Amendment_No_0001_-_Sol_140L1222R0005_0001.pdf

2022 Pinto Mountain AML Remediation Project 2

California Desert District

Statement of Work Amendment

Q: Will BLM be adding the two additional features on the job walk?

A: During the pre-bid job walk two additional mine features were discovered within several hundred yards of a mine planned for remediation. The two additional features have been added in the SOW Task Item List as items 17 and 18 (bold/italics).

Q: Will we use the existing price schedule

A: NO. A new one will be posted with the Amendment 0001

Job Walk Attendance

Trent A. Martinez

The 5 Seventeen Company

P.O. Box 941

Kamas, UT 84036

Cell Phone: 435-640-0671

Office Phone: 435-783-0517

Jerry Fant /for/

Grant Dawson, PE

President

Phone: 509.430.6752

Fax: 509.723.4343

E-mail: grant.dawson@hurricane-industries.com

Dennis John /for/

Ed Winchester

President

Frontier Environmental Solutions, Inc.

www.frontier-environmental.com

760-608-1869 mailto:grant.dawson@hurricane-industries.com

CONTINUATION OF

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 PRICE SCHEDULES

(a) The contractor shall, except as otherwise noted, provide all necessary labor, equipment, materials, supplies, transportation, travel, and per diem necessary to perform the work specified in the attached Performance

Work Statement.

(b) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(c) Offers are subject to the terms and conditions of this solicitation.

(d) Definitions: CLIN – Contract Line-Item Number.

CLIN Description of Work Quantity Unit Unit Cost

1 Shaft - Raised Air Grate LS 1 $

2 Shaft - Raised Air Grate LS 1 $

3 Adit - Bat Gate LS 1 $

4 Shaft - Raised Air Grate LS 1 $

5 Shaft - Raised Air Grate LS 1 $

6 Shaft - Raised Air Grate LS 1 $

7 Shaft - Raised Air Grate LS 1 $

8 Shaft - Raised Air Grate LS 1 $

9 Shaft - Raised Air Grate LS 1 $

10 Trench - Air Grate LS 1 $

11 Shaft - Raised Air Grate LS 1 $

12 Shaft - Raised Air Grate LS 1 $

13 Shaft - Raised Air Grate LS 1 $

14 Shaft - Raised Air Grate LS 1 $

15 Adit - Bat Gate LS 1 $

16 Shaft - Raised Air Grate LS 1 $

TOTAL FOR SCHEDULE $_________________

(END OF SECTION)

SECTION A -- GENERAL STATEMENT OF WORK

Abandoned Mine Lands (AML) workings pose potential physical safety hazards to the public and our employees. There is a need to remediate these hazards to protect the public from dangerous abandoned mine workings (referred to as “features”).

SUMMARY

The BLM is soliciting proposals from businesses with abandoned mine land remediation experience. Specifically, we are looking for contractors who provide design, fabrication and installation of remediation of physical safety hazards associated with the abandoned mines which includes working underground. The project is located in Riverside County within jurisdiction of the Bureau of Land Management’s (BLM) Barstow Field Office. The project area of mine sites which are being addressed with this contract are shown in the project map below which are Southeast of the town of 29 Palms, CA. in the Pinto Mountains; Perris, CA near Steel Peak; and, near Obrigon, CA in the Cargo Mountains.

TASK ITEM LIST FOR THIS CONTRACT

Feature # Opening and Remedy Coordinates

1 shaft - Raised Air Grate 34.01827, -115.70964

2 shaft - Raised Air Grate 34.01839, -115.70982

3 adit - Bat Gate 34.01810, -115.71000

4 shaft - Raised Air Grate 34.00345, -115.70582

5 shaft - Raised Air Grate 34.00298, -115.69929

6 shaft - Raised Air Grate 33.99923, -115.69752

7 shaft - Raised Air Grate 33.99987, -115.69586

8 shaft - Raised Air Grate 34.00035, -115.69598

9 shaft - Raised Air Grate 33.99592, -115.70558

10 trench - Air Grate 33.99827, -115.70758

11 shaft - Raised Air Grate 33.99804, -115.70752

12 shaft - Raised Air Grate 34.00221, -115.71803

13 shaft - Raised Air Grate 34.00131, -115.71780

14 shaft - Raised Air Grate 34.928166, -116.935070

15 adit - Bat Gate 33.754759, -117.298338

16 shaft - Raised Air Grate 32.825596, -114.776629

17 shaft - Raised Air Grate 33.99716, -115.69736

18 Backfill 33.99690, -115.69900

The work to be performed is within the BLM’s California Desert District (CDD), Barstow, Palm Springs, and El Centro Resource Areas.

There are biological restrictions for the work, i.e., desert tortoise protection measures.

Contractors not having participated in the desert tortoise awareness training will have to do so. All work shall be completed outside of the active tortoise season which typically spans from April 15 through September 30 of each year.

The Period of Performance (PoP) will be from January 17, 2023 through April 14, 2023 87 calendar days.

SECTION B – DEFINITIONS AND ACRONYMS

DEFINITIONS AND ACRONYMS

B 1.1 Definitions.

Terms:

Collar – The surface opening to a pit.

Collar set – The timber, rock, steel or cement stabilizer of a pit collar.

Dump – Waste rock removed by mining and deposited on the surface.

Hazardous Materials are a substances or materials that the Secretary of Transportation has determined are capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, and materials designated as hazardous (see 49 CFR 172.101).

Highwalls and Open Pits Highwalls can be unstable at the top and the bottom and are prone to collapse. When approached from the top, the vertical edge of a highwall may not be seen in time or may crumble, leading to a fatal fall.

Pillar – Usually a column of ore or coal left to support the back or roof or to support the hanging wall.

Portal – The surface opening of a pit or tunnel.

Polyurethane Foam. Polyurethane foam or “PUF” is a commercially available product consisting of a two-part chemical system that is used to block openings.

Subtle Hazards – More subtle hazards associated with the site include encounters with wild animals (e.g., rattlesnakes); exposure to bat droppings, hantavirus, and dust. These hazards deserve special mention; sites containing bees should be dealt with cautiously or in cold weather.

Unstable Rock and Decayed Support include once solid beams and frameworks that may have been decaying for an unknown period of time. In many cases, there may be no support beams at all and the fractured roof or walls of a tunnel or highwall which can eventually collapse in response to vibrations and/or the force of gravity.

B 1.2 Acronyms.

ACRONYM Definition

ACI American Concrete Institute

ASTM American Society for Testing and Materials

ATV All-Terrain Vehicle

AWS American Welding Society

BAE Biological Assessment and Evaluation

BMP Best Management Practice

CDD California Desert District

CMP Corrugated Metal Pipe

CO Contracting Officer

COR Contracting Officers Representative

FAR Federal Acquisition Regulations

HASP Health and Safety Plan

HAZMAT Hazardous Materials

HDPE High Density Polyethylene

MSDS Material Safety Data Sheet

MSHA Mine Safety and Health Administration Occupational Safety and Health

OSHA Administration

PI Project Inspector

PUF Polyurethane Foam

QA Quality Assurance

QCI Quality Control Inspector

QCP Quality Control Program

SOW Statement of Work

B 1.3 CONTRACTOR

The Contractor shall furnish all personnel, facilities, equipment, materials, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government), and otherwise do all things necessary for, or incident to, the satisfactory performance of this contract. Under this contract, the Contractor shall provide the items of work required to remediate physical safety hazards associated with the project.

Nothing in this contract calls for work associated with the removal of hazardous materials (as defined by 49 CFR 105.5 (b)), or reclamation of lands which fall under the authority of the Comprehensive Response Compensation Liabilities Act (CERCLA) or the Resource Conservation and Recovery Act.

SECTION C -- REQUIREMENTS AND SPECIFICATIONS

C 1.0 Road Access.

The Contractor may access the project areas from roads indicated on the project maps.

BLM will help identify access into each site. Contractors shall note that road conditions may be poorly maintained and should be reviewed for equipment access prior to attempted delivery to a project site.

C 1.1 Site Access.

The Contractor shall transport equipment, supplies and personnel from existing trails and/or roads to the features. Access into work areas may be limited in some cases. All trail or road improvements shall obtain COR approval prior to construction.

C 1.2 Polyurethane Foam (PUF) A PUF closure consists of installing a bottom form, then installing PUF to specifications and backfilling over the PUF to the specified level with common fill (2-feet or more unless otherwise specified). In some instances, a cast-in-place concrete slab, rock armoring, or construction of a rock wall may be used to prevent vandalism.

Reclamation of disturbed areas may also be specified by the COR.

C 1.2.1 Materials PUF is designed for molding and void filling applications. Co-blown (245FA solvent and water) foams shall have a minimum core density of 2 pounds per cubic foot, closed cell content greater than ninety percent, compressive strength greater than twenty-five pounds per square inch, and a minimum installed density of 1.85 pounds per cubic foot. Water (100%) blown foams shall have a minimum core density of 2.5 pounds per cubic foot, closed cell content greater than ninety percent, compressive strength greater than twenty-eight pounds per square inch, and a minimum installed density of 2.0 pounds per cubic foot. Either system is ideally 1:1 by volume however pre-metered bags could use an off-ratio system.

Exothermic reaction rates shall be low for both systems.

C 1.2.2 PUF Safety, Handling and Transport Materials shall be stored per the manufacturer’s specifications. The Contractor shall be responsible for any lost or damaged equipment. In addition, damages or claims arising from PUF overspray shall be the responsibility of the Contractor.

C 1.2.3 Backing and Bottom Forms A trench plug backing, or a shaft plugs bottom form and cross members shall consist of any commonly available building materials capable of sustaining an initial lift of 16 inches of PUF. Any combination materials listed in the material table will be acceptable. Alternate materials will be acceptable upon approval by the COR.

When a form is used to support the initial layers of foam, the bottom form and cross members may consist of any commonly available, non-toxic building materials capable of sustaining an initial lift of 16 inches of PUF. Acceptable cross member materials include, but are not limited to, reinforcing steel, 2x4's, dowels, cardboard tubes, and fabric air-inflated plugs. Acceptable bottom form materials include, but are not limited to, plywood, cardboard, paneling, and carpeting. Any combination of the above materials will be acceptable. Alternate bottom forms shall be reviewed with the COR prior to use. The formwork shall be installed at the depth in accordance with the manufacturer’s formula. The depth shall be approved by the COR prior to any formwork.

All forms shall be completed prior to the application of any PUF. The Contractor shall provide the COR with the installed depth to bottom forms for PUF closures.

Any breach in the form caused by rock fall or other reason shall be repaired prior to the application of PUF. The Contractor shall be responsible for the integrity of the form and the loss of any polyurethane should it fail.

C 1.3 Portal closures with Wildlife-friendly Gates, raised air-grates and Cupolas This work will consist of fabricating and installing a special gate consisting of steel bars with an inset series of gaps to allow for bat ingress and egress while excluding public access.

When work is being performed on shafts or adits with winzes (internal vertical shafts) workers must wear personal protective fall protection equipment including: a harness system and necessary attachments that meet OSHA fall protection requirements.

C 1.4.1 Materials Gates shall at a minimum consist of:

• 4-inch x 3/8-inch steel angle iron for horizontal bars

• 6-inch x 3/8-inch steel angle iron for horizontal bar hangers

• 4-inch by 3/8-inch steel square tubing for gate columns

• 4-inch by 1/4-inch flat bar for bracing

• Rebar metric Size 25 or Standard #8

• structural steel channel iron, 6-inch by 10.5 pound per foot (lb/ft)

• be constructed of structural steel that conforms to the requirements of ASTM A-36 (all-purpose steel) or ASTM A276 (stainless steel); or better.

Structural “I” Beam

• be constructed of structural steel that conforms to the requirements of ASTM A36 / A572 Gr. 50, the standard specification for steel structural shapes for use in general construction.

C 1.4.2 Cupola and/or raised air-grate Installation:

The Contractor is responsible for site inspections and any testing or exploration necessary to ensure that the bid adequately reflects excavation conditions including any hand trimming and leveling required.

The work site shall be cleared and grubbed of vegetation, debris, loose rocks and other items which interfere with construction except items designated by the COR/PI. All trash and debris shall be disposed of at an approved disposal site.

Installation:

The Contractor is responsible for site inspections and any testing or exploration necessary to ensure that the bid adequately reflects excavation conditions including any hand trimming and leveling required.

The work site shall be cleared and grubbed of vegetation, debris, loose rocks and other items which interfere with construction except items designated by the COR/PI. All trash and debris shall be disposed of at an approved disposal site.

The location for a cupola (typically 4-sided and 2 horizontal bars tall) or raised air-grate (typically 4-sided and 1 horizontal bar raised 5 ¾ inches above this sill plate) shall be constructed on the perimeter of the pit opening and attached to a concrete foundation (can also be referred to as a cast-in-place collar). A minimum of two concrete anchors shall be used per each side of the foundation.

Two #4 rebars will be added to reinforce the entire run of the foundation. The depth and thickness of the concrete foundation shall be poured to a thickness of no less than 10-inches with at least 6-inches below the surface; exceptions may be made with prior COR approval. This will help prevent water from flowing under the foundation. The concrete may be mixed at the work site or delivered as ready mix at the Contractors option. If the concrete is mixed on site, equipment and mixing procedures shall conform to ACI 301. If ready mix is used it shall be mixed and transported in accordance with ASTM C-94. The concrete mix shall be designed to produce a minimum 3000 psi concrete at the 28-day test. If hot weather concreting is done it shall conform to the requirements of ACI-305. If cold weather concreting is done it shall conform to the requirements of ACI-306.

The rate of depositing concrete in forms shall be controlled to prevent deflection of the form panels.

A sill plate consisting of 4-inch flat iron spanning the length and width of the foundation with pre-cut holes shall be placed on top of the concrete anchors and welded in place. This flat iron serves as the sill plate in preparation for the cupola attachment. The columns are made of 4-inch square steel tubing is welded to the sill plate. Intermediate uprights that are not at the corners of the cupola can be made of angle iron. Horizontal bars, evenly spaced with gaps at 5¾" intervals extending the same length as the sill plate, are welded in place on Contractor-made hangers of each column.

The Contractor will be responsible for determining where the columns and intermediate columns will be placed and welded on top of the sill plate, and for structure roof support. The roof of cupola’s or raised air-grate shall be capable of holding a point load of 4,000 pounds at the center of the roof. Where possible, support columns should be placed perpendicular to level, no closer than 48 inches apart while maximum spacing should not be more than 120 inches. A lockable swinging gate made of the same materials will be placed at the pit entrance for access.

To finish the roof, structural iron spanning the two longest sides of the cupola and support beams are cut to length, mounted flush to the tops of the columns, and welded along each seam of the upright columns. Welded beads should be no shorter than 2 inches in length. Face plates are either 4 or 6-inch flat irons welded to the ends of the beams or channels to provide the finished look and ties the roof structure together. The cap plates are welded on top of the ends of the beams, perpendicular to the face plates. Cap plates can be either 4-inch or 6-inch flat iron depending on the dimensions of the top of the cupola and the efficiency of materials. Three pound (3 lb.) expanded metal cut-to-fit is then placed on top of the cupola and welded in place. Please grind or smooth all exposed sharp edges to prevent cuts.

SECTION D--SPECIAL CONTRACT REQUIREMENTS

D 1.0 Work Hours

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between sunrise to 30 minutes before sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the COR.

D 2.0 Environmental Interruption of Work

The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order, which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The number of days in contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

D 3.0 Key Personnel

The Contractor shall assign to this contract a person or persons identified in their technical proposal that shall be the Contractor Representative, Superintendent/ Foreman, and are responsible for quality control.

The Contractor shall be responsible for providing and maintaining a safe working environment in accordance with all applicable Department of Labor, national consensus standards (including supplements) and the Hearing Conservation Program. Before beginning work at the site the Contractor shall be responsible for thoroughly investigating surface and underground site conditions where workers may encounter health and safety hazards, and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries.

D 3.0.1 Contractor Representative

The Contractor Representative shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract.

D 3.0.2 Superintendent/Foreman

The Contractor shall designate a superintendent/foreman for work performed under this contract.

D 3.0.3 Availability of Key Personnel

Either the Contractor or Contractor Representative shall be available, during normal business hours, in order to meet on the project area with Government CO and/or the COR to discuss potential problem areas.

D 4.0 Fire Prevention

D 4.1 Fire Restrictions

The Contractor shall comply with Federal Fire Prevention Regulations and State of California Special Fire Orders applicable to the area. Depending on weather conditions, the Contractor shall be restricted from performing certain operations such as welding or cutting. A copy of these fire restrictions may be obtained upon request at the local BLM Office.

D 4.2 Contractor-Caused Fires

The Contractor, whether or not directed by the BLM, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

D 4.3 Other Fires

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Fire Control Officer shall place his employees and equipment temporarily at the disposal of the BLM. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the BLM in the area concerned.

D 4.3.1 Employee Release

Any employees and equipment furnished will be relieved from fire-fighting as soon as the BLM finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

D 4.4 Spark Arresters

Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the BLM. Exceptions where the BLM may approve mufflers or other equipment in lieu of spark arresters qualified are: (a) small multi-position engines, such as chainsaws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

D 4.5 Power saws

For each power saw used in connection with this contract, the following will be provided: Any fueling or refueling of a power saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire;

power saw shall be moved at least 10 feet from place of fueling before starting.

D 4.6 Smoking

Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

D 4.7 Storage of Fuel and Flammable Products

Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet.

Fire extinguishers and/or sand barrels may be required at such locations specified by the BLM when unusually hazardous conditions exist.

D 4.8 Welding

Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with hand pump attached shall be immediately available for use in the event of a fire start.

D 5.0 Preservation of Pre-Historic, Historic and Archeological Data

Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal project.

The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will stop work and notify the COR immediately by phone.

D 6.0 Drawings

Drawings which appear in this package may are to be used by the contractor when developing a final product. Accordingly, measurements and dimensions should also be provided by the contractor.

D 7.0 Conferences and Meetings

D 7.1 Pre-work Conference

Prior to commencement of work, the Contractor shall attend a pre-work conference call to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

D 7.2 Performance Evaluation Meetings

The CO may require the contract manager to meet with the CO, COR and other Government personnel as deemed necessary. The Contractor may request a meeting with the CO when the Contractor believes such a meeting is necessary.

Written minutes of any such meetings shall be recorded by the Government in the contract file and signed by the contract manager and the CO or contract administrator. If the Contractor does not concur with any portion of the minutes, much non-concurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

D 8.0 Camping and Worksite Conditions

D 8.1 Camping and Worksite Plan

The Contractor shall provide a general plan with the technical proposal and shall provide a more specific plan based on items awarded, prior to start work. The

Contractor shall be aware of and abide by local BLM camping rules.

D 9.0 Compliance with Applicable Laws

All activities conducted under this contract must conform to all applicable Federal, State and Local environmental standards.

In the event environmental laws/regulations/requirements change during the term of this contract, the Contractor shall comply with such law/regulation as changed.

If there is an increase or decrease in cost as a result of the change, the Contractor shall immediately inform the CO for possible modification of the contract.

D. 10.0 Hazardous Waste

The Contractor shall manage and dispose of all hazardous waste derived from any work performed under this contract. The hazardous waste shall not be stored on Government property. Federal regulatory requirements include the Resource Conservation and Recovery Act (40 CFR 260- 279) and OSHA worker protection (29 CFR 1910.120).

If the Contractor spills or releases any substance listed in 40 CFR 302 into the environment, the Contractor shall immediately report the incident to the COR.

The Contractor shall be liable for any costs associated with the spill or release of such substances.

D 11.0 Wildlife

The Contractor at all times shall take appropriate measures to protect wildlife from threat or harm. The Contractor’s employees shall not harass or intentionally cause harm to any wildlife encountered during the activities covered by this contract. Specifically:

• Contractor’s employees shall not feed animals, ie., desert tortoise or the horned lizard.

• All trash and debris (especially edible trash) shall be contained in such a way as to prevent the intrusion of animals and all trash shall be removed from public lands at the end of each shift.

• Equipment shall be operated in a safe and reasonable manner to prevent injury to animals crossing haul roads or traversing work areas.

• Features that have a gate prescribed shall have an internal inspection performed prior to the installation to ensure that desert tortoise are not residing inside at the time of installation.

D 12.0 Threatened or Endangered Species.

The CDD has consulted with the US Fish and Wildlife Service on small acreage disturbances (< 2 acres) and a Biological Assessment (BA) is in place that will be used for activities in this contract and is referenced in the TO. The Contractor is bound by the specific instruction in the TO as these instructions are based on the site specific BA. A copy of the Small Acreage BA will be made available to bidders upon request.

• The Contractor shall notify BLM of the construction start date.

• Handling of desert tortoise is prohibited.

• As an awardee of this contract you will receive information on the desert tortoise and its conservation, its status, the protection it receives under the Endangered Species Act, and the actions that can be taken to avoid killing or injuring desert tortoises when working or recreating in the desert.

• The Contractor must ensure that construction activities do not result in harm of desert tortoises. This includes abiding by a 25 mph speed limit in wash zones, avoidance of all wildlife burrows in open wash zones, checking underneath vehicles and equipment prior to moving them, disposal of trash in predator-proof containers, and limiting use of open wash zones during tortoise active season.

The Contractor must contact the BLM immediately if a desert tortoise is injured or killed by activities associated with the contract. Construction may continue pending a review of the incident by the BLM and the U.S.

Fish and Wildlife Service, provided all other stipulations of this contract have been adhered to.

D 13.0 Contract References It is recognized that in conjunction with many tasks set forth therein, reference is made to United States Department of Interior, Bureau of Land Management, and other directives, instructions and other guidance. It is also recognized that because these documents are written for Government personnel, they may contain language that indicates performance is to be by Government personnel.

Whenever such guidance is referenced, the Contractor is to use such references as direction (coded mandatory) or suggested guidance (coded advisory) as appropriate in the performance of the required duties set forth herein and in other sections of the SOW as if such references had been written toward performance by Contractor personnel.

D 13.1 Conflicting References.

Should there be a conflict between or among two or more such references, those coded as mandatory by the contract shall have precedence over those coded advisory; between or among those similarly coded, those issued by a higher authority shall control over those issued by a lower authority; and between or among or among those issued at the same level of authority, those with a later date of issue shall control over those with earlier dates of issue.

D 13.2Government Authority.

Any duty set forth in the cited references which shall call for the exercise of non-delegable discretionary governmental authority shall be subject to the final approval of the Government official having such authority, notwithstanding that the Contractor may be required thereby to perform duties and render advice at a level below such final approval.

Appendix 1 – Drawing and picture of a Raised Air-Grate

Concrete foundation

Appendix 2 - Drawing and picture of a Wildlife-friendly Gate

Appendix 3 – Drawing and picture of a backfill and puf plug

Surface

Mine Shaft