JRandRRV_InvasiveSpeciesSOW_2021_kudzu_chineseprivet_2021.docx

STATEMENT OF WORK

(SOW)

Invasive Species Work in Eastern Virginia Rivers NWRC

1. GENERAL INFORMATION

1.1 Introduction. This contract outlines the invasive species work of kudzu (Pueraria montana), on Rappahannock River Valley NWR and Chinese privet (Ligustrum sinense) in James River NWR.

In Rappahannock River Valley NWR (Figure 1), our request is for the control and treatment of target kudzu on 12 acres of the Styer-Bishop Tract (King George Co., VA; Figure 2). In James River NWR (Prince George Co. , Figure 3), our request is for the control and treatment of 7.1 acres of chinese privet (Figure 4).

Kudzu sites are accessible via gravel roads and require a foliar spray. Chinese privet treatment sites are accessible via dirt and gravel roads and require a combination of mulching and foliar spray for new growth. Work shall consist of furnishing all equipment, labor and materials necessary to accomplish the specified vegetative control and treatment. Spraying will take place by backpack sprayer. Additional methods can be proposed to Project Officer. After spraying, the contractor will provide spatial data indicating areas sprayed, and spray application rates.

1.2 Objectives. The objectives of this project are to: 1) conduct a herbicide foliar spray on kudzu in Rappahannock River Valley NWR; 2) cut and spray existing and foliar spray for new growth of Chinese privet James River NWR.

The Rappahannock River Valley NWR requires foliar treatment on the Styer Bishop Unit (Figure 2) which contains 12 of the 22 acres of kudzu. The requested treatment is part of the implementation of an integrated pest management plan. This plan includes spring cutting of vines, prescribed goat grazing, prescribed fire and annual herbicide application.

The James River NWR (Figure 3) requires a new growth foliar spray of 6 acres of a monoculture of privet and a cut and swab treatment of privet on the surrounding 7.1 acres at the northern part of the Refuge (Figure 4). This will be a continuation of treatments from 2020 and spring 2021. After treatment, Refuge Staff will be monitor the stand for new growth and spray with a foliar spray or hand pull.

1.3 Scope. The contractor shall furnish necessary herbicide and surfactant either listed below in this scope or on the Refuge Approved Herbicide List (Table 1). Any herbicide not listed on this SOW will require approval from the Project Officer prior to application. We recommend the use of Transline (Kudzu) and Rodeo (Chinese privet)

For kudzu treatment, the recommended foliar treatment will consist of Transline or an equivalent chlopyralid product and necessary adjuvant are required. The herbicide applications shall occur between August 15-October 15 of 2021, or 2022 if unable to conduct work in 2021.

For Chinese privet, spot treating with a chainsaw and immediate cut stump spray with a triclopyr or glyphosate and necessary adjuvant are required. The cut stump spray treatment could occur anytime between September 2021 and August 2022.

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

1.4 Period of Performance. The period of performance shall be through September 30, 2022 with all applications occurring between August 1 and November 15, in line with recommended application window specified in Section 1.3. While not preferred, if there is an absolute reason that the contract is unable to conduct work by August 2022, treatments can be moved to occur in 2023.

2. LOCATIONS, CONTACTS

2.1 General Location. Rappahannock River Valley NWR (Figure 1) and James River NWR (Figure 3). Estimated application acres, chemicals to be used, and Project Officer (project contact personnel) are as follows:

2.1.1 Locations. The kudzu work areas are in Port Conway, VA (Figure 1), Chinese privet work areas are in Prince George County, VA (Figure 3).

2.1.2 Acres to be treated.

These treatment units will be mapped and spatial data will be supplied to the contractor by FWS prior to application.

On Rappahannock River Valley NWR, the contractor will treat 12 of the 22.6 acres of kudzu on the Styer Bishop Tract (Figure 2). In James River NWR, the contractor will treat 7.1 acres of Chinese privet (Figure 4). The total treatment acres are 29.7 acres.

2.1.3 Herbicide/Surfactant.

Herbicides and surfactant also referenced in Scope, section 1.3. While we highly suggest using the following herbicides, alternatives are listed in Table 1.

For kudzu: 2/3 pints per acre Transline (or equivalent), in combination with 2 to 3 quarts of necessary adjuvant mixed with 100 gallons water. The contractor will apply up to 10 gallons of mixture per acre.

For Chinese privet cut stump sprays: 20% triclopyr herbicide per 80% non-ionic adjuvant. The contractor will apply up to 2 gallons of mixture per acre.

For Chinese privet foliar sprays: 2 2/3 fl. oz. of Rodeo Herbicide per gallon of water or necessary Aqueanet. 1/3 fl. oz. of Kinetic Nonionic Surfactant will be added as the surfactant. The contractor will apply up to 10 gallons of mixture per acre.

2.1.4. Project Officer Contact. Lauren Cruz, 336 Wilna Road, Warsaw, VA 22572 (phone: 804-313-5648).

2.2 Site Location. Treatment areas are located within the polygons depicted in Figure 2 and 4. Treatment of kudzu on the Styer Bishop Tract extends beyond Refuge Boundary. Project Officer will attain permission to treat from neighbor prior to treatment.

3. CONTROL GOALS AND HERBICIDES

3.1 General. Specific treatment areas are identified on the maps and drawings (Figure 2 and 4). The contractor is encouraged to visit the sites to determine the logistics required for the work. The purpose of this treatment is to achieve the vegetation control goals described in the next paragraph.

3.2 Vegetation Control Objectives. All of the identified unit areas will be sprayed, with each area receiving at least 95% coverage of individuals by foliar spray and 95% coverage of individual plants treated in cut stump spray and basal bark treatment, with 95% of the targeted species killed 30 days post treatment for foliar spray. If less than 95% control is achieved, contractor will re-apply by September 15 of the next year, at their expense. The Project Officer will be responsible for documenting that less than 95% of the area was effectively treated, and notifying the contractor within 45 days after the spraying activity (e.g. will survey the area, take digital photographs).

3.3 Herbicide Selection Procedure. The contractor will use “Transline”/clopyralid 40.9% (for kudzu) and Garlon 4/Triclopyr 61.6% (for Chinese privet) or their chemical equivalents when similarly labeled materials are available and/or other NWR Project Officer pre-approved pesticides (Table 1). Herbicides will be appropriately labeled for specific application. No restricted use herbicides are allowed. No herbicides can be used on National Wildlife Refuge property without prior approval from the Project Officer. In addition, all carriers and adjuvants must be non-toxic as well as approved by Project Officer. The surfactant shall be added per label instructions to all herbicide mixtures. Signs to alert visitors of sprayed areas will be required for the areas treated in James River NWR.

3.4 Minimizing Impacts to Non-Target Species. All applications will be in accordance to the best management practices of the State of Virginia and federal guidelines. No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is less, or wind directions are likely to result in drift to non-target areas. Broadcast spraying will occur more than 24 hours before forecasted rain event.

4. NOTIFICATION OF TREATMENT

The contractor will provide a 72-hour notice to the NWR Project Officer before arriving at the site locations for herbicide 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 also 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 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 can be supplied at the James River NWR and the Styer-Bishop Unit Sites. The contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides 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 herbicide 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 herbicide 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 the patches of invasive species and adjacent roads. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide and proof of calibration for broadcast sprayers. Equipment requires to be cleaned before arrive on site as to not spread invasives.

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 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 herbicide applicator's license for Virginia 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 herbicide 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 herbicides, 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 herbicides 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 to the refuge Project Officer showing areas sprayed. Shapefiles will be geo-referenced using the Grid Coordinate System: UTM zone 18 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 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, runoff, 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 nonaward 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 are 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. The contractor shall return any Government furnished property (such as the handy flat) to the Government in the condition that it was received, ordinary wear and tear excepted. The contractor shall repair or replace, at the option of the Contracting Officer, any Government furnished property lost or damaged in the course of the contract work.

10. WARRANTY

The contractor warrants that:

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, between August 15 and September 30 of the following year. The determination as to the acceptable performance of the contractor and the need to reapply the herbicides will rest solely with each NWR Project Officer, his authorized representative. A request to retreat an area may be either verbal or in writing.

10.2 Damage Control. 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

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

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

For kudzu treatment

For Chinese privet treatment

4.166/ ac

Figure 1. Location of kudzu treatment sites on Refuge Tracts in King George (Styer Bishop Tract).

Figure 2. Treatment Site. Styer-Bishop Tract in Rappahannock River Valley NWR; King George County. 18.66 acres of kudzu. The contractor will treat the kudzu on the adjacent property since the Refuge has received permission to treat here. Shapefiles are available to contractor upon request.

Figure 4. Location of James River NWR, Prince George County.

Figure 4. Chinese Privet Treatment site (7.1 acres of Chinese privet). Orange represents the area to receive cut stump spray treatment. Green represents the area to receive a foliar spray (6 acres).

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