Statement of Work 1240BE26Q0035.pdf

Statement of Work

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USDA Forest Service - R6 Pacific Northwest Umpqua National Forest

Silviculture Group - Supervisor Office Douglas County, Oregon

Umpqua NF Seed Orchard Herbicide Treatment

General Information

1.0 Scope of Work

2.0 Locations and Unit Descriptions

Contractor Requirements

3.0 Technical Requirements/Tasks

3.1 Restrictions

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3.2 Mobilization

3.3 Equipment

3.4 Treatment Specifications

3.5 Contractor’s Obligations

3.6 Definitions/Administrative Terms

3.7 Finishing and Cleanup

3.8 Contract Closeout

4.0 Inspection and Acceptance

4.1 Inspection

4.2 Acceptance

4.3 Rework and Reinspection

4.4 Reinspection Upon Contractor’s Request

4.5 Quantity Remeasurement

4.6 Basis of Payment

5.0 Deliverables/Schedule/Performance

5.1 Project Plan/Prosecution of Work

5.2 Commencement/Completion of Work

5.3 Interruption of Work

6.0 Special Requirements

6.1 Landscape Preservation and Hazardous Materials

6.2 Requirements Related to Vegetation Management Projects

7.0 Miscellaneous

7.1 Fire Prevention and Control

5.2 Undocumented Workers

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1. General Information A. Scope and Period of Work

The purpose of this contract is to procure a contractor to chemically treat vegetation using ground or hand based chemical sprays. Areas to be treated include Seed Tree Orchards on the North Umpqua and Tiller Ranger Districts of the Umpqua National Forest. Treatment will be a chemical spray either by hand or with a UTV that has a spray wand attachment. The primary objective is to treat either invasive species throughout the entire unit, or vegetation found 5 feet either side of new/old fence lines. All sites are accessible by vehicle.

B. Period of Work: May 4, 2026, through September 25, 2027.

C. Location and Unit Descriptions o All units will have rocky areas, slash, old fence material, brush, and stumps and logs to contend with.

o Attached vicinity and project area maps show the specific location of the project and each individual unit. All bid items are located within the administrative boundaries of the North Umpqua or Tiller Ranger Districts of the Umpqua National Forest, Douglas County, Oregon.

o Project work sites are accessible by standard pickup on Forest Service roads. Work sites are not gated or locked.

Except for slide removal, roads are expected to be open, the government will not perform special maintenance to keep roads open. All units have direct access from a forest road.

o The project is located on the Umpqua National Forest on the North Umpqua and Tiller Ranger Districts. See attached maps for exact locations.

o Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

The indications of physical conditions on the any drawing or in any specifications are the result of site investigations by surface observations.

Meridian Seed Orchard o The Meridian Seed Orchard is 14 acres and has a fence line of approximately 2,900 feet with a treatable ground area of approximately 0.70 acres. Fence line will be the only treatment within this unit. Fence line is currently vertically upright; however, it is old and sagging in places. Glyphosate will be the chemical herbicide of treatment.

o To access Meridian Seed Orchard: From Tiller Ranger Station, travel north on USFS Road 28 to the Zinc Creek Road (Rd 2980). Turn onto Rd 2980 and go south approx. 6 miles to crest, Meridian on right side of road.

o Meridian Seed Orchard: 43.0097°, -122.7545° Threehorn Seed Orchard o The Threehorn Seed Orchard contains 10 acres and has a fence line of approximately 2,700 feet (treatable ground area of 0.60 acres). Fence line will be the only treatment in this unit. There is a stream zone that intersects the fence line, it will be avoided (no spray within 50’ of stream course). Government will flag these stream points. Vegetation includes grass, forbs and smaller trees and brush. Fencing has been removed, but remnants remain in place. It is expected Contractor will treat the original fence line. One section of the fence line has been altered and will be flagged prior to treatment. Glyphosate (eg. brand Round-up) will be the chemical herbicide of treatment.

o To access Threehorn Seed Orchard: From Tiller Ranger Station, travel south on Tiller/Trail Highway (county) to the Threehorn campsite. Bear right and follow Road 1633 approximately 1 ¼ mile to unit access road on left.

o Threehorn Seed Orchard: 42.8087°, -122.8614° Wrens Seed Orchard o The Wrens Seed Orchard is 12 acres and has a fence line of approximately 2,900 feet with a treatable ground area of approximately 0.70 acres. Fence line will be the only treatment within this unit. Fence line is currently vertically upright; however, it is old and sagging in places. Glyphosate (eg. brand Round-up) will be the chemical herbicide of treatment.

o To access Wrens Seed Orchard: From Tiller Ranger Station, travel north on USFS Road 28 to the Road 2810 (Johnnie Springs), then follow to the 200. Drive up 2810-200 to approximately 5 miles to the 260 spur, right on 260 spur to orchard. Dead ends at top of orchard.

o Wrens Seed Orchard: 43.047°, -122.8541°

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Rosebud Seed Orchards o The Rosebud Seed Orchard is 23 acres and has a fence line of approximately 4,000 feet. (treatable ground area of 0.92 acres) This unit has three items that will need to be treated, a) The original fence line, b) several fence pilings that have been buried with ground vegetation (small areas of < 100 square feet), 60 planting spots - 9 square foot spots for future seed tree planting. Vegetation includes grass, forbs, and small brush. Glyphosate

(eg. brand Round-up) will be the chemical herbicide of treatment.

o To access Rosebud Seed Orchard: from North Umpqua Ranger Station, Highway 138 to Steamboat Road (38).

Turn left up Steamboat to Road 3816 (Robinson Creek). Make right and travel 5 miles to spur 100 then one mile to orchard.

o Rosebud Seed Orchard: 43.3776°, -122.58945° Spring Creek Seed Orchard

The Spring Creek Seed Orchard is 12 acres and has a fence line of approximately 2,900 feet with a treatable ground area of approximately 0.70 acres. This unit has three items that need to be treated, a) the entire unit acreage needs to be treated for knapweed and Scotch broom, b) the fence line needs to be treated 5 feet either side of the original fence, and c) the unit has a large landing that needs treatment for knapweed and Scotch broom (approx. 1/2 acre). Fence line has been removed. Also, the fence line will be moved south approximately 50 feet, so it is located outside the stream zone on the north edge; government will mark this prior to treatment. Glyphosate (eg. brand Round-up) will be the chemical herbicide of treatment for fence line; Dicamba or Tricolypr will be the chemical herbicide treatment for the knapweed/Scotch broom acreage treatment. This unit will need the large landing and the entire unit treatment for knapweed and Scotch broom in 2026 and 2027.

To access Spring Creek Seed Orchard: From North Umpqua Ranger Station, travel east on highway 138 to Steamboat Road (38). Up Road 38 to road 3806, left on road 3806 for ½ mile, stay left onto 002 spur then then first right on 010 spur. Road dead ends at orchard.

Spring Creek Seed Orchard: 43.0097°, -122.7545° Timber Bench Seed Orchard o The Timber Bench Seed Orchard is 12 acres and has a fence line of approximately 3,000 feet with a treatable ground area of approximately 0.70 acres. Fence line will be the only treatment within this unit. The fence has been removed, so treatment will be in the footprint of the original fence line. Vegetation is mostly limited brush, weeds/fern and ground level vegetation. Glyphosate (eg. brand Round-up) will be the chemical herbicide of treatment.

o To access Timber Bench Seed Orchard: from the North Umpqua Ranger Station, travel east on highway 138 to Wright Creek Road (4711). Turn right (south) and follow road until makes sharp corner, continue on the sharp corner spur 015 and follow up to orchard.

o Timber Bench Seed Orchard: 43.3085°, -122.7906° Buckeye Seed Orchard o The Buckeye Seed Orchard is 12 acres and has a fence line of approximately 2,900 feet (treatable ground area of

0.70 acres). Fence line and several areas of blackberry will be the treatment in this unit. Vegetation includes grass, forbs and random brush. Fencing has been removed but remnants of fencing still remain; it is expected the Contractor will treat the original fence line. Glyphosate (eg. brand Round-up) will be the chemical herbicide of treatment.

o To access Buckeye Seed Orchard: From Tiller Ranger Station, travel northeast on USFS Road 28 to USFS Road 29.the Zinc Creek Road (Rd 2980). Turn onto USFS Road 29 for ¼ mile, then right on Coyote Creek Rd. Travel approx. 2 miles to the 200 spur, turn right and follow to seed orchard. Road dead ends at orchard.

o Buckeye Seed Orchard: 43.0326°, -122.7195° o Contractors are strongly encouraged to visit these project sites prior to submitting their bid to verify the details of the scope of work, including the location of the project and proposed improvements, existing conditions, 4/1/2026 Umpqua National Forest Seed Orchard Herbicide Treatment Page 5 of 13 actual distances, feasibility of the work as described, etc. Coordinate site visits with USFS Forest Silviculturist:

Marisa Bowen (575) 636-9451 email: marisa.bowen@usda.gov o Project sites are an orchard of spaced conifer trees with grass/forb ground cover. Brush and natural vegetation surround the area. Project sites have been brushed (2023, 2024), and fire breaks, which removed trees and brush have been installed outside the fence lines. Project sites are accessible from asphalt and gravel paved roadways and have existing gate entrances. Slopes are relatively uniform and gradual to moderate.

o Soils are typical of area. Refer to USDA National Cooperative Soil Survey (NCSS) for soil survey information available online https://websoilsurvey.nrcs.usda.gov. No specific site geotechnical reports are available.

o The Contractor shall be responsible for locating and protecting existing structures, trees, and utilities that are not designated for removal during construction operations. In the event of damage to existing structures, trees, or utilities, stop all work associated with the damage, and immediately notify the Contracting Officer. Repair the damage as directed by the Contracting Officer at the Contractor’s expense.

Meridian Seed Orchard

Buckeye Seed Orchard mailto:marisa.bowen@usda.gov https://websoilsurvey.nrcs.usda.gov/

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Wrens Seed Orchard

Spring Creek Orchard

Timber Bench Orchard

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Rosebud Orchard

2. Contractor Requirements This section contains technical specifications for conducting herbicide spray.

A. Technical Requirements / Tasks o Contractor shall provide all materials, labor, and equipment necessary to complete herbicide spray of seed orchards. One unit (Spring Creek) will be entirely treated for invasive weeds. Contractor will be purchasing herbicide needed.

o All work shall be done in accordance with Oregon Occupational Safety and Health Act (OSHA) regulations and the State pesticide regulations. Contractor will be required to have at least a single person who has obtained an Oregon Pesticide Applicators license.

4/1/2026 Umpqua National Forest Seed Orchard Herbicide Treatment Page 8 of 13 o Contractor shall apply herbicide in accordance with State Regulations and the product manufacturer's recommendations.

o Coordinate operations and inspections with COR or Contracting Officer for approval of specific items.

B. Restrictions

• Fuel – The Contractor shall not refuel equipment or store fuel within 150 feet of streams or water bodies, regardless of the presence of water during contract implementation.

• Seasonal Restriction – None.

• Fire Prevention – The Contractor shall obey the attached Fire Protection and Suppression Forms.

• Camping – Camping on National Forest System lands during performance requires a permit issued by the CO and is subject to additional requirements.

• Archaeology and Cultural Resources – It is illegal to collect cultural artifacts on federal lands. If during performance, the Contractor discovers any cultural artifacts or suspected cultural artifacts, they shall leave the items undisturbed and immediately notify the CO. There are no known archaeological or cultural sites within these units.

• Invasive Plants and Equipment Cleaning – To prevent the spread of invasive plants, the Contractor shall ensure all vehicles and equipment are clean and free from seeds, soil, mud, and other vegetative debris prior to entering National Forest System lands. The CO may inspect compliance with this requirement at any time. If found to be unsatisfactory, the Contractor shall clean any identified items prior to starting or continuing work.

All cleaning shall take place off National Forest System lands.

C. Mobilization

This work shall consist of preparatory work and operations necessary for the movement of personnel, equipment, supplies, labor, and incidentals to the project site, and for bonding costs and all other work and operations that must be performed or that cause costs to be incurred prior to beginning work on the various items on the project site. This includes providing all required fire protection equipment and personnel.

Coordinate inspection from CO for equipment prior to mobilization to verify equipment meets contractual requirements and is weed free.

D. Equipment o The Contractor is expected to chemically spray herbicide within units and fence lines by using an UTV/ATV, with a spray tank and spraying wand attachment, or by using hand-based methods (chemical spray tanks or backpack tanks). Treatment will only be these ground methods. The UTV/ATV option can be applied to full unit treatments. Fenceline and spot spraying shall be conducted by using hand methods.

o The government is not responsible for any Contractor equipment left onsite.

E. Treatment Specifications

Unless otherwise agreed to by the Contracting Officer, the following specifications shall apply:

• Units shall be treated with herbicide designated. Timing of spray operations will be subject to government “notice to proceed”.

• All units have fence lines that need treatment. Fence rows shall be sprayed 5 feet either side of the original fence line. Units may have a targeted species, but all unwanted vegetation will be treated, brush/grass. Specified vegetation 3 feet in height or less shall be treated. Some units will have their fence line adjusted from the original layout, these adjustments will be flagged with wire stake flags by the Government and the Contractor will treat accordingly.

• One unit, Spring Creek, will treat the entire unit acreage and adjacent log landing for knapweed and scotch broom two consecutive years.

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• An ATV attachment, shall not have a tank larger than 25 gallons and the wand extension shall be no wider than 5 feet, placed no higher than 12” above ground level, unless approved by the COR.

• Treatment shall avoid direct spray on all crop trees within units.

• The contractor shall limit chemical drift during treatment. Treatment shall be done when wind speeds are <10 mph. Treatment shall also occur when air temperatures are under 75 degrees Fahrenheit.

• Herbicide treatment shall not be done within 50 feet of stream zones.

• Water is not available onsite and will need to be transported to sites. Water will be available at the Tiller or North

Umpqua Ranger Station Offices. Herbicide solution strength will be determined by manufacturer and Government.

Contractor will be provided the mixture strengths at contractual pre-work.

• Herbicide will be purchased by the Contractor. Government will work with Contractor on brand and herbicide application rates.

F. Contractor’s Obligations The contractor shall provide all tools, labor, supervision, equipment, transportation of equipment, and incidentals needed to perform the work within the allowable contract time. The Contractor shall chemically treat using hand methods with handheld or backpack sprayers; the contractor may also use an ATV with an attachment on full unit treatments. All equipment is subject to inspection and approval by the COR prior to award of contract.

DEFINITIONS / ADMINISTRATIVE TERMS

1.0 Contracting Officer (CO) – A Government employee with the authority to award, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

2.0 Contracting Officer’s Representative (COR) - A Government person appointed by the Contracting Officer (CO) to help the CO with the contract administration and surveillance. The duties and responsibilities of a COR are defined in the letter of designation by the CO.

3.0 Crop tree – conifer tree within plantations that will be retained and managed as a future commercial product.

4.0 Crop tree damage – severing, nicking the stem, or injury caused by flying debris to crop trees.

5.0 Crop tree damage, major – injury to the crop tree bole that affects more than half the circumference of the cambium

6.0 Specified Vegetation – Any of the following:

• Arctostaphylos spp. – manzanita

• Ceanothus spp. – snowbrush, deer brush, buckbrush, blue blossom, red stem, etc.

• Salix spp. – willow

• Other woody spp. – blackberry, poison oak, chinkapin

• Other herbaceous spp. – grass, sedge, fern, etc.

7.0 Obstacles – defined as any immoveable down logs, woody material greater than 2”, any larger brush, fencing material, rock outcrop or geographic feature that cannot be mowed.

G. Finishing and Cleanup

• Dispose of all construction debris legally off Forest Service land.

• Leave the work site in a safe, clean condition at the end of each workday.

H. Contract Closeout

• Contract close out shall occur once all services have been accepted by the Government and final payment has been made to the contractor.

I. INSPECTION AND ACCEPTANCE

1. INSPECTION

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• The COR will make visual inspections after bid items are reported completed by the Contractor. Each bid item will be inspected as a separate unit and will not be averaged with any other unit for acceptance or payment. Inspection under this contract will be conducted between 7 and 14 days after receiving notice of completion from the Contractor. This time frame should allow herbicides to show the effect of treatment to assist in inspection by the Government.

• Inspections will be made by 100% visual inspection and walk throughs. If work is determined to be better than 90% acceptable by the COR or his representative, unit will be accepted and full payment made. If inspection is determined to be under 90% completed, then contractor will be asked to re-work unit.

• Inspections will determine compliance with a). area treated, b) proper application, and c) any crop tree damage.

• Crop tree damage by the Contractor, where it is obvious that the damage will result in loss of growth, form, vigor or increased susceptibility to disease, unit will be considered unacceptable and in non-performance.

The Contractor will be assessed a deduction from unit payment per crop tree seriously damaged. Penalty will be $500 per tree.

2. ACCEPTANCE

• Authority for final acceptance under the contract lies with the Contracting Officer.

3. REWORK AND REINSPECTION

• If the percentage of satisfactory work falls below 90%, the work will be considered unsatisfactory. The Contractor will be notified both verbally and in writing by the COR. The Contractor will be notified in writing and instructed to improve the quality of work. Work falling below 90% will require rework. If the Contractor reworks a unit, they are expected to meet the 90% quality. The Contractor will only be granted one re-work attempt. Payment will not be made on units that have less than 90% acceptable standard.

• The Contractor will be given three workdays to after the government’s written notice to complete any rework. The Contractor shall pay for all inspections of re-worked units. The Contractor will only be allowed to re-work a unit once.

4. REINSPECTION UPON CONTRACTOR REQUEST

• If the original inspection results are unacceptable to the Contractor, a re-examination may be requested.

Requests for re-inspection must be made in writing within 5 days of receipt of notice of initial inspection results.

Re-inspections will be done by a person other than the original inspector.

5. QUANITY REMEASUREMENT

• Contract acres/feet were obtained from prior historical contracts or were measured using remote delineation of aerial photographs via GIS.

• Remeasurement of the acreage under this contract will be made upon the written request of the Contractor.

The request for remeasurement must be made in writing five (5) days after treatment has been completed on the unit. he remeasurement will be made within the existing perimeter of the respective unit. No variation of the unit perimeter as laid out on the ground for this contract will be allowed.

• If remeasurement indicates that a variation from the Schedule of Items of 10 percent or less exists, the Contractor shall pay for the cost of remeasurement. If remeasurement indicates the acres varies more than the 10%, then the government will pay the remeasurement costs. In all cases where a remeasurement is requested the unit payment will be computed using the remeasured acres.

6. BASIS OF PAYMENT

• Measurement and payment for contract work will be made only for “work ordered under” pay items included in the Schedule of Items. Final payment will be made on the number of acres, or lineal distances satisfactorily completed as determined by the Contracting Officer or COR. Acceptance of the work will be determined by an inspection of the area and will be based on adherence to the work specifications.

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J. DELIVERABLES / SCHEDULE /PERFORMANCE

1. Project Plan/Prosecution of Work

• At the Pre-work meeting, submit a proposed work schedule detailing the work in sufficient detail to show the approximate days that significant work items for each portion of the project will be conducted.

• At the pre-work conferences, the parties will develop a written work progress plan that provides for the orderly completion of the work within contract time. The Contracting Officer may order suspend work orders or a cancellation of work at any time. This may be for Contractor performance or for reasons unforeseen that has nothing to do with this contract.

• The Contractor shall allow at least 7 days for review and approval of the schedule to give Forest Service personnel time to prepare for partial closures and other disruptions. Work must commence within 5 business days from the issuance of the notice to proceed (NTP).

2. Commencement and Completion of Work

• The contractor shall be required to a) commence work under this contract within five days after effective date of notice to proceed., b) prosecute the work diligently, and c) complete the work within the dates stated below.

• This contract is a multi-year contract. The intent is to work part of the contract in calendar year 2026 and the remainder in 2027. One unit (Spring Creek) will need entire unit and landing treated both years, the fence line will only be treated in one year. The remainder of the units will only be treated once in 2026. Award to contract will depend on Bid prices, funds availability (Government budget), and silviculture group capability. The projected treatment periods under this contract are: May 4, 2026 – September 25, 2027 (See Below).

LENGTH OF CONTRACT: May 4, 2026 – through – September 25, 2027

Bid Item Projected Work Period Contract Time Application 0001 05/04/2026 – 05/31/2026 27 Days Dicamba, Tricoplyr 0002 05/04/2026 – 09/30/2026 149 Days glyphosate 0003 05/04/2026 – 09/30/2026 149 Days glyphosate

0004 05/04/2026 – 09/30/2026 149 Days glyphosate 0005 05/04/2026 – 09/30/2026 149 Days glyphosate 0006 05/04/2026 – 09/30/2026 149 Days glyphosate 0007 05/04/2026 – 09/30/2026 149 Days glyphosate

0008 05/04/2026 – 09/30/2026 149 Days glyphosate

1001 04/12/2027 – 05/21/2027 39 Days Dicamba, Tricoplyr 1002 04/12/2027 – 09/25/2027 166 Days glyphosate 1003 04/12/2027 – 09/25/2027 166 Days glyphosate 1004 04/12/2027 – 09/25/2027 166 Days glyphosate 1005 04/12/2027 – 09/25/2027 166 Days glyphosate 1006 04/12/2027 – 09/25/2027 166 Days glyphosate

K. SPECIAL REQUIREMENTS

1. Landscape Preservation and Hazardous Materials

• The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this project. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting, muddying, or contamination of streams, rivers, irrigation systems, lakes, reservoirs. Creeks and other surface waters.

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• Wash water from chemical treatment operations shall not be allowed to enter live streams prior to any treatment by filtration or other means sufficient to reduce the chemical content to not more than that of the stream into which potential discharge is made. Mechanical equipment, and chemical treatments shall not be operated in riparian zones without written approval by the Contracting Officer. No petroleum products or other hazardous chemical substances shall be released on or into land, streams, rivers, or other waters or into natural or manmade channels leading thereto or therefrom. Servicing al all equipment shall be done only in areas approved by the Contracting Officer. The Contractor shall transport off government lands all chemical waste (containers, boxes, etc.), excess chemical solutions and other materials. Disposal of these shall be made under the accordance with applicable State and Federal regulations.

• The Contractor, acting independently, shall immediately take action to notify the appropriate agencies, including the Contracting Officer, to contain and clean-up, without expense to the Government, all hazardous chemical releases which are on or in the vicinity of the project. This includes all releases, direct and indirect, caused by the Contractor’s employees. The Contractor shall have the necessary materials on site to contain a spill. Which may occur on land or within live streams, as appropriate for any potential flow conditions likely to occur. In event the Government determines that additional resources beyond those of the Contractor’s are required, the Contractor may be held liable for all damages and costs including but not limited to additional labor, subsistence, equipment, supplies and transportation deemed necessary by the Government for the containment and clean-up of the hazardous chemical release caused by the Contractor’s employees or resulting from chemical treatment operations.

• The Contractor shall notify the Contracting Officer of any hazardous chemical materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those material available on the job site.

REQUIREMENTS RELATED TO VEGETATION MANAGEMENT PROJECTS (USDA-FS 4/1992)

o Applicability In accordance with the FINAL Environmental Impact Statement (FEIS), “Managing Competing and Unwanted Vegetation in The Pacific Northwest Region”, several requirements are being implemented under our contracts that involve vegetation management. This contract involves work that falls within the coverage of the FEIS, and therefore requires compliance with applicable provisions below. These requirements apply to all vegetation management projects within coverage of the FEIS, whether accomplished by manual mechanical, prescribed fire, biological, or herbicide methods.

o Reports and Notice Requirements

The Government will file a Pesticide Use Proposal prior to any work activity within this contract.

This document will be approved by regional personnel, and a copy provided to the Contractor, and his Pesticide Use applicator. (See attachments)

The Contractor shall assist in preparing and/or submit to the government, after work is completed but prior to final payment under this contract, a report which includes:

I. The vegetation management treatment method used, II. Names of each person who worked on the project, their assignment, any training they received, dates of the actual work, and list of protective clothing and equipment used, III. If any occurred, details of all incidents, accidents and/or worker health complaints, IV. The identity of the herbicide used, its formulation, manufacturer, mixture, and method of application, o The Contractor shall provide to its employees the following information:

V. All employees who do not want exposure to herbicides being used will be given alternative work assignments not involving direct contact with herbicides being used.

Workers who are hypersensitive to herbicides used in this project and are covered

4/1/2026 Umpqua National Forest Seed Orchard Herbicide Treatment Page 13 of 13 under provisions within this contract shall not be used in positions in which they may come in direct contact with the herbicides. Workers who display symptoms of hypersensitivity to herbicide during application shall be removed from direct contact to these chemicals.

VI. Prior to beginning any project using herbicides each worker shall be provided an informational copy of the herbicide. This may include an informational profile of the chemical or the MSDS. If the worker cannot read English, the information shall be explained in the language the worker can understand. Each worker shall sign a statement indicating that they have reviewed the material and either agree to work on the project as assigned or requests another assignment. The statements will be provided to the COR prior to commencement of work.

o Equipment and Clothing Requirements

For projects utilizing herbicides, all equipment and clothing required by the chemical’s MSDS shall be observed. Equipment and clothing shall be on-site prior to commencement of work and used as instructed. The COR will assure compliance with these requirements prior to authorizing commencement of work.

o Other Operational Information

The government will not accept any liability for accidents and exposures resulting from work under contract, except in cases in which it is shown that there was a direct action by the Government or its employees which caused the accident or exposure. Otherwise, the Contractor retains responsibility for accidents and exposures that occur during work under this contract.

Failure of the Contractor to comply with the herbicide requirements will be grounds for contract termination or other remedies provided under the default clauses or provisions of this contract.

State and Federal health and safety agencies may also have grounds for action in cases of noncompliance with applicable laws, rules, and regulations.

L. MISCELLANEOUS

1. Fire Prevention and Control

• The Contractor shall be governed by the following in addition to any fire plan contained in the contract: (See

FS-6300-52 Attachment)

• In event of any fire the Contractor shall immediately notify the nearest Umpqua fire organization or dispatch.

• The Contractor has the responsibility to assist in extinguishing any fire resulting from their contract execution. The Contractor, under direction of the Forest Supervisor, Forest Fire Officer, or in absence of said officer, acting independently, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor or their employees. This includes both direct and indirect fires caused by the Contractor or their employees while executing this contract.

• The Contractor may be held liable for all damages caused by fires resulting from their operations under this contract.