven days prior to entering the work site. Prior to initiating work, the Contractor shall provide an estimated work schedule to the Project manager for discussion. The Contractor shall provide the Project Manager with the following access numbers: office telephone; cellular numbers for all supervisors working on exotic control work; and a valid email address. The Contractor is not authorized to perform work on any additional sites until such time as the Service has fully executed a Change Order for said additional work. Any work performed by the Contractor contrary to the Purchase Order shall be at the Contractor’s expense.

Within seven working days from receipt of the Purchase Order, the Contractor shall email to the project manager the contact information for the Contractor’s designated certified ground crew supervisor(s) for the project. The Contractor’s ground crew supervisor must be present at all times when work on the site is underway. Any change to whom the ground crew supervisor must be approved in advance by the Project manager.

Ground Crew Supervisors shall be responsible for:

i. coordination with the project manager on a daily/weekly basis

ii. all control activities and crew safety on project sites

iii. ensuring that all contract crews are knowledgeable of, and remain within, property and treatment boundaries

iv. ensuring that every effort shall be made to avoid damage to native vegetation and wildlife.

The Contractor shall strictly adhere to all herbicide label application, precautionary, and safety statements. The Contractor shall properly dispose of or recycle all herbicide and adjuvant containers.

The Contractor is also responsible for any leaks, spills, environmental damage, or theft of materials from the job site and for reporting quantities to the proper state and or federal authorities. The Contractor shall provide all personnel, labor, supplies, equipment, tools, materials, transportation, supervision and other items and incidental services necessary to satisfactorily perform the noxious, invasive plant treatment services at the units; including but not limited to: heavy machinery, personal protective gear, chemicals, and tools.

The Contractor is responsible for the repair, restoration, or replacement of any native vegetation or property damaged as a result of gross negligence by the Contractor or their employees or subcontractors, at no cost to the Service and to the satisfaction of the Project manager.

VI. RESPONSIBILITIES OF THE PROJECT MANAGER/ TECHNICAL POINT OF CONTACT

The Project manager and/or technical point of contact (TOC) shall attend any “pre-quote meetings” for their project(s) to ensure that Contractors have sufficient information about the project area, targeted species, and site conditions to provide a reliable quote for the work to be conducted.

The Project manager shall be responsible for informing the awarded Contractor about timing of the treatment(s), conflicting scheduled events, and current site conditions that may affect completion of the contracted work. The Contractor is responsible for any changes to the work specifications that have not been approved by the Service.

The Project manager shall monitor the activities of the Contractor and thus reserves the right to inspect, at any time, the Contractor's procedure, spray systems, spray solutions, and other ancillary equipment, and to approve or disapprove operating personnel. However, inspection, or a lack thereof, shall not relieve the Contractor of any obligations or responsibilities nor shall it transfer any liability to the land listed as “Project Location” in the Scope of Work or to the Service.

Government Furnished Items. The Government will provide the following: water source and staging area at the refuge maintenance area. Maps of the prioritized management units.

VII. KEY PERSONNEL

The Contractor shall identify key personnel, including number of applicators and site supervisor, and their experience in the proposal for this project. NOTE: Key personnel may not be removed from the task without express approval of the Contracting Officer (CO). The CO will attach a copy of the request and determination to the project files.

VIII. SPECIFIC REQUIREMENTS

The Contractor and on-site personnel shall be able to identify Phragmites australis in all stages of development and be knowledgeable about methodologies to minimize non-target impacts.

Personnel providing technical work should be on-site at least once per management unit with their staff to provide instruction and supervision.

The Service uses Pesticide Use Proposals (PUPs) to document pesticide use and to help ensure we select and use pesticides with the least risk to non-target resources while still achieving pest management objectives. Due to site characteristics (soils, groundwater table), Regional review is needed.

Recommended general use pesticides: Glyphosate and Imazapyr Use surfactants that are practically non-toxic or have slight acute toxicity (LC50 >10 mg/L (ppm)) to aquatic organisms when applying pesticides. Surfactants that fulfill the criteria include but are not limited to: Agri-Dex, Breeze, Dyne-Amic, Level 7, Hasten EA, Inter-Lock, Modified Vegetable Oil, MSO, NIS-EA, Rainier-EA, Superb HC.

All persons applying herbicide must have valid pesticide applicator license from State of Virginia, and must wear appropriate protective PPE, both for herbicide use and for heavy equipment use.

All equipment will be washed (following the best management practices (BMP) for washing described at http://dnr.wi.gov/topic/Wetlands/documents/WetlandInvasiveBMP.pdf prior to arriving at refuge and prior to leaving any site to avoid cross contamination of the habitats.

The Contractor is liable for the safety and health of its employees. The Contractor is responsible for the correct application of pesticides and chemicals according to EPA and State labels. The Contractor shall keep commercial application records in accordance with state and federal requirements. The http://dnr.wi.gov/topic/Wetlands/documents/WetlandInvasiveBMP.pdf

Contractor shall follow all state and federal laws and have current and valid professional certifications before starting work.

The Contractor shall provide and maintain work environments and procedures, which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities. A written safety plan will be submitted for review and concurrence prior to beginning work, including study report investigations. This includes a spill prevention and response plan.

Treatment methods, pesticide mixtures and equipment used will be evaluated and approved by Refuge staff in advance of treatment.

CONSTRAINTS

The Contractor shall ensure all equipment moved onto Refuge land is free of soil, seeds, vegetative matter and other debris that could contain or hold noxious weeds or seeds. Due to the sensitive nature of soils, only low ground pressure equipment should be used for treatment.

The Contractor must comply with all applicable federal, state and local regulations and land-use permitting procedures.

The Contractor must coordinate closely with project manager on scheduling of work and must be flexible to accommodate optimal treatment window and weather. Contractor will notify Refuge staff in writing of expected visits to the Refuge with minimum notice of 2 business days.

The Contractor shall bring problems or potential problems affecting performance to the attention of the Project Manager as soon as possible. Verbal reports will be followed up with written reports when directed by the Project Manager.

IX. DELIVERABLES

In addition to the applicable requirements, the Contractor shall provide the following deliverables and reports:

• Contractor will provide maps of the polygons treated within two weeks of final application.

• Report summarizing effort, timing, amount and mixture of herbicides used, effectiveness of treatment, and any recommended follow-up treatments.

X. PERFORMANCE STANDARD

Accurate daily application records will be maintained by the Contractor.

Performance Evaluation. The Project Manager will evaluate performance of Contractor through monitoring of treatment during and after work performance and through review of documents.

Acceptable Quality Level (AQL).

The Contractor shall complete 95% of the treated areas within the specified dates.

The Contractor shall follow the quality control plan submitted as part of their quote.

The Contractor shall follow EPA labels and supplemental labels with no deviation. Additional reduction in chemical use may be required by the Refuge based on historic effectiveness.

The Contractor’s daily commercial application record shall be accurate and maintained with no deviation.

a. Vegetation Control Objectives:

A minimum of 90% of all of the identified infestations to be treated in the treatment areas will be sprayed with each infestation receiving at least 90% coverage by foliar spray, to the degree that at least 90% of the live stems yellow prematurely within 2-3 weeks of the spray, or contractor will re-apply late summer/fall the very next year, at his/her expense. The Refuge Project Officer will be responsible for documenting that less than 90% of the area was treated, and notifying the contractor, as soon as possible after the herbicide activity (e.g. will survey the area, take digital photographs).

b. Herbicide Selection Procedure:

Herbicide, to be supplied by the Contractor, (Imazapyr based herbicide, Nufarm Polaris EPA Reg.

No. 288-534 or BASF Arsenal EPA Reg. No. 241-299) and surfactant (Methylated seed oil).

Herbicides must be registered for aquatic use and approved by the Refuge 60 days prior to application. No restricted use herbicides are allowed. No herbicides can be used on Refuge property without prior approval from the Refuge Project Officer. In addition, all carriers and adjuvants must be non-toxic and registered for water applications. If other herbicide is suggested, this herbicide must be vetted by the TOCs for use on their respective refuges and offered at least 2 weeks lead time prior to treatment to assess the herbicide.

c. Minimizing Impacts to Non-Target Species: No broadcast application shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is greater, or wind directions are likely to result in drift to non-target areas, or public use areas. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property. No broadcast application shall be performed if more than 10% chance of rain is forecast for the day of application or for 24-hour period following the planned application.

XI. MAPS OF TREATMENT AREAS

i.

Map of Back Bay NWR, Virginia Beach, VA

Treatment Areas at Back Bay NWR