A04_SOW_ORCA_Mid-slope_1___2-_Final.pdf

STATEMENT OF WORK

(Attachment 1)

Fuels Reduction/Vegetation Management for Mid-Slop 1+2 Cut and Pile Project

Oregon Caves National Monument and Preserve, Cave Junction, Josephine County, OR

D.0 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The National Park System currently has 429 units

(often referred to as parks), covering more than 85 million acres in all 50 states, the District of Columbia, and US territories.

The NPS also has more than 150 related areas that are linked in importance and purpose to places managed directly by the National Park Service by preserving important segments of the nation's natural and cultural heritage. They are designated by acts of Congress or by the Secretary of the Interior (affiliated areas). The majority of related areas are not units of the National Park Service and are managed by other government agencies or non-government organizations and landowners. The National Park Service is involved in related areas by directly managing the entire or sections of a related area, or by providing technical or financial assistance.

The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS – Business Service Contracting Division (BSCD) – Contracting Operations – Strategic (ConOps-

Strategic) supports the acquisition needs of the entire NPS. The NPS – BSCD-ConOps-Strategic issues contracts through the Federal Acquisition Regulation’s (FAR) for utilities, wildland fire and incident management, services, construction, A&E for the entire NPS.

D.1 OREGON CAVES NATIONAL MONUMENT AND PRESERVE (ORCA)

Oregon Caves National Monument & Preserve (OCRA) covers nearly 4,600 acres within the Siskiyou

Mountains in Oregon. ORCA was established by President Taft on July 12, 1909, as a National Monument and further expanded as a National Preserve on December 19, 2014. The primary feature of ORCA is

Oregon Caves, which is a solution (dissolution) cave that was formed by dissolving action of underground water and naturally occurring acid as it passes through pores and fissures of the bedrock. Oregon Caves is an extremely rare solution cave system that was formed in marble.

High above the main cave entrance, the spectacular landscape was carved by ice-age glaciers, where rain and snow fall continually fall on the northern slopes of Mount Elijah. Some of this precipitation flows down into the valley of Upper Cave Creek and begins an outstandingly remarkable journey to its home, the Pacific

Ocean. The headwaters of Cave Creek gush down the beautiful valley. Then suddenly, the water disappears into the ground forming Oregon Caves. The underground portion of the drainage is called the River Styx, named after the legendary underground river, that according to ancient Greek mythology marked the end of an individual’s journey here on earth. At Oregon Caves, the River Styx’s nearly ½-mile long adventure inside the ancient marble bedrock of the mountain that is so remarkable that it has been designated a Wild and Scenic River

Visitors to OCRA can experience the remarkable underground journey of the River Styx up close by taking a cave tour. Guided tours enter the cave where the River Styx emerges from its dark underground voyage and once again reclaims the name Cave Creek. Just outside the cave entrance, the water tumbles down man-made waterfalls and into beautiful pools that contribute to the rustic ambiance of the historic

Chateau. The Chateau at ORCA (currently closed) is one of the National Park “Great Lodges” and a

National Historic Landmark.

OCRA has six (6) hiking trails that allow visitors wonderful views of ORCA and the Siskiyou Mountains and has 15 miles of free-flowing and undeveloped watercourses and wetland meadows that make up the surrounding area of Bigelow lakes. For more information, please visits ORCA’s website at:

Oregon Caves National Monument & Preserve (U.S. National Park Service) (nps.gov)

D.2 PROJECT DESCRIPTION

The National Park Service at Oregon Caves Nation Monument & Preserve has a requirement to reduce the fuel load and change fuel arrangement inside the monument’s boundary by mechanically cutting and piling small diameter (< 7” DBH) conifers within the unit(s) boundaries. The objective of this project is to reduce the fuel load and change fuel arrangement to reduce the intensity of wildland fire which will lessen the chances of catastrophic wildland fire due to natural or human caused ignitions near Historical Structures.

The Contractor shall furnish all equipment and sufficient personnel for selected maintenance (i.e., chain saws, tools, proper personal protective equipment, chippers, etc.) and all related incidental work as in accordance with the unit specifications stated herein. No Government furnished property shall be provided.

D.3 PROJECT AREA

The Mid-slope 1 + 2 cut and pile project is approximately 43 acres in total. These units are mid-slope about the Historical District at Oregon Caves NM (see map attachment). Before work commences, the NPS COR will make sure the contractor is familiar with using the Avenza mapping app. the Contractor will have the responsibility to stay within the designated areas on the Avenza map. No flagging, unless marking an avoidance area, will be flagged along unit(s) boundaries. See Project Map which is provided as a separate attachment.

This project contains areas with steep slopes. The forest inside this project is generally mixed conifer with lodgepole pine, ponderosa pine, western white pine, red fir, various oaks, port Orford cedar and mountain hemlock. The elevation of the project site ranges from 4000 ft to 5500 ft. Weather at this elevation can include rain, lightning, sun, snow, and occasional high winds (30-50 mph). All work shall be conducted within the monument’s boundaries.

D.4 SCOPE OF WORK

The contractor shall provide all labor, equipment, materials, supplies and services to accomplish all work required under the following description of work. This shall include mobilization to and from work site.

Motorized equipment is limited to what can be hand-held and hand carried. The contractor shall fell standing live trees <7” DBH and dead trees <13” DBH (Diameter at Breast Height), and prune remaining trees, remove ladder fuels, buck up dead and down material, and pile all resulting material on-site. All work must be conducted in a manner that protects monument visitors, rare plants, archeological sites, monument infrastructure, preserves wildlife habitat, and minimizes the aesthetic impacts of the work onto the monument.

Future pile burning will be conducted by National Park personnel and is not part of this contract. Excluded areas (e.g., rare plant and wildlife habitat, archeological sites, etc.) will be identified and flagged by park personnel or will be identified by park provided archeological monitors. Contractor is responsible for providing polyethylene plastic to cover piles.

D.5 WORK STANDARDS AND THINNING PRESCRIPTION

https://www.nps.gov/orca/index.htm https://www.nps.gov/orca/index.htm

Thinning Prescription:

• Thin Conifers over 12” tall to 7” DBH. Leave all live trees over 7” DBH.

• Limb all live and dead branches on leave trees 6 to 8 feet above ground without reducing the live crown to less than 50% of the overall tree height. All pruning stobs will be less than 1/2 inch in length on all sides.

• Leave a minimum of ONE tree every 15 feet. If all trees are less than 7” DBH, pick one tree, with a preference toward port Orford cedar and Ponderosa Pine. Also look for the most vigorous tree or the one with the least visual defects for the leave tree.

• Cut and pile all “ladder” fuels within the drip line of existing trees and moving material at least 7 feet beyond remaining trees. Ladder fuels include brush greater than 1 foot tall and trees up to 7” DBH. Trees greater than 7” DBH SHALL NOT be removed.

• Burn piles will not be located at the base of remaining trees.

• General Appearance - Avoid straight lines, provide vertical diversity, avoid “sterilization”. Leave small clumps of trees and vary spacing.

• Flush cut all stumps within 3” of ground when possible.

• Snags (dead standing trees) - Cut snags less than 13” DBH, leave all snags great than 13” DBH.

• Woody Debris - Cut and pile all down material less than 7” in diameter. Leave all down material 7” and greater in their entirety. Avoid bucking logs that are not going to be piled.

• Work with NPS provided Archaeology Monitors to avoid piling in sensitive sites. These areas will be marked with red and white candy stripe color flagging and red and white striped color pin flagging unless otherwise indicated prior to the start of the project.

• If can dumps or other artifacts are discovered, contact Archaeology Monitors (NPS) immediately and move on with thinning and piling by moving at least 30’ beyond last seen artifact.

• No live limbs shall be left on the stump of any cut stem.

• The COR may reserve individual snags from felling requirements when snags are deemed necessary for other resource goals. These snags will be flagged before work begins.

D.6 EXCLUDED AREAS

Areas excluded from thinning will be flagged with orange flagging or other flagging by NPS. The

Contractor shall be responsible for protecting any identified flagged area or sensitive site.

Piling Prescription:

Vegetation varies throughout the units and there are sections with lighter and heavier fuels.

• Hand pile all slash (natural dead and down, and activity slash) less than 7” in diameter and greater than 2 feet in length.

• Pile heights 4-6’

• Pile widths 4-6’

• All piles shall be constructed by laying limbs, stems, cut boles, and other slash in the pile in a dome shape so that when burned, the pile falls into itself. Slash that causes large air spaces in piles shall be cut to eliminate air spaces. Each pile shall include an area of small sized slash

(small branches less than ¼ to ½ inch in diameter and/or small branches with needles or leaves attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash.

These fuels shall be placed in the center of the pile.

• Piles shall be capped with 4 mil polyethylene plastic. Limbs or other woody debris should be placed over the piles to secure plastic against reasonable wind events. The plastic should cover approximately of 80% percent of the pile. All four corners and the middle of the plastic sheets shall be anchored with slash or other debris. Covering shall be done at the time of piling.

• Piles are not to be placed next to or on top of residual green trees, standing dead trees, on stumps, or near logs greater than 13” in diameter, or on trails or roads.

• Piles should be located a minimum of 15’ from existing live trees.

• Cut materials must be piled within 20 days of being cut.

Work Schedule:

Prior to project commencement, the contractor shall provide to the NPS an updated written work plan that details their work force, equipment, and schedule to provide for completion of the work within the contract performance time. This work schedule must be acceptable to the NPS. Adjustments in performance period of up to two weeks may be made to account for seasonal variation in weather and associated plant life cycles if jointly agreed upon by the contractor and the NPS.

Inspection/Acceptance:

As the basis for approving payment, quality assurance inspections will be conducted by NPS to confirm compliance with the project’s specifications and limitations. Inspections will be performed by a designated NPS representative and may include use of pre- and post-treatment photographs.

Approval of payment for any work performed will require verification by NPS that average percent of undesirable material removed within the treatment area is within the specific work standards for each vegetation type as specified in the Statement of Work. If the Contractor’s activities result in damage to

Resources, the Contractor shall incur all expense associated with damage assessment, damage repair and monitoring.

If the quality of work does not meet the standards outlined in this Statement of Work, a designated NPS

Representative will document instances of unacceptable work with photos and a description of non-compliance. The Contractor will be notified by the CO of all findings of non-compliance. Upon notification by NPS of incorrect work, all corrective actions shall be completed by the Contractor within seven (7) calendar days.

Payments:

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP) at www.ipp.gov. The Contractor shall upload their business invoice as an attachment to the IPP system before you click “submit” in IPP.

To avoid any potential payment delays, the Contractor is highly encouraged to submit a draft invoice to the attention of the CO and COR via email for review and informal approval prior to formally entering the payment request into IPP.

Additional Requirements:

1. Minimum Safety Requirements:

The COR will check for ALL these minimum safety requirements prior to work starting and frequently throughout the project. Any violation of these requirements will require the associated work to stop until these requirements are met.

a. Prior to work commencing on site, a site-specific safety plan shall be prepared and submitted by the contractor covering on-site work to be performed by the contractor and any subcontractors. The plan shall cover topics such as appropriate PPE (hardhat, eye protection, ear protection, chainsaw chaps while operating chainsaws, climbing equipment, etc.), and any other reasonable safety related topics commensurate with the size and nature of this work.

b. All employees shall have and use adequate Personal Protective Equipment (PPE) including, but not limited to, hard hat, hearing protection, eye protection, sturdy footwear, and gloves. When running a chainsaw, or within 10 feet of a running saw, chaps shall be worn. Chaps shall be free of saw cuts and other significant damage. The Contractor is responsible for providing all necessary tools and supplies, and appropriate PPE.

c. Contractor and operators shall follow all OSHA regulations which apply to the work activities. OSHA Regulations for tree removal operations can be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id

=9862

d. The contractor shall keep a first aid kit that meets the OSHA requirements on site when cutting (see appendix A of the OSHA logging requirements).

e. The contractor shall have at least one First Aid certified employee on site during cutting operations. The First Aid certified employee shall carry written certification showing currency.

f. The contractor shall maintain the ability to contact 911 or Crater Lake Law Enforcement http://www.ipp.gov/ http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id within 15 minutes in case of an emergency. Cell phone coverage is limited in the work area. Radio frequencies for Crater Lake will be provided upon request. Government radios will NOT be provided.

g. The nearest known emergency medical facility is Siskiyou Community Health Center

(541) 592-4111 (in an emergency call 911). The contractor shall become familiar with this facility’s location and capacity and make this information known to all employees working on the project prior to starting work.

h. Saw gas shall be properly stored in an approved “safety can” without damage. Cans shall be no more than 5.3 gallons and have a fully functional lid or spout cover that is designed to relieve internal pressures if subjected to fire. Leaky cans, cans without lids, or lids that leak when knocked over shall be removed from the project and the park. Fuel and bar oil shall not be left on site overnight.

i. Contractor shall have minor spill protection and spill clean-up equipment on site; a tarp, five (5) gallon bucket and shovel shall suffice when working on the forest floor.

Pre-work Field Inspection and Conference

A pre-work field inspection and conference will be arranged between the Contractor, the Contracting

Officer’s Representative (COR) and National Park Service Resource Management Personnel. Meeting place will be at Oregon Caves parking lot at the top of the hill.

At the beginning of the first workday, the Contractor and a designated NPS representative will meet to ensure that proper equipment and Personal Protective Equipment (PPE) are being used. The designated

NPS representative shall periodically monitor work progress to ensure the work limitations and specifications are properly understood and implemented. Any change to the agreed scope of work must be addressed with the Contracting Officer (CO) prior to change.

Smoking:

Smoking is prohibited except in developed campgrounds, vehicles, or while in an area of at least three feet in diameter that is barren of all flammable materials. All smoking filters (butts) shall be properly disposed of in an approved refuse receptacle as opposed to being discarded on the ground.

Cultural Resources

The archaeological resources in Oregon Caves are a valuable record of human history of this area. In addition, such resources (including arrowheads, chert or obsidian chips, mortars, pestles, old homesteading or logging equipment, old glass, etc.) are protected by federal legislation. Removal or displacement of any cultural resources is prohibited. Many of the areas covered by this proposal are archeologically sensitive.

Specifically, if concealed archeological resources are encountered during project activities, all work in the vicinity will stop, steps necessary to protect the resources from imminent damage will be taken, and the

COR or other park staff acting as project inspectors will be notified immediately. Buffer the area of the resources by 30’ and contractor work can continue.

Weapons

The use of weapons by the contractor is prohibited.

Communications

Contractor shall furnish a serviceable cellular telephone, radio, or other NPS-approved device while on-site to communicate with the National Park Service and to provide for the safety of the contract employees.

If the Contractor’s employees do not speak English, the Contractor’s job site supervisor shall be fluent and conversant in both English and the language of their non-English speaking employees. The Contractor shall contact the COR with project progress notifications prior to completion of each workday. As the

Contractor near the completion of the specified work, a site visit will be scheduled with the COR and/or designated inspector to determine if the work has been successfully completed.

Resource Damage

Any ruts and road damage caused by the Contractor will be repaired by the Contractor at their expense. If the Contractor’s activities result in damage to Resources, the Contractor shall incur all expense associated with damage assessment, damage repair and monitoring.

Parking in pull outs, picnic areas and parking lots is required. Do not park off-pavement on vegetation. No off-road vehicle use is allowed. Vehicle use is limited to the same roads as the public. The building of lunch, warming, and other fires within National Park Service property is prohibited. No cutting down of live aspen or 5 needle pines allowed.

Prior to spring 2025 work, contractor must coordinate with the COR for start of work. A 3-week lead time is required to allow NPS to conduct the required wildlife monitoring prior to the contractor starting back up for work on site in the spring.

All conduct outside of the specified work is subject to monument rules and regulations concerning littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the

Code of Federal Regulations title 36, which can be found at http://www.gpoaccess.gov/ecfr/

Prevent Fire Starts

To prevent accidental fire starts, saws shall be equipped with spark arrestors. Any accidental fire starts shall be reported immediately, call 911 or report to park staff immediately.

Fire Danger Season

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the

Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in Appendix A at the end of this document.

APPENDIX A: SPECIAL CONDITIONS OF WORK DURING FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the

Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in this section.

FIRE REQUIREMENTS

Wild Rivers Ranger District of the Rogue River – Siskiyou National Forest provide initial attack responsibilities through an Agreement. An NPS employee from Crater Lake may also assist in initial attack efforts.

FIRE PRECAUTION LEVELS

There are 4 fire precaution levels that begin with level 1 at the start of the closed fire season and can go through level 4 if conditions warrant. The fire precaution levels restrict certain forest operations as the fire danger increases. It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions. There are no precaution levels prior to the closed fire season. Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the

State Districts or Protective Associations, and these MUST be approved by the NPS. Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

Level 2 is the partial hoot-owl where saws can operate from first light in the morning until 1:00 pm. in the afternoon. From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p m. shutdown will be evaluated on a site-by-site basis.

Level 3 is the partial shutdown of all forest industrial operations and shuts down contractor operations with few exceptions. Waivers may be issued on a site-by-site basis.

Level 4 is the general shutdown of all contractor operations. Waivers will not be issued.

http://www.gpoaccess.gov/ecfr/

ORS. 477.066 requires that an operator on forest land take immediate action to control and extinguish a fire on forest land. The contractor shall take this action and notify the NPS immediately.

OAR. 629-43-030 requires watchmen to be:

• Physically capable and experienced in operating any firefighting equipment on site.

• On duty for 3 hours after the shutdown of the last power-driven equipment for the day.

• Furnished adequate facilities for transportation and communications to summon assistance if needed.

FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

The operator/contractor shall furnish fire tools to all personnel on site using the following combinations.

In addition to the above hand-tools, the operator/contractor must provide a backpack pump can filled with water located with the toolbox in a readily available area. All shovels are to be size 0 or larger, long handled. All tools shall be sharp and ready for service. Fire extinguishers as follows:

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

• To prevent accidental fire starts, saws must be equipped with spark arrestors. Any accidental fire starts should be reported immediately. Should the fire exceed the size of a campfire and threaten workers safety they should depart the area and call 911 or Crater Lake National Park

Fire Management.

D.7 PERIOD OF PERFORMANCE

This project is anticipated to take 30 days to complete. All designated tree removal, slash treatment, and site rehabilitation shall be completed no later than July 1, 2026. Extensions may be granted due to delays associated with abnormally wet ground conditions, unusual weather conditions, or NPS delays in marking the trees within the units. Due to wildlife habitat limitations, there will be a primary Operational Period associated with this work. Tentative Operational Period (exclusive of weekends and holidays), weather and ground conditions permitting, shall be 10/1/25 - 02/28/26. Changes to this operational period will be approved by the NPS.

D.8 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Oregon Caves NM and preserve. Contract operations shall not occur before sunrise or after sunset.

Specific hours may be determined at award. In the event that the NPS determines that the safety of visitors is threatened by the Contractor’s operations, all or part of the Contractor’s operations may be suspended until agreement is reached on additional safety measures and precautions.

D.9 SAFETY

1. The Contractor shall be responsible for the safe conduct of all operations, shall adhere to applicable OSHA standards (29 CFR 1910.266), and be subject to inspection by an NPS Safety

Officer.

2. Safety Meetings: Contractor shall conduct documented daily safety meetings.

Addition, during the execution of this contract, the Contractor must conform to the rules and regulations, as amended and as set forth by:

• 29 CFR 1910 – OSHA General Industry Regulations & Standards, specifically:

o eTool : Logging - Manual Operations - Felling Trees | Occupational Safety and Health

Administration (osha.gov) o OSHA Regulations for tree removal operations can be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_ id=9862

• National Park Service Occupational Safety and Health Program – Reference Manual 50B -

Reference Manual 50B: NPS Occupational Safety and Health Program

• Most Recent Superintendents Compendiums as amended:

o ORCA - https://www.nps.gov/orca/learn/management/lawsandpolicies.htm

• All Contractor or employee conduct is subject to park rules and regulations concerning: littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the

Code of Federal Regulations title 36 (eCFR :: 36 CFR Part 2 -- Resource Protection, Public Use and Recreation).

D.10 SAFETY PLAN

The Contractor shall provide a copy of their safety plan at the pre-work meeting. The Safety Plan shall be available to all employees and subcontractors working on the contract and subsequent task orders. The

Safety Plan should cover at a minimum:

A. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract.

B. Personal Protective Equipment required for the work under the contract.

C. Appropriate OSHA requirements for the type of work under the contract.

D. Weather considerations for the time of year of the contract.

E. Communication issues and locations of the nearest medical facilities to the job site.

F. Emergency numbers to contact if an accident happens.

D.11 GLOBAL POSITIONING SYSTEM (GPS)

GPS equipment may be required for this contract to ensure accuracy; equipment must have an accuracy of

+/- 10 meters and be capable of accepting/uploading shape files or track logs.

D.12 DRONES/UNMANNED AERIAL VEHICLE (UAV) USAGE

https://www.osha.gov/etools/logging/manual-operations/felling https://www.osha.gov/etools/logging/manual-operations/felling http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9862 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9862 https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/orca/learn/management/lawsandpolicies.htm https://www.ecfr.gov/current/title-36/chapter-I/part-2 https://www.ecfr.gov/current/title-36/chapter-I/part-2

The use of drones and/or UAVs are not authorized at Oregon Caves NM and preserve during performance of this contract.

D.15 FIRE TOOL AND EQUIPMENT REQUIREMENTS

(1) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the National Park Service that meets at least the Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(a) Small multi-position engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards.

(b) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(c) A passenger-carrying vehicle, pickup trucks, light truck, or medium truck up to

40,000 GVW, used on roads and equipped with a factory-designed muffler complete with baffles and an exhaust system in good working condition.

(d) A heavy-duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab. Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

(2) Power saws/Chainsaws. For each power saw used in connection with this contract, the following must be provided:

• One - shovel, round point #0 or equal with an overall length of at least 48 inches.

Shovel must be immediately available for use.

• One - Fire extinguisher with current annual inspection tag, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

• Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw shall be moved at least 10 feet from place of fueling before starting.

(3) Communications. Due to limited cell service in area and the risk of wildfire, the Contractor must have at least one (1) (handheld or mobile) radio on site. All radios must:

• Be capable of communicating within a minimum frequency range of 138 MHz to 174

MHz in the narrowband (12.5 KHz) mode on established Federal and state frequencies –

(see Amend 4 – Attachment 1 – List of Approved Radio Examples)

• Have at least two fully charged battery packs per radio are required at the beginning of each shift. Contractor supplied batteries must operate the portable radio throughout the shift. It is highly recommended that all portable radios utilize an AA alkaline battery clamshell. A source of 115 VAC power is not be available for rechargeable batteries.

The contractor must be capable of programming incident frequencies into their radios.

Frequencies may be installed by the Government at their discretion when staffing and time permits.

Contractor must comply with all National telecommunications and Information

Administration (NTIA) rules and regulations.

When applicable the Contractor must comply with any additional National telecommunications and Information Administration (NTIA) rules and regulations on all

Federal Agency incidents and with all Federal Communications Commission (FCC) rules and regulations on all State Agency incidents.

The Contractor shall not use Government assigned frequencies for other than performance under this contract. All Incident, Federal and State frequencies may be removed prior to demobilization from the project.

Modified radios are not acceptable. FCC regulations prohibit commercial use of Citizen Band

(CB) radios and are NOT considered adequate two-way communications.

Such communications shall be operable during periods of operation of power-driven equipment, including the time fire security is required. In the event of wildfire caused by

Contractor or discovered during operations shall be reported to the COR and/or other designated personal as soon as possible.

D.16 FIRE PRECAUTIONS AND CONTROL REQUIREMENTS

(1) Smoking. Smoking of any kind may not be permitted. The COR/POC may authorize the use of a designated smoking area if requested. If smoking is permitted at the Task Order Level by the COR the contractor shall:

• Smoke in designated areas only or within closed vehicles (at their own risk).

• Unless restricted by State Law, Federal Regulation or Local Fire Precaution Level, if applicable, smoking shall be permitted only in such portions of the project area that are free of flammable material.

• Smokers shall sit down to smoke in such a position that any burning material will fall within a cleared area and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

• Never be allowed while working or traveling on foot.

Fires caused by Contractor smoking shall be deemed negligent.

(2) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material must be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

(3) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(4) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(5) Emergency Measures. The NPS may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

(6) Compliance with State Forest Laws. Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

D.17 FIRE PLAN

Prior to beginning any operational work, the Contractor shall prepare a written fire plan in cooperation with the COR and/or CO providing for the prevention and control of fires in the project area.

The fire plan shall include at minimum:

• Detailed list of men and equipment at the Contractor's disposal for implementing the plan.

• Acknowledge their full understanding of Section D.12 – Fire Suppression and Liability

• Address each item under Section D.13 – Fire Tool and Equipment Requirements.

• Address each item under Section D.14 – Fire Precautions and Control Requirements

• Any additional measures and/or special requirements that are necessary during periods of critical fire weather conditions.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season and shall update such certification when operations change.

If contractor is found operating not in compliance with their Fire Plan and/or does not have any of the required equipment stated above in D.12-14 during operations, the Contractor may be asked to cease operations until everything is brought into compliance. The Government shall not be held financially liable for delays caused for work stoppage due to Contractor non-compliance.

D.18 GARBAGE AND SEWAGE

Garbage and food residue shall be kept inside bear proof garbage cans or closed vehicles and always made unavailable to wildlife. All garbage shall be removed daily. These rules also apply to lunchtime garbage, which include fruit peelings, apple cores, nut shells or excess food. Exposure of any food or residues which could attract bears is strictly prohibited.

Contractor shall remove from National Park Service lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s

Operations. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of

National Park Service at no additional cost to the Government.

D.19 TEMPORARY/STORAGE FACILITIES

(a) STORAGE/STAGING AREA: The Government will NOT provide any secured storage/staging areas for the contractor. All gear, equipment, and supplies shall be removed nightly.

(b) SANITARY/TOILETS FACILITIES: Utilize “Leave No Trace” ethics while in the park. Please see www.LNT.org for details. There are vault toilets located just south of the entrance stations and east of the unit; these are available for use by contractor.

(c) WATER, AND ELECTRICITY: Water and 120V electricity may be available at no cost to the contractor, depending on the location. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone or wireless access may or may not be available at the site.

(e) FOOD STORAGE: When not in use, food, lawfully taken wildlife and fish, garbage, and containers and equipment used to cook or store food shall be contained within bear-resistant food storage lockers or out of sight in a hard sided vehicle or vehicle trunk. No provisions for camping in the park will be made available to the contractor.

(f) PARKING AREAS: Parking areas shall be established in existing pull outs or parking lots only.

D.20 RESOURCE PROTECTION PROVISIONS

1. Water Quality: Discharge into Water Resources is Prohibited. The Clean Water Act, 33 U.S.C.

1251 et. seq., prohibits any discharge of pollutants by any person into water of the U.S. without a permit. "Pollutant" refers to soil sediments, solid waste, chemical or biological materials or even water that is at a different temperature than the receiving body of water. "Person" is broadly defined to include individuals, corporations, partnerships, associations, states, municipalities, etc.

Contractor shall address water quality control in the Treatment Plan. Activities with the greatest potential impact are landing and skid trail construction, soil disturbance, and vegetation removal.

The following measures shall be observed to protect water quality and stream courses:

a. Contractors operations shall be conducted to prevent debris from entering stream courses.

In event Contractor causes debris to enter stream courses in amounts which may adversely affect (as determined by the NPS and/or the Park’s Wildlife Biologist) the natural flow of the stream, water quality or aquatic resources, Contractor shall remove such debris as soon as practicable but not to exceed 48 hours and in an agreed manner that will cause the least disturbance to stream courses.

b. Wheeled or Tracked vehicles shall not be operated in stream courses except at crossing designated in advance to operations by NPS.

c. No mechanized equipment will be allowed in EEZs (to be determined by NPS)

2. Cultural Resources: Historic or pre-historic sites, buildings, objects, and properties related to

American history, architecture, archeology, and culture, such as Native American or settler artifacts, are protected by Federal Law. Locations of known sites have been identified on the units maps as “Controlled Areas (CA)” (See Exhibit 2 - 3). In the field these areas have their site perimeters may be identified with square red reflector tags facing out from the site and have been http://www.lnt.org/ flagged with red and white solid flagging. There may be multiple archeological sites in the project area. The sites should be identified at the time of the walkthrough. No activities or equipment is allowed within CAs. All trees will be felled away from the sites.

Contractor shall protect all CAs and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American History, architecture, archeology, and culture against destruction, obliteration, removal, or damage during Contractors operations.

Contractor shall address their plan for the protection of Cultural Resources in the Treatment Plan.

Contractor shall immediately notify the NPS if damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until NPS authorizes Contractor to proceed. If such damage is negligently or willfully caused by the

Contractor’s operations, Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Wheeled or tracked equipment shall not be operated within such areas.

3. Protection of Protected Species: If the NPS determines that protection measures are inadequate, if individuals or populations of TES species are discovered in the Project Area, or if new species are listed on the Endangered Species List, the NPS may either cancel, in whole or in part, to provide additional protection regardless of when such facts become known. Contractor is on notice that special protection measures not currently listed may be required at any time.

4. Protection of Residual Vegetation/Reserve Trees: The Contractor shall preserve and protect all residual vegetation (trees, shrubs, and herbaceous vegetation) on or adjacent to the work site which does not unreasonably interfere with the work required under this contract. Damaged seedlings and saplings shall be cut and treated as slash. Damage includes any injury to the living crown, bole, or roots of residual trees. Definition for damage is included in Exhibit 8 (see

Attachment 03).

5. Protection of Structures and other Improvements: The Contractor shall protect from damage all existing structures and improvements, at or near the work site, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities at no additional cost to the Government, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

6. Protection of Survey Markers and Monitoring Plot Markers:

a. Permanent Monitoring Plots: NPS has numerous monitoring points throughout the units covered under this agreement. Plot centers are marked by a 10” aluminum nail and surveyors lath flagged with pink flagging. Reasonable attempts shall be made during felling operations to protect and leave undisturbed plot markers. NPS will flag and make visible prior to operations.

b. Survey Markers: Contractor shall protect all survey monuments, witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage during operations in the contract area.

D.21 SOIL QUALITY/EROSION PREVENTION AND CONTROL

Equipment shall not be operated when ground conditions are such that excessive damage will result, as determined by the NPS (see Exhibit 10). Operations will cease when significant rutting, loss of traction, and/or sediment transport is observed. The erosion control work required of the Contractor shall vary according to ground conditions and the necessity for controlling runoff. The Contractor’s activities shall minimize disturbance of the effective ground cover, which includes duff, down logs, stumps, snags and the standing live trees. The Contractor's activities shall be executed in a manner to retain the natural contour of the ground. Any mounding up of soil should be returned to the natural contour as part of the work process. Contractor shall 1) avoid operating equipment when soil conditions are such that excessive damage will occur (see Exhibit 9), 2) construct erosion control structures as needed to control erosion (see

Exhibit 10), 3) repair promptly any existing culverts or other erosion control structures damaged by

Contractors operations, 4) complete site restoration or at a minimum complete seasonal erosion control work prior to suspending operations. Contractor shall address soil quality/erosion prevention and control in the Treatment Plan.

D.22 AQUATIC AND INVASIVE SPECIES (AIS) PREVENTION.

A.All resources under this agreement shall adhere to the requirements of NWCG publication PMS

444, Guide to Preventing Aquatic Invasive Species Transport by Wildland Fire Operations, including the following measures for Aquatic and Invasive Species prevention:

D.23 NOXIOUS WEED/SPECIES/PATHOGEN CONTROL

Measures shall be taken by the Contractor to prevent the introduction of exotic species into the project and staging areas. The contractor shall:

A. Ensure that all equipment and tools that enter the Monument are free of dirt, dust, mud, seeds, or other potential contaminants.

B. Thoroughly clean all equipment exhibiting any dirt or other material attached to frame, tires, beds, wheels, or other parts before entering the Park.

E. Comply with any other specific protocol required by the station to minimize potential introduction of invasive species such as rodents or plants that could be transported by equipment, materials, personnel, or food products.

G. Ensure no operations shall be conducted and no equipment shall be allowed within Noxious

Weed Controlled Areas. Known noxious weed locations are identified in the field as Control

Areas (CAs) and are delineated by red/white stripped flagging and/or temporary enclosures constructed of snow fencing and T-posts.).

H. Promptly notify the COR/POC of any new infestations of noxious weeds identified within the project area. If new infestations are discovered by the Government, the Government will promptly notify the Contractor. The Contractor, COR/POC and CO shall agree on methods of control when new infestations are found.

I. Personnel involved in project implementation shall make daily checks of boots, boot laces, packs, etc. to ensure no “hitchhiking” weed seeds are introduced to the project area. Boot brushes and trash bags shall be provided by contractor.

The NPS may inspection all equipment prior to being moved into contract area.

A. If equipment does not pass inspection the contractor’s equipment not passing inspection will be required to turn back until it has been thoroughly cleaned and passes inspection.

B. If equipment is found to have entered ORCA with potential contaminants shall be removed from the Monument at the NPS’s direction at the contractor’s expense, and may be subject to citation by the Park.

D.24 PREVENTION OF OIL SPILLS AND REPORTING

Contractor shall provide an Oil and Hazardous Materials Spill Prevention, Control, and Countermeasures

Plan to address spill prevention and response measures for hazardous substances used on site, including fuels. If the total oil or oil product storage exceeds 1,320 gallons in containers of 55 gallons or greater, Spill Plan must be certified by a Registered Professional Engineer. A copy of Spill Plan shall be maintained on site during operations and Contractor and subcontractor employees should be trained on spill prevention and response measures. The Plan shall address the following NPS requirements:

1. During non-work operations, stationary equipment shall be parked over specially prepared containment pads designed to trap any leaking oil, fuel, or hydraulic fluids.

2. Inspect project site daily for proper storage of hazardous materials, proper parking of equipment on containment pads, and for hydraulic and oil leaks of equipment, tighten hoses, and ensure they are in good condition. If equipment is leaking, it shall be immediately repaired or removed from the Monument at Contractor’s expense.

3. Routine oiling, lubrication, and refueling shall be conducted with secondary containment using

Best Management Practices (BMPs) at all times. Refueling of equipment in wetlands or stream channel areas is not allowed at any time. Signs prohibiting refueling will be posted in environmentally sensitive areas as directed by the NPS.

4. Contractor shall maintain secondary containment for all equipment operating with fluids or when direct discharge of leakage, spills, or other source of construction or equipment fluids can flow directly to any streambed, whether flowing with water or dry. Containment shall be designed and installed so as to prevent accidental spills into streambeds in the event of mechanical failure or hose breakage.

5. Contractor shall maintain spill response materials on the project site when using heavy equipment to ensure rapid response to spills. These materials shall include absorbent pads, booms, or other materials as appropriate to contain oil, hydraulic fluid, solvents, and hazardous material spills.

The Contractor shall maintain adequate equipment to effectively respond to potential spillage at the site as determined by review of the NPS.

6. Contractor…