Statement_of_Work.pdf

United States Department of the Interior

FWS BLACKWATER NWR

2145 KEY WALLACE DRIVE

CAMBRIDGE MD 21613-9536

STATEMENT OF SERVICES:

GLYPHOSATE HERBICIDE APPLICATION AT

BLACKWATER NATIONAL WILDLIFE REFUGE CAMBRIDGE, MD

1. GENERAL INFORMATION

1.1 This contract provides for the control and eradication of target Phragmites australis through the application of chemical herbicides on specified areas at Blackwater National

Wildlife Refuge. Work shall consist of furnishing all necessary equipment, labor, and materials necessary to accomplish the specified vegetative control and eradication.

Spraying will take place by rotary wing aircraft (helicopter).

1.2 The herbicide application shall be timed during the active translocation season for these plants, to achieve the optimum results. The active translocation season is between 29

August and 15 October 2022. All herbicide applications shall be consistent with the product label instructions, manufacturer's guidance and the requirements of this contract.

2. LOCATIONS, CONTACTS

2.1 General Location: The work areas are located near Cambridge, MD. Estimated application acres and chemicals to be used are included in the following table.

NWR Location Acres to treat Herbicide, surfactant, EPA registration numbers

Blackwater

NWR

Cambridge, MD

368 acres

Phragmites, Aquatic safe labeled

Glyphosate product

MSO

May be provided by refuge

PLEASE NOTE: Treatment area acreage was estimated using manual digitization from digital orthophotos. Actual acre amounts may be more or less than those listed above.

2.2 Site Location: Treatment areas are located on sites provided on attached maps. The estimated extent of infestations to be treated will vary within the units and searching the units will be required by the vendor from the air.

3. TREATMENT AREAS, CONTROL GOALS AND HERBICIDES

3.1 General: Specific treatment areas are identified on the maps and drawings. The purpose of this treatment is to achieve the vegetation control goals described in the next paragraph.

3.2 Vegetation Control Objectives: A minimum of 90% of all of the identified infestations to be treated in the treatment areas will be sprayed (as mapped), with each infestation receiving at least 90% coverage by foliar spray, to the degree that at least 90% of the live stems yellow prematurely within 2-3 weeks of the spray, or contractor will have to re-apply late summer/fall the very next year, at his/her expense. Project Officers at each refuge will be responsible for documenting that less than 90% 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: The contractor will use aquatic safe Glyphosate. These herbicides will be appropriately labeled for specific application (i.e. aquatic label for use directly over water). Herbicides must be registered for aquatic use. No restricted use herbicides are allowed. No herbicides can be used on National Wildlife Refuge property without prior approval from the Contracting Officer. In addition, all carriers and adjuvants must be non-toxic and registered for water applications. The surfactant shall be added per label instructions to all herbicide mixtures. FAR Clause 52. 223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts will apply.

3.4 Minimizing Impacts to Non-Target Species: No broadcast 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 broadcast spraying shall be performed if more than than 10% chance of rain is forecast for the day of application or for 24 hour period following the planned application. The chemical will be applied between 8/29/2022 and 10/15/2022.

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 ensure that Refuge staff is available to answer questions, if required, and also to participate in any reconnaissance that may be conducted.

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. 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: 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.

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 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 or any employees or subcontractors performing any of the work under this contract shall possess a valid state commercial herbicide applicator's license for the state in which work is being performed 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. In addition, a license for right-of-way as well as aquatic applications is required. Evidence of such licensing shall be submitted prior to award and also with the "Application Plan" as outlined in Paragraph 7. 1.

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. The refuge is heavily visited by the public, especially on weekends.

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, per National Wildlife Refuge site, the types of herbicides, planned application rates, hyperlinks to MSDS'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 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 (this is only if the contractor has AgNav or similar system on-board; we would prefer this, so the refuge can geo-reference application areas). Shapefiles will be geo-referenced using the Grid

Coordinate System: UTM zone 18 and Horizontal Datum: NAD 1983.

8. PREWORK MEETING

Within 10 days after contract award, the contractor shall contact the Project Manager 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. 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 $ 1,000,000 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 is 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, during the following late summer period.

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, or his authorized representative. A request to retreat an area may be either verbal or in writing.

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

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

9/6/22, 3:28 PM Mail - Bashizi, Chantal N - Outlook https://outlook.office.com/mail/inbox/id/AAQkAGI2NmRkNmEyLThiNWMtNDc2Yy1hOTI4LTFiZTliNDQwYTBmMgAQALbBJQMwSyBCr9qFtk1zIQc%3… 1/1