/ Ministry of
Forests, Lands and
Natural Resource Operations / Vegetation Management
Aerial Herbicide Application
Schedule A
For Operational Services Contract

File:

Attachment to the Agreement with for .

FS720A - Vegetation Management Schedule A CSNR-FSB July 26, 2012 Page 9 of 9

Table of Contents

ARTICLE 1: GENERAL CONDITIONS 2

1.01 Definitions 2

1.02 Amendments and Supplements 2

1.03 Schedules of the Same Name 2

1.04 Equipment Provision and Inspection 2

1.05 Records to be Kept 3

ARTICLE 2: PERSONNEL 3

2.01 Statutory and Regulatory Requirements 3

2.02 Specially-trained Personnel 3

ARTICLE 3: MATERIALS AND EQUIPMENT 4

3.01 Helispots and/or Airstrips 4

3.02 Chemicals 4

3.03 Public Information Signs 4

ARTICLE 4: THE HERBICIDE 5

4.01 Transport, Handling and Storage 5

4.02 Mixing 5

4.03 Wash-up Facilities 6

4.04 Leakage, Spills and Accidents 6

4.05 Empty Containers 6

ARTICLE 5: CONDITIONS OF APPLYING THE HERBICIDE 7

ARTICLE 6: STANDARDS OF PERFORMANCE AND WORK PROGRESS 8

6.01 Work Plan Map 8

6.02 Work Progress Plan 8

6.03 Detailed Standards 9

ARTICLE 7: INSPECTION AND ACCEPTANCE 9

7.01 Proper Mixture 9

7.02 Use of Dye 9

ARTICLE 8: MEASUREMENT AND PAYMENT 9

8.01 Measurement 9

8.02 Payment 9

FS720A - Vegetation Management Schedule A CSNR-FSB July 26, 2012 Page 9 of 9

ARTICLE 1: GENERAL CONDITIONS

1.01  Definitions

In this schedule, the following words shall have the following meanings.

(a) “Aerial Spray System” means the combination of spray equipment (types of booms, nozzles, pumps and gauges etc.) and specific aircraft to be used for the Work.

(b) “Approved Vegetation Management Quality Inspection System” or “Approved VMQI System” means the inspection system contained in this schedule or another similar system approved in writing by the Province prior to the commencement of Work.

(c) “Buffer Zone” means an area adjacent to a Pesticide Free Zone established to ensure herbicide does not enter the Pesticide Free Zone.

(d) “Certified Pesticide Applicator” means a person holding a valid pesticide applicator’s certificate, forestry category, issued by the Ministry of Environment.

(e) “Contingency Plan” means a written plan to deal with herbicide spills, accidents or misapplication, developed in accordance with the specifications in this schedule for the Herbicide Operations Plan.

(f) “Herbicide Field Handbook” means the most recent edition of the Herbicide Field Handbook (by Jacob O Boateng), FRDA Handbook 006 (Revised), published by the B.C. Ministry of Forests, Forest Practices Branch, Victoria, B.C. and includes every amendment. The most recent edition was published in March 2002.

(g) “Herbicide Operations Plan” means a plan the provides a detailed accounting of how the specified task will be accomplished

(h) “No Treatment Zone" means an area under Pesticide Use Permit or Pest Management Plan that is not to be treated.

(i) “Permit” means a Pesticide Use Permit (PUP) issued under the Integrated Pest Management Act by the Administrator or Deputy Administrator of the Act.

(j) “Pest Management Plan (PMP)” means a management plan prepared under the Integrated Pest Management Act.

(k) “Pesticide Free Zone” means an area in which no pesticides shall be applied or enter and is as defined by the Integrated Pest Management Program of B.C. Ministry of Environment.

(l) “Specified” means, as the context so requires, Specified in: a Prescription; a Pesticide Use Permit; Pest Management Plan; this schedule, another schedule or a map attached to this Agreement; or a Herbicide Operations Plan.

(m) “Treatment Type” means a particular herbicide mixture, equipment and technique of application Specified for a Work Area.

(n) “Treatment Unit" means the delineated area on any attached map wherein one or more Treatment Types may be prescribed to be carried out.

1.02  Amendments and Supplements

The specifications in this Schedule may be amended or further supplemented in other Schedules to this Agreement or in the Work Progress Plan.

1.03  Schedules of the Same Name

This Schedule is applicable to every other Schedule to this Agreement having in its title words “VEGETATION MANAGEMENT- Aerial Herbicide Application”

1.04  Equipment Provision and Inspection

(a) The Contractor must supply all of the equipment that is required for the various Treatment Types Specified in Schedule B attached hereto.

(b) The equipment supplied must be capable of meeting the requirements contained in this Agreement.

(c) If the Ministry Representative determines that the equipment is unsuitable for the required work the Contractor must replace the equipment in a reasonable time as determined by the Ministry Representative.

(d) All equipment intended for use during this Agreement shall be inspected by the Ministry Representative. Should equipment not approved by the Ministry Representative be used, the Province may terminate this Agreement forthwith.

(e) All aerial spray equipment system(s) to be used under this Agreement must be checked, calibrated and tested by the Contractor and approved for the season of use by the Province prior to spraying.

1.05  Records to be Kept

The Contractor is responsible for completing the Herbicide Operation Record form (FS705) attached hereto, and shall send it to the Ministry Representative. The payment process will not be initiated until the completed form has been received by the Ministry Representative. The Contractor shall retain a copy of the form for a minimum of three years from the date of the operation and shall, pursuant to the Integrated Pest Management Act and the Integrated Pes Management Regulation, make it available for inspection upon receiving a request from the Integrated Pest Management Program of the B.C. Ministry of Environment.

ARTICLE 2: PERSONNEL

2.01  Statutory and Regulatory Requirements

(a)  The Contractor shall be solely responsible for the supervision, conduct and discipline of their employees and agents, and they shall ensure that all Work performed by their employees and agents pursuant to this Agreement conforms with the terms and conditions of the Pesticide Use Permit(s) or the approved Pest Management Plan for the areas to be treated and with the Integrated Pest Management Act and the Integrated Pest Management Regulation (as administered by the Integrated Pest Management Program, B.C.Ministry of Environment).

(b)  The Contractor shall provide the required number of certified Pesticide Applicators (forestry category) so as to comply with the worker/supervisor ratio required by the Integrated Pest Management Program, B.C. Ministry of Environment. Copies of the certificates of all certified personnel must be provided to the Ministry Representative.

(c)  The Contractor's project supervisor must be certified as a Pesticide Applicator, and must be familiar with the constraints and requirements of the applicable Pesticide Use Permit(s) or the approved Pest Management Plan. The project supervisor may not be the pilot who is to be used for the operation.

(d)  The Contractor must possess a valid British Columbia Pest Control Service Licence, and shall make a copy available for inspection upon request by the Ministry Representative or the Integrated Pest Control Program, B.C. Ministry of Environment.

2.02  Specially-trained Personnel

(a)  The pilot doing the pre-treatment reconnaissance flight with Ministry of Forests, Lands and Natural Resource Operations' employees or agents must have a minimum of five hundred commercial flying hours for rotary wing or one thousand commercial flying hours for fixed wing as applicable to this Agreement and in accordance with the Aviation Safety Manual (Ministry of Forests, Lands, and Natural Resource Operations, Wildfire Management Branch).

(b)  The pilot designated to perform the operational herbicide spraying must either pilot, or be present on, a pre-treatment reconnaissance flight in order to be familiar with the Treatment Unit(s).

(c)  The Contractor shall, for the aerial herbicide spraying, supply pilot(s) who, in addition to holding a valid Commercial Pilot's Licence, and a British Columbia Pesticide Applicator's Certificate in the forestry category (as well as other applicable federal/provincial licences and certificates), have a demonstrated ability and experience in spraying in forest situations. No pilot may make an unsupervised operational flight unless:

(I.)  they have at least one spray season of training and experience as a ground support person on aerial herbicide projects. This experience must have involved mixing, weather and spray monitoring, buffer marking, nozzle and boom replacements, and other related activities; and

(II.)  they have successfully sprayed a minimum of one thousand hectares of forest land under the supervision of experienced pilots.

(d)  The pilot(s) must be familiar with the constraints and requirements of the Pesticide Use Permit(s) or the Pest Management Plan relating to the project.

(e)  In the event that a substitution of an aerial applicator (pilot) and/or Aerial Spray System is required, the substitute must meet the requirements of this Agreement and must be approved by the Ministry Representative in writing. A substitute pilot shall be required, at the Contractor's expense, to carry out a reconnaissance flight of the Treatment Unit(s) prior to the commencement of spraying operations.

(f)  The Contractor shall provide a minimum of one qualified and certified applicator for each mixing unit to supervise the fuelling as well as the mixing and loading of spray solutions.

(g)  The Ministry Representative may require the Contractor to demonstrate that their employees and agents are adequately equipped and trained to conduct the herbicide treatment, and to take remedial action in the event of an equipment malfunction and/or spill of herbicide, oil carrier or spray solution.

(h)  Where specialized equipment is required or planned for use, evidence of training/experience for appropriate personnel must be supplied.

ARTICLE 3: MATERIALS AND EQUIPMENT

3.01 Helispots and/or Airstrips

(a)  The Province and Contractor shall mutually agree on the location of the helispots and/or airstrips for this Agreement.

(b)  The Contractor shall, prior to the commencement of spraying, determine the safety of the helispots and/or airstrips for use by the spraying aircraft and the support equipment.

(c)  Should the Contractor determine (after spraying has commenced) that work is required on the helispot and/or airstrip, such work shall be carried out at the Contractor's expense.

3.02 Chemicals

The Contractor shall arrange for the necessary herbicide(s), carrier (other than water) and additives to be delivered to the designated area(s) at times specified by the Province.

3.03 Public Information Signs

The Contractor shall, where directed by the Province, post the Public Information Signs (provided by the Province) at the Treatment Unit(s) and along public access routes.

3.04 Equipment - General

(a)  The Contractor shall, at their own expense, provide the necessary safety equipment for all their employees and agents employed in this Agreement.

(b)  The Contractor shall ensure that the minimum protective clothing and equipment requirements, as Specified in the Herbicide Field Handbook, are met.

(c)  Without limiting the generality of paragraph 1.03, the Contractor shall provide suitable (as described in paragraph 3.04 (g) helicopter and/or fixed wing aircraft with spray booms and all support equipment and vehicles necessary for carrying out the Work Specified herein. All spraying equipment must be licenced for the intended use.

(d)  The Contractor shall obtain the Ministry Representative's approval for the type of mixing equipment to be used for each operating spray aircraft.

(e)  The Contractor shall supply all of the equipment necessary to establish suitable ground to air communications. The Contractor shall be responsible for maintaining the radio communications throughout the spraying operation.

(f)  The Contractor shall correct all deficiencies of their aircraft and support equipment so that, prior to delivery for service, the equipment complies with all manufacturer's standards and federal/provincial regulations.

(g)  The helicopter and/or fixed wing aircraft spraying apparatus shall include the following specific parts and features:

(i.)  loading equipment with an accurate metering device, or the aircraft tank/hopper with a calibration so as to provide a positive measure of the herbicide;

(ii.)  leak proof system with positive shut-off device;

(iii.)  functional quick dump system;

(iv.)  spray boom should be mounted according to helicopter/fixed wing aircraft or boom manufacturer's specifications;

(v.)  unless otherwise specified by the manufacturer and approved by the contract officer, boom lengths shall not exceed 75 percent of the rotor diameter (helicopter) or total wing span (fixed wing);

(vi.)  only nozzles which operate under controllable pressure to the spray boom allowed;

(vii.)  when using a helicopter the nozzles will be distributed evenly along the spray boom except where the spray may hit parts of the aircraft (such as the skids);

(viii.)  when using a fixed wing aircraft, the inboard section of the right hand boom may require additional nozzles to compensate for the propeller effect;

(ix.)  nozzles on the spray boom should be oriented to give the best droplet spectrum for the desired treatment. The angle of the nozzles shall be uniform across the boom.

(x.)  the allowable variation in orifice diameter of spray tip will be as per manufacturer's specifications;

(xi.)  appropriate spray nozzle(s) for the drift control additive Specified for the treatment unit;

(xii.)  a pressure gauge must be mounted in such a location that it may be read from outside the aircraft during calibration operations.

(h)  Aerial Spray Systems must have an on-board electronic flow meter (e.g. CROP HAWK) for continuous monitoring of the application rate and the amount of herbicide in the spray tank during the application.

ARTICLE 4: THE HERBICIDE

4.01 Transport, Handling and Storage

(a)  The Contractor is responsible for the safe and secure transport of the herbicide(s) in their possession, and they shall act in accordance with all of the applicable federal and provincial statutes and regulations. The Contractor must comply with the regulations respecting the federal Transport of Dangerous Goods Act.

(b)  The Contractor shall transport and dispose of unused herbicide spray mixture in accordance with federal and provincial regulations.

(c)  The Contractor shall deliver to the project area(s) sufficient quantities of herbicide(s) (in factory sealed containers), additives and carrier (except water), as supplied or arranged by the Province, to treat the unit(s) Specified in this Agreement.

(d)  The Contractor shall provide a means of securing equipment and supplies to prevent unauthorized access to the herbicide(s).

4.02 Mixing

(a)  The quantities of herbicide(s), additive(s) and carrier to be applied to the Treatment Unit(s) shall be as stated in Schedule B attached hereto and/or in the Pesticide Use Permit. Any changes in the herbicide spray mixture preparation must be authorized in writing by the Ministry Representative prior to the mixing.