A1 Knowles Head Thinning Statement of Work and Specifications.pdf

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

Background The Exxon Valdez oil spill (EVOS) affected many wildlife species and their associated habitats, creating specific management strategies to aid in the recovery of injured wildlife. One such species is the marbled murrelet (Brachyramphus marmoratus) which is classified as “not recovered” by the EVOS Trustee Council. Marbled murrelets nest primarily in old-growth forests (Naslund et al., 1995). Old-growth forest characteristics important to breeding marbled murrelets have been reduced in parts of Prince William Sound due to clearcut harvesting.

The US Forest Service is proposing to improve and restore nesting habitat for marbled murrelets through implementation of variable-density thinning. This restoration practice will accelerate the development of old-growth forest characteristics (e.g. large trees and horizontal heterogeneity). This restoration effort will occur on Knowles Head peninsula found in eastern Prince William Sound. Surface rights at Knowles Head were conveyed from the Tatitlek Native Corporation to the National Forest System in 1999. It is now a part of the Chugach National Forest. Before conveyance this area was managed as an industrial forestland. Approximately 21% of the total forested area (6,015 acres) was harvested between 1989 and 1996 using the clearcut method. Through thinning our goal is to accelerate the development of residual trees and promote canopy heterogeneity of stands to offer potential structures for wildlife use.

The forest stands to be thinned are approximately 22 to 32 years old and consist of densely regenerated Sitka spruce (Picea sitchensis (Bong.) Carr.) and Western hemlock (Tsuga heterophylla (Raf.) Sarg.).

Stands will be thinned by hand. Stand selection was based on current stand structure and location in reference to known marbled murrelet nesting sites in Prince William Sound (Naslund et al., 1995).

Objectives The objective is to manage second-growth forests to facilitate the development of complex forest structures and the recovery of injured wildlife species.

• Accelerate the development of old-growth forest structure in dense, second-growth Sitka spruce stands.

• Promote key habitat features for marbled murrelet and other species.

A total of 143 acres will be thinned within 6 units (Figure 2 and 3). Due to restricted contractor capacity and higher costs per acre the units are arranged to facilitate splitting between contractors if necessary.

Group 1 would be composed of units 1, 2, and 3 and total 53 acres, while group 2 would be composed of units 4, 5, and 6 and total 90 acres.

Scope of Contract The purpose and intent of this contract is to secure services for pre-commercial tree thinning of 143 acres in young growth stands approximately 23 to 33 years of age. The Contractor must furnish all labor, equipment, housing, subsistence, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property. Due to the fairly steep and rugged terrain and limited access, methods for accomplishing this work are limited to chain saws and hand tools only.

Project Location and Description

Location and General Accessibility This project is located on the Chugach National Forest’s Cordova Ranger District, on Knowles Head peninsula which is located north of Port Gravina and south of Port Fidalgo in eastern Prince William Sound (Figure 1 & 2). It lies approximately 25 miles northwest of the city of Cordova, Alaska and 30 miles south of Valdez, Alaska. The Village of Tatitlek is approximately 15 miles north of the project area.

Figure 1. Vicinity of Knowles Head peninsula.

Figure 2. Overview of Knowles Head and location of thinning units.

Cordova, Alaska is linked to Seattle, Washington via Alaska Airlines, the Alaska Marine Highway Ferry System (from Valdez and Whittier, Alaska) and barge services from Seattle. Cordova is the administrative site of the Cordova Ranger District.

Overall Physical Description of Ground Conditions Potential contractors are encouraged to examine the young growth stands on the ground before submitting an offer, in order to determine their expenses in doing the work. Logistics, access, weather, thickness of brush, steepness of slopes, presence of slash, and density of conifer regeneration are just some of the critical items that should be examined on the ground by each potential contractor.

No statistically reliable stem count data is available for the project area. Stem count is typical of what would be expected after 20 – 30 years of regrowth following a clearcut harvest in southeast Alaska.

Unit (s) Accessibility The Government does not guarantee vehicle access or continued vehicle access to project areas by road.

Roads indicated on the contract map have been decommissioned and may not be accessible by motorized vehicle. Road maintenance by the Government will not be provided in this contract.

If access to any of the Units changes due to weather, floods, slides, failure of man-made structures, or any natural phenomenon, the Government reserves the right to delete those units affected by the change in access. The Government may decide to substitute similar units, or may provide an alternate access route.

The Government may also agree to the completion of the work on those units affected by a change in access with an adjustment in contract price, an extension in contract time, or both.

This project consists of 6 units that are located on closed roads (Figure 3).

Figure 3. Zoomed in location of Option 1 thinning units.

Knowles Head does not have a road system from the city of Cordova. All vehicles, equipment, supplies staff, etc. must be barged or flown to Knowles Head. Potential beach access points include Two Moon Bay, Hell’s Hole, and the shore east of Red Head (Figures 2 and 3).

Local Services The City of Cordova is the closest full-service community to the project area.

Safety

Occupational Health and Safety Act (OSHA) and Safety Plan Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote, and advance planning with regards to safety is crucial. Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the time of the pre-work meeting.

Communications All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites.

Having access to reliable communications is essential should an injury occur on the work site. Cell phone coverage in Alaska is not consistent. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan.

Contractors shall provide a functional two-way communication system and be familiar with its use. The Contracting Officer's Representative (COR) or her/his inspectors may require a contractor, or their employees, to display on site that they have functional, adequate communications. Inadequate communications will be cause for the issuance of a written cure notice, or stop work order.

Communication with Contracting Officer (CO) and Contracting Officer’s Representative (COR) Maintain effective communication with the CO and COR regarding work schedule, progress, and changes.

Travel Logistics pose a special challenge on the Chugach National Forest. Gaining access into remote work areas requires planning and research into local conditions. Contractors are advised to learn about the transportation systems of Prince William Sound. Of special concern are jobs that may require a contractor to use small boats to access a work area. Boating can be dangerous any time of year in Prince William Sound, particularly in the fall, winter and early spring. The seas around Knowles Head can be extremely variable due to its exposure to the Hinchinbrook Entrance of Prince William Sound.

Contractors are encouraged to familiarize themselves with emergency procedures.

Climate Prince William Sound has a cool and moist maritime climate. This maritime climate results in cool summers, moderate winters, considerable precipitation distributed throughout the year, and a high percentage of overcast days. Precipitation amounts vary widely throughout South Central Coastal Alaska, and annual precipitation of over 100 inches is common. All field workers should be prepared for wet, cool conditions.

Bears Brown bears and/or black bears are found throughout the contract area. Black bears and particularly brown bears (a large, coastal form of the Grizzly) are considered unpredictable and potentially dangerous in human/bear encounters. It is suggested that contractors carry a large caliber weapon as bear protection.

Any bear shot in defense of life or property requires a written explanation and becomes property of the State of Alaska. The best protection is avoiding bear/human contacts. Campsites shall be kept clean and free of garbage. Failure to do so will result in the issuance of a cure notice or a stop work order. Waste disposal shall be in accordance with Federal EPA guidelines. Report any problems with bears to the

Contracting Officer (CO) as soon as possible. This may be done through the COR, or his/her inspectors.

Especially important is the reporting of bears that appear to have become habituated to humans.

Unit Boundaries The Government will mark the exterior boundaries of each unit with florescent pink flagging, unless a distinct physical feature is available which would serve as boundary. Distinct physical features can be roads, well defined slope breaks, limit of old growth timbered edges (stump line), or stream courses. The Contractor is responsible for thinning within the measured boundary and should direct any questions regarding boundary location to the COR. Boundaries on contract maps and aerial photos represent approximate locations of the actual unit boundaries.

Land Survey Corner Monuments and Markers The Contractor is responsible for the preservation of all corner monuments, stakes, and permanent plot markers. Corner monuments and plot markers may be of various materials including iron re-bar, wood post, marked tree and PVC pipe. When damaged by the Contractor's operations, the cost of replacing them will be charged to the Contractor.

Thinning Specifications

Cut and Leave Tree Limits All conifer species:

Tree Size Treatment <2 feet high Leave and ignore for spacing.

>2 feet high & <8 inches dbh Cut trees to reach the desired spacing.

8 inches dbh and larger Shall not be treated.

Excess trees due to this requirement will not count for spacing.

Residual trees Leave and ignore for spacing.

All trees qualifying for treatment within their own height of the road prism on a designated road (Section H.6, Definitions), shall not be girdled, but cut and felled according to specifications found in Section C.7.5, Felling. This is required to prevent slash from entering roads or road drainage structures, should the girdled trees break or blow over.

Spacing of Leave Trees (Per Tree Spacing Option) The Contractor shall thin all eligible conifers greater than 2 feet in height to the following spacing specifications:

Project Area Spacing (feet)

Target

TPA

- 50% Variance minimum feet apart

+ 50% Variance maximum feet apart

Knowles Head 16 x16 170 8 24

Conifer tree spacing may be varied up to +/- 50 percent on an individual tree basis, in order to select the most desirable leave trees. Leave trees shall be no closer and no farther apart than the minimum and maximum variance for any given spacing as listed in the above table. The intent of the 50% variance is to give the Contractor the greatest opportunity for selecting the most desirable leave trees and to meet the treatment objectives. However, overall average spacing using the original spacing guides shall be maintained wherever possible.

Five percent of selected trees should be spaced at the maximum spacing and 5% of the each unit will be untreated, referred to dense canopy retention areas and specified in C.8.0.

All spacing distance between trees shall be adjusted to horizontal distance and measured from the face of the tree boles at breast height (4.5 feet above ground level). Though most stands contain openings not occupied by trees, overly dense thickets shall not be left in one spot to offset the lack of trees in another.

Trees to Favor for Leave Trees The Contractor shall select, within the spacing requirements, the largest, best formed, most vigorous tree, of the preferred species as leave trees. It shall be dominant or co-dominant, free from mechanical or animal damage, and show no signs of disease or dwarf mistletoe. In the event the Contractor determines that no tree meets these specifications, he/she shall choose the one that comes closest to meeting the specifications in order to maintain the required spacing.

The Contractor shall not select double-trunked trees or trees that are growing on logs or stumps as leave trees, unless no other crop tree is available. Double-trunked trees may be selected, in the absence of a more desirable crop tree, if they are at least half or more the height of the alternate tree choices. If a double-trunked tree is selected, both stems shall be left.

Leave tree preference:

Preference Species

1 Sitka spruce Preferred species

2 Western hemlock

3 Mountain hemlock

EXCEPTION:

Except on closed roads to aid access, (see C.7.8), deciduous trees (Sitka alder and black cottonwood) shall not be cut and will not count as leave trees. The contractor should contact the COR should there be any question as to tree species identification.

Stump Height – Removal of Live Limbs All trees to be cut shall be cut below the lowest live limb, except when prevented by natural obstacles.

Natural obstacles are objects that could damage a saw blade if nicked, such as rock, cable or mineral soil.

They do not include logs or stumps. Any live limbs left on stumps because of natural obstacles shall be trimmed to within 4 inches of the obstacle. Stump height shall not exceed 12 inches above ground level or 4 inches above natural obstacles.

Pruning branches of leave trees is allowed only when required to access and sever excess trees growing within the leave tree crown. Pruned branch stubs should not exceed 4 inches in length. Care should be taken not to damage the leave tree bole. Damaged leave tree boles or long-branch stubs in excess of 4 inches shall count as a damaged tree for inspection purposes.

Felling Cut trees shall be felled away from unit boundaries, roads including associated ditches and road banks, established game and recreation trails, ponds and streams. Any trees falling in such areas shall be removed and pulled back into the cutting area. Felled trees shall not be left leaning on, entangled in the branches of or covering any crop tree. Reasonable efforts must be made to ensure that all cut trees are completely felled. At no time will cutting be allowed outside designated unit boundaries without written authorization from the Contracting Officer.

Girdling Use a chainsaw or other acceptable tool. Make two continuous and parallel cuts around the tree bole.

Depth of cut should be at least ¼ inch – ½ inch past the cambium.

Basic Thinning Slash Treatment All slash treatment, including pull back or any required lopping and scattering shall be performed concurrently with thinning operations.

Thinning slash shall be pulled clear of roadways and associated ditches and road banks, and back into the general cutting area on all roads (including closed roads) bordering or within the cutting unit.

Roads Treatment units do not have road access and the current land covenance does not allow for motorized vehicle access.

Roads are not part of the treatment unit when found inside established boundaries. Where boundaries are un-flagged and fall along roads, the boundary of the treatment area shall be the edge of the road surface commonly defined by the presence of alder. If necessary, felling of trees on and along all roads shall be performed in accordance with Section C.7.5 Felling and C.7.7 Basic Thinning Slash Treatment.

Some roads accessing or contained within units may be physically closed to vehicle traffic by water bars, removed culverts, alder re-growth or other physical barriers. To improve access, the Contractor may alter or remove physical barriers such as water bars and alder re-growth with prior written approval of the Contracting Officer. Contractor altered physical barriers, with the exception of alder/conifer clearing, must be restored to their previous condition prior to final payment for the unit in which they occur.

Deciduous trees and shrubs may be cut on the closed roads to aid access and are subject to the specifications found in Section C.7.5, Felling or C.7.7 Basic Thinning Slash Treatment.

Streams Cut trees shall be felled away from all streams within the units. These streams are designated on unit maps. Any trees falling into streams shall be removed and pulled back into the cutting area.

The written request for inspection, submitted by the contractor, shall include a statement indicating that the streams have been inspected and meets contract requirements. The government will inspect streams to ensure felled trees are pulled back into the cutting area; payment will be withheld until this slash treatment is correctly completed.

Nest Trees Trees to be cut, which have active songbird nests in them shall be girdled instead of severed. A tree with an active or inactive eagle, other raptor or heron nest shall not be girdled or cut. Notify the COR promptly should an eagle, other raptor or heron nest be found in or adjacent to a thinning unit as special provisions must be applied and a substantial buffer of uncut vegetation will be required.

Bear Dens Any bear dens encountered during thinning operations shall be reported to the COR and, if possible, a screen of trees, 10 feet minimum and 25 feet maximum in width shall be left to hide the den opening.

Dens can sometimes be located by observing spruce and hemlock trees, which have been stripped of branches to a height of seven feet (branches are used for bedding). A den opening may be visible beneath a stump. The Contractor should consult with the COR if there are any questions.

Beaver Ponds and Standing Water Pools The Contractor shall leave a 25-foot un-cut fringe around all beaver ponds and standing pools of water greater than 10ft in diameter.

Dense Canopy Retention Area Specifications The contractor will retain 5% of each unit as untreated based where units are greater than 4 acres, where natural tree spacing is less than 5 feet between trees. Size of retention areas will vary between 20 and 40 feet in diameter. Dense Canopy Retention areas may not be grouped together and need to be more than 40 feet from other retention areas.

Resource Protection The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources. If existing facilities, such as roads, fences, erosion dips, trails, barriers, and drainage facilities are damaged, they shall be replaced or repaired at no cost to the Government.

Emergency Control

(a) Contractor's Responsibility of Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vicinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or workers, whether caused directly or indirectly as a result of contractor operations, the Contractor's cost relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition, the Contractor may be held liable for all damages or costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or workers.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use workers and equipment for emergency work. Payment will be made at not less than the current area rate established by the Forest Service. Workers and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area is obtained.

Fire Prevention

The Contractor shall be required to comply with the fire regulations governing National Forest lands during the period when this contract is in effect. The following subsections outline minimum fire prevention requirements.

Fire Tools Contractor/Subcontractor shall furnish fire tools to equip all workers in this Contract at each separate work site. Tools shall be in serviceable condition and kept in one or more sealed, weather-tight fire toolboxes. Fire toolboxes shall be painted red, marked "Tools for Fire Only" with letters at least 3 inches high. A list of the contents shall be posted inside each fire toolbox so it is visible when opened. Sharpened edges of tools shall be protected from rusting in a manner acceptable to the Forest Service.

Fire toolboxes shall contain number and kinds of tools as follows:

Kind of Tool Number of people working in area 1-4 5-9 10-15 Shovels #0 or larger 1 3 6 Pulaski 32” min. handle 2 3 7 Flat File, 10” 1 1 1 Backpack Pumps, water filled 5 gal 1 2 2

Backpack pumps shall be located inside or immediately adjacent to the toolbox in a safe, readily available area. The required fire tools shall be available for inspection at the pre-work meeting.

Spark Arresters and Mufflers Each internal combustion engine shall be equipped with a spark arrester qualified and rated under USDA- Forest Service, Standard 5100-1, unless it is:

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

2. A multi-position engine, such as on chain saws, which is equipped with a screen arrester, as described in Forest Service Spark Arrester Guide. A spark arrester, which does not meet the requirements in this Guide, may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

3. A passenger-carrying vehicle or light truck intended primarily for use on roads and equipped with a factory designed muffler and exhaust system. Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed and consequently maintained in serviceable condition.

Fire Extinguishers and Power Saws Contractor shall test or check each extinguisher for proper functioning prior to the beginning of Fire Precautionary Period.

Each gasoline power saw shall be provided with 1 chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. The extinguisher shall be maintained in good working order at all times and carried by the saw operator during the fire season. Any fueling of a power saw shall be done in an area which has first been cleared of material which will carry fire; such power saw shall be moved at least 10 feet from the place of fueling before starting.

During periods of critical fire danger, additional precautionary measures, such as a #0 competitive grade shovel, may be required when such saws are used.

Burning of Refuse During periods of critical fire danger, no camp refuse, or brush, slash, or debris such as that resulting from clearing around camps shall be burned without written approval of the Forest Service.

Emergency Fire Precautions Contractor shall restrict operations in accordance with the Emergency Fire Precautions Schedule.

It shall be the Contractors responsibility to monitor and obtain the predicted Fire Precautions Class from the appropriate Forest Service Office. If predictions made after 1800 local time are significantly different than originally estimated, Forest service will inform the Contractor when a change in restrictions or fire precautions are indicated.

Control of Erosion, Sedimentation, and Pollution

1. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

2. Pollutants such as fuels, lubricants, bitumen’s, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels.

3. If the contractor maintains storage facilities for oil and oil products on the project area, the contractor shall take appropriate preventive measures to insure, that any spill does not contaminate soils or enter any streams or other waters. Tarps and absorbent pads shall be utilized at fuel storage areas to capture minor spills in areas where transfer of oil products from container to container is commonplace.

4. If the total oil or oil products storage exceeds in aggregate 1,320 gallons in containers 55 gallons or greater, the Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such Plan shall meet applicable EPA requirements (40 CFR 112). No single oil or oil products storage area shall exceed 660 gallons, 12- 55-gallon drums. Oil or oil products storage areas shall not be within 100 feet of a stream or body of water.

5. The Contractor shall notify appropriate agencies, including Contracting Officer, of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the contract area that are caused by the Contractor’s workers. The Contractor will take whatever initial action may be safely accomplished to contain all spills.

6. Any used motor oils, fuels, lubricants and absorbent pads shall be collected, removed from National Forest Lands and properly deposed of at an approved facility.

7. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

Key Personnel

Key personnel in key positions must be named by the contractor prior to award. The following positions are designated as key personnel:

• Crew Foreman – must be bi-lingual with English being one language and the other being the language spoken by the majority of the crew.

Employment of Eligible Workers Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I- 9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all workers complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the worker and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

List of Workers Verification must be complete, and a certified list of workers and subcontract workers must be submitted by the Contractor and approved by the Forest Service, prior to commencement of work.

Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, and site preparation and wildland fire fighting.

(b) Definitions. "Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's workers who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph

(b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR

500.105. All drivers must have a current, valid State driver license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A worker’s compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Migrant and Seasonal Agricultural Worker Protection Act Registration The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, and the contractor may be subject to other remedies or penalties as prescribed by law.

Personal Protective Equipment

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, and chain saw operation.

Camping Provisions for Labor Intensive Contracts The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold.

Firewood may be cut only after obtaining a District Firewood Permit.

The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

The campsite shall have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the

United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid. The supplies shall include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (band-aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

During the fire season, a shovel, axe or Pulaski, 10- quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

All fire rings or outside fireplaces must be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace, and it will not have any overhanging material. Fire rings will be dismantled, and material disposed prior to leaving the site.

All generators and other internal combustion engines must be equipped with US Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

Camping Requirements are as follows:

1. Structures used to house employees shall be commercially designed and constructed. Examples of commercially designed and constructed facilities include wall tents, travel trailers and motor homes.

Additionally, the structures must:

a. Protect occupants from the elements.

b. Provide safe and adequate heating (wood, propane or oil). Employee billet heating is not required during the months of June, July and August. Any other time of year, employee sleeping facilities shall have an appropriate heat source.

c. Have raised floors.

d. Have raised bunks for each occupant.

e. Have a minimum sleeping area of 60 square feet of floor space per occupant.

f. Have a minimum of two exits.

g. Have smoke alarms and fire extinguishers.

h. Except in the case of a mobile home or trailer (which has been specifically constructed and designed for cooking, eating, living and sleeping activities), all food storage, preparation and eating shall occur in a separate structure.

2. Food must be stored in fly and rodent-proof containers. Perishable food shall be refrigerated. Perishable food can be stored in ice filled coolers and ice chests.

3. Food and garbage shall be stored in hard-sided vehicles or suitable bear proof containers. At no time will food or garbage be left exposed and unattended. Bear proof containers may be commercially purchased or locally fabricated. Locally fabricated bear proof containers shall be constructed in accordance with the following minimum standards:

a. Minimum of 5/8-inch plywood with 2” x 4” construction and screws instead of nails.

b. Heavy duty hinges and latches strong enough that they can’t be pried open by claws.

c. Metal flashing to cover seams so that claws can’t get into them.

d. Locally fabricated bear proof containers are subject to government inspection for suitability.

Contractors will replace bear proof containers found unsuitable by the Government.

4. Adequate potable water shall be provided for drinking, cooking and washing.

5. Covered toilet facilities with toilet paper shall be provided. Follow these steps to establish the camp toilet facility:

a. Decide where to locate the pit privy.

(1) Find a site where the groundwater table is deep enough to ensure a 4-foot minimum vertical separation between the bottom of the pit and the groundwater.

(2) Locate the pit privy in an area where the water will drain away from the pit. Make sure the pit is in an area that is not subject to flooding.

(3) The pit privy must meet the following minimum separation distances (setbacks).

Minimum Required Separation Distances 100 feet Surface water, streams, wetlands, sloughs and swamps 20 feet Any structure 4 feet Vertical distance between the bottom of the pit privy and seasonal high groundwater table

6. Handwashing and hot water shower facilities shall be provided.

7. A laundry tray or tub for every 30 workers shall be provided or transportation, at least weekly, to a commercial laundromat shall be provided for all workers.

8. Store flammable liquids in accordance with applicable state and federal regulations. The contractor shall submit a plan to transport, store and transfer flammable liquids. In addition, the flammable liquids storage site shall:

a. Have secondary containment that is covered to keep rain out. Canopy or roof walls and supports must not restrict more than 25 percent (25%) of the perimeter of the storage area to allow fumes to dissipate.

b. Be at least 50 feet from other facilities and vehicles.

c. Have a NO SMOKING sign posted.

d. Store empty flammable liquid containers as if they still contain a flammable liquid.

e. All containers shall be sound and tightly closed at all times.

f. All drums and portable tanks shall be properly labeled.

9. The campsite should be dispersed, as reasonably as possible, in accordance with the attached U.S.

Forest Service, Alaska Region 10, Labor Camp Layout Illustration. Compliance with distances of dispersion will reduce hazards and comply with applicable laws and regulation. Additionally, the campsite shall not encroach beyond the boundaries designated by the Forest Service. No camp area shall be located within 100 feet of any open water (lake, stream, pond, etc.).

10. Upon abandonment, termination, revocation or cancellation the contractor shall remove within ten

(10) days all structures and improvements, except those owned by the United States, and restore the site.

If the contractor fails to remove all structures or improvements within the ten (10) calendar days, they shall become the property of the United States; however, that will not relieve the contractor of liability for the cost of the removal and restoration of the site.

11. The camping area may be accessed by the public, other contractors or Government employees.

Disorderly conduct is not permitted.

12. The campsite shall have a clean appearance at all times and in a condition that will not attract bears or other animals. Open burning of solid waste (excluding rubber products, plastics, oils, oily wastes, and contaminated oil cleanup materials), to prevent animal attraction and to reduce the volume of the waste is allowed as long as the activity does not threaten the safety of persons or property or violate air quality standards.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. Each campsite is required to carry an emergency trauma kit.

14. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without a written permit from the Forest Service. The contractor must comply with the following fire regulations:

a. A shovel, axe or pulaski, 10-quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 5:BC are required during the fire season.

b. All fire rings or outside fireplaces will be approved by a Forest Service representative. The area will be cleared down to the mineral soil for a distance of one (1) foot outside of the ring and it will not have any overhanging material. Fire rings will be dismantled, and the material dispersed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with Forest Service approved spark arresters and/or factory-designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

15. Pets will not be allowed to interfere with Forest Service officials or other Forest Users. The contractor is responsible for all dogs or other pets located at the work site or at the camp location. The contractor is responsible for keeping all pets from running loose and harassing, killing, or molesting wildlife.

16. This direction also supplements Code of Federal Regulation 29 (CFR) 1910.142, Title: Temporary Labor Camps, which is the governing direction for temporary labor camp standards.

17. Any violation of these conditions may result in revocation of camping approval. The Forest Service reserves the right to terminate this permit at any time.

PACKAGING AND MARKING

Project Labeling for Official Correspondence The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

INSPECTION AND ACCEPTANCE

Contractor Quality Control The Contractor shall provide quality control for all thinning operations.