B08_-_Attachment_1__-Schedule-SOW-Evaluation_Criteria.pdf

Attachment 1 – Schedule-SOW-Evaluation Criteria Only

Note this document will be incorporated in award, plus all applicable clauses referenced in combined

Synopsis/Solicitation, minus the Evaluation Criteria.

SECTION B – CONTINUATION OF SF 1449, SCHEDULE OF ITEMS (SOI)

Prices for all years shall be based on the applicable Service Contract Labor Standards Wage Determinations.

The Contractor shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the Scope of Work (SOW) for the amounts agreed to below, excluding Federal holidays. Provision of services must comply with SOW requirements and performance schedules shall be agreed by the Government.

SCHEDULE OF SERVICES

19.

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

QTY

22.

UNIT OF

MEASURE

23.

UNIT PRICE

24.

TOTAL

00010 Escape Route (960) Road

Fuels Reduction/Vegetation

Management

138 Acres $ $

00020 Upper (070/4613) Roads Fuels

Reduction/Vegetation

Management

180 Acres $ $

Base Total S

00030 Option to Increase Acres –

Maximum amount is 30 additional acres within Escape

Route and Upper Roads location only (Subject to

Availability of Funding)

30 Acres $ $

Optional Total $

Total Base & Optional Items $

NOTE: This acquisition utilizes FAR 13 Simplified Acquisition procedures.

The contract includes the FAR Clause 52.217-8 – Option to Extend Services for up to six (6) months. If the

Government elects to exercise FAR 52.217-8 – Option to Extend Services after the base period, the contractor is hereby notified that the Government will require continued performance of any services within the limits and at the unit prices specified in the Schedule of Services above, unless any of the unit prices require adjustment per revisions to the prevailing labor rates provided by the Secretary of Labor. The prices under this clause are hereby considered to be evaluated at the time of award of the base contract.

SECTION D – ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

STATEMENT OF WORK (SOW)

Fuels Reduction/Vegetation Management for Escape Route Road and Upper Road at Oregon Caves National Monument and Preserve (ORCA), 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 430 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 NATIOANL 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 has15 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 National Monument has a requirement to reduce the fuel load and change fuel arrangement inside the park’s boundary by mechanically cutting and chipping small diameter (< 7” Diameter at Breast Height (DBH)) live trees and <13” DBH dead trees along the 960 road

(Escape Route Road) and 070/4613 roads (Upper Road). The objective of this project is to reduce the fuel load and change fuel arrangement to reduce the intensity of wildland fire along these emergency escape paths, which is the primary escape road out of the monument from the south. There are only two (2) egress routes from the park which means limited egress in the event of a major wildfire event. This project will not only provide safe egress of visitors, park staff, and Concessionaire employees, it will also lessen the intensity along the roadside and enable firefighters to safely try and contain a wildfire.

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 Escape Route and Upper Road Fuels Reduction project is approximately 138 acres and 180 acres respectively, 318 acres in total. The Escape Route Road starts at main parking area for Oregon Caves and heads up to the ridgeline (960 Road) and will move up hill where the road terminates with the (Upper Road).

This project will go 200 feet from the center line of the road, on both sides of the road. Where there are pull outs, the cut will also be adjusted so that there is approximately 190 feet cut from the edge of the pavement.

Before work commences, the NPS will flag the project boundary in pink color flagging. The Upper Road portion (070/part of the 4613 road) will follow the same prescription as the Escape Route Road. See

Attachment 2 – Maps for additional details.

This project is a mix of flat ground and areas with slope. The forest inside this project is generally mixed conifer with lodgepole pine, ponderosa pine, red fir, Douglas fir and mountain hemlock. The elevation of the project site ranges from 3400 ft to 5200 ft. Weather at this elevation can include rain, lightning, sun, snow, and occasional high winds (30-50 mph). All work shall be conducted within monument & preserve boundaries.

D.3.1 - Option to Increase Acres (Subject to Availability of Funding)

The number of acres identified in both the schedule of services and above in Section D.3 are estimated acres. As they are estimated, sometimes additional work reveals itself as the work is being performed, where additional acres maybe required that were not considered in the original estimation by the

Government. To allow some flexibility in the contract, an additional 30 acres is being included as an https://www.nps.gov/orca/index.htm https://www.nps.gov/orca/index.htm optional item for both felling and hand piling and covering, that is subject to the availability of funds should additional treatment be identified.

Some examples where additional acres may be required but not limited to include the following:

• Additional Growth in Areas, not previously accounted for in original estimation.

• Additional Defensible Space not previously accounted for in original estimation.

• Appearance (i.e., a treatment area might take an additional number of acres to make it more presentable to public)

• Safety issues

Additional hazard fuel treatments may be identified by the contractor and/or the Government. Any additional hazard treatment areas must be identified in writing via email to Contracting Officer (CO). It must at least include:

• Description of the additional hazard treatment

• Which treatment area.

• Why it is required.

• Map/picture of location of additional treatment.

The contract may be modified more than once, based on the number of additional acres; however, the maximum combined total of any of the additional hazard treatment areas shall not exceed 30 acres. The additional acres are limited to work along Escape Route Road and Upper Roads.

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.

The contractor shall fell standing live trees <7” DBH and dead trees <13” DBH, and prune remaining trees, remove ladder fuels, buck up dead and down material, and chip 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. The inside line of the project boundary will be flagged with pink flagging by NPS before work begins.

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 maintaining traffic control during operations where cutting and chipping will impact the roadway.

D.5 WORK STANDARDS AND THINNING PRESCRIPTION

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 red fir and mountain hemlock. Also look for the most vigorous tree or the one with the least visual defects for the leave tree.

• Chip 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 inches DBH. Trees greater than 7 inches DBH SHALL NOT be removed.

• 75% of the resulting mulch and debris must not exceed 8-inches in depth and chip pieces must not exceed 36 inches in length and must be 6 inches of less in total diameter. Mulch chips, slash, and debris must not be piled against leave-trees or exceed 8 inches in depth anywhere.

• All chipped materials shall be at least 2 feet away from the drip line of any leave tree. All chipped materials shall be at least 25 feet from the drip line of power lines and power poles/structures.

• All chipped materials shall be moved at least 10 feet back from the edge of roads and property boundaries between government and private land daily, before the crew leaves the project area.

Chipped materials shall not be left along any roadway.

• Cut all regeneration and shrubs in the ditch alongside the road.

• General Appearance - Avoid straight lines, provide vertical diversity, avoid “sterilization”.

• Flush cut all stumps flat no greater than 3” from the ground as measured on the uphill side. All stumps shall be flat cut with no acute angle.

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

• Woody Debris - Cut and chip 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 monument provided Archaeology Monitors to avoid chipping in sensitive sites.

These areas will be marked with red and white candy stripe color flagging and red and white striped color pin flagging.

• If can dumps or other artifacts are discovered, contact Archaeology Monitors (NPS) immediately and move on with thinning and chipping 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 by NPS. The Contractor shall be responsible for protecting any identified flagged area or sensitive site.

Chipping Prescription:

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

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

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

D.7 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.

D.8 PERIOD OF PERFORMANCE

This project is anticipated to take 60 days to complete once operations in both locations once begin.

All designated tree removal, slash treatment, and site rehabilitation shall be completed no later than February

28, 2027, at the latest. Extensions may be granted due to delays associated with abnormally wet ground conditions, unusual weather conditions, wildland fire related restrictions, or NPS delays in marking the trees within the units. Due to wildlife habitat limitations, there will be primary Operational Periods associated with this work.

Tentative Operational Periods (exclusive of weekends and holidays), weather and ground conditions permitting, shall be:

• Operational Period One (1) - 10/1/24 - 02/28/25

• Operational Period two (2) - 10/1/25 - 02/28/26

Changes to these operational periods will be approved by the NPS. The trees within the thinning units are in the process of be marked; if the NPS has not completed marking by 10/1/24, the start of work may be delayed.

If necessary, because of tree-marking delays, a third Operational Period of 10/1/26 – 02/28/27 may be authorized by the NPS. With NPS approval, certain tasks that don’t create excessive sound disturbance to wildlife, such as hand-cutting and hand-piling biomass, mechanical piling, mechanical rehab/repair actions, and flush cutting may be permitted between the two Operational Periods.

D.9 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Oregon Caves National Monument and Preserve

19000 Caves Hwy

Cave Junction, OR 97523

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.

Work may or may not be allowed on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January

President’s Day – Third Monday in February

Memorial Day – Last Monday in May

Juneteenth – June 19th

Independence Day – July 4th

Labor Day – First Monday in September

Columbus Day/Indigenous Peoples Day – Second Monday in October

Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November

Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

D.10 PRE-WORK FIELD INSPECTION AND CONFERENCE

A pre-work field inspection and conference will be arranged between the Contracting Officer (CO), Contracting Officer’s Representative (COR), Contractor, and National Park Service Resource Management

Personnel. Meeting place will be at Headquarters.

At the beginning of the first workday, the Contractor and COR and/or Point-of-Contact (POC) will meet to ensure that proper equipment and Personal Protective Equipment (PPE) are being used. The COR/POC 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 CO prior to change.

D.11 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 NPS Safety Officer.

2. Traffic Control: When applicable, the Contractor shall be responsible for providing own traffic control when operating (falling, skidding, loading, or performing slash treatment/site rehabilitation) along roads.

Flaggers shall be equipped with safety vests and two-way radios and control traffic in both directions.

Roadside operations shall be signed, or otherwise identified by barricades, and employees/sub-

Contractors working along roads identified by safety vests or other identifiable clothing. Contractor shall be required to adhere to Federal Highway Administration Manual on Uniform Traffic Control

Devices (MUTCD) and OSHA guidelines for traffic control. Traffic control signing must be coordinated with the COR/POC or park law enforcement three days in advance.

3. 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 - Laws & Policies - Oregon Caves National Monument & Preserve (U.S. National

Park Service) (nps.gov)-

• 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.12 MINIMUM SAFETY REQUIREMENTS

The Contracting Officers Representative (COR) and/or Point-of-Contact (POC) 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.

1. 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 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.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 while operating chainsaws, climbing equipment, etc.), and any other reasonable safety related topics commensurate with the size and nature of this work.

2. 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.

3. 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

4. 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).

5. 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.

6. The contractor shall maintain the ability to contact 911 or OCRA within 15 minutes in case of an emergency. Cell phone coverage is limited in the work area. Radio frequencies for ORCA may be provided upon request. Government radios will NOT be provided.

7. 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.

8. 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.

9. 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.

D.13 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:

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

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

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

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

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

6. Emergency numbers to contact if an accident happens.

D.14 GLOBAL POSITIONING SYSTEM (GPS)

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id

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.15 DRONES/UNMANNED AERIAL VEHICLE (UAV) USAGE

The use of drones and/or UAVs are not authorized at ORCA during performance of this contract.

D.16 PROHIBITION OF WEAPONS/FIREARMS

18 USC 930 is Federal law that supersedes Section 512 of Public Law 111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility. Federal facilities are buildings or parts thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing official duties. No weapon or firearms are authorized within ORCA at any time.

D.17 GENERAL COMMUNICATION REQUIREMENTS

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/POC 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/POC to determine if the work has been successfully completed.

D.18 RESOURCE DAMAGE

Any ruts and road damage caused by the Contractor shall 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 and picnic areas 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, 5 needle pines, and incense cedar.

• No cutting live or dead trees with cavity nests or other signs of significant wildlife use.

Prior to work beginning, contractor must coordinate with the COR/POC 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 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, which can be found at http://www.gpoaccess.gov/ecfr/

D.19 WORKERS COMPENSATION

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of Labor Code of the State of Oregon. Evidence of coverage is required before commencement of project work.

D.20 OREGON FARM/FOREST LABOR CONTRACTOR’S LICENSE

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

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-

1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636

Salem, OR 97305-1268

Contractor must visibly post fair wage rules, injury rules, and other applicable rules/rights at the work site or in work vehicles. Given the outdoor work environment it is acceptable to hand out this information to each employee.

D.21 PREVENT FIRE STARTS

To prevent accidental fire starts, saws shall be equipped with spark arrestors. Any accidental fire starts shall 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/Oregon Caves Fire Management Fire

Management immediately.

D.22 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.

1. 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.

2. 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.

3. ADDITIONAL REQUIREMENTS

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.

4. 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/Oregon Caves Fire

Management Fire Management.

D.23 ADDITIONAL 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:

a. One - shovel, round point #0 or equal with an overall length of at least 48 inches. Shovel must be immediately available for use.

b. 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.

c. 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.

D.24 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.

• All smoking filters (butts) shall be properly disposed of in an approved refuse receptacle as opposed to being discarded on the ground.

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. When applicable - 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. When applicable - 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.25 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 personnel and equipment at the Contractor's disposal for implementing the plan.

• Acknowledgement and understating of Section D.21 through D.24

• 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.22-23 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.26 GARBAGE AND SEWAGE

All refuse, excess or waste materials resulting from operations shall be recycled and/or disposed of in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

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. If 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.27 TEMPORARY/STORAGE FACILITIES

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. PARKING AREAS: Parking areas shall be established in existing pull outs only.

D.28 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. Contractor’s 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.

http://www.lnt.org/

c. No mechanized equipment will be allowed in areas 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)”. In the field these areas may their site perimeters identified with square red reflector tags facing out from the site and have been flagged. There may be multiple archeological sites in the project area. The sites will 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. The Contractor will also note linear archaeological features outside of the CAs which are limited to perpendicular crossings at designated and previously disturbed locations, such locations will be determined in coordination with NPS archaeological staff and COR. Lastly, any and all trees with historic insulators will be undisturbed.

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 Contractor’s 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: Based on field surveys conducted annually from 2011-2020, the

Project Area is not known to contain any Federal or State Threatened, Endangered, or Sensitive

(TES) 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. Contractor shall avoid damaging reserve trees by exercising care during skidding operations. 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.

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 and skidding 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 on the contract area.

D.29 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. 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

2) construct erosion control structures as needed to control erosion

3) repair promptly any existing culverts or other erosion control structures damaged by Contractor’s 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.30 NOXIOUS WEED/SPECIES/PATHOGEN CONTROL

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

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

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

3. Ensure and submit documentation that any straw bales and seed mixes are certified “weed-free” and if feasible, are from the local area; submit documentation.

4. Ensure any floating silt screens or similar construction aids…