<br />E:XHIBI1' VIII"", COllt.
<br />
<br />application of either party the Contract shall forthwith be physically amended to make such insertion or
<br />correction.
<br />
<br />44. Protection of Lives and Health
<br />
<br />"The Contractor shall exercise proper preca.ution at all times for the protection of persons and property and
<br />shall be responsible for all damages to persons or property, either on or off the site, which occur as a result
<br />of his prosecution of the work. The safety pmvision$ of applicable laws and building and construction codes,
<br />in addition to specific safety and health regulations ,jescribed by Chapter XIII, Bureau of Labor Standards,
<br />Department of Labor, Part 1518, Safety and Health Hegulations for Construction, as outlined in the Federal
<br />Register, Volume No. 75, Saturday, April 17, 1971. Titie 29 - LABOR, shall be observed and the Contractor
<br />shall take or cause to be taken, such additional safer( and health measures as the Contracting Authority may
<br />determine to be reasonably necessary."
<br />
<br />45. Subcontracts
<br />
<br />"The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and
<br />such other clauses as the Department of Housing and Urban Development or Colorado Department of Local
<br />Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses
<br />in any lower tier subcontracts which they may enter into, together with a claus'3 requiring this insertion in any
<br />further subcontracts that may in turn be made."
<br />
<br />46. Interest of Members of or Delegate to Congress
<br />
<br />No members of or Delegate to Congress shall be C1dmil1ed to any share or part of this Contract or to any
<br />benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made
<br />with a corporation for its general benefit.
<br />
<br />47. Other Prohibited Interests
<br />
<br />No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make,
<br />accept or approve, or to take part in ne!lotiating, making, accepting, or approving any architectural,
<br />engineering, inspection, construction or material sLlPply contract or any subcontract in connection with the
<br />construction of the project, shall become directly or indirectly interested personally in this Contract or in any
<br />part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is
<br />authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or
<br />other similar functions in connection with th.3 construction of the project, shall become directly or indirectly
<br />interested personally in this Contract or in any part thereof, any material supply contract, subcontract,
<br />insurance contract, or any other contract pertaining to the proJect.
<br />
<br />48. Use and Occupancy Prior to Acc'lptancll by OWnE"r
<br />
<br />The Contractor agrees to the use and occupancy of a portion or un it of the project before formal acceptance
<br />by the Owner, provided the Owner:
<br />
<br />(a) Secures written consent of the Contractor except in the event, in the opinion of the
<br />Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or
<br />other contract requirements.
<br />
<br />(b) Secures endorsement from the insurance-carrier and consent of the surety permitting
<br />occupancy of the building or use of the project durin9 the remaining period of construction, or,
<br />
<br />(c) When the notice consists of more than one building, and one of the buildings is occupied,
<br />secures permanent firm and extended cov'lrage insurance, including a permit to complete construction.
<br />Consent of the Surety must also be obtained.
<br />
<br />(1) The Contractor will not discriminate against any employee or applicant for
<br />employment because of race, creed, color, or national origin. The Contractor will take affirmative action to
<br />ensure that applicants are employed, and that employees are treated during employment, without regard to
<br />their race, creed, color, or national origin. Such a:tion shall include but not be limited to the following:
<br />employment, upgrading, demotion, or transf"r; recruitment or recruitment advertising; layoff or termination;
<br />
<br />VIII-J-1 4 (ReVised 5(99)
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