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~. uo~uaiar l~:~u rna o~b lb51 euuciun uu xi~n 03 PUBLIC CONI'RACTS AND PURCHp3ING 2T9.326 (c? Use nonagen forces already under contract with the puL~c contracting agp,ncy; (d) Require that the uude•rlying property awner be responsible for cleanup; (e) (30 out to bid for a new contractor to provide the necessary servic:es under the competitive bid requirements of ORS 279_015; or orderflsetting f~orthut~he~ dit nal work hat must be undertaken. {7xa) If the public contracting agency chooses to terminate the contract under sub- section (6xa) of this sectian, the successfnl bidder shall be entitled to ~ ~~~ ~d ~- ~enses incuned to the date of termination, mciuding overhead and reasonable profits, on the percentage of the work completed, The a~"'~'~ ~~n~3' Sha1I have access to the succes,sfuI 6udder's bid documents when mak- ing its determination of the additional com- pensation due to the successful bidder_ (b) ff the pubiic oontracting agen~y . causes work to be done by anather contrao- ' tar under subsection (lxc) or (e) of this sec- tion or under subsection (6Xc} flr (e) of this section, the suocessful bidde~. sha~l not be held liable for actions or omiESions of the other contractor. (c) The change order under subsection (Ix~} of this section or under subsection (6xQ of this section shall include the appropriate eatension of conttract time and compensate the successful bidder for aII additionai oosts, including overhead and profit, reasonably in- curred as a result of compiying with the ap- plicable regulations. The awazding ng~~Y sha11 have acr.ess to the snccessfu! bidder's bid docutnents whea making its determi- nation of the additianal compensation due to the succcssfui bidder. (8) Notwithstanding the provisions of this ~ecEic~n, an awarding agea~y; (a) Map allocate alI or a poction of the known envimnmental and natural resource risks to a contractor by listing such envi- ronmental and natural resrnirce risks with $P~fi~tY in the bid documents; and (b) In a local 'unpravement district, may allocate all ar a portioa of the known and unknawa enviranmental aad natural re- sour~e risks to a contractor by so stating in the bid doeumeata. tA~nend~d by 79a~ ~52s 42: 1s7~ crll;lg 1991 e63e ~II S'78.$18 Conditioa oonaeraing uee of ~~-~ ~~ foz' removal, abatement or d,e~noliEtoa a~ es~stoa in state buildinga. (1) ~ery pubGc cuaitract far the removal, abatement or demolition of asbeatos in a ~ state building shall coatsin a wnditioa re- 1~tle 26 Page 53 quiring the contractor to use a certified in- tnate workforce, if available, of: ~a) ~rty percent, not to exceed 30 in- mates the first year_ ~b) T~venty-five pereent, not to exceed 50 inmates the second year. (c) ~venty percent, not to exceed I00 in- mates the third yeaz. (2) As used in this section: (a) "Inmate° means an inmate of a De- Partment of Correcteons institution. (b) ~Certif~ed inmate° means ~ inmate certified pursuent to ORS 468A730. [i9eg c.1092 §51 279.320 Condition concerning payment for medical cane ~d p~,~~~g workera' compensation. (1) Every public contract shall also contain a oonditian that the con- tractor shall promptlY~ as due, make payment tO ~Y Pe~n, copartnershi~, association or corporation, furnishing medical,• sur~ical and hospital care or other needed care and a~ tention, incident to sicknese or iajury, to the employees of such contractor, of al] sums which the oontractor agrees to pay for such services and all moneys and sums which the contraetor collected ar deducted from the wages of employees puzsnant to any law, contract or agreeqnent for the purpose of providing or paying for such service. (2) Every public contract also shall con- tain a clause ar condition tbat all employers working under the coatract are sub,ject em- ployers that avill comply with ORS 656.017. [Ameaded by l967 c359 ¢687; 1961 m712 §6: wba~ectioa (2) ~nxtsd aa 1s8,9 a684 §31 (Terminatfon for Public Interest 2T9.324 D~efinitions for ORS 27g,g24 to ~79.332. As used 'm ORS 279.324 to 279_332 °labor dispute" means a labor dispute as de- fined in ORS 662.O1fl. (Amenaed by is73 ~r3e 6~; 1975 cTli ¢20t 279.32B A~eemeat to terminate con- trac~ The public body and the contractor that are parl,ies to a public amtract may agi-ee to terminate the conEract: (1) If work under the coatract is sas- pended by an arder of a pnblic agency for any ~ason considered to be in the pubIic in- terest other tlian by a labor dispUte or by reason of any third party judicial proceefling re~1~g to the work other than a suit or ac- tioa filed in regards to a Iabor dispute; and (2) If the circumstaacea or ~aditioas are such that it is impradicable within a rea- sonable Lime to proceed with a aubstaatial portion of the pttblic works, ~A,nended b~ ~g7a ~.73e 4a1 (I995 Edition) I ,'• I: