Construction: Staton Construction

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UU/ U4/ tf I 1J: JV tKA JOO f S1J1 ____ R111K1U1~ liU ~Clan ~ .~ ~' i ,~f I ~ ~ , i? ,a i ~~~: ~' ~ ~I : ~oz 2'79316 PUBI.IC FACILIT'LES+ ECON011~C DEVEIAPI~NT from obligation with respect to any unPaid lating to the prevention o[ environmental pollution and the preservation of natural re- "..~ claims. [nm«-ded ~' ~~1 c7~ ~} so~~~ occuma after the submission of the zty,3ls ~Fonnerly 653_767; repea-ed by 1s~5 c.28e e ublic contractin a en successfu! bid, p g g~' §~l m 278316 Condition oon~~i~ hours of labor. (1) Every public ccntract shall also contain a condition that no person shall be employed for more than eight hours in a~Y one day, or 40 bours in any one week, eacept in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in c:ases of contracts o for personal services as defined in ORS 279.051, the lat~orer shali be paid at least p time and a half pay for alt overtime m ex~ess c on Saturday and on any legal holiday speca o fied in ORS 279_334. o (2) In the case of contracts for personal services as defined in ORS 279.051, tlie con- ~a~ shall contain a provision that the la- borer shall be paid at least time and a half for all overtime worked in ea~cess of 40 hours in any one week, except foz individuals uader these coatracts who are e~cluded unde~' ORS 653.010 to 6532fi1 or under 29 U.S_C. sections 201 to 209 from receiving overtime. f3) In the case of a cc,ntract for services at a countY fair or f~ o~~events author- ized by a countY the contract shall conta.in a pTO~i°n t~'at the labor per- formed an the contract sha11 be paid at least time and a half for work in excess af eight }~~s in eny one day or 40 hours in any one week. (4) Contracts of the Economic Develo~ ment Department for services shall contain a provision that requires that persons em- pioy~ed under such confsacts shall recei~~ l~st t~me and a half pap for worl~ pe on the le~ ~1 holidays specified in ~N~ 279.334 (1Xb) to (g) and for all time worked in excess of 10 hours a day or in excese of l~Amaod~ed b~ i~si elsi4~'t~ 4~; ei9~ c_5~~ ~1 i~ c719 41: ~ aT39 421 2 ons relating ~ ~ and meutsl ~~~ hen requirements rules change. (1) Bid documents for s Public con- tract for a pubhc improvement shall make specific reference to federal, state and 1oca1 agencies that have an~ p n~~n of regulations dealing . environmental pollut~on and thepres ervalaon of natural resources that affect the Perf°rm- ance of the contract. If the successful biddex awarded the pro]ect is delayed or must undertake additional work by reason of ex- isting regulations or ordinances of agencies not cited in the public contract or due to the ting statutesn ord~inances orm regulataans re- ~ ~ Title 26 ay. (a) Terminate the contract; (b) Complete the work itself; (c} Use nonagency forces already under contract with the pubhc contracting agency; (d} Require that the underlying propertY wner be responsible for cleanup; (e) Go ont to bid for s Mc~ n~der~ the rovide the necessarY ompetitive bid requirements of ORS 279.015; r (fl Issue the successful bidder a change rder se~t~ng forth the additional worl~'that must be underteken. (2) In addition to the obligation imposed under subsection (1) of this secaon ta refer to federal state and local agencies with reg- ulations ~ealing wit~ the prevention of envi- ronmeptal pollution andub 'c b de d ument natural resonrces, a p must alsa make specific reference to ltnawn oonditions at the construction site that may require the successful bidder to comply with the statutes, ordinaaces or regul ations ~den- tified under subsection (1) of this section. (3) ~'~hg $uccessful bidder eacounters a condition not refened to in the bid do~u- ineats and not caused by the successful bid- der and not discoverable by a reasonable prebid visual sits insPection and the condi- tion reQuires oompliance with the regu- lations referred to under subsectioa (1) of this sectioa, the successful bidder shall im- mediately give notace of the conditian to the public contractin$ agency. (4) Ezcept in the case of ea emergency and except as may otherwise be required bY ~y environmental or natural resource reg~- lation, tbe successful bidder sha11 not ~°m- mence work nor incur any additianal Jab site ~osts in regard ta the condition encoun~c~ed and deecribed in subsection (3) of this section without written direction from the pubkc contractiag ag~en~Y• (5) L1Pon recNe6t by the public contraet~ ing agenc~r~ the successful b~dder shall esti- mate tbe einergency or regulatory compliance costs as well from the en~t- delay and. costs resulting pr~om y dtel ver~ the pub~lie ~.ront actin8 agencp for resolution. (g) Within a reasonaency ma~ of ame, the pu6lic cantracting ag (a) Terminate the ~ntract; (b) Complete the work itself; Page 52 (1996 Edition)