Attachment_2_TERMS_OF_LEASE_SCOPE_OF_WORK.pdf

TERMS OF LEASE

DELIVERY/PICK-UP OF RENTAL BULLDOZER

FORT RILEY, KANSAS

1 Background. The Government has historically utilized bulldozers to shape training lands, spread rip rap and road gravel for land rehabilitation and maintenance projects on Fort Riley, Kansas. These projects consist of repairs for stream crossing, maneuver trails and gullies.

2 General Requirement. The contractor shall furnish and deliver all labor, materials, transportation, supplies, equipment and supervision to satisfactorily deliver 1 each Caterpillar D7E Bulldozer to Training Area 12 or equivalent dozer deem technically acceptable by the customer (see attached map). At the end of rental agreement, pick-up of dozer will be Building 77686 Victory Drive, Fort Riley, Kansas 66442. Requested delivery date and pickup date will be coordinated between the Contracting Officer (CO), Tony Davis, and the Contractor at time of the award.

2.1 Normal Hours. Deliveries/Pick-up shall be made during normal business hours between 8:00 am and 4:00 pm Monday through Fridays, holidays excepted. However, the above hours may be flexible at the discretion of the Contracting Officer due to post closing, inclement weather, non-operational days, and/or security issues.

2.2 Recognized Holidays. The contractor will not be able to delivery or pick up on recognized Federal holidays established by Federal law (5 U.S.C. 6103). A schedule of the recognized holidays is as follows:

New Year’s Day, January 1;

Martin Luther King’s Birthday, the third Monday in January;

Washington’s Birthday, the third Monday in February;

Memorial Day, the last Monday in May;

Independence Day, July 4;

Labor Day, the first Monday in September;

Columbus Day, the second Monday in October;

Veteran’s Day, November 11;

Thanksgiving Day, The fourth Thursday in November; and Christmas Day, December 25.

2.2.1 The Contractor shall not perform any maintenance, deliveries, or pick-ups on any days deem non-operational by the Fort Riley as described in section 2.1. The Government, on request by the Contractor, may provide projected dates if applicable.

2.3 Contractor shall deliver bulldozer to Training Area 12 (see attached map), Fort Riley, Kansas. At the end of rental agreement bulldozer will be picked up at building 77686 Victory Drive, Fort Riley, Kansas 66442. Facility telephone number is 785-239-8733.

3. Technical Requirements. Contractor shall provide fully functional and properly maintained equipment with salient characteristics to include delivery, maintenance and return. Contractor provides mechanic(s) and a point of contact (POC) for service and repair to the COR listed in the PWS and contract award. The Contractor supplied mechanic shall be on site within the next business day of notification by COR and be able to do repairs without support from the Agency (U.S. Army or any of its constituent employees). Repair shall include any and all testing to ensure proper operation of referenced repair. If repair of unit is not possible within 7 business days, then a substitute unit of equal capability must be provided within 10 business days. The 10 day commences from the time the COR notifies the Contractor of malfunction.

4 Government Responsibilities

4.1 Fuel will be provided by the Government for the duration of the contract. The Government is not required to fill the tank of the equipment upon return.

4.2 The Government shall operate the equipment in accordance with the manufacturers’ operating manual.

4.3 The Government will ensure all personnel have an understanding of the safety procedures and manuals and is sole responsible for operating the equipment with all Federal, State, Local Laws, regulations, and ordinances, to include, the regulations of the Occupational Safety and health Administration (OSHA).

4.3.1 The Government will ensure all operators are qualified and trained to operate the equipment.

4.3.2 The Government shall indemnify, defend, and hold fe, its agents, employees, officers, directors, owners, insurers, and their successors and assigns harmless from and against any and all liabilities, obligations, losses, damages, claims, penalties, injuries (both as to body and property), and all costs and expenses thereof (including attorneys’ fees and expenses) in any way relating to or arising out of the equipment, in whatever manner, in connection with any event occurring prior to the proper return of the equipment.

4.4 The Government will be responsible for any repairs caused by misuse of the equipment or damages within the control of the Government such as collisions with other equipment.

4.4.1 The Government will not be responsible for any repairs cause by normal wear or tear of the equipment, acts of nature, or vandalism.

5 Contractor Responsibilities

5.1 Ownership of Equipment, Assignment, and Nature of Transaction: The Contractor retains the title of the Equipment.

5.2 Owners’ Manual: The Contractor shall provide all of the manufacturer’s operation manuals to the Government at time of delivery.

5.3 Service and Maintenance. The Contractor shall provide and maintain leased equipment in accordance with the original manufacturer’s recommendations to ensure operator safety and reliability during use.

5.3.1 All equipment repairs, parts replacement, or defects that occur during normal operating conditions will be at the expense of the Contractor and not cost to the Government.

5.3.2 The Contractor shall provide routine maintenance on site to ensure the equipment is operational in accordance with the Manufacturer intentions.

5.3.2.1 The Contractor shall give the Contractor Officer and Tony Davis a maintenance schedule.

5.3.2.2 All unscheduled maintenance shall be approved by Tony Davis at least 5 business days before arrival on site.

5.3.3 The Contractor shall be responsible for any repairs required if the equipment fails to operate as designed within 24 hours. If the equipment cannot be repaired within 7 business days, the Contractor shall replace the dozer with an equal dozer at no additional cost to the Government in accordance with section 3 of this SOW.

5.3.4 The Contractor shall have the proper equipment and tools. Contractor is required to purchase and have on hand the necessary repair parts, lubricants and any other associated materials to perform common onsite repairs.

5.3.5 The Contractor shall have insurance and/or warranty to cover any damages caused by acts of nature, vandalism, defects, or normal wear or tear repairs or parts replacements.

5.4 Delivery and Pick-Up. The Contractor shall ensure all personnel, while delivery and picking up the equipment, has an understanding of the safety procedures and manuals and is sole responsible for operating the equipment with all Federal, State, Local Laws, regulations, and ordinances, to include, the regulations of the Occupational Safety and health Administration

(OSHA).

5.4.1 The Contractor is responsible for transportation of the bulldozer to and from Fort Riley at the location specified in section 2.3 for the initial drop off and the pick-up upon completion of the contract. Transportation for replacement of equipment and any mechanics for repair is also the responsibility of the Contractor.

5.4.2 The Contractor shall verify the following by email to Mr. Tony Davis at tony.l.davis28.civ@mail.mil and the Contracting Officer. The Contractor may need to present documents at Fort Riley security gate.

a. Bill of Lading clearly bearing shipper and carrier names

b. Identification of company name and identifying numbers present on truck and trailer, and license plate numbers of each

5.5 Installation Access. The Contractor shall have delivery, maintenance and support personnel cleared for access onto Fort Riley. Access information is available on http://www.riley.army.mil/Units/Garrison-Command/Emergency-Services/Access-Information/.

5.6 Fuel. The Contractor shall provide a full tank of fuel at time of delivery.

5.6.1. The Contractor will not bill the Government for refueling at the end of the lease and/or pick up. The Government is not responsible for ensuring a full tank of fuel at the end of lease.