Attachment B - Statement of Work.docx

Statement of Work (SOW)

Contracting Officer Representative (COR) Name: Amy Martina Phone: (779) 374-0663 Email: amy.martina@usda.gov

1. Introduction One of the goals of the Midewin National Tallgrass Prairie is to reduce noxious weeds and exotic or invasive plant infestations as well as prevent new invaders from becoming established. Species to be controlled include both native and non-native plant species. Invasive plant species control is covered under the Prairie-Wide Habitat Maintenance Environmental Assessment (http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5160298.pdf) and herbicide use on Midewin is covered under the Herbicide Use for Invasive Plant Species and Noxious Weeds Control Environmental Assessment http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5160341.pdf

2. Background Midewin National Tallgrass Prairie (Midewin) is located in Will County approximately 40 miles southwest of Chicago and approximately 10 miles south of the town of Joliet. Prior to the creation of Midewin, the land was part of the Joliet Army Ammunition Plant that the Department of Defense (DoD) closed in the 1990’s. During DoD management lands not associated with the manufacture of munitions were either in row crops, pasture or left idle. Invasive species associated with grazing were common throughout the facility. The DoD also planted invasive plant species such as bush honeysuckle and autumn olive. Some management by the DoD kept many invasive species in check, but once the plant was slated to be closed- management stopped, and these species spread rapidly. The Forest Service has been trying to eradicate invasive species in some areas, keeping them out of other areas and stopping their increase in other areas.

The goal is to decrease invasive plants through repeated treatments using an integrated pest management (IPM) strategy. Work under this contract would involve the herbicide portion of the IPM strategy.

3. Scope of Work The contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, herbicide dye, 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 included. Site maps will be provided. The Statement of Work (SOW) shall consist of completing the work to the Acceptable Quality Level (AQL) required in the Quality Assurance Surveillance Plan (QASP).

The awarded contract shall constitute the entire agreement including all terms and conditions applicable to the contract.

The work will include applying foliar herbicides to specific Non-Native Invasive Species (NNIS) infestations of herbaceous flowering plants, grasses, and vines/semi-woody vines. It will also include treatment of shrubs and woody brush in select locations (foliar application of herbicides)

4. General Project Description and Specifications This requirement is a project to remove and control undesirable woody vegetation (trees, shrubs, and woody vines) in select locations and foliar herbicide treatment to nonnative or invasive species of herbaceous flowering plants, grasses, vines, and semi-woody vegetation at three locations of seed production beds. The treatment for various patches of NNIS would depend on factors such as, location, patch size, the response of invasive species to the current climate, concentration of NNIS, and surrounding vegetation. NNIS plant treatments will include the use of hand methods, and chemicals to eliminate NNIS.

Environmental Assessment (EA’s) require non-restricted use herbicides for treatment of NNIS plants and other woody vegetation. Herbicides permitted for application include glyphosate, triclopyr, sethoxydim, clopyralid and 2,4-D. Other approved herbicides may be acceptable with prior approval of the contractor officer representative (COR). Herbicide selection is dependent on the NNIS plants targeted for control treatment, the amount of desirable native plants interspersed among the infestation, and the potential affects to specific herbaceous or woody vegetation located nearby.

Contractors shall use selective herbicides or a selective method to reduce impact on surrounding non-target vegetation. Exceptions include those areas of dense infestations of NNIS where herbicide could occur throughout the year or other areas that do not provide suitable habitat for sensitive species.

Sensitive areas, native vegetation, and wetlands exist within project areas. These areas may require special application methods to avoid potential damage to plant communities or other resources within the designated project area. These areas are open to the public, and the contractor will put up and take down warning signs in ingress and egress lanes to the work area. Areas for ingress and egress lanes for equipment will be approved by the COR in advance of work in each area.

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.

4.1 General Herbicide Specifications

The following specifications provide criteria pertaining to herbicide application at seed production sites where work would occur under this contract. Indiscriminate broadcast or aerial spraying will not be allowed. The FS will consider other types of application than those specified but must have approval by COR prior to application.

Applicators will 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. Contractors, as well as all subcontractors, and any employee applying herbicide must have a valid Illinois state commercial pesticide applicators/operator’s license and be an Illinois licensed pesticide applicator/operator or have documentation of a reciprocal state license. The contractor will supply Midewin with copies of the licenses prior to starting work. The contractor shall follow all applicable state and federal laws when mixing, applying, storing and transporting chemicals.

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.

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 or adjacent to waterways and wetlands such as the aquatic formulation of glyphosate (Rodeo® or equivalent product).

This contract does not allow any indiscriminate broadcast applications or aerial spraying. Work shall be performed using backpack sprayers or other hand techniques, with the use of suitable dye to indicate where applicators have sprayed or used herbicides. This contract requires two treatments, four weeks apart, during the growing season. Additional time intervals may be necessary for difficult-to-control invasive plants or infestations with multiple species.

Foliar application will only occur when wind velocity is less than 10 MPH, unless permission is granted by the COR. Contractor must take care to minimize the drift from herbicide application. Under no conditions will contractor allow over-spray of herbicides to within 1foot of the target plant, and no herbicide damage can occur beyond 1 foot of the target infestation.

In situations where non-target native plants are overgrown and/or extensively intermingled with the target invasive species, the contractor must halt operations in that specific area and immediately consult with the COR. A site assessment will be conducted to determine the most appropriate course of action, which may involve modifying the herbicide application method, using a selective herbicide, or designating the area for later manual removal instead of foliar spraying.

The 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. Where necessary per label directions, caution signs may include a temporary closure of treatment areas. Contractors are responsible for removing signage after appropriate posted time has been reached.

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 according to the specifications. The 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.

The contractor will conduct treatments to 100% of the specified project area(s) of the target NNIS infestation(s). The contractor will conduct treatments at a sufficient interval and concentration to meet or exceed the overall kill rate of 95% for target NNIS infestations, and with no more than 5% mortality to nearby or interspersed desirable non-target native plant species because of inadvertent treatment or overspray of herbicides (refer to Quality Assurance Plan).

The Contractor shall progressively accomplish the work at a rate that will result in completion within the time specified as determined by the final accepted work schedule.

Forest Service COR or Contract Inspectors may conduct visual inspection of NNIS treatments on site to check on their progression to ensure the Contractor is following the specified requirements. The COR may conduct random inspections and sampling to verify acceptable kill rates to target NNIS infestations and mortality to non-target desirable native plants. 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.

All herbicide applicator staff must be able to identify both target NNIS plant species and non-target plant species in the field, 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).

4.2 Daily Logs/Diary

The contractor will maintain an accurate daily treatment log of work activities and chemicals applied in each treatment area, with a copy made available to the COR at billing or upon request. At a minimum, the Contractor shall provide to the COR with 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/dilutant), 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 include 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, other licensed applicators and non-certified applicators, type of equipment used, plus optional information such as any other miscellaneous notes or observations. Midewin will provide a copy of the daily herbicide data sheet. Contractor will supply Midewin with copies of receipts for purchases of herbicide as the herbicide is purchased. The contractor will provide weekly progress maps; GPS data such as lines, points or polygons are acceptable as well.

4.3 Recordkeeping

The Contractor will maintain an accurate daily log record of herbicide used in each area (see last section for the required elements). Other minimum record requirements include copies of hazardous material handling certificates, copies of material safety data sheets (MSDS) of chemicals used, and the location of the waste site and/or use destination locations. Weekly equipment calibration records are required.

4.4 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 as needed prior to entering a different treatment area. Contractor shall maintain Forest Service approved spark arresting device on any piece of equipment operated by an internal combustion motor. In addition, each piece of motorized equipment shall be equipped with a serviceable round pointed shovel and an operational fire extinguisher of at least five- pound rating suitable for the equipment being used.

5. Licensing and Certification The contractor and/or whoever will supervise the herbicide treatment must possess a current Illinois commercial pesticide applicators certification and license at the time of any herbicide treatments. Any employee who will be applying herbicide must also possess a current Illinois pesticide applicators/operator’s license. Proper documentation of a state reciprocal license is also accepted. The Contractor will provide all required licensing and certifications to the Forest Service prior to contract award.

6. Order Issuance This work will be done as best value, to include price and a technical submission. The technical submission will include a draft Work Plan and Schedule. The draft Work Plan and Schedule should include a start date, production rate, completion date, labor, and equipment list. The Contractor shall demonstrate the ability to complete all tasks for completion of the work required by this Contract.

If awarded, the Contractor will then submit a final site-specific Work Plan and Schedule for approval by the COR. The approved Work Plan and Schedule will indicate how the Contractor intends to meet the required Acceptable Quality Level (AQL) values, as referenced in the Quality Assurance Plan, as well as the contract specifications. The Work Schedule will provide dates of work for each Contract Line-Item Number (CLIN), to include completion of all work before the required final date specified. The Contractor shall inform the COR of completion of each line item. The Work Plan shall include any changes in values or proposed chemicals differing from the initial Work Plan, and the Contractor will inform the COR of any relevant changes to the technical specifications when performing work.

7. Inspections 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. COR will inspect areas at random using both visual methods and GPS equipment to collect data.

8. 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.

9. 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.

10. ATV/UTV Use Wet weather conditions may preclude the use of vehicles in the seedbed areas. The COR will determine those conditions or locations that warrant cessation of vehicle or ATV/UTV/OHV use. All herbicide work is to be completed with backpack sprayers on foot. All motor vehicles/ATV/UTV use will only be allowed in select locations at the River Road seedbeds and Chicago road seedbeds.

Vehicles will not be allowed when ground or access road conditions would result in damage to access roads or to the natural resources. Soil ruts deeper than 2 inches must be reported to COR by the contractor. Mitigation would include filling in the ruts.

11. Midewin Seedbed Invasive Control Contract

APPENDIX

List 1. Target Species for all three seedbed locations:

**Occurs throughout; specific areas with significant infestation into production beds will be identified for treatment**

· Ambrosia artimisifolia / Common Ragweed **

· Ambrosia trifida / Giant Ragweed

· Artemisia vulgaris / Mugwort

· Bromus inermis / Brome Grass

· Centaurea stoebe / Spotted Knapweed

· Cirsium arvense / Canada Thistle/Field Thistle

· Dactylis glomerata / Orchard Grass

· Dipsacus fullonum / Common Teasel

· Dipsacus laciniatus / Cut-Leaved Teasel

· Elaeagnus umbellata / Autumn Olive

· Elymus repens, Elytrigia repens / Quack Grass

· Festuca arundinacea, Schedonorus arundinaceus / Tall Fescue Grass

· Juglans nigra / Black Walnut

· Lotus corniculatus / Bird’s Foot Trefoil

· Lonicera spp. / Honeysuckle

· Lythrum salicaria / Purple Loosestrife

· Medicago lupulina / Black Medic**

· Melilotus albus / White Sweet Clover

· Melilotus officinalis / Yellow Sweet Clover

· Pastinaca sativa / Wild Parsnip

· Phalaris arundinacea / Reed Canary Grass

· Phragmites australis / Common Reed

· Poa pratensis / Kentucky Blue Grass**

· Populus deltoides / Eastern Cottonwood

· Toxicodendron radicans / Poison Ivy

· Trifolium pratense / Red Clover**

· Trifolium repens / White Clover

· Salix spp. / Willow

· Securigera varia, Coronilla varia / Crown Vetch

· Rubus sp. / Brambles

· Rumex crispus / Curly Dock

· Vitis riparia / Grapevine sp./Riverbank Grape

List 2. Additions for the Wetland Seed Production Beds only

· Moneywort/Creeping Jenny (Lysimachia nummularia)

· Rose sp. (Rosa sp.)

12. Light Shrubs and Woody Vines (6” DBH or less) – Foliar Herbicide and or Basal Barking - (Selective and/or Non-selective Herbicide) The contractor shall apply foliar herbicide in specified locations and times as identified in the Statement of Work. Additional techniques could include basal bark herbicide application and/or other methods as requested in the Statement of Work. Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species as indicated. Typically, this treatment will be applied to sparse or small pockets of woody vegetation that have been previously treated.

Depending on the location, extent and size of the infestation, the contractor may use either backpack sprayers and hand techniques and vehicle or ATV/UTV/OHV mounted sprayers to apply herbicides in old fields and openings. Foliar herbicide applications will occur only after full leaf expansion.

The contractor shall apply non-selective herbicide such as glyphosate (Roundup® or equivalent product) or selective herbicides such as triclopyr (Garlon3A® or equivalent product), clopyralid (Transline® or equivalent product), and/or other non-restricted use selective herbicides as indicated on the Task Order. Other EPA approved herbicides may be acceptable with prior approval of the COR.

Sensitive areas, cultural resource sites, wetlands, sensitive species habitat and native vegetation may exist within project areas. These areas will be marked by Midewin staff as needed and avoided by the contractor or performed only with an appropriate Midewin staff member on site. Furthermore, these areas may require special application methods to avoid potential damage to plant communities or other resources within the designated project area. In areas which will be open to the public, the contractor will put up warning signs in ingress and egress lanes to the work area. Operating areas and equipment ingress and egress lanes for equipment will be approved by the COR in advance of work in each area.

12.1 Foliar Herbicide Treatment Category - Herbaceous Flowering Plants, Grasses, and Vines/Semi-woody Vines Contractor shall apply foliar herbicide in specified locations and times. Treatment areas include spotty infestations interspersed with native vegetation to dense infestations with few native plant species. Work done in these selected areas can generally occur throughout the growing season.

Contractor will apply herbicide at a sufficient interval and concentration to meet or exceed the kill rate on target NNIS infestations and not exceed the maximum specified mortality to non-target plant species. As indicated, most treatments would occur in seed production beds up to 600 feet in length and up to 9 feet wide.

The contractor shall use backpack sprayers to apply herbicides in seed production beds. In wetland seedbed location, amphibious equipment may be beneficial. Foliar herbicide application will occur only after full leaf expansion.

13. 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. Forest Service Inspector: A Forest Service employee designated by the Contracting Officer or COR to perform surveillance of contractor performance.

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

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

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

7. Task Order (TO): Method by which the FS will order services and supplies necessary to perform the services of the contract.

8. Indefinite Delivery / Indefinite Quantity contract (IDIQ): Contract type that allows for the ordering of supplies or services, based on a minimum and maximum order amount.

9. Performance-Based Service Contract (PBSC): A contract which incorporates a results-oriented statement of work, describing the overall work to be accomplished (outcome/result), rather than explicitly describing how the tasks should be performed, to accomplish the work.