1982-11-19_PERMIT FILE - M1982200

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• • STANDARD PROVISIONS • See. 5• Passage of title and risk of loss. Title to mineral willful action or gross negligence, Purchaser shall be liable materials sold under this contract shall remain in the Govern- for triple the appraised value of damaged or destroyed me- ment and shell not pass to Purchaser until such material has terials as determined by the Authorized Officer. If the Author- been paid for and extracted. Risk of loss shall be borne by Ized Officer determines that damage or destruction did not the party holding title to mineral material at time of loss result from Purchaser's willful action or gross negligence, except that nothing herein shall be construed to relieve either leaser damages may be charged, but not less than the actual party from liability for breach of contract or any wrongful or appraised value of the materials. negligent act. See. 9. Notice of operations. Purchaser shall notify the Sec. 6. Duties of Purchaser. Purchaser shall take fire pre- Authorized Officer immediately of the commencement and caution and conservation measures and shall dispose of termination of operations hereunder. slash or other debris resulting from operations hereunder in accordance with written instructions from the Author. See. 10. Violations, suspensions, and cancellation. ized Officer. (a) If the Purchaser violates any provisions of this con- tract, the Authorized Officer may, after giving written notice. Sec. 7. Equal Opportunity Clause. During the performance of suspend any further operations of Purchaser under this con- this contract, the Purchaser agrees as follows: tract, except such operations as may be necessary to remedy (1) The Purchaser will not discriminate against any em- any violations. If Purchaser fails to remedy all violations ployee or applicant for employment because of race, creed, within thirty (30) days after receipt of suspension notice, color, or national origin. The Purchaser will take affirmative the Authorized Officer may, by written notice, cancel this action to ensure that applicants are employed, and that em. contract and take appropriate action to recover all damages ployees are treated during employment, without regard to their suffered by the Government by reason of such violations, race, creed, color, or national origin. Such action shall in. including application toward payment of such damages of any elude, but not be limited to the following: employment, advance payments and any performance bonds. upgrading, demotion, or transfer; recruitment or recruitment (b) If Purchaser extracts or removes any mineral materials advertising; layoff or termination; rates of pay or other forms sold under this contract during any period of suspension, of compensation; and selection for training, including ap. or if Purchaser extracts any of such material after expiration prenticeship. The Purchaser agrees to post in conspicuous of the time for extraction or the cancellation of this contract, places, available to employees and applicants for employment, such extraction or removal shall be considered a willful notices to be provided by the Contracting Officer setting forth trespass and render Purchaser liable for triple damages. the provisions of this nondiscrimination clause. (2) The Purchaser will, in all solicitations or advertise. Sec. 11. Responsibility for damages suffered, cost, or ex- menta for employees placed by or on behalf of the Purchaser, pense incurred by Government. The Purchaser shall be liable state that all qualified applicants will receive consideration for any damages suffered, cost, or expense incurred by the for employment without regard to race, creed, color, or Government arising out of any operations under this contract national origin. whenever such damage, cost, or expense results from any (3) The Purchaser will send to each labor union or repre. breach of contract or wrongful or negligent act of Purchaser, sentative of workers with which he has a collective bargaining his contractors, subcontractors, or the employees of any of agreement or other contract or understanding, a notice, to be them. The Purchaser shell pay the Government for such provided by the agency contracting officer, advising the labor damage, cost, or expense within thirty (30) days after a union or workers' representative of the Purchaser'a commit. written demand therefor by the Authorized Officer. ments under Sec. 202 of Executive Order No. 11246 of Sep- tember 24, 1965, and shall poet copies of the notice in See. 12. Extensions of time. An extension of time may be conspicuous places available to employees and applicants granted in accordance with the provisions of 43 CFR 3611.8-6. for employment. Written application for an extension of time may be made by (4) The Purchaser will comply with all provisions of the Purchaser not less than thirty (30) nor more than ninety Executive Order No. 11246 of September 24. 1965. and of the (90) days prior to the expiration of the contract. rules, regulations, and relevant orders of the Secretary of Labor. Sec. 13. Unlawful interest. No Member of, or Delegate to, (5) The Purchaser will furnish all information and reports Congress, or Resident Commissioner, after his election or required by Executive Order No. 11246 of September 24, 1965, appointment, or either before or after he has qualified, and and by the rules, regulations, and orders of the Secretary of during his continuance in office, and no officer, agent, or em. Labor. or pursuant thereto, and will permit access to his playas of the Department of the Interior, shell be admitted to books, records, and accounts by the contracting agency,and any share or part in this contract or derive any benefit that the Secretary of Labor for purposes of investigation to may arise therefrom, but this provision shall not be construed ascertain compliance with such rules, regulations, and orders. to apply to this contract if made with a corporation for its (6) In the event of the Purchaser's noncompliance with the general benefit. The provisions of See. 3741 of the Revised nondiscrimination clauses of this contract or with any of such Statutes (41 U.S.C. Sec. 22) and the provisions of 18 U.S.C. rules, regulations, or orders, this contract may be cancelled, Secs. 431-433. relating to contracts, enter into and form a terminated or suspended in whole or in part and the Pur. part of this contract, so far as the same may be applicable. chaser may be declared ineligible for further Government contracts In accordance with procedures authorized in Exec- See, 14. Time for removal of personal property. The Pur- utive Order No. 11246 of September 24. 1965. and such other chaser shall have the right within ( ) sanctions may be imposed and remedies invoked as provided months after expiration of the time for extraction and removal in Executive Order No. 11246 of September 24. 1965. or by of minerals, if not In default, to remove his equipment, im. rule, regulation, or order of the Secretary of Labor, or as provements, or other personal property from Government lends otherwise provided by law. or rights-of-way; Provided, however, that any improvements (7) The Purchaser will include the provisions of Pare- such as road surfacing, culverts and bridges which have graphs (1) through (7) in every subcontract or purchase order become a permanent part of a Government road shall not be unless exempted by rules, regulations, or orders of the removed. The Authorized Officer may, In his discretion, grant Secretary of Labor issued pursuant to Sec. 204 of Executive an extension of time, not to exceed three (3) months for Order No.11246 of September 24, 1965, so that such provisions removal of personal property. Any equipment, improvements will be binding upon each subcontractor or vendor. The Pur- or other personal property remaining on Government lands and chaser will take such action with respect to any subcontract rights-of-way at the end of the period for removal as met forth or purchase order as the contracting agency may direct as ■ herein shall become the property of the Government. means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the ' Purchaser becomes involved in, or is threatened with, liti. See. 15. Assignments. This contract may not be assigned gatlon with a subcontractor or vendor as a result of such without written approval of the Authorized Officer. direction by the contracting agency, the Purchaser may request the United States to enter into such litigation to protect the See. 16. Tenure. Unless otherwise provided by this contract, interests of the United States the Purchaser shall have the right to extract and remove the materials until the termination of the contract, notwithstanding See. 8. Responsibility for damage to materials not sold. any subsequent appropriation or disposition under the general Purchaser shall be liable in damages for the loss or destruc- land laws, including the mining and mineral leasing laws. lion of all Government property not sold under this contract for which he is directly or indirectly responsible, or resulting Sec. 17• Appeal. An appeal as provided by the regulations from his failure to perform under this contract in accordance of the Department of the Interior may be taken from any with the instructions of the Authorized Officer, as well as for decision of any subordinate official to the Director. Bureau costs incurred by Government resulting from Purchaser's of Land Management, and from the Director's decision to the breach or any of the terms hereof, or his failure to engage in Secretary of the Interior pursuant to the Rules of Practice proper conservation practice. For damages resulting from (43 CFR, Part 1940). Sec. 18. Specie! Provisions: (1) Site Maintenance and Rehabilition. See attached Exhibit A&B aPo s50-641