B08_-_Scope_of_Work.pdf

Statement of Work

STATEMENT OF SERVICES

Herbicide Application

Erie National Wildlife Refuge 11296 Wood Duck Lane, Guys Mills, PA, 16327

1. GENERAL INFORMATION

1.1. U.S. Fish & Wildlife Service is seeking quotes from qualified/certified Contractors for spraying herbicide to control and eradicate aquatic invasive plant species including Curly-Leaf Pondweed, Eurasian watermilfoil, and native but weedy Spatterdock through the application of chemical herbicides on specified areas at Erie National Wildlife Refuge (NWR). Work shall consist of furnishing all necessary equipment, labor, approved herbicide, water (carrier), insurance and supervision necessary to accomplish the specified vegetative control measures.

1.2. Background: Control of aquatic invasive plants has been necessary to reduce and/or eliminate infestation and habitat degradation of refuge habitats. Large-scale infestation of several invasive plants has required continued management to improve habitat for migratory birds and improve the biological integrity of the refuge. This project is required to continue to reduce infestations in new infestation sites recently documented through inventory work, with a focus on reducing invasive species presence in emergent wetlands.

1.3. Scope of Work: Pennsylvania Certified Pesticide Applicators (Category 9: Aquatic pest control;

See Appendix 1) are needed to spray Rodeo or AquaNeat herbicide on targeted species in approximately 27.25 acres of emergent wetland habitat and spray Aquathol K on targeted species in approximately 12.5 acres of emergent wetland habitat within Erie National Wildlife Refuge’s Sugar Lake Division, located in Randolph Township, in Crawford County, Pennsylvania.

1.4. Timeframe/Period of Performance: Herbicide application will occur between July, 2026 and

September, 2027. Applicators will perform and complete the work during the specific time frame for each invasive plant to ensure effectiveness for target species.

1.5. All herbicide application shall be consistent with the product label instructions, manufacturer's guidance, and the requirements of this contract. All herbicide applications shall also comply with approved refuge pesticide use proposals and all applicable U.S. Fish and Wildlife Service policies. See Paragraph “3.3 Herbicide Selection Procedure”.

2. LOCATION

2.1. General Location: Erie National Wildlife Refuge, 11296 Wood Duck Lane, Guys Mills, Pennsylvania. Approximately 39.75 acres.

3. TREATMENT AREAS, CONTROL GOALS AND HERBICIDES

3.1. General: Treat the designated locations comprising approximately 39.75 acres of emergent wetland habitat at four sites located within the Sugar Lake Division of Erie National Wildlife Refuge, in Randolph Township, Crawford County, PA. The site locations are clearly shown in the map (see attachments).

3.2. Vegetation Control Objectives: A minimum of 75% of mapped target infestation acreage shall receive herbicide application coverage during treatment operations by foliar spray and or subsurface injection. The Refuge Project Officer will be responsible for documenting that less than 75% of the area was treated, and notifying the Contractor, as soon as possible after the spraying activity (e.g. will survey the area, take digital photographs).

3.3. Herbicide Selection Procedure: Herbicide Rodeo or AquaNeat (Glyphosate, isopropylamine salt (53.8%)) and Aquathol K (Endothall (Dipotassium salt of endothall (40.3%)). Herbicides must be registered for aquatic use. 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.

3.4. Minimizing Impacts to Non-Target Species: No spraying 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. The Contractor shall take all reasonable precautions to prevent off-target drift or deposition onto non-target vegetation, waters, public use areas, and adjacent properties. No spraying 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.

4. NOTIFICATION OF TREATMENT

4.1. The Contractor will provide a 72-hour notice to the Refuge Project Officer before arriving at the site location for herbicide treatment work. The Refuge Project Officer retains the right to determine whether spraying at any time is appropriate, due to weather (including wind) and other considerations.

5. HANDLING, MIXING, APPLICATION RATES AND METHODS

5.1. Handling and Mixing: All herbicides will be handled and stored in accordance with instructions on the EPA registration label. All herbicides 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 is the responsibility of the Contractor. The Contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. 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 herbicide containers and litter resulting from contract activities on government property.

5.2. Equipment: The equipment used by the Contractor shall be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide. For the most part, the work is to be done by boat or airboat using spraying equipment to deliver herbicide effectively, ensure even distribution through the water column, and to minimize spray drift. All boats, airboats, trailers, pumps, hoses, and associated equipment shall be inspected and cleaned prior to movement between treatment areas to prevent spread of aquatic invasive species.

5.3. Rates and Method of Application:

Application rates shall conform to EPA-approved product labeling, manufacturer recommendations, and approved use patterns identified in the refuge-approved pesticide use proposal, which shall be provided to the successful Contractor following contract award, to achieve the objectives identified in Section 3.2, Vegetation Control 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 themselves and others.

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 Safety Data Sheets (SDSs).

6.3. Licensing: The Contractor or any employees or sub-contractors performing any of the work under this contract shall possess a valid Pennsylvania commercial herbicide applicator's license 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. Evidence of such licensing shall be submitted in accordance with the "Application Plan" as outlined in Paragraph 7. 1. All appropriate certification and licensing required by the Environmental Protection Agency and the Commonwealth of Pennsylvania - Department of Agriculture, pertaining to the use and application of herbicides, shall be the responsibility of the Contractor.

Certifications, licenses and/or permits shall be valid for the period of application and available for inspection.

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 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 herbicide used. All safety instructions featured on the label shall be strictly adhered to.

6.6. Safety Data Sheets: Safety Data Sheets (SDS) shall be submitted to the Refuge Project Officer with the “Application Plan” as outlined in Section 7.1. The Contractor shall also make these SDSs 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 Refuge 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 Refuge 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 Refuge Project Officer.

7. SUBMITTAL AND REPORTING

Application Plan: The Contractor shall submit an electronic copy of an application plan to the Refuge Project Officer. This plan shall outline the types of herbicides, planned application rates, hyperlinks to SDS's 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 herbicides have read the SDS's and that personal protective equipment as specified by the SDS'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.

7.1. Post-Application Documentation: The Contractor shall submit a spray log to the Refuge 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 provide GIS deliverables that consist of polygon shapefiles or geodatabases depicting treated areas in NAD83 Pennsylvania State Plane North projection, including attributes for treatment date, applicator, herbicide used, and acreage treated no later than four weeks after spraying is complete.

8. SITE INSPECTION & PREWORK MEETING

8.1. On-site inspections will be available to all potential bidders on Monday, June 8, 2026, between the hours of 10:00am and 2:00pm. Contractors interested in site inspections should arrive at 10:00am at the Refuge’s Headquarters office located at 11296 Wood Duck Lane, Guys Mills PA 16327 parking lot at: 41.626557, -79.960301.

8.2. Within 10 days after contract award, the Contractor shall contact the Refuge Project Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. 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. 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.

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:

10.1. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, 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

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

Erie National Wildlife Refuge Herbicide Contract for Emergent Wetlands within the Sugar Lake Division

Full Description Pennsylvania Certified Pesticide Applicators (Category 9: Aquatic pest control) are needed to spray Rodeo (or comparable) and Aquathol K herbicide to treat the designated locations comprising approximately 39.75 acres of emergent wetland habitat at four sites located within the Sugar Lake Division of Erie National Wildlife Refuge, in Randolph Township, Crawford County, PA. Herbicide application will begin no sooner than June 15, 2026.

The equipment used by the Contractor shall be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide. For the most part, the work is to be done by boat or airboat using spraying equipment to deliver herbicide effectively and minimize spray drift.

Applicators are expected to meet with the Refuge Biologist before starting the project, as well as to give weekly updates on progress.

Large scale infestation of several invasive plants has required continued annual management to improve the biological integrity of refuge upland and wetland habitats. In addition, previous applications have only treated portions of infested areas on the refuge. This project is required to continue to treat new infestation sites recently documented through annual inventory efforts. Due to the recurring nature of invasive species issues, the need to maintain treatments to prevent re-infestation of previously treated sites, and address new infestations not previously treated the refuge requires this contract to meet its habitat management objectives. The refuge is also obligated to treat invasive species which can impact habitat quality to meet the objectives of 601 FW3 (3.16).

Suggested Contractors

Aquatic Environment Consultants, Inc.

PO Box 307 Scotland, PA 17254 717-264-9778

Rational for Suggested Contractors: Aquatic Environment Consultants, Inc. (AEC) are a company focused on ecological restoration and consulting work in Pennsylvania and are trusted by NPOs and state agencies alike for herbicide applications amongst rare plants and in high-quality habitats. The refuge has worked with Aquatic Environment Consultants, Inc. on similar projects, targeting invasives in wetlands, in 2020, 2021, and most recently in 2023.

We found their company to be professional, and they provided the service under expected cost estimates. They coordinated closely with the refuge project officer before and after the project work as expected and required.

Other contractors

SOLitude Lake Management 561 Lincoln St. Suite 2 Oxford, PA 19363 866-563-0651

Aqua Doc 245 N Perry Highway Mercer, PA 16137 800-689-5253

Aqua Link 1519 Broad Street Perkasie, PA 18944 215-230-9352

Appendix 1

Categories of commercial and public applicators:

A commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the following applicator categories:

(1) Agronomic crops—The use of a pesticide in the production of an agricultural crop, including tobacco, grain, soybeans and forages and the application of a pesticide to noncrop agricultural land.

(2) Fruits and nuts—The use of a pesticide in the production of tree fruits, nuts and berries.

(3) Vegetable crops—The use of a pesticide in the production of vegetables, including, tomatoes, cabbage and celery.

(4) Agricultural animals—The use of a pesticide on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry or other livestock and to premises where these animals are confined.

(5) Forest pest control—The use of a pesticide in a forest, forest nursery or forest seed producing area.

(6) Ornamental and shade trees—The use of a pesticide in the maintenance of an ornamental tree, shrub, flower or other ornamental.

(7) Lawn and turf—The use of a pesticide in the maintenance or production of lawn and turf.

(8) Seed treatment—The use of a pesticide on seed.

(9) Aquatic pest control—The use of a pesticide on standing or running water, excluding the use of a pesticide in a public health-related activity described in paragraph (16).

(10) Right-of-way and weeds—The use of a pesticide to maintain a public road, an electrical power line, a pipeline, a railway right-of-way or a similar type of area or to control vegetation around a structure, such as an oil tank, utility sub stations, an industrial railway siding, an airport, a parking lot, a fence or an industrial building or for the control of an invasive weed species in other areas.

(11) Household and health related—The use of a pesticide in, on or around a food handling establishment, a human or nonagricultural animal dwelling, an institution such as a school or hospital, an industrial establishment, a warehouse, a grain elevator and other types of structures whether public or private. The application of a pesticide to protect a stored, processed or manufactured product is also included. The use of a rodenticide or avicide is permitted in this category. The use of a pesticide in outdoor perimeter treatments to control pests, which may infest the structure, is included.

(12) Wood destroying pests—The use of a pesticide to control or prevent termites, powder post beetles or other wood destroying pests infesting a residence, school, hospital, store, warehouse or other structures or structural components, including wooden objects contained in or associated with the structure and the area adjacent to those structures.

(13) Structural fumigation—The use of a fumigant in or to a structure for the control of pests affecting the structure or its fixtures or inhabitants.

(14) (Reserved).

(15) Public health vertebrate pest control—The use of a pesticide to manage and control a vertebrate pest such as rodents or birds, affecting public health.

(16) Public health invertebrate pest control—The use of a pesticide to manage and control an invertebrate pest affecting public health.

(17) Regulatory pest control—The use of a pesticide to control an organism designated by the Commonwealth or the Federal government to be a pest requiring regulatory restrictions or control procedures to protect man or the environment.

(18) Demonstration and research pest control—The use of a pesticide to demonstrate to the public the proper method of application for a pesticide and the use of a pesticide in research such as that undertaken by an extension specialist, county agent or vocational agriculture teacher.

(19) Wood preservation—The use of a pesticide in wood impregnation to control or prevent fungi, insects, bacteria, marine borers and other wood destroying pests and includes pole treating or restoration and the use of a fumigant for in-place treatment of utility poles.

(20) Commodity and space fumigation—The use of a fumigant in or to a structure, trailer, railcar, onboard ship, or in any type of fumigation chamber, such as under a tarpaulin for the control of pests in stored or in-transit commodities.

(21) Soil fumigation—The application of a fumigant to a soil environment.

(22) Interior plantscape—The use of a pesticide to control plant pests when the soil or plant to be treated is located within an enclosed structure.

(23) Park or school pest control—The use of a pesticide in a campground or recreational area of a public or private park or on school property.

(24) Swimming pools—The use of a pesticide in the care and maintenance of swimming pools.

(25) Aerial applicator—The use of a pesticide applied by aircraft to any crop or land area. Applicators in this category shall comply with § 128.85 (relating to ornamental or turf application) when making ornamental or turf applications.

(26) Sewer root control—The use of a pesticide to control vegetative growth in public and private sewage collection and distribution lines (e.g., drains, sewer systems).