GENERAL_CLAUSES_S013.docx

GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL CONTRACT

Solicitation: P17PS00168 Emergency Construction Equipment Rental w/ Operator

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Since the equipment needs of the Government and availability of Contractor's equipment during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the equipment listed herein to the extent the Contractor is willing and able at the time of order. The following personnel are authorized to place orders against this agreement, Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders, Contracting Officers and Purchasing Agents. At time of dispatch, a resource order number will be assigned. The Contractor shall furnish the assigned resource order number upon arrival and check in at the incident. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement. Equipment furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smokey conditions. As a result, by entering into this agreement, the contractor agrees that what is considered wear and tear under this agreement is in excess of what the equipment is subjected to under normal operations and is reflected in the rates paid for the equipment. When such equipment is furnished to the Government, the following clauses shall apply:

CLAUSE 1. Condition of Equipment: All equipment furnished under this agreement shall be in acceptable condition. The Government reserves the right to reject equipment that is not in safe and operable condition. The Government may allow the Contractor to correct deficiencies within 24 hours. No payment for travel to an Incident or point of inspection, or return to the point of hire, will be made for equipment that does not pass inspection. No payment will be made for time that the equipment was not available.

CLAUSE 2. Time Under Hire: The time under hire shall start at the time the equipment begins traveling to the incident after being ordered by the Government, and end at the estimated time of arrival back to the point of hire after being released, except as provided in Clause 7 of these General Clauses.

CLAUSE 3. Operating Supplies: As identified in Block 7, operating supplies include fuel, oil, filters, lube/oil changes. Even though Block 7 may specify that all operating supplies are to be furnished by the Contractor (wet), the Government may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies will be determined by the Government and deducted from payment to the Contractor.

CLAUSE 4. Repairs: Repairs to equipment shall be made and paid for by the Contractor. The Government may, at its option, elect to make such repairs when necessary to keep the equipment operating. The cost of such repairs will be determined by the Government and deducted from payment to the contractor. CLAUSE 5. Timekeeping: Time will be verified and approved by the Government Agent responsible for ordering and/or directing use of each piece of equipment. Time will be recorded to the nearest quarter hour worked for daily/hourly rate, or whole mile for mileage.

CLAUSE 6. Payments

a. Rates of Payments - Rates for equipment hired with Contractor Furnished operator(s) shall include all operator(s) expenses. Payment will be at rates specified and, except as provided in Clause 7. CLAUSE 7. Exceptions a. No further payment under Clause 6 will accrue during any period that equipment under hire is not in a safe or operable condition or when Contractor furnished operator(s) is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the equipment was operational during the assigned shift, as documented on the shift ticket versus the designated shift shown on the Incident Action Plan. If the equipment was not operational for the full shift, the deduction from the daily rate is calculated by converting the length of shift from the IAP to determine the hourly rate and pay the contractor for the total hours worked before equipment became nonoperational. b. If the Contractor withdraws equipment and/or operator(s) prior to being released by the Government, no further payment under Clause 6 shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire. c. After inspection and acceptance for use, equipment and/or furnished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Clause 4, within 24 hours, may be considered as being withdrawn by the Contractor in accordance with Paragraph B above, except that the Government will bear all costs of returning equipment and/or operator(s) to the point of hire as promptly as emergency conditions will allow. d. No payment will accrue under Clause 6 when the contractor is off shift in compliance with the mandatory “Work/Rest” and “Length of Commitment” provisions. As an option to rotating personnel, or taking a mandatory day off, without pay, the contractor may be released from the incident. CLAUSE 8. Subsistence: When Government subsistence incident camps are available, meals and bedding for Contractor's operator(s) will be furnished without charge. Government will furnish meals and lodging without cost if hotel/restaurant subsistence is the approved camp for incident personnel. Double occupancy of hotel rooms may be required. Contractors are not paid per diem or lodging expenses to and from incidents. CLAUSE 9. Loss, Damage, or Destruction: (a) For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees or Government employee owned and operated equipment. (b) For equipment furnished under this EERA with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment. CLAUSE 10. Contractor's Responsibility for Property and Personal Damages: Except as provided in Clause 9, the Contractor will be responsible for all damages to property and to persons, including third parties, that occur as a result of Contractor or Contractor's agents or employee fault or negligence. The term "third parties" is construed to include employees of the Government. CLAUSE 11. Deductions: Unless specifically stated materials, or services, including commissary, provided for the Contractor by the Government will be deducted from the payment to the Contractor. CLAUSE 12. Personal Protective Clothing and Equipment: Contractor-furnished. Operators shall wear the items of clothing and safety equipment as required by OSHA standards as applicable. General PPE includes: - Hard hat for overhead impact or electrical hazards - Eye protection with side shields - Gloves chosen for job hazards expected - ANSI-approved protective footwear - Respiratory protection as necessary—N, R, or P95, filtering facepieces may be used for nuisance dusts (e.g., dried mud, dirt and silt) and mold (except mold remediation). Filters with a charcoal layer may be used for odors. All vehicles must have: - A service brake system, an emergency brake system, and a parking brake system - Working headlights, tail lights, and brake lights - An audible warning device (horn) - Intact windshield with working windshield wipers - Ensure that all operators have been trained on the equipment they will use - Check vehicles at the beginning of each shift to ensure that the parts, equipment, and accessories are in safe operating condition. Repair or replace any defective parts or equipment prior to use - Do not operate vehicle in reverse with an obstructed rear view unless it has a reverse signal alarm capable of being heard above ambient noise levels or a signal observer indicates that it is safe to move - Vehicles loaded from the top (e.g., dump trucks) must have cab shields or canopies to protect the operator while loading - Ensure that vehicles used to transport workers have seats, with operable seat belts, firmly secured and adequate for the number of workers to be carried - Equipment should have roll-over protection and protection from falling debris hazards as needed - Prior to permitting construction equipment or vehicles onto an access roadway or grade, verify that the roadway or grade is constructed and maintained to safely accommodate the equipment and vehicles involved - Do not modify the equipment's capacity or safety features without the manufacturer's written approval - Where possible, do not allow debris collection work or other operations involving heavy equipment under overhead lines PROTECTING WORKERS FROM VEHICULAR TRAFFIC Key Engineering Controls and Work Practices include: - Develop and use a site plan that provides traffic flow details (see traffic flow diagrams; other Manual on Uniform Traffic Control Devices (MUTCD) model plans are available. - Use flaggers, traffic cones, and/or highway channeling devices to steer traffic away from response and recovery workers along the roadway (see flagger guidance) - Use flaggers, standard road signs (e.g., "work zone ahead"), or message boards to warn approaching vehicles of work area - Give motorists plenty of warning of upcoming work zones; place the first warning signs at a distance calculated as 4 to 8 times (in feet) the speed limit (in MPH)-use a higher multiplier for higher speed areas (e.g., a 15 MPH road should have its first warning sign at least 60 feet from the work zone, while a work zone needed in a 65 MPH zone should have its first sign approximately 520 feet - away) - Ensure that the work zone is well lit, but control glare to avoid temporarily blinding response and recovery workers or passing motorists CLAUSE 13. Commercial Motor Vehicles: All commercial motor vehicles must meet all DOT requirements. The regulations can be found at the following website: www.fmcsa.dot.gov CLAUSE 14. Claim Settlement Authority: For the purpose of settling claims, the successor contracting officer is any contracting officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency. CLAUSE 15. Changes: Changes to Emergency Equipment Rental Agreements (EERA’s), OF294 may only be made by the original signing procurement official. If the original signing procurement official is not available and adjustments are deemed appropriate, a new EERA shall be executed at the incident and shall be applicable only for the duration of that incident. The agreement will include name and location of the incident. CLAUSE 16. Firearm – Weapon Prohibition: The possession of firearms or other dangerous weapon (18 USC 930 (f)(2) are prohibited at all times while on Government Property and during performance of services, under this agreement. The term dangerous weapon does not include a pocket knifes with a blade less than 2 ½ inches in length or a multipurpose tools such as a Leatherman. CLAUSE 17. Work Rest and Length of Assignment: The Contractor is required to follow the work rest guidelines as established by the NWCG. Refer to website for the guidelines: www.nwcg.gov CLAUSE 18. Harassment Free Workplace: Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93-05, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CFR Part 1614)". Regulations can be found at www.gpoaccess.gov