B08_-_IRQ_HWASOW_FY24.pdf

STATEMENT OF WORK

(SOW)

2024 Hemlock Woolly Adelgid Spraying

Iroquois NWR

1. GENERAL INFORMATION

1.1 Introduction. This contract outlines the treatment of hemlock woolly adelgid (HWA) on Iroquois National Wildlife Refuge (INWR).

Our request is for the control and treatment of HWA with a basal bark treatment on eastern hemlock trees within three hemlock stands on INWR (Genesee and Orleans Counties, NY., Figure 1).

Accessibility varies between treatment areas. Treatment Area 1 is accessible by foot only from the public roadway. Walking distance from the public roadway to the center of the stand is approximately 2500 feet (Figure 2). Treatment Area 2 is accessible by ATV from the parking lot to the stand. Access to individual trees within the stand will be by foot (Figure 3). Treatment Area 3 is accessibly by ATV from the parking lot to the stand. Access to individual trees within the stand will be by foot (Figure 4).

Work shall consist of furnishing all equipment, labor, and materials necessary to accomplish the specified treatment. Spraying will take place by backpack sprayer or ATV/UTV mounted sprayer (where accessible). Each tree sprayed will be tagged with a semi-permanent identification tag listing the date of treatment and the chemical used. After spraying, the contractor will provide spatial data indicating individual trees sprayed, and spray application rates. There are no water sources available at the site.

1.2 Objectives. The objective of this project is to: conduct a pesticide basal bark spray of select hemlock trees on Iroquois NWR to control hemlock woolly adelgid.

1.3 Scope. The contractor shall furnish necessary pesticide and water. The recommended pesticides used will be a tank mix of Merit 2F (imidacloprid) and Safari 20SG (dinotefuran).

Alternative pesticides may be selected with prior approval of the Technical Project Officer.

Trees requiring treatment will consist of trees over 20” DBH and infected trees under 20” DBH.

The pesticide applications shall occur between September 15 and October 31, 2024.

All pesticide applications shall be consistent with the product label instructions, manufacturer’s guidance, Refuge Pesticide Use Proposal and the requirements of this contract. Spray of nontarget native species will not be tolerated.

1.4 Period of Performance. The period of performance shall be September 15, 2024 to October 31, 2024. Basal bark applications should occur between September 15 and October 31, in line with recommended application window specified in Section 1.3. While not preferred, if there is an absolute reason that the contractor is unable to conclude work by October 31, 2024, treatments could possibly be moved to occur in 2025.

2. LOCATIONS, CONTACTS

2.1 General Location. Iroquois NWR. Estimated application area, chemicals to be used, and Technical Project Officer (project contact personnel) are as follows:

2.1.1 Locations. The work areas are on Iroquois NWR in Genesee and Orleans Counties, NY (Figure 1).

2.1.2 Area to be treated.

Treatment Area 1 is approximately 29 acres in size. Within this area, approximately 24 hemlocks 0-20” DBH will be treated and 43 hemlocks over 20” DBH will be treated.

Approximately 1314 total diameter inches are to be treated.

Treatment Area 2 is approximately 55 acres in size. Within this area, approximately 25 hemlocks 0-20” DBH will be treated and 47 hemlocks over 20” DBH will be treated.

Approximately 1319 total diameter inches are to be treated.

Treatment Area 3 is approximately 8.1 acres in size. Within this area, approximately 3 hemlocks 0-20” DBH will be treated and 23 hemlocks over 20” DBH will be treated. Approximately 462 total diameter inches are to be treated (Table 1).

Table 1: Treatment Area and Tree Information # Trees to be Treated Diameter Inches to Be Treated

Treatment Area

Size

(ac) <20" >20" Total <20" >20" Total

1 29.0 24 43 67 193 1121 1314 2 55.0 25 47 72 212 1107 1319 3 8.1 3 20 23 24 438 462

Total 92.1 52 110 162 428 2666 3094

Treatment areas will be mapped and spatial data including access trails will be supplied to the contractor by FWS prior to application.

In total, the contractor will treat with a basal bark spray approximately 162 hemlock trees, totaling approximately 3094 diameter inches.

2.1.3 Pesticide/Surfactant.

Pesticides are referenced in Scope, section 1.3. No surfactant will be used for this project. It is the contractor’s responsibility to ensure that the treatment area, pest, and treatment type are all consistent with the product labels. All treatment trees will be treated with a tank mix of Merit 2F and Safari 20SG, or equivalent with prior approval. For HWA: 0.1 fl oz per inch of trunk diameter (D.B.H.) of Merit 2F (imidacloprid) in a tank mix with 2.0 oz per inch of trunk diameter (D.B.H.) of Safari 20SG (dinotefuran). Do not exceed the total chemical/per acre maximums listed on product labels.

2.1.4. Technical Project Officer Contact. Paul Hess (paul_hess@fws.gov) is the Technical POC, and James Ianni (james_ianni@fws.gov) is the backup Technical POC. Both can be reached at

(585) 948-5445. Both should be contacted by contractors and contracting officials.

2.2 Site Location. Treatment areas are located within the polygons depicted in Figures 2, 3, and

4. General site location is approximately 1.5 miles north of Alabama, NY.

3. CONTROL GOALS AND PESTICIDES

3.1 General. Specific treatment areas are identified on the maps (Figures 2, 3, and 4). The contractor is encouraged to visit the treatment areas to determine the logistics required for the work. Prior approval from the Technical POC is required before visiting the treatment areas.

The purpose of this treatment is to achieve the treatment objectives described in the next paragraph.

3.2 Treatment Objectives. Trees selected for treatment will be marked by the Technical Project Officer with a non-permanent marker (e.g., chalk) prior to treatment. The contractor will treat 100% of the select trees, with each tree receiving at least 95% coverage of its basal area between 0.5 and 4.5 feet above ground. The contractor will document each tree sprayed by recording its location on a gps receiver and tagging the tree with a semi-permanent tag. The Technical Project Officer will be responsible for inspecting which trees were treated (e.g. will survey the area, take digital photographs), and notifying the contractor within 45 days after the spraying activity if any selected trees within the treatment area were not properly treated.

3.3 Pesticide Selection Procedure. The contractor will use Merit 2F and Safari 20SG or their chemical equivalents when similarly labeled materials are available with prior approval from the Technical Project Officer. Pesticides will be appropriately labeled for specific application.

3.4 Minimizing Impacts to Non-Target Species. All applications will be in accordance with state and federal guidelines. No spraying shall be performed when wind speeds exceed specifications listed on the pesticide label, or 10 mph, whichever is less. Treatment will occur only when tree bark is dry and more than 48 hours before any forecasted rain event.

4. NOTIFICATION OF TREATMENT

The contractor will provide a 72-hour notice to the Technical Project Officer before arriving at the site locations for treatment work. This will avoid any conflicts with ongoing Refuge management activities and ensure that Refuge staff is available to answer questions, if required, and to participate in any reconnaissance that may be conducted. The telephone number for the office is listed above.

5. HANDLING, MIXING, APPLICATION RATES AND METHODS

5.1 Handling and Mixing. All pesticides will be handled and stored in accordance with instructions on the EPA registration label. All pesticides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. Mixing water cannot be supplied at the site and the contractor is expected to supply their own mixing water. The contractor is required to provide a secondary containment system around their pesticide mixing area when pesticides are mixed, if mixed on government property. This containment system must be constructed of impervious materials.

In addition, the contractor will ensure that no contamination of any water source occurs, and that emergency spill containment equipment is at the worksite and is capable of containing all potential pesticide spills from contractor vehicles/equipment. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty pesticide containers and litter resulting from contract activities on government property.

5.2 Equipment. Required equipment includes sprayers (backpack, ATV sprayers, etc.) and necessary personal protective equipment. The equipment used by the contractor shall be designed for such work and operated in a safe manner. The equipment will be limited to function only within designated areas (Figures 2, 3, and 4). The equipment will be capable of accurately delivering a predetermined rate per acre dosage of pesticide and proof of calibration for broadcast sprayers will be provided or demonstrated upon request. Equipment is required to be cleaned before arrival on site to avoid spreading invasive weeds.

5.3 Rates and Method of Application. Application rates will be per the specification on the material safety data sheet, labeling and manufacturer's suggested rate tables, per chemical used, and the desired results identified in “3.2 Treatment Objectives”.

6. SAFETY AND CERTIFICATION

6.1 Safety Manual. Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for his/her employees and government workers.

6.2 Hazard Communication. The contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR) 1910.1200 or 1926.59. The written hazard communication program shall address, as a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Material Safety Data Sheets (MSDSs).

6.3 Licensing. The contractor, all of her/his employees, and any subcontractors performing any of the work under this contract shall possess a valid state commercial pesticide applicator's license for New York and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the contractor in performing that work.

6.4 Public Safety. Public safety must be ensured when spraying or using pesticides. In application areas where there is potential for use by the public, the Refuge staff will station personnel to enforce closure during time of spraying and/or place appropriate warning signs which inform the public that pesticide application work is on-going.

6.5 EPA Registration Label. All work shall be performed in accordance with the instructions on the EPA registration label of the chemical pesticides used. All safety instructions featured on the label shall be strictly adhered to.

6.6 Material Safety Data Sheets. Material Safety Data Sheets (MSDS) shall be submitted to the Contracting Officer with the “Application Plan” as outlined in Section 7.1. The Contractor shall also make these MSDSs readily available to all affected contract employees.

6.7 Spills and Contamination. The contractor shall submit as part of the "Application Plan" described in Section 7.1, the response measures to be implemented should a spill or contamination occur. The contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination. Immediately following this initial response, the contractor shall notify the appropriate Project Officer at the work location and other appropriate local, state, and federal officials. Subsequent to these actions, the contractor shall take actions to clean up the spill as recommended by the Project Officer.

Should a personnel contamination occur, the contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s). Immediately following the contractor's initial response, the incident shall be reported to the appropriate Project Officer.

7. SUBMITTAL AND REPORTING

7.1 Application Plan. The contractor shall submit an electronic copy of an application plan to the Contracting Officer. This plan shall outline the types of pesticides, planned application rates, hyperlinks to the most current SDS (former MSDS) and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan.

Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying pesticides have read the MSDS's and that personal protective equipment as specified by the MSDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 working days of the notice of contract award and prior to the desired start of work. Government approval of this plan in no way relieves the contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.

7.2 Post-Application Documentation. The contractor shall submit a spray log to the Project Officer detailing: day(s) and time(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover). The contractor shall also provide ArcGIS shapefiles, geodatabase, or similar mapping file (e.g., kmz, kml, gpx, etc.) with layers to the refuge Project Officer identifying all trees that were sprayed. Files will be geo-referenced using the Grid Coordinate System: UTM zone 17 and Horizontal Datum: NAD 1983.

In addition, copies of spray logs will be submitted to the Project Officer within 10 working days of each application.

8. PREWORK MEETING

Within 10 days of accepting the contract, the contractor shall contact the Contracting Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. This meeting can occur onsite or by phone dependent on location and availability of contractor and Technical Project Officer. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

9. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance. The contractor will carry liability insurance that will cover the application of pesticides as defined in this specification. This coverage will include as a minimum, drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $10,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer prior to award of the contract. The insurance must provide coverage for the entire contract period.

The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure insurance will be grounds for non-award and termination of the insurance during the performance period of this contract for any reason will be grounds for termination of this contract. The contractor will be in default and the contract terminated if the insurance lapses and is not immediately replaced with equal coverage. (If insurance lapses, work will be suspended pending replacement insurance. The delay is not compensable to the contractor).

9.2 Government Liability. The Government assumes no liability from the contractor's performance of the contract work. The contractor shall hold and save the Government harmless from any and all liability arising from the performance of the contract.

9.3 Responsibility for Damages. The contractor is responsible for all damages to persons and property resulting from performance of the contract work.

10. WARRANTY

The contractor warrants that:

Should the desired results not be achieved, as described in “3.2 Treatment Control Objectives”, the contractor will, at no additional cost to the Government, apply the pesticide to select trees that were missed or inadequately treated (i.e., less than 95% spray coverage between 0.5 and

4.5 feet above the ground) during the original application. This follow-up treatment will occur between September 1 and October 31, 2024, or between April 1 and May 15, 2025. The determination as to the acceptable performance of the contractor and the need to reapply the pesticides will rest solely with the NWR Technical Project Officer, or their authorized representative. A request to retreat trees may be either verbal or in writing.

10.2 Damage Control. The contractor is responsible for damages to persons or property within and outside the treatment areas resulting from the performance of the contract work. Damage costs as determined by government personnel will be charged in the form of a fine for the cost of rehabilitation or replacement of the affected resources. Other penalties may be assessed based on local, State, or Federal laws.

11. INSPECTIONS AND ACCEPTANCE

Work will be inspected periodically for conformance with these specifications for timeliness, safety and results achieved.

Table 1. List of preferred and permitted pesticides to be used for this project. Any pesticide alternative not included on this list will require review by Technical Project Officer.

Figure 1. Location of HWS treatment sites indicated by green dots on Iroquois NWR in Genesee and Orleans Counties, NY.

Figure 2. Treatment Site 1. Milford Posson RNA on Iroquois NWR, Orleans County, NY. 29.0-acre area, approximately 67 trees (yellow dots) to spray within area, totaling approximately 1314 diameter inches.

Shapefiles are available to contractor upon request.

Figure 3. Treatment Site 2. Onondaga Trail Area on Iroquois NWR, Genesee County, NY. 55.0-acre area, approximately 72 trees (yellow dots) to spray within area, totaling approximately 1319 diameter inches.

Figure 4. Treatment Site 3. O’Brien Marsh Area on Iroquois NWR, Orleans County, NY. 8.1-acre area, approximately 23 trees (yellow dots) to spray within area, totaling approximately 462 diameter inches.