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38. WATER AND ELECTRICITY <br /> 38.1 The CONTRACTOR shall make arrangements with the proper government officials <br /> and/or private parties for obtaining any water or electric power which may be needed. <br /> 39. SANITARY PROVISIONS <br /> 39.1 The CONTRACTOR shall comply with all laws,rules and regulations of the State and <br /> Local Health Authorities and shall take the necessary precautions to avoid unsanitary <br /> conditions. <br /> 39.2 Suitable sanitary conveniences for the use of all persons employed on the WORK, <br /> properly screened from public observation,shall be provided and maintained by the <br /> CONTRACTOR. <br /> 40. FOSSILS <br /> 40.1 If any fossils or treasure or other unusual or valuable geological formations are found in <br /> the progress of excavating,such fossils,treasure or samples of geological formations <br /> shall be carefully preserved by the CONTRACTOR who shall convey such items to a <br /> State or Federal Agency concerned with their preservation and study. These items shall <br /> become the property of said State or Federal Agency. <br /> 41. CONSTRUCTION OBSERVATION <br /> 41.1 The CONTRACTOR shall not begin the construction of any part of this improvement <br /> until he shall have notified the ENGINEER in writing of his intention to do so,stating the <br /> time when WORK is to commence. Such notice shall be at least forty-eight(48)hours <br /> prior to the time when actual WORK is to commence. In the event the CONTRACTOR <br /> temporarily leaves a job for more than two consecutive working days he shall submit <br /> such notice upon his return to WORK. The CONTRACTOR shall keep the ENGINEER <br /> advised as to WORK schedule. Any WORK performed at times of places outside of the <br /> established WORK schedule shall be regarded as contrary to and outside of the terms of <br /> this CONTRACT and the ENGINEER of his authorized representative may order such <br /> WORK torn out of removed and replaces without obligation on the part of the OWNER <br /> to pay for the same. <br /> 41.2 No material of any kind shall be used on any part of this improvement until it has been <br /> inspected and approved by the ENGINEER. All rejected MATERIALS shall be removed <br /> from the line of this improvement by the CONTRACTOR within two working days after <br /> its rejection. <br /> 41.3 Failure to condemn any inferior material or WORK at the time of its use on construction <br /> shall not be construed as an acceptance of the same,but the CONTRACTOR shall upon <br /> notice from the ENGINEER at any time prior to the final acceptance of the improvement <br /> immediately tear out,remove and properly reconstruct,at his own cost,any portion of <br /> this improvement which the ENGINEER may decide to be defective and the <br /> CONTRACTOR will be held wholly responsible for the safety, until proper construction <br /> and protection of the entire improvement until the same has been finally accepted. <br /> GC-23 <br />