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April 2, 1992 <br />23. HISTORICAL PRESERVATION <br />Areas adjacent to the mine sites often contain related artifacts <br />and structures, such as buildings, tipples, ore houses, <br />headframes and foundations, that may be historically significant. <br />Care shall be exercised to avoid any disturbances to these <br />structures and artifacts, in order to preserve their integrity. <br />Existing structures shall not be used as load-bearing devices. <br />24. UTILITIES <br />Utilities, both underground and above-ground, may exist which <br />could affect construction work covered under this contract. The <br />CONTRACTOR is responsible for determining the nature and <br />locations of any and all utilities which could affect <br />construction work covered under this contract. The horizontal <br />and vertical locations of utilities may vary. The CONTRACTOR is <br />responsible for excavation and equipment movement without damage <br />to utilities. The CONTRACTOR assumes all responsibility for <br />damages to any utilities he causes cinder this contract. <br />25. ELECTRICAL POWER AND POTABLE AND CONSTRUCTION WATER <br />The CONTRACTOR shall be responsible for providing electrical <br />power and potable and construction water as needed to perform the <br />contract work. If the CONTRACTOR desires to use power other than <br />portable generators, the CONTRACTOR'S plans for providing such <br />power will be subject to the OWNER'S prior approval. The cost <br />for providing power and water will not be paid for. separately but <br />shall be included in the bid prices of the various work items. <br />26. CLA MS <br />Any claim by the CONTRACTOR arising by virtue of this purchase <br />order contract which is not disposed of by agreement shall be <br />submitted in writing, together with any written and oral evidence <br />in support thereof, to the OWNER for decision. Before making a <br />decision the OWNER shall notify the CONTRACTOR that any <br />additional written and/or oral evidence in support of the claim <br />may be presented to the OWNER within thirty (30) days from <br />receipt by the CONTRACTOR of such notification, or within such <br />further period of time as may be granted by the OWNER. The OWNER <br />shall make his decision in writing and mail or otherwise furnish <br />a signed copy thereof to the CONTRACTOR. Pending the decision of <br />the OWNER, the CONTRACTOR shall proceed diligently with the <br />performance of this purchase order contract. <br />MLRD-13 <br />