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March 1, 1995 <br /> Article 26. PROTECTION OF WORK AND PROPERTY <br /> The Contractor shall continuously maintain adequate protection of all his work and materials, protect <br /> the property from injury or loss arising in connection with the Contract and adequately protect adjacent <br /> property as provided by law and the Contract Documents. <br /> The Contractor shall make good any damage, injury or loss, except such as may be: <br /> (a) Directly due to errors in the Contract Documents; <br /> (b) Caused by agents or employees of the Principle Representative; <br /> (c) Due to causes beyond the Contractor's control and not to his fault or negligence. <br /> The Contractor shall take all necessary precautions for the safety of employees on the work, and shall <br /> comply with all applicable provisions of Federal, State and Municipal safety laws and building codes <br /> to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being <br /> performed. He shall erect and properly maintain at all times, as required by the conditions and progress <br /> of the work, all necessary safeguards for the protection of workmen and the public and shall post <br /> danger signs warning against the hazards created by such features of construction. <br /> The Contractor shall take due precautions when obstructing sidewalks, streets or other public ways <br /> in any manner, and shall provide, erect and maintain barricades, temporary walkways, roadways, <br /> trench covers, colored lights or danger signals and any other devices <br /> necessary to assure the safe passage of pedestrians and automobiles. <br /> In an emergency affecting the safety of life or posing a threat to adjoining property, the Contractor, <br /> without special instruction or authorization from the Project Manager or Principal Representative, is <br /> hereby permitted to act, at his discretion,to prevent such threatened loss or injury; and he shall so act, <br /> without appeal, if so authorized or instructed. The Project Manager must be notified as soon as <br /> possible in the event of any emergency. Any compensation, claimed by the Contractor on account of <br /> emergency work, shall be determined by agreement for extra compensation. <br /> Article 27. HISTORICAL PRESERVATION <br /> Areas adjacent to the mine sites often contain related artifacts and structures, such as buildings, <br /> tipples, ore houses, headframes and foundations, that may be historically significant. Care shall be <br /> exercised to avoid any disturbances to these structures and artifacts, in order to preserve their <br /> integrity. Existing structures shall not be used as load-bearing devices. <br /> Article 28. ELECTRICAL POWER, POTABLE AND CONSTRUCTION WATER <br /> The Contractor shall be responsible for providing electrical power and potable and construction water <br /> as needed to perform the contract work. If the Contractor desires to use power other than portable <br /> generators, the Contractor's plans for providing such power will be subject to the Principle <br /> Representative's prior approval. The cost for providing power and water will not be paid for separately <br /> but shall be included in the bid prices of the various work items. The Contractor shall install and <br /> maintain all utilities in such manner as to protect the public and workmen and conform with any <br /> applicable laws and regulations. Upon completion of the work he shall remove all such temporary <br /> utilities from the site. <br /> Article 29. PROTECTION OF EXISTING UTILITIES <br /> Utilities, both underground and above-ground, may exist which could affect construction work covered <br /> under this contract. The Contractor is responsible for determining the nature and locations of any and <br /> all utilities which could affect construction work covered under this contract. The horizontal and <br /> vertical locations of utilities may vary. The Contractor is responsible for excavation and equipment <br /> movement without damage to utilities. The Contractor assumes all responsibility for damages to any <br /> utilities he causes under this contract. <br /> DMG-9 <br /> i <br />