A05_PWS_Tie_Creek_Weed_Treatment.docx

PERFORMANCE WORK STATEMENT

BLM, WESTERN MONTANA DISTRICT

BUTTE FIELD OFFICE NOXIOUS WEED

TREATMENTS IN TIE CREEK

1.0 GENERAL

1.1 Introduction

The Bureau of Land Management is acquiring vegetation treatment services on selected sites administered by the Butte Field Office in the Wise River, Montana area (see attached map). The work consists of applying herbicides in select locations for control of Spotted knapweed, Dalmation toadflax, and Canada thistle on BLM administered lands. However, any additional weed species that are listed on the Montana Noxious Weed Species List shall also be identified and treated per the requirements of this SOW. The work shall consist of application of contractor-furnished herbicide within the potential project areas as defined on the attached maps. Application for noxious weeds will occur on three timber harvest units accounting for 298 acres. The work must be conducted between any time after award and October 13, 2023.

1.2 Applicable Directives

Contractor must hold a current Montana Commercial Applicator License. All vegetation control measures shall comply with the provisions set forth in the Butte Field Office Integrated Weed Management Plan Revision (May 2021), Vegetation Treatments Using Aminopyralid, Fluroxypyr, and Rimsulfuron on BLM Lands in 17 Western States Programmatic EIS (August 15, 2016), Butte Field Office Resource Management Plan as amended (April 2009), Noxious Weed Control on Public Lands EA MT-050-08-12 (April 2008), 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 procedures.

1.3 Location and Description of Project

The noxious weed treatment units are in Beaverhead County and located 3 miles west of Wise River, Montana, in the Tie Creek area. Legals of T.1N, R. 12W, Sections 14,15, 23 and 24. The units to be treated are previously harvested timber units and 100 feet off both side of the 5 miles of system roads in the area.

2.0 CONTRACTOR FURNISHED PROPERTY AND SERVICES

2.1 The contractor shall furnish all labor, equipment, fuel, supervision, supplies and incidentals to perform all work as set forth in the specifications. The contractor will be responsible for the transportation and storage of the supplies and equipment used for the project.

2.2 The contractor shall be responsible for purchasing, safely transporting, storing and disposal of the herbicides:

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 Materials Safety Data Sheets (MSDS).

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

3.0 GOVERNMENT FURNISHED PROPERTY

3.1 There is no Government furnished property.

4.0 SPECIFIC TASKS

4.1 The contractor shall notify the COR at least 48 hours prior to initiating treatments.

4.2 All herbicide use shall follow herbicides labels. All herbicides and adjuvants used will be labeled for rights-of-way and non-crop use and will be on the approved BLM list found in Attachment 2.

4.3 The Contractor shall maintain treatment records to allow the Government to monitor contract progress and to be accountable for work quality. Pesticide Applications Records (PARs) are required to be filled out by State Law within 24 hours of application and are used as the records for herbicide use. The PAR serves as written notice of completed herbicide units. All fields in the PAR form shall be filled out. More than one species may be included on the same PAR if they are treated in the same location with the same herbicide.

4.4 The Contractor shall have GPS equipment that must be able to track that the contractor surveyed all acres of the contract for weed infestations.

Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record will include the travel routes taken in identified units and along system roads. The GIS equipment must be capable of saving routes and capable of downloading to a computer for analysis and review.

Export files of each unit shall be provided and must be in either a shapefile, GPX, KMZ or KML format and provided on a flash drive or other usable storage device. The contractor must, upon request by the COR, 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 within 2 days from the projects end. GIS data compatible with ArcGIS Desktop 10.x must be provided weekly to the COR or designated representative. The Contract will not be considered complete until the data has been reviewed and deemed complete with all areas evaluated. The data must be capable of zooming in on any portion of the units to view a specific area with greater detail.

4.5 All equipment, backpack sprayers, ATV/UTV and vehicle-mounted nozzles, sprayers, and hoses will be in good working order. Nozzles shall be free of dirt, with tight fittings and seals in place to prevent leaking.

4.6 Herbicides shall be securely transported to avoid all leaks or damage to containers. Transporting shall follow label requirements.

4.7 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.

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

4.9 Non-aquatic herbicides shall not be sprayed closer than 10 feet of water (springs, creeks, rivers, ponds, lakes) using sprayers depending on the herbicide.

4.10 Precipitation in the form of rain, snow, or fog will halt herbicide application.

4.11 Contractor is responsible for identification and avoidance of all hazards.

4.12 Herbicide handling, mixing, and loading

Herbicides will be used in strict accordance with the labels. The Contractor shall take all suitable measures to avoid the spill or release of undiluted product during the loading, transportation, and mixing phase of this project. This may include the use of a containment devise, such as a “pop-up” pool or similar device. All spilled herbicides shall be recovered and utilized as per application label specifications.

Mixers and loaders shall wear appropriate Personal Protective Equipment (PPE) during mixing and loading operations following State Law.

To prevent gross errors in the field in mixing and application, regular testing of field calibrations (pumps and nozzles) and calculation shall occur to meet the ‘target pounds per acre’ and not exceed the maximum pounds per acre of chemical.

The contractor shall not wash out spray tanks in or near streams. Mixing and loading operations shall not occur in any area where an accidental spill would contaminate an aquatic body. During weed treatments, the Contractor shall not rinse equipment on private lands (other than their own property).

All chemical containers shall be disposed of at sites approved by the Montana Department of Environmental quality. Chemical containers shall be triple-rinsed and punctured and shall not be disposed of in the contract area.

HI-LIGHT blue dye shall be added to the herbicide mix to aid in tracking which plants have been sprayed and for inspection purposes.

5.0 SITE SPECIFICS

5.1 Description of Work

The Contractor shall furnish equipment to apply liquid herbicide to the designated areas in the time specified.

5.2 Equipment Requirements:

Mechanized Equipment and Vehicle Washing – Prior to entering BLM lands, Contractor equipment and vehicles shall be washed to remove all dirt, mud, grease, and plant parts that may carry noxious weed seeds or vegetative parts. Equipment shall be inspected by the COR. Vehicles and equipment shall be washed if returning to units after working in weed infested area off site.

Use of All Terrain Vehicles – If an all-terrain vehicle is used, it shall be of such design that it will travel over rough, uneven terrain and not create wheel ruts and channels. ATV/UTV mounted spray equipment shall not exceed the manufacturer's recommend carrying capacity for the machine or vehicle, spray tank and sprayer shall meet the approval of the COR prior to use.

The Contractor shall submit completed Pesticide Application Records no later than 2 weeks after applying the herbicide specified in this contract.

6.0 SURVEILLANCE PLAN

6.1 The Contractor shall submit completed Pesticide Application Records no later than 2 weeks after herbicide application, to allow inspection of sites within an appropriate time. Units will be considered complete upon notification from the Contractor and receipt of forms and GIS data.

6.2 The Government may inspect completed units as a basis for acceptance of work prior to payments. It may also provide recommendations to the Contractor to improve work quality while work progresses. The Contractor is responsible for providing the quality control to assure that work complies with the contract specifications.

6.3 The Government shall inspect a minimum of 10 percent of the surveyed areas to determine if Adequate Quality Level is met for payment.

6.4 Final acceptance shall be based upon an Adequate Quality level of work completed in accordance with the specifications on a site-by-site basis for each unit.

6.5 Adequate Quality Level- The Project Inspectors must be able to observe blue dye on at least 90% of target plants, or 70% mortality observed within expected range of time for results to become apparent (two to six weeks depending on species and treatment).

6.6 Unsatisfactory Work Quality

6.6.1 The following specification violations shall cause the treatment or survey areas to require a rework: a. Untreated invasive plants within the target population. The Project Inspectors must be able to observe blue dye on at least 90% of target plants, or 70% mortality observed within expected range of time for results to become apparent (two to six weeks depending on species and treatment) or a rework shall be required.

6.6.2 The following specification violations shall cause the treatment or survey areas to require a reduction in pay:

a. Targeted invasive plants not treated according to Treatment Units specifications or according to herbicide labels. Due to the nature of invasive plant management, not all sites can be reworked once herbicides, manual or mechanical treatment has occurred, thus a pay reduction for work not completed in accordance with Treatment Units would be implemented at 25% reduction in pay per acre impacted.

b. Non-target species treated non-incidentally (desired vegetation misidentified and treated as target species). Due to the nature of vegetation, there is no repair once herbicides, manual or mechanical treatment has occurred on desired vegetation, thus a pay reduction for work not completed in accordance with Treatment Units would be implemented at 25% reduction in pay per acre impacted.

6.7 If the quality of the work is not raised to acceptable levels or if incorrect treatments were applied as described in C.6.6.1 (a) or (b) after written notification, the COR may accept the work in accordance with FAR 52.212-4(a), the Government may seek an equitable price reduction as determined in C.6.6.2 or adequate consideration for acceptance of nonconforming services.

7.0 PAYMENT

Payment will be made at full contract value for units completed as priced on the quote schedule minus any deductions based on government inspection results.

8.0 CONTRACT TIME

The Contractor shall schedule a prework with the government COR within two (2) weeks of the contract being awarded. At the pre-work conference the Contractor and the COR shall review the contractor’s written “work progress” plan that details his/her proposed workforce and schedule to provide for orderly completion of the work within the allowable performance time.

Start of work will be determined at that time depending on the time of year and weather. 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 "Termination for Cause" clause. The Contractor shall complete all work required within the time specified on the task order and in the Schedule of Items

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

The COR will be appointed by the Contracting Officer upon award of the contract. Such COR will be responsible for giving the contractor any 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.

10.0 SAFETY

1. The safety of the public shall be a primary consideration when conducting treatments.

2. Contractor will provide sufficient clean water to assure the opportunity for workers to wash off any chemicals splashed inadvertently onto skin or in the eyes.

3. All personnel involved in pesticide application must be trained and licensed. Protective clothing and equipment, as specified on EPAapproved labels and the BLM H90111 Handbook (i.e., coveralls, unlined rubber gloves and boots, safety glasses, hard hat, respirator, as appropriate) will be worn by workers directly involved in herbicide applications and by employees using hazardous tools/equipment. The applicator must have and maintain a Montana Pesticide license or be trained in the use of herbicide application and working under the direction of a licensed applicator. All personnel handling pesticides will read the Material Safety Data Sheet and the label for each product prior to handling or applying the pesticide.

4. While mixing and loading, the individuals will wear appropriate protective gear as specified on the chemical label (examples full length apron, face shield, unlined rubber gloves, liquid repellant footwear).

5. Spray pressures for hand- held spray gun and/or boom will meet label and nozzle tip requirements. All equipment shall be properly calibrated before applications are made and to prevent gross errors in the field while mixing. Regular testing on field calibration and calculation will take place (once a month during use or more often if used frequently.)

6. Spray nozzles on ground vehicles must be set to produce spray droplets with a median diameter of 200 microns or larger. Ground vehicle equipment will normally operate with a boom pressure of 20 to 35 pounds per square inch unless the product label specifies a different pressure. Backpack and/or hand sprayer application of liquid herbicide will occur with low nozzle pressure (25 lbs psi) and within 2.5 feet of the target plant.

7. Herbicides will be mixed and loaded in an area where an accidental spill cannot flow into a stream or water body or contaminate groundwater. No mixing is allowed in riparian areas. Applicators are required to have an emergency spill kit to mitigate small spills. Spills of any size will be reported to the BLM MCFO.

8. Low volatile formulations of phenoxy herbicides will be used to reduce the potential for offsite contamination.

9. Where vehicle and hand applications of herbicides are used, the wind velocity must be 8 mph or less, except in riparian areas where the wind speed must be 5 mph or less unless the label states differently. Do not spray when heat index in greater than 90 degrees Fahrenheit.

10. Equipment shall be cleaned only in specifically designated areas away from waterways and reservoirs, wells, and stock tanks. All containers shall be triple rinsed and rinsate used in the spray tank. Containers will be disposed of at a state collection site for recycling, an approved landfill, or other specifically designated areas according to State, Federal, and County laws.

11. The licensed applicator will provide copies of pesticide application records for each application site, recording the date of application, start time, finish time, amount of herbicide, surfactant, and dye applied, application rate, type of equipment used, weather, location, pest treated, and acres treated. Records will be completed within 24 hours of application and submitted biweekly or upon request of the BLM. This record will be maintained in the BLM project file.

12. Fire Prevention and Liability: The contractor may be held liable for all operator fire starts. All applicable state and local fire prevention laws must be followed by the Contractor and the Contractor’s employees unless written direction is provided by the Contracting Officer. The Contractor shall have a safety plan in place. The Contractor shall be responsible for ensuring all equipment is operated and maintained in a safe manner, has means of communications before and after application, has a plan of action should a fire start, notify appropriate dispatch center or 911 immediately of the location and status of any unplanned ignition, and notify the COR and the CO immediately of any incident.