HomeMy WebLinkAboutUSDA Forest Service Okanogan-Wenatchee NF-Gray Water Disposal Agreement for Pipeline FireGENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL AGREEMENT FORM OF -294 (2/2018)
EMERGENCY EQUIPMENT RENTAL AGREEMENT PAGE_1 OF 1
1. Procurement agency: a. name & address
USDA Forest Service
Dkanogan-Wenatchee NF
215 Melody Lane
Wenatchee, WA 98802
b. Phone # 509-664-9200
c. Fax #
I. Contractor: a. name & address
Yakima City Public Works
2301 Fruitvale Blvd
Yakima, WA 98902
Mike Price - Wastewater Manager 509-728-8104
b. DUNS #: 078212651 (Active in SAM)
c. email address: mike.price@yakimawa.gov
rt. Phone # (day: 509-575-6077
Phone # (night):
Cell phone #: 509-249-6815
2. Agreement #: 1205GG19K5505
3. Effective dates of agreement
a. beginning : 7/24/2019
b. ending:
c. x END OF INCIDENT
5. Incident name: Pipeline PNMG86 (1502), 5-26
Incident #: WA -SES -000324
6. Point of hire (location when hired if different than block 4):
Yakima, WA
7. Ordering dispatch center: CWICC
8. The work rate is based on all operating supplies being furnished by:
Contractor (wet)
Government (dry) NA
9. Operator furnished by: N/A
Contractor
Government
10. Item/resource description (include VIN, make, model, year, 11. # of 12. Hourly/daily/mileage/
serial #, accessories or other identifying features): , operators shift basis (single/double)
per shift Rate Unit
Gray water disposal
See
attached
13. Special
Rate Unit
15. Special provisions:
tz) General clauses to the EERA OF -294 are attached hereto and incorporated herein by reference.
b.) The attached General Provisions and Pacific Northwest Supplemental to the OF -294 apply to this agreement.
c.) Wage Determination applicable and attached.
16. Contractor's or authorized agent's signature:
17. Date:
19. Contractin
CITY CONTRACT NO: aMel sr?
fficees signaturte.tESOLUTION NO. N4 _26 -Date:
7/27/2019
Original to payment center; copy in documentation box.
14. Guarantee
18. Print name and title:
21. Print name and title:
Mariah Morris -Titus, Contracting Officer
Phone #: 509-881-7293
Optional Form -294 (REV 1/18) USDA/USDI
Yakima Public Works Gray Water Rates: Yakima Public Works will provide one invoice for the
Pipeline (hauler is W/W Pumping) and a separate invoice for the Left Hand (hauler is Tryways)
Receiving Charge (Yakima Municipal Code 7.600.035 B. (21..
The receiving charge for the water is $25.00 per delivery. Each tanker load is a delivery.
reatment Charges (Yakima Munidpal Code 7.60.035 . (1)
The volume charge is $0.4279 per one hundred cubic feet of water. In more practical terms, this translates to $0.5720 per
one thousand (1,000) gallons of water.
Biochemical Oxygen Demand (BOD) charge is $0.5465 per pound of BOD.
Total Suspended Solids (TSS) charge is $0.5430 per pound of TSS.
The pounds of BOD and TSS are determined by a calculation that uses the delivered volume of the water and the
concentration of BOD and TSS as determined by laboratory testing (below).
Testing Charges (Yakima Municipal Code 7.6OM 5 . (3)/7.60.105(21
BOD testing charge of $54.29 per test
TSS testing charge of $54.29 per test
pH testing charge of $27.14 per test
The testing frequency - whether or not the City tests each tanker load for a particular parameter - is at my discretion. At a
minimum, the first delivery from each fire camp will be tested for BOD, TSS and pH.
CLAUSE 1: GENERAL REQUIREMENTS
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. Resources 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 smoky
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 resource is subjected to under normal operations
and is reflected in the rates paid for the resource. The Contractor shall
provide dependable equipment that meets all applicable state and
federal laws relating to motor vehicles and equipment.
CLAUSE 2: SCOPE
The intent of this Agreement is to obtain resources for use during a
specific local host agency incident. The Contractor is responsible for all
equipment, materials, supplies, transportation, personnel necessary to
meet or exceed the Agreement specifications. The resources may be
used in the protection of lands, to include but not be limited to, fire
suppression and all -hazard incidents. The Incident Commander or
responsible Government Representative is authorized to administer the
technical aspects of this agreement. Unless otherwise designated, the
operator(s) shall be considered the Contractor's Representative.
CLAUSE 3: AGREEMENT PERIOD
Effective Date as annotated on OF -294 until demobilized by the Incident
Command Team (IMT). Agreement is for duration of assigned incident
only and is non-transferrable.
Per IIBMH, an administrative change (FAR 43.101) is defined as a
contract change that does not affect the substantive rights of the parties
(e.g. a change in the payment office, incident #, financial code, etc.).
For the purpose of administration, an incident may include a resource
utilized for complexes, mergers, splits, or lend lease for one unit or IMT
managing multiple incidents. In these circumstances, the resource may
continue performance under the original EERA. If the resource is
needed on an incident outside the responsible area of the incident
management team, a new EERA shall be written.
CLAUSE 4: PRICING
Rates shall include, but are not limited to, labor (as required),
equipment, operating supplies, materials, State and Federal taxes
(including workers compensation costs), insurance coverage,
transportation costs, overhead, and profit, and any costs/fees necessary
to ensure equipment/ operators/crews meet(s) the specified standards.
As required by the agreement, any costs associated with a contractor
provided support truck for fuel, maintenance, and operator
transportation; delivery/setup/takedown, mobilization/demobilization,
power generation, and a Contractors representative attendance at the
operational period briefings should also be included. Rate negotiations
will follow the prevailing incident agency practices.
CLAUSE 5: 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, as annotated on the OF -294.
CLAUSE 6: 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 7: CHANGES
Changes to Emergency Equipment Rental Agreements (EERAs),
OF294 may only be made by the original signing procurement official or
his/her authorized representative. 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 the
point of hire.
CLAUSE 8: ORDERING PROCEDURES
Information provided to the Contractor at time of order:
(1) Resource Order Number.
(2) Incident Order Number and Name of Incident. Dispatch offices
may use a FAX or email to provide a hard copy of the resource
order to the Contractor.
(3) Date and time to report to incident.
(4) Descriptive location of the designated site where the Contractor
shall meet a Government representative. A map, if available.
(5) Incident contact phone number for further information.
(6) Fire Code/Funding Code
Prior to departing for the incident, the Contractor shall provide to
dispatch the complete name of each person dispatched with the
contractor equipment, and the Estimated Time of Departure (ETD) and
Estimated Time of Arrival (ETA) from point of dispatch,
8,1 DEMOBILIZATION:
The Incident Commander will determine the priority of demobilization.
8,2 ORDER CANCELLATION.
Order cancellation/enroute. If the order is cancelled after the resource
order has been confirmed, and the resource is enroute, the resource is
considered mobilized. Payment will be made by the host agency in
accordance with Payment Provisions.
CLAUSE 9: ADMINISTRATIVE REQUIREMENTS
.1 INCIDENT BEHAVIOR
It is extremely important that inappropriate behavior be recognized and
dealt with promptly. Inappropriate behavior is all forms of harassment
including sexual and racial harassment. HARASSMENT IN ANY FORM
WILL NOT BE TOLERATED. Non-prescription and Federally unlawful
drugs and alcohol are not permitted at the incident. Possession or use
of these substances will result in the Contractor being released from the
incident. During off -incident periods, personnel are responsible for
proper conduct and maintenance of fitness for duty. Drug or alcoho
abuse resulting in unfitness for duty will normally result in the Contracto
being released from the incident. Sexual harassment is defined as
unwelcome sexual advances, request for sexual favors, and other
verbal or physical conduct of a sexual nature constitute sexual
harassment when (1) submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's employment,
(2) submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual, or (3)
such conduct has the purpose or effect of unreasonably interlering with
an individual's work performance or creating an intimidating, hostile, or
offensive working environment.
9.2 HARRASSMENT FREE WORKPLACE:
Contractors shall abide by "U.S. Code,Title Vil, CivilRights 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/.
VnFInsxnm—vvs*POmpROmannom:
The possesion of firearms or other dangerous weapons (18 USC 930
(g) (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 knife with a blade less
than 2 1/2 inches in length or a multi-purpose tool such as a
Leatherman
9.4 PERSONNEL REQUIREMENTS:
All Contractor personnel shall comply with Safety Standards,
Contractors shall comply with the Fair Labor Standards Act when
employing persons under 18 years of age (Ref. 29 CFR 570).
Minimum Age for Firefighting Resources. Persons under 18 years
of age shall not perform hazardous or arduous duties during
wildland fire management operations, including execution of
prescribed burns.
ENGLISH SPEAKING REQUIREMENT. Communications
between Contractor crew personnel and Governmenincident
personnel is maridatory for safe and effective performance.
Contractors representative shall be able to proficiently
communicate in English, in the language of the crew, and read
and communicate the Incident Action Plan, Safety Alerts, etc. All
radio communication on Government -assigned frequencies shall
be in English.
9.5 CONDITION OF EQUIPMENT
All equipment furnished under this agreemenshall be in acceptable
condition. The Government reserves the right to conduct inspections at
any time and reject equipment that is not in safe and operable
condition. No payment will be made for time that the equipment was
not available prior to incident use or anytime the resource is under hire.
If the resource does not pass inspection at the incidenor designated
inspection station, it is considered noncompliant. The Contractor may
be given 24 hours or time frame designated by Government
representatives to bring the resource into compliance. If the resource
does not pass inspection, no payment will be made for travel to the
incident or point of inspection or return to the point of hire, or for the
time that the resource was not available.
9.6
All work under this Agreemenshall be performed in a safe manner to a
professional standard. The goal of performance undethis Agreemenis
the suppression of wildland fire and other emergency incident
responses. The lncident Commander may release from an incident
assignment any Contractor employee deemed incompetent, careless, or
otherwise objectionable including violation of Harassment Free
Workplace Policy. It will be Ieft to the discretion of the lncident
Commander to demobilize an entire resource or to allow replacement of
the noncompliant personnel. Documentation of the rationale for release
will be provided to the CO subsequent to the action. Accordingly, the
Contracting Officer may require, in writing, the Contractor remove from
use under this Agreement, any employee found incompetent, careless,
or otherwise objectionable including violation of Harassment Free
Workplace Policy. The Contracting Officer may require other proof of
mitigation. Misconduct may result in cancellation of this Agreement.
If an employee or crew is terminated, quits, or otherwise is released
from the incident for any reason, the Contractor is responsible for
returning the employee(s) to the point of hire with a departure time from
the lncident Command Post (ICP) no later than 12 hours or time
specified by a government official following such decision. The
Contractor may, at their discretion, provide such transportation, or
request the lncident Management Team (IMT) to arrange for the
transportation with all transportation costs deducted from Contractor's
payment. If the Contractor does not act in a timely manner (i.e.,
Contractor's employee(s) not departing from the ICP for return to point
of hire within the specified time period), the IMT has authority to
transport said employee or arrange for employee's transportation and to
deduct all such transportation costs from Contractor's payment.
9.7 VVORK REST & LENGTH OF ASSIGNMENT:
Contractors shall comply with the 2:1 work/rest ratio (for every 2 hours
of work or travel, provide 1 hour of sleep and/or reswithin a 24 hour
period) as outlined in the lnteragency lncident Business Management
Handbook (Work/Rest Guidelines). When working an average of more
than 16 hours, forthe duration ofthe incident, a Contractormay request
to negotiate an equitable adjustment through the Procurement Unit
Leader or Contracting Officer. Shifts exceeding 16 hours shall be
approved by the Incident Commander. Hours worked that exceed 16
hours in a 24-hour period must be approved by the IC or Agency
Administrator. Documentation shall include mitigation measures used to
reduce fatigue.
To mitigate exceeding length of assignment guidelines and manage the
days of rest, the Government has the option to:
(1) Request the Contractor to provide replacem
Replacement personnel are subject to the work/rest and length
of assignment guidelines and must arrive at the incident fully
rested. The Government will not pay transportation cosfor
replacement personnel.
(2) Release resources aftea 14 -day assignmenor follow Iength
of assignment extension guidelines as stated in lnteragency
lncident Business Management Handbook.
(3) With the Governments agreement, the contractor may choose
to have their personnel remain at the incident base camp and
not be placed on shift to allow proper rest. The time is not
compensable when the Contractor is off shift in compliance
with the length of assignment provisions.
98 EMERGENCY INCIDENT DRIVING:
The Contractor shall follow the driving regulations and work/rest
guidelines listed in the Interagency Incident Business Management
Handbook (IIBMH). The Contractor is responsible for complying with all
other current Federal, State and Local driving regulations. No driver will
drive more than 10 hours (behind the wheel/actual driving time) within
any duty- day (operational period). Multiple drivers in a single vehicle
may drive up to the duty -day limitation provided no driver exceeds the
individual driving time (behind the wheel/actual driving time) limitation of
10 hours. A driver shall drive only if they have had at least 8
consecutive hours off duty before beginning a shift. An exception to the
minimum off-duty hour requirement is allowed when essential to:
(1) Accomplish immediate and critical suppression objectives, or
(2) Address immediate and critical firefighter/responder or public
safety issues.
As stated in the current agency work/rest policy, documentation of
mitigation measures used to reduce fatigue is required for personnel
who exceed 16 hour work shifts. This is required regardless of whether
the driver was still compliant with the 10 hour individual (behind the
wheel) driving time limitations.
CLAUSE 10: GOVERNMENT FURNISHED SUPPLIES & SERVICES
10.1 LAUNDRY SERVICE:
If the Government provides a laundry service at the incident base
camp, the Contractor may utilize the service at no cost.
10.2 CAMPSITE:
A campsite may be provided. The Contractor shall provide
sleeping equipment such as tents or shelters, sleeping bags, etc. If
the Government cannot provide a campsite, an overnight
allowance may be authorized. (See Remain Overnight Allowance
(RON)).
10.3 COMMISSARY:
When authorized in writing by the Contractor, the Contractor's
employees shall be permitted to use the commissary when one is
available.
10.4 FIRST AID RESPONSIBILITY:
The contractor is financially responsible for employee medical
expenses and coverage. The Government may provide first aid at
the incident at no charge to the contractor. Any other medical
expenses incurred will be the responsibility of the contractor. If
contractor personnel become ill or are
injured and incident transportation is not available, the Government
may evacuate or transport the injured/ill person(s) to a medical
facility/hospital utilizing a commercial source (e.g. ambulance or air
transport such as Life flight). Commercial transport costs will be
the responsibility of the Contractor
10.6 REMAIN OVERNIGHT ALLOWANCE (RON),
Contractors under this agreement are not paid per diem or lodging
expenses to and from incidents.
When the Government cannot provide a campsite after the first
shift worked, the Government will pay actual lodging expenses or
the per diem locality rate published by the U.S. General Services
Administration (GSA) web site (www.gsa.gov), whichever is less.
Double occupancy of hotel rooms is required. Any associated
lodging taxes are reimbursable as documented. Lodging receipts,
as well as documentation by incident personnel that a campsite
was not provided, shall be submitted as supporting documentation
with payment documents.
- Reimbursement for meals and incidental expenses (M&IE) is
based on per diem locality rates minus any Government -
provided meals, -The maximum allowable rates are referenced
at www.gsa.gov.
- If the resource is allowed to return to its home unit location
during off -shift time, RON allowance is not authorized.
- The maximum RON that shall be allowed is based on the
number of operators or crewmembers shown on the shift ticket.
Payment shall be included as an addition on the invoice.
10.6 FOOD & DRINK:
Contractors are required to provide sufficient food & drink to
support their employee(s) while in travel status and the first shift of
the incident. This is not reimbursed by the Government.
- After that time, when Government subsistence at incident
camps are available, meals for Contractor's operator(s) will be
furnished without charge. Government will furnish meals
without cost if restaurant subsistence is the approved camp for
incident personnel.
- The Government, during demobilization and/or reassignment,
may provide sack lunches to the Contractor personnel without
charging the Contractor.
10.7 FUEL:
If procuring fuel at the incident site, the contractor shall do so with
a major credit card (Visa or MasterCard).
10.8 REPAIRS:
Repairs 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 resource operating. The cost of such repairs
will be determined by the Government and will be deducted from
payment to the contractor.
CLAUSE 11: CONTRACTOR FURNISHED EQUIPMENT, SUPPLIES,
AND PERSONNEL
Equipment specific requirements, if applicable, will be attached
and are considered incorporated in this agreement.
11.1 OPERATING SUPPLIES:
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.
11.2 VEHICLE LICENSING REQUIREMENTS:
- Licensed Units. All Units offered and used under this Agreement
shall be licensed and legally operable on all roads. All Units with
a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds and
greater shall have: a) annual USDOT certified vehicle inspection;
or b) Commercial Vehicle Safety Alliance Inspection. (49 CFR
396.23)
- Federal regulations prohibit the use of official agency shields or
markings on private vehicles or property.
11.3 TRANSPORTATION VEHICLES:
All transportation vehicles shall be in sound mechanical condition
with sufficient horsepower and mainframe configurations to ensure
successful performance on roads and highways, or in terrain
described in these specifications. All vehicles under this
Agreement shall be able to be legally driven on highways under
their own power and be able to travel at a minimum of 50 miles an
hour.
11.4 MEDICAL INSURANCE:
Contractor shall provide the operator(s) with an adequate supply of
appropriate insurance forms, insurance ID card(s), and other
necessary documents. Such documents shall accompany the
injured/ill person(s) when the medical need arises. Per FAR
52.247-21 Contractor Liability for Personal Injury And/Or Property
Damage (APR 1984).
11r_VEHICLE CLEANING FOR NOXIOUS WEEDCONTROL:
The resource shall arrive at the incident or designated inspection
point washed and free of noxious weed seeds. Equipment with
frames and cross -members will be inspected and all debris
collecting areas including belly pans, guards and coverings must
be washed to alleviate the spread of noxious weed seeds and to
protect against grease and oil soaked residues catching on fire in
belly pans and skid plates. Heavy equipment operators shall
manually clean tracks and belly pans before leaving project site on
all heavy equipment.
CLAUSE 12: PAYMENTS
The host agency for each incident is responsible for payments.
12.1 TIME UNDER HIRE:
The time under hire shall start at the time the resource 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 exceptions.
12.2 RATES OF PAYMENTS:
Payment will be at rates specified and shall be in accordance with the
following:
- On -Shift includes time worked, time that resource is held or directed to
be in a state of readiness, and compensable travel (resource traveling
under its own power) that has a specific start and ending time.
- The vendor will be paid for travel to and from the incident from the
Equipment City and State they designated on the OF -294. Vendor
must meet date and time needed.
- 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 the EXCEPTIONS portion of this document,
shall be in accordance with the following:
- Work Rates (column 13) (hourly/daily/mileage/shift basis)
shall apply when equipment is under hire as ordered by the
Government and on shift, including relocation of equipment
under its own power.
- Special Rates (column 14) shall apply when specified.
- Guarantee, For each calendar day that equipment is under
hire for at least 8 hours, the Government will pay not less
than the amount shown in column 15.
- If equipment is under hire for less than 8 hours during a
calendar day, the amount earned for that day will be not less
than one-half the amount specified in column 15.
- The guarantee is not applicable to equipment hired under
the Daily rate.
- If equipment is transported under its own power, it is
compensated under the Daily rate.
- Daily Rate (column 13) - Payment will be made on basis of
calendar days (0001 — 2400). For fractional days at the
beginning and ending of time under hire, payment will be
based on 50 percent of the Daily Rate for periods less than
8 hours.: Under the daily rate equipment may be staffed with
or without operator.
- Shift Basis (Portion of calendar day)
- Single Shift - (SS) is staffed with one operator or one
crew
Double Shift - (DS) is staffed with two operators or two
crews (one per shift). The DS rate will apply any
calendar day the DS was under hire, including travel.
There will be no compensation for a double shift unless
a separate operator(s) and or crew(s) is/are ordered in
writing for the second shift.
- Agency personnel at the Section Chief Level may, by
resource order, authorize a second operator or crew
(Double Shift), if needed during the assignment,
12.3 METHOD OF PAYMENT:
Lump -sum payment will normally be processed at the end of the
emergency assignment, However, partial payment may be authorized
as approved by the incident agency. Payment for each calendar day will
be made for (1) actual units ordered and performed under Work or
Daily, shift basis and/or Special rates or (2) the guarantee (if applicable)
earned, whichever is the greater amount.
12.4 EXCEPTIONS:
- No further payment will accrue during any period that resource under
hire is not in a safe or operable condition or it is not available for the
assigned shift or portions of the assigned shift. Payment will be based
on the hours the resource was operational during the assigned shift,
as documented on the shift ticket versus the designated shift, as
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.
- If the Contractor withdraws resources prior to being released by the
Government, no further payment shall accrue and the Contractor shall
bear all costs of returning resources to the point of hire.
- After inspection and acceptance for use, resources that become
inoperable and cannot be repaired at the site of work by the Contractor
or by the Government within 24 hours, may be considered as being
withdrawn by the Contractor in accordance with above guidance with
the exception that the Government shall pay return travel The
Government shall calculate travel based on a normal release of
resource. The Contractor shall bear any additional cost returning
resource and/or operator(s) to the point of hire.
No payment will accrue when the contractor is off shift in compliance
with the mandatory Work/Rest and Length of Assignment provisions.
12.5 DEDUCTIONS:
Unless specifically stated elsewhere in this agreement the cost of any
supplies, materials, or services, including commissary, provided for the
Contractor by the Government will be deducted from the payment to the
Contractor.
CLAUSE 13: INVOICING PROCESS
The Contractor shall have one copy of the complete Agreement for the
assigned incident.
After each operational period worked, time will be verified and
approved by the Government Agent responsible for ordering and/or
directing use the resource. Time will be recorded to the nearest
quarter hour worked. The Government will verify the Contractors time
on an Emergency Equipment Shift Ticket (OF -297). The Government
and the Contractor representatives will sign the OF -297 verifying the
hours worked daily. Each operators name shall be listed on the shift
ticket.
The incident will submit a payment package including original invoices,
a copy of the OF -294, a copy of resource order (if required for
payment), supporting documentation per the Interagency Incident
Business Management Handbook (i.e., repair orders, commissary
issues, findings and determinations for claims, and any other
documents supporting additions or deductions to the payment), and
transmittal sheet to the designated payment office. See Payment
Office Information for invoice payment contact information.
CLAUSE 14: ACCOUNTABLE, DURABLE, AND CONSUMABLE
GOODS
The Government considers operators as fire line personnel who will use
and wear specified articles of personal protective equipment. The
following mandatory items (fire line personnel only) may be issued by
the Government, when not required to be furnished by the Contractor,
to operators performing within the scope of this agreement:
1. Clothing: (a) Flame resistant pants and shirts; (b) Gloves (Either
Nomex or chrome tanned leather; (c) Hard hat; (d) Goggles or
safety glasses.
2. Equipment: (a) Fire shelter; (b) Headlamp;
3. Other items may be issued by the Government.
4. Operators shall wear the items of clothing issued and maintain
the issued equipment in a usable and readily available condition.
Upon completion of the contract assignment, all issued items of
clothing or equipment shall be returned to the Government.
Deductions will be made for all Government furnished protective
clothing and equipment not returned by the Contractor.
5. Contractor will be charged for Consumable Goods supplied by
the Government and used by the resource while Under Hire. The
cost of all Consumable Goods, with the exception of those
specifically listed below, shall be deducted from payment to the
Contractor. At the Government's discretion, the Government may
provide the following incidental consumable goods at no cost, if
available: one -quart plastic canteens, plastic sheeting,
replacement radio batteries and replacement headlamp batteries,
as required while under hire.
CLAUSE 15: LOSS, DAMAGE, OR DESTRUCTION
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.
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 16: ASSIGNMENT OF CLAIMS
Assignment of claims is not authorized.
CLAUSE 17: 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.
NOTE: THE APPLICABLE FEDERAL ACQUISITION REGULATION
CLAUSES AND TERMS AND CONDITIONS WILL BE
INCORPORTATED AS AN ATTACHMENT AND WILL BE A PART OF
THIS AGREEMENT.
PAYMENT OFFICE INFORMATION
FOREST SERVICE
Albuquerque Service Center — B&F Incident Finance
101 B Sun Avenue NE Albuquerque, NM 87109
1-877-372-7248
BUREAU OF LAND MANAGEMENT
National Operations Center PO Box 25047, Bldg. 50
Denver Federal Center Denver, CO 80225-0047
Mail Stop OC -620 303-236-7117
NATIONAL PARK SERVICE
National Park Service
Accounting Operations Center (AOC)
PO Box 100000
Herndon, VA 20171
703-487-9453
NPS FedEx Address:
National Park Service
13461 Sunrise Valley Drive
Herndon, VA 20171
BUREAU OF INDIAN AFFAIRS
Bureau of Indian Affairs Reston Financial Services Attn: EERA
Payments
12220 Sunrise Valley Drive Reston, VA 20191
703-390-6446 (primary), 703-390-6336 (secondary)
FISH & WILDLIFE SERVICE
NIFC — US Fish and Wildlife Service Branch of Fire Management
3833 S. Development Avenue Boise, ID 83705
208-387-5536
(End of Clauses)
PACIFIC NORTHWEST SUPPLEMENTAL TERMS AND CONDITIONS TO EMERGENCY
EQUIPMENT RENTAL AGREEMENT (EERA)
In addition to the General Provisions to Emergency Equipment Rental Agreements (EERA) Form OF -294, the following
supplemental provisions shall apply to the administration and enforcement of EERAs for Federal Agencies in Region 6.
Penalty for making false statements to the Government is described in 18 U.S.C. 1001.
By siingtheagreennentthecontractoracknow|edgestheedverseconditionsthatequipmentwiUbeoperatedinduhng
fire support and suppression activities that are reflected in the awarded rates.
Warranted procurement personnel in Oregon and Washington are authorized to place orders under this agreement.
FUEL
If procuring fuel at the incident sitethe contractor shall do 50 with a major credit card (Visa or MasterCard).
HEAVY EQUIPMENT/TRANSPORTS
Heavy Equipment that has one operator for the transport and the Heavy Equipment will be paid at 65% of the rate
for the transport minimum daily guarantee.
SERVICE VEHICLES
The rate of pay shown for heavy equipment includes service vehicles. No additional payment will be made for a
service vehicle (or operator) that accompanies the heavy equipment to the incident.
P1LOT/FL&GVBRICLBW
If apilot/flag vehicle(s) is/are required by Iaw during transportation of heavy equipment, no additional payment will
be made for this vehicle or operator.
POTABLE WATER
Contractor shall meet the current National Interagency Fire Center potable water standards as described in the
National Potable Water Truck Solicitation.
FUEL AND FUEL TRUCKS
methods of payment may be used at vendor's discretion.
(b) Should circumstance preclude the vendor from using the credit card system the following shall apply:
Fuel dispensed shall be documented on fuel and oil issue logs or fuel and oil issue tickets (form OF -304) and
turned into the incident finance section for payment. Fuel shall be billed to the administrative office for
payment as per the emergency equipment use invoice (block 9).
(c) No payment will be made for refueling trucks (either bringing fuel to the dispensing truck or driving the truck to
the bulk plant) or spill containment requirements.
(d) Fuel trucks shall have multi -fueling capability with two separate nozzles, one for gas and one for diesel.
(e) Fuel prices will be established at the current local commercial rate.
(f) All federal and state requirements shall be met when dealing with hazardous materials.
FIRST AID/EMERGENCY EVACUATION ACCIDENTS
The Contractor is financially responsible for medical coverage of employee accidents and illness. The Government
will provide first aid to employees when needs arise due to work on the incident. In life threatening situations, first
aid will be given and further medical aid will be charged back to the Contractor. If contractor personnel are injured
on the fire line, the Government, at Contractor expense, may evacuate the injured person(s). If Contractor
personnel become ill or are injured and require transport to a medical facility/hospital, the costs may be at the
Contractors expense.
GREY WATER DISPOSAL
Upon approval and documentation, in writing, of a disposal of grey water disposal process by the Contracting
Officer, the Government may reimburse the Contractor or the disposal facility for the costs associated with the
disposal of grey water in accordance with the documented grey water disposal agreement. If costs are associated
with the disposal process the Contractor shall provide an invoice verifying the date, time, and amount of grey water
disposed of.
SEVERITY
(a) Severity Activity pay will be 75% of the Daily Rate
(b) Length of shifts under Severity Activity will normally be 10 hours or Tess, including travel and excluding lunch
break. The intent of this assignment is to have the equipment and operator on location and prepared for
suppression activities. Shifts exceeding 10 hours will be paid at the daily Rate.
(c) Specific funding is provided for Severity Activities. This 15 a condition which the Government has concluded a
severe threat of wildland fire exists and Government at the Regional Forester level (or equivalent level for other
PNWCG agencies) has determined that it is necessary to preposition resources because of imminent danger of
fire.
EQUIPMENT RENTED BY THE DAY, WEEK, AND MONTH
Payment will be made at the rate (daily, weekly, monthly) that is the most advantageous to the
Government. For payment purposes, the payment computation will start over after each 7 day period and after the
30th day for any period oftime under hire.
SHOP (SERVJCE) TRUCKIMECHANIC WITH TOOLS BILLING RATE
Hourly rate for billing purposes for work completed on vendor related equipment is $90.00 per hour plus parts.
INCIDENT DRIVING LIMITATIONS
In conjunctionvvkbtbebnukjcotdrhingUuzdudoom specified in Chapter \Oofthe Interagency Incident Management
Handbook:
No driver will drive more than 10 hours (behind the wheel) within any duty -day.
b. Multiple drivers in a single vehicle may drive up to the limitation no driver exceeds the
individual driving (behind the wheel) time limitation of 10 hours.
c. A driver shall drive only ifthey have had at least8 consecutive hours off duty before beginnia shift
An exception to the minimum off-duty hour requirement is allowed when essential to: i
accomplish immediate and critical suppression objectives, or ii. address immediate and
critica! firefighter or public safety issues.
d. As stated in the current agency work/restnoliun documentation of mitigation measures used to reduce fatigue is
required for drivers who exceed 16 hour work shifts. This is required regardless of whether the driver was still