B08_-_Statement_of_Work.pdf

Statement of Work

STATEMENT OF SERVICES

Herbicide Application

Missisquoi National Wildlife Refuge 29 Tabor Road Swanton, Vermont 05488

1. GENERAL INFORMATION

1.1. U.S. Fish & Wildlife Service is seeking quotes from qualified/certified Contractors for spraying herbicide to control and eradicate invasive plant species including Poison Parsnip, chervil, Canada thistle, Japanese knotweed, Phragmites and others through the application of chemical herbicides on specified areas at Missisquoi 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: Annual control of invasive plants has been necessary to reduce and/or eliminate infestation and habitat degradation of refuge grasslands and riparian habitat. Large-scale infestation of several invasive plants has required continued annual management to improve grassland habitat conditions for nesting bird species and improve the biological integrity of the riparian forest. This project is required to continue to reduce infestations in previously treated areas and begin treatment in new infestation sites.

1.3. Scope of Work: Vermont Certified Pesticide Applicators (Category 2: Forestry) are needed to spray Rodeo (or comparable) herbicide on targeted species in approximately 29 acres of along Route 78 and Mac’s Bend Road and ~5 acres in 56 patches of Phragmites and Japanese knotweed within the riparian forest along the Missisquoi River and Dead Creek at Missisquoi National Wildlife Refuge, in Swanton, Vermont. A boat will be required to spray between Rt. 78 and the Missisquoi River for parsnip, chervil and others as well as to access Phragmites and Japanese knotweed patches along the Missisquoi River and Dead Creek.

1.4. Timeframe/Period of Performance: Herbicide application will begin no sooner than June 1, 2024 for work on the west branch of the Missisquoi River and July 15, 2024 for grasslands on Tabor road. Applicators will perform and complete the work during two time frames to ensure effectiveness for each target species:

June 1 – June 30, 2024: Poison Parsnip, chervil, Canada thistle and others along Rt.

8/Mac’s Bend road August 15 - August 31, 2024: Phragmites and Japanese knotweed along rivers.

Dates after this window will be considered pending the Refuge Project Officer’s approval and evaluation of the onsite conditions.

1.5. All herbicide application shall be consistent with the product label instructions, manufacturer's guidance, and the requirements of this contract. See Paragraph “3.3 Herbicide Selection Procedure”.

2. LOCATION

2.1. General Location: Missisquoi National Wildlife Refuge, 29 Tabor Road, Swanton Vermont.

Approximately 34 acres (29 acres grassland along Rt. 78 and Mac’s Bend Road, ~5 acres of Phragmites and Japanese knotweed)

3. TREATMENT AREAS, CONTROL GOALS AND HERBICIDES

3.1. General: Spot treat the designated location comprising approximately 29 acres grassland along Rt. 78 and Mac’s Bend Road, ~5 acres of Phragmites and Japanese knotweed on the Missisquoi River at Missisquoi National Wildlife Refuge, in Swanton, Vermont.

3.2. Vegetation Control Objectives: A minimum of 80% of all of the identified infestations to be treated in the treatment areas will be sprayed with each infestation receiving coverage by foliar spray, to the degree that at least 80% of the live stems yellow prematurely within 2-3 weeks of the spray and die within one of year of treatment, or Contractor will re-apply in the very next year, at his/her expense. The Refuge Project Officer will be responsible for documenting that less than 80% 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 comparable. 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. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property.

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 walking transects in fields using backpack or other portable spraying equipment to deliver herbicide effectively and minimize spray drift. Some use of small ATVs or UTVs can be used along Mac’s Bend Road. A boat will be required to access road side invasives between Rt. 78 and the Missisquoi River as well as the riparian treatment for Phragmites and Japanese knotweed along the Missisquoi River and Dead Creek.

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 Vegetation Control Objective”.

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 Vermont 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 Vermont Department of Agriculture and Consumer Services, 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

7.1. 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.

7.2. 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 data (ESRI shapefiles in unprotected NAD83 format) on all treated areas no later than four weeks after spraying is complete.

8. PREWORK MEETING

8.1. 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. Should the desired results not be achieved, as described in “3.2 Vegetation Control Objectives”, the Contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs. The determination as to the acceptable performance of the Contractor and the need to reapply the herbicides will rest solely with the Refuge Project Officer, or the authorized representative. A request to retreat an area may be either verbal or in writing. A request to re-treat an area will be in the format of a contract modification.

10.2. 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.