A04_SOW.docx

STATEMENT OF WORK

ELEPHANT HEAD TREATMENT

Application of Herbicide (Imazapic)

CONTRACT

1. GENERAL

a. Introduction The Bureau of Land Management is acquiring vegetation treatment services on selected sites administered by the Battle Mountain District (see attached map). The work consists of applying herbicides in select locations for control of invasive and/or noxious weeds on BLM administered lands. The work shall consist of application of contractor-furnished herbicide and adjuvant within the potential project areas as defined on the attached maps. Application will occur in fire-impacted area. The area covered under this Contract contains sections ranging above 60 % slope. There is no ground contact allowed within the area due to lack of cultural clearance.

b. Applicable Directives

i) Contractor must hold a current Nevada Commercial Applicator License (Please note Nevada does not allow reciprocity with other states for Applicator Licenses). All vegetation control measures shall comply with the provisions set forth in the Record of Decision for the Vegetation Treatments Using Herbicides on Bureau of Land Management Lands in 17 Western States Programmatic EIS (September 2007), as well as all federal, state, and local regulations and applicable land-use permitting procedure.

c. Location and Description

i) Site 1 and option areas 1-3 are all located about 26 miles south of Battle Mountain, NV.

ii) Vicinity maps showing the project area within which the treatment unit will be located are attached. Contractor will not treat areas outside of identified work areas.

iii) Site tour: Interested parties are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Inquiries about project location are welcome, and maps to assist in site visits are available at the Battle Mountain District, 50 Bastian Road, Battle Mountain, NV.

iv) Base of Operation: The Contractor shall provide such operation facilities as may be required for competent performance of contract. Use of any operation area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any operating facility used. The Contractor shall provide appropriate warning signs for traffic if roads are used as operating sites. Contractor will return sites to pre-use condition.

v) Priority of Work - Units will be sprayed in the order as directed by the COR. Each unit shall be completed prior to moving to the next unit unless otherwise agreed to by the COR.

2. CONTRACTOR FURNISHED PROPERTY AND SERVICES

a. The contractor shall furnish all labor, equipment, fuel, supervision, supplies (except those designated as Government-furnished) and incidentals to perform all work as set forth in the specifications. The contractor will be responsible the transportation and storage of the supplies and equipment used for the project. The contractor will provide their own GPS unit that and will GPS daily all areas sprayed. The GIS data submitted to the Battle Mountain District will be VMAP or NISIMS (National Invasive Species Information Management System) compatible, if not already GPSed with the S1 Toolbar. The contractor will provide their own quality and quantity control methods. These methods will be included with the initial submission of the application.

b. The contractor shall be responsible for purchasing, safely transporting, storing and disposal of the herbicide as follows:

Herbicide:

*A BLM approved Imazapic at 8 ounces/acre.

Adjuvants:

*BLM approved surfactant compatible with the application type, active ingredient, and applied at the rate identified on product’s labels.

**See section 4.2 for the Chemical and Adjuvant options available for use within this contract.

The contractor is responsible for ensuring that the application of the herbicide meets all label specifications. The contractor shall be responsible for cleanup of accidental spills, following proper handling and storage precautions, and ensuring proper exposure control and personal protection is provide as defined by the Herbicides’ and Adjuvants’ herbicide Safety Data Sheets.

The contractor shall comply with all Federal, State, and Local regulations.

3. GOVERNMENT FURNISHED PROPERTY

a. The Government will provide electronic boundaries in the form of GIS shape files, georeferenced, .pdf maps, .kml, .kmz or any other agreed upon formats to the contractor within 48 hours when requested during normal government business hours.

4. SPECIFIC TASKS

a. Data Collection

i) Flat File Geodatabase: Contractor shall daily collect GPS treatment data (i.e. treatment polygon) and input these features into the NISIMS flat file geodatabase. All spatial treatment data (i.e. treatment polygons) must be entered into the flat file geodatabase; each feature in the flat file geodatabase must match each hard copy PAR and be appropriate to the feature type (i.e. line for streams, polygon for large irregular blocks of treatment). Submitted GIS data must be in datum NAD 1983 and projection GCS 1983, contain all the NISIMS required fields, and compatible with ArcMap software (See Attachments - NISIMS Flat File Geodatabase Required Fields).

ii) Pesticide Application Record (PAR): For all pesticide applications the Contractor shall fill out a PAR within 24 hours of application of treated sites. PARs shall be turned in and reviewed by the COR within 3 business days of project completion and must be furnished to COR/PI upon request during field visits. All fields on the PAR form shall be completed. At a minimum a separate PAR shall be filled out for each day of treatment and for each site (if multiple sites are visited in one day there will be multiple PARS submitted). More than one species may be included on the same PAR if they are treated in the same location with the same pesticide (See Attachments – BMDO Pesticide Application Record (PAR)).

(1) As part of the PARS process the Contractor will provide onsite spot weather while applying the herbicide.

iii) The Contract will not be considered complete until all PARs and the NISIMS flat file geodatabase has been reviewed by the COR and deemed complete.

iv) More information regarding general NISIMS topics and the location of required downloadable flat file geodatabase: https://www.blm.gov/programs/natural-resources/weeds-and-invasives/nisims-database

b. Equipment Requirements:

i) Software: Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

ii) Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and show total acres treated during the application and also capable of downloading to a computer for analysis and review. The project log must show and differentiate between spray-on and spray-off when viewed on a computer monitor or printer. Export files of each project log shall be provided and must be compatible with ArcView or ARC-INFO GIS system on a standard USB memory stick. The Contractor may provide software that is compatible and which will enable the files to convert into viewable files for ArcView or ARC-INFO GIS. The contractor must, upon request by the COR or Project Inspector, be able to supply project log data on a USB memory drive for review at any time during the contract. The Contractor will provide project log data at the end of each day’s application in a format able to be viewed on ArcGIS or other appropriate format (shapefiles, .gpx, .kml, etc.). GIS data must be provided daily to the COR or designated representative. The Contract will not be considered complete until the data has been reviewed and deemed complete with no skips in the sprayed areas. The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

iii) Hardware: Visual Display Monitor and Control Keypad: (1) Capable of displaying swath width over project path; (2) mounted in a location that will allow the applicator to view the screen; (3) have a method to display nested polygons to indicate sensitive or no-spray areas within or adjacent to treatment blocks; (4) have a feature that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas; (5) be able to input reference waypoints (A-B line); (6) have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block.

iv) Course Deviation Indicator (CDI): The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. Cross-track error shall be adjustable down to one foot.

v) DGPS navigation unit shall ensure straight and regular paths of application. Irregular paths of application will result in immediate stoppage of work. Corrective action shall be taken immediately by the contractor to ensure evenly spaced, straight and regular application paths and complete coverage of areas included in the spraying job. The entire surface within the designated boundaries of the project area shall receive uniform coverage with herbicide except for areas excluded by the Government. Areas excluded from the herbicide operation within the designated boundaries will not be included in the acreage computed for payment. Dispersal shall be low enough to obtain proper distribution and uniform coverage of herbicide. Liquid application shall not be made during a rainstorm, snowstorm, or when the ground is frozen.

c. Mixing methods

i) All mixing will be done to label, BLM, and state policies and requirements. This can include secondary containers, being specific about measurements and calibrations, spill containment and cleanup, making sure that mix sites are in correct locations, etc. Is it up to the applicators and contractor to make sure that these policies are followed.

d. Quality Assurance and Quality control methods

i) The Contractor shall furnish equipment to monitor and ensure evenly spaced, straight, regular, and complete coverage of all areas included in the spraying job. The contractor is responsible for making sure that the correct spray rate is utilized and that there is quality control in place to make sure that on the ground coverage is complete and accurate. Tests for Uniformity and Rate of Application: Both the Contractor and the Government will conduct tests as operations progress to determine uniformity of aaplication. Contractor is required to provide to the Government how they will be determining uniformity of seeding and all records of what was determined during implementation.

ii) The expectation that both the contractor and the BLM COR/PI will monitor to determine uniformity of herbicide application. If coverage is deemed unsatisfactory (e.g. less than 90% of drift cards show herbicide coverage), the contractor will be required to treat those areas at no additional cost to the BLM.

e. Application:

i) Battle Mountain District Office has approval for the contractor to use the following Herbicides:

ii) Battle Mountain District Office has approval for the contractor to use the following Surfactants:

iii) The maximum rate of herbicide application listed on the label is the maximum rate allowed to be sprayed.

iv) Herbicide will be applied utilizing water as a carrier.

v) Use 2 or more gallons of water per acre when applying.

f. Environmental Considerations

i) Work Period - Spraying Operations will be permitted only during daylight hours. The Contractor will have personnel on project site prior to commencing daily application, during application, and will notify COR or Project Inspector of changing weather conditions. The COR or Project Inspector will allow Contractor to continue or stop application if weather factors dictate. The COR or Project Inspector will give the permission to start, approximately one (1) hour from notification of conditions, depending on location of project from the Elko District Office.

ii) Wind - The Contractor shall follow the Label Section on Spray Drift Management - Wind. Local wind can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift. All applications must cease if winds are gusty and/or exceed 10 mph for ground based applications; 6 mph for aerial applications. Measurements shall be collected on-site during the time of application.

iii) Relative Humidity - Refer to the product label when making applications in low relative humidity conditions. Measurements shall be collected on-site during the time of application.

iv) Precipitation – Contractor is responsible for re-treatment, at Contractor’s expense, if herbicide is washed off due to application when predicted precipitation event was imminent; refer to herbicide label.

v) Site Conditions - No treatment spraying will be allowed if conditions do not meet federal, state, BLM, or label requirements (Most restrictive guidelines shall be followed).

vi) Waterways - Herbicide shall not be applied within 100 feet of water sources (troughs, ponds, open water) or within 150 feet of any potential or existing Lahontan Cutthroat Trout (LCT) habitat. Water sources and LCT habitat will be marked on the GIS layer or map and given to the Contractor prior to herbicide application. Contractor is expected to apply the herbicide consistent with the maps and shapefiles provided by the BLM, but also to use due diligence and make sure that they are following policy.

vii) All roads (public and private) damaged or opened by the Contractor shall be restored at no cost to the Government to their condition prior to commencement of work.

viii) If sensitive, endangered, or threatened species (plant or animal) are discovered within the treatment area the contractor is to immediately notify the COR. The Government may issue a suspend work and/or partially terminate any portion of the work due to discoveries of sensitive, threatened, endangered species or archeological sites during contract operations.

ix) The Government may issue a suspend work order and/or partially terminate any portion of the work at any time when application conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until application operations are again authorized by the Government. No monetary compensation will be given to the contractor for work suspensions.

x) Whenever a specification: Agency, State or Federal law; or label direction has a contradiction, the most stringent interpretation shall take precedence.

xi) Risk damages - The Contractor shall assume all risks in connection with performance of the contract and shall be liable for any damages to persons or property in connection with the prosecution of the work, including the applicator or other employees of the Contractor.

5. EXPECTED DELIVERY OR PERFORMANCE TIMES

a. There will be a Pre-Work conference prior to the start of the project at an agreed upon date between the COR/PI and the Contractor.

i) At the pre-work conference the Contractor shall provide the COR a written “work progress” plan that details his/her proposed workforce and schedule to provide for orderly completion of the work within the contract performance times. This work schedule must be acceptable to the government. At a minimum the schedule should reflect a work progress rate equal to the available amount of contract performance time. The unit sequence work schedule will be determined by the COR at the pre-work conference and may be subject to change because of normal variations in weather conditions at no change in contract time or price.

b. The Contractor shall contact the authorized BLM Contracting Officers Representative or Project Inspector (COR/PI) 72 hours prior to implementing any work specified in this contract. Furthermore, the COR/PI may be present at the prescribed work sites to inspect the Contractor. The contract is not complete until all GIS and PARs have been submitted and accepted by the BLM.

c. The period of performance is from October 1, 2020 and will be completed no later than December 1, 2020 (depending on weather and soil conditions), this will depend on the time needed by the Contractor to complete the herbicide application. Government preference is starting and completing the project in November, however due to weather conditions during this time, soil moisture, soil temperature, snow cover, and time frames may need to be re-negotiated. Government preference is for application immediately prior to wetting rain/snow event.

d. The Contractor shall begin work within 7 calendar days from the pre-work conference. The Contractor shall continue performance of the work under the contract without delay or interruption except by causes beyond his control as defined by contract clauses, or by the receipt of a “Suspend Work Order” issued by the Government. Failure to do so may be cause for action under the “Default” clause. The Contractor shall complete all work required within the time specified.

6. MEASUREMENT AND PAYMENT

a. Application of liquid herbicide will be measured and paid for by the number of acres treated to the nearest acre.

b. Measurement for payment for herbicide treatment will be the actual area, in acres, within the designated boundaries satisfactorily treated in conformance with these specifications. Measurement will be made from either physical surveys of the areas or a computer generated file created in a GPS Differential Guidance System at the option of the BLM. The shapefile will be used in ArcGIS for final acreage measurement. Acreages will be computed from horizontal distances as shown on maps at the option of the BLM.

c. If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115% or below 85% of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for the completion the contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

7. CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND/OR PROJECT INSPECTOR (PI)

a. The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.

8. SAFETY

a. The contractor is responsible for providing a safety plan that identifies a point of contact in the event of any accident. The plan should include names and emergency phone numbers for personnel and facilities to contact, including Flight For Life/Life Flight/Care Flight, etc., in case an emergency warrants such actions. The plan should also include a description of on-site emergency procedures to follow in case of an accident. The plan should identify the insurance company providing coverage and the pertinent group coverage number.

b. It is the responsibility of the Contractor to identify all hazards within the work area. All appropriate precautions shall be taken by the Contractor.

c. Transportation of herbicides - The Contractor shall be responsible for the transport of chemical herbicides used to fulfill the specifications of this contract to the Contractor’s loading site. The Contractor shall secure herbicide containers in mixing area to prevent spillage. The Contractor shall load and transport herbicide from the pickup point to the work sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard.

d. Protective clothing and equipment for contract employees exposed to herbicides - The Contractor shall supply protective clothing and equipment to contract workers that guarantee minimal exposure throughout the herbicide application process. The Contractor shall follow all advice on protective clothing and equipment which appears on the herbicide label and/or SDS documentation. The Contractor shall make available cleanup facilities to contract employees exposed to herbicides or herbicide-contaminated equipment.

e. Storage of herbicides - The Contractor will be responsible for the storage of all chemical.

f. Mixing and application of herbicides:

i) The Contractor shall mix herbicides in accordance with the proportions listed on the product labels and Detailed Specification Section. The Contractor shall provide adequate protective clothing and equipment for contract employees who mix the herbicides.

ii) By law, the application of an herbicide, either directly or through drift, must not expose workers or other people. The Contractor shall be very aware and cautious of any environmental hazard present during herbicide application. Upon completion of herbicide application, the Contractor shall thoroughly clean equipment and dispose of waters, residues, rinses, and unused herbicides only according to EPA and Nevada State regulations. All empty herbicide containers will be tripled rinsed, labels removed, and punctured by the Contractor after mixing. The Contractor shall be responsible for disposal of the empty boxes, labels, and lids. The Contractor shall be responsible for disposal or recycling of the empty containers.

g. Spills and accidents

i) A spill cleanup kit will be available wherever pesticides are used, transported, or stored. A Spill Containment Kit shall be of sufficient size to contain 10% more herbicide than they have on site plus additional items such as absorbent material, shovel, garbage bags with ties and labels, paper towels, hose clamps, duct tape, and hand tools sufficient to stop the leak and contain the spill.

ii) The Contractor shall be responsible if accidents and chemical spills occur. The Contractor shall report immediately spills and accidents to the BLM authorized officers and appropriate local authorities. The Contractor shall provide immediate treatment of contaminated or injured persons and seek professional medical attention when necessary. The Contractor shall control chemical spills quickly and shall secure additional help when the Contractor cannot effectively or safely handle the spill cleanup. Spills will be the responsibility of the Contractor and shall be cleaned up to the satisfaction of the local authorities.