Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:05-cv-00367-ECH

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EXHIBIT E

Case 1:05-cv-00367-ECH

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PAGE 1 OF

orm Approved

ORDER FOR SUPP :S OR SERVICES
1 CONTRACt'/PURCH ORDER'NO. ;~. DELIVERY ORDER NO. 3 DATE O¢ ORDER

I

MBNo. o7o4-o,s7
Expires Jul 31, 1989 DO

2
5 CERTIFIED ~OR N~. TIONAL DEFENSE U~. DER DMS REG 1

14. REQUISITION/PURCH REQUEST NO.

N62474-9 l-M-0051
6 ISSUED BY CODE [

91 SEP 16

XO0495-91-RC-A0056
CODE [' L

7 ADMINISTERED 8Y (If other than 6)

8. DELIVERY FOB

Officer in Charge of-Construction Bldg. 307, 3rd Floor Naval Air Station Fallon, Nevada 89406-5000
9 CONTRACTOR CODE L

Resident Officer in Charge of Bldg. 307, 3rd Floor Naval Air Station Fallon, Nevada 89406-5000
FACILITY CODE L 10. DELIVER TO FOB POINT BY (Date)

[

~ DEST ] OTHER (See Scl~dule if ot~r)

1 I. MARK IF BUStNEC,~, IcJ

NAME AND ADDRESS

Shane M. Vestey 3877 SheakleP Road Fallon, Nevada 89406 e(702) 867-5886

16 October lggl
12. DISCOUNT TERMS

[
]

~] SMALL SMALL DISAD VANTAGED

Net ¯
115, PAYMENT WILL BE MADE BY 13. MAiL INVOICES TO

] WOMEN-OWNED

,, SH,P ;o
See Block 7

CODE /

SEE BLOCK 7
CODE J MARK ALL PACKAGES AND PAPERS WITH CONTRACT OR ORDER NUMIIER

Fleet Accounting Disbursing Ctr Pacific 037 N. HaRboR DRive San Diego, CA 02132-5111

16. TO YR

DEUVERY

This, delivery ~'der is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered ccmtract,

EPED R L O PURCHASE f

,~,o~ the foi,o.~ng t .... soectfied h ..... X Reference your weitten quote of 5 S ep 1991 ACCEPTANCE. THE CONTRACTOR HEREBy ACCEPTS THE OFFER REPRESENTED BY/HE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME
DATE SIGNED

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE --'Ill this box i~ marked, supplier must dgn Acceptance and return the following number of co~e~: 17 ITEm4 NO APP~0RRIA TION ~YMBOL AND 5UBHEAO OBJECT CLASS ACCOUNTING AND APPROPRIATION DATA SUBAUTH'N t'BANS ALLOT¯ ACCT'G ACT'Y TYPE

BUREAU CONT NO

PROPERTY ACCT'G ACTW

COUN. TRy

COST COOE

AMOUNT

AA
~8

1711804.702E
19.

000

60495

0

068688

2D

IK6006
20. QUANTITY 21. ORDERED / UNIT ACCEPTEDt

PFiRCAOO56OO
22 UNIT PRICE 23.

CZl,438.00
AMOUNT

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICE

0001

Provide all material, labor, and equipment required to install warning signs at NAS Fallon Bombing Ranges B-16, B-17, and B-19 in accordance with attached plans and specifications. All at%ached ContRact Clauses and Wage Decision gI-NV-0006 apply to this contract.

1 JO

$21,438.00

S21,438.00

= If quantity accepted by the Government is ~lme 24. UNITED STATES OF AMERICA as quantity ordered, indicate by X. If different, enter

/" ~ 2// 7 / /

25. TOTAL

¯ ~=., q~an,ity ~cep,ed b,~ q~a,,ty o~,r~ a.~

,~,~e

I '2'61 QUANTITY IN COLUMN 20 HAS BEEN F~ INSPECTED ~ ["]RECEIVED L_J

BY:

W. J. HOPPE, ~LCD~, ~[¢/JUSN

/~F'~W 2b~RDE~N~ OFFICER

/

29. DIFFERENCES 30 INITIALS 33. AMOUNT VERIFIED CORRECT FOR

/-~ "~"~ ~ ~~ 27. S~. ~k a" 28. D.C. VOUCHER NO. {/ // ~. Y',

~ ACCEPTED. AND CONFORMS TO THE ----.I CONTRACT EXCEPT AS NOTED

DATE

SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

31. PAYMENT [--7 COM PLETE

94 CHECK NUMBER

36. I certify thi~ account is correct and proper For payment. DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER 39 DATE RECEIVED

[

'--']PARTIAL

35. B)LL OF LADING NO

[__J FINAL 40. TOTAL CONTAINER¢, 41 SIR ACCOUNT NUMBER 42 %tR VOUCHER NO

37 RECEIVED AT 3B RECEIVED BY

DD Form 1155, JUL 87

Previous editions are obsolete SfN 0102-LF-001-3.553

CONTRACTOR MUST SUBMIT FOUR COPIES OF INVOICE

US00016

Case 1:05-cv-00367-ECH

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Contract N62474-91-M-0051, install Warning Signs, Bombing Ranges B-16, B-17, B-19 SECTION 1 - GENERAL REQUIREMENTS

The Contractor shall furnish all material, labor, equipment and tools needed to install warning signs at NAS Fallon Bombing Ranges B-16, B-17 and B-19. The bombing range locations, the areas to be posted, and the sign configuration and wording are shown on the attached drawings. The work schedule for each range will be coordinated with the range scheduling office. PROTECTION OF MATERIAL AND WORK The Contractor shall protect and preserve all materials, supplies, and equipment of every description prior to and after delivery and completion of all work. The Contractor shall comply with all reasonable requests of the Contracting Officer or his authorized representative to enclose or protect such property. SUBMITTAL REQUIRED Prior to starting any work,.submit the following for approval of the Contracting Officer: I. 2. 3. 4. Access plan for all areas to be posted. Shop drawing of the warning sign. Schedule of work. Name, address and telephone number of project supervisor. PUBLICATION

APPLICABLE I. 1910).

Occupational Safety and Health Standards (29 CFR Part

2. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1). WARRANTY All new material and components installed under this specification shall be standard commercial warranty. Construction is to be warranted by the Contractor for one year after acceptance of the materials by the Government. DEMOLITION The procedures shall provide for safe conduct of work, careful removal of materials and protection of property which is to remain undisturbed. Contractor shall confine access to established roads where possible. When establ'ished raads are not available, Contractor will comply with the approved access plan.

US00017

Case 1:05-cv-00367-ECH

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Any damage caused by the Contractor while performing the work~ shall be repaired to match existing site conditions at no~¯ ¯¯~ additional cost to the Government. All work and Contractor operations shall comply with the requirements of the National Environmental Policy Act 1969. "~ ~ CLEAN-UP ~ i~I ~i~ i ~i~i! i~

The Contractor shall at all times keep the work area freel from accumulation of waste material or rubbish. Prior to the completion of the work, the Contractor shall remove all debris, rubbish, tools, equipment. The Contractor shall be responsible for restoring any damage to the environment to its original condition. The condition of all clean-up work at the completion of this contract must be satisfactory to the Contracting Officer or his representative. The above general outline does not in any way limit the responsibility of the Contractor to perform all work and furnish the labor required by the contract. SECTION 2 - MATERIAL SPECIFICATION Signs: 2' x 2' metal (16 GA.). Black lettering on a white background with a 3/16" diameter pre-punched mounting hole 1/2" from top and bottom edge centered from the sides. A total of 800 signs will be required. The first 770 signs will read as The last 30 signs will read as "', , depicted on attachment (I). depicted on attachment (2). Posts: 7' metal sign posts. The sign will be mounted to the post so that the top of the sign will be flush with the top of the post. A total of 800 posts will be required. Bolts: ASTM A307 included in installation. Nuts: ASTM A563 included in installation.

QUALITY OF CONTRACTOR FURNISHED ARTICLES~ MATERIALS, AND EQUIPMENT Articles, materials, and equipment to be incorporated into the work under the contract shall be made in the U.S. new and unused unless otherwise specified. Any materials, supplies, or articles required in this work, but not covered by detailed specifications herein shall be standard products of reputable manufacturers and suitable for the intended use. SECTION 3 - EXECUTION Install posts 2' deep into existing soil. The posts shall be plumb and the signs shall be facing away from the posted area. The signs will be installed at 300' intervals as shown on the drawing and described below. All signs and posts not used will become the property of the United States Navy.

US00018

Case 1:05-cv-00367-ECH

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B-16: The installation of the posts will commence at point A and continue north a distance of 10,560 feet (2 miles) to point B. From point B east a distance of 5,280 feet (one mile) to point C. From point C south a distance of 10,560 feet (2 miles) to point D. The installation commences again at point E and heads south a distance of 5,280 feet (one mile) to point F. From point F west a distance of 5,280 feet (one mile) to point G. B-17: The installation of the posts will commence at point A-and continue east a distance of 39,600 feet (7 1/2 miles.) to p0in~jB~ From point B south a distance of 5,280 feet (I mile) to pointlC.i The installation commences again at point D and heads: south a distance of 1,320 feet (1/4 mile) to point E. From point E head in a southeasterly direction until intersecting the Bell Canyon road (jeep trail), continuing 50 feet north of the Bell Canyon road in a southeasterly direction until arriving at point F a distance of 50,160 feet (9 1/2 miles). From point F head in a northeasterly direction a distance of 7,920 feet (I 1/2 miles) to point G. B-19: The installation of the posts will commence at point A and continue north a distance of 3,960 feet (3/4 mile) to point B. From point B east a distance of 17,160 feet (3 1/4 miles) to point C. From point C south a distance of 25,080 feet (4 3/4 miles) to point D. From point D west a distance of 9,240 feet (i 3/4 miles) to point E.

US00019

Case 1:05-cv-00367-ECH

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Case 1:05-cv-00367-ECH

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Case 1:05-cv-00367-ECH

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Case 1:05-cv-00367-ECH

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Case 1:05-cv-00367-ECH

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Case 1:05-cv-00367-ECH

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EXHIBIT F

Case 1:05-cv-00367-ECH

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Filed 04/04/2006

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Case 1:05-cv-00367-ECH

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US00026

Case 1:05-cv-00367-ECH

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EXHIBIT G

Case 1:05-cv-00367-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-367 L into which have been consolidated Nos. 05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, and 05-1175 L

GERALD E. ROTH, et. al., Plaintiffs,
V.

) ) )
)

Honorable Emily C. Hewitt

THE UNITED STATES OF AMERICA, Defendant.

) ) ) ) ) )

DECLARATION OF LARRY JONES I, Larry Jones, do hereby declare: 1. I am the Deputy Director for the Navy Region Southwest Range Support Program, located at Naval Air Station Fallon, Nevada. In 1991, I was the Supervisory Natural Resources Specialist of the Natural Resources and Real Estate Division, Naval Air Station Fallon. In that position, I was responsible for and managed all natural resources at Naval Air Station Fallon. I have been employed at Naval Air Station Fallon for the past thirty-two years. 2. In September 1991, the Officer in Charge of Const~ction at Naval Air Station Fallon issued an Order for Supplies or Services (DD Form 1155) to a local private contractor for the creation and installation of 800 warning signs in the vicinity of, among other areas, bombing range B-17. These signs were to be installed to indicate those areas closed by the Bureau of Land Management because of the possible presence of live ordnance. The exact locations for the installation of the warning signs were provided in attachments to the Order for Supplies or Services. Block 10 of the Order for Supplies or

Case 1:05-cv-00367-ECH

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Filed 04/04/2006

Page 16 of 16

Services required delivery by October 16, 1991. This means that the signs had to be installed in the specified locations by that date. As such, signs indicating that the designated land was closed to the public have been in place since October 1991. 3. In 1999, in accordance with the Military Lands Withdrawal Act, the Naval Air Station Fallon ranges, including bombing range B- 17, were withdrawn and reserved for use by the Department of the Navy for testing and training for aerial bombing, missile firing, and tactical maneuvering. Sometime after October 1999, the original warning signs, installed in October 1991, were replaced with new warning signs indicating that the designated land was a restricted area. 4. It is my understanding that the United States is submitting as exhibits three color maps showing the location of various mining claims in the vicinity of bombing range B-17 in support of its Motion to Dismiss Pursuant to RCFC 12(b)(1) and 12(b)(6). These maps are all portions of maps generated by the Bureau of Land Management. One is from the 1996 Edition of the topographic Surface Management Status map for Fallon, Nevada. The others are from mineral title plats, showing the status of public domain land and mineral titles, obtained from the recorder in Churchill County, Nevada. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on this