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uuiu4iar 1~:~~ rr~ o0o ry~1 nlrit(lUl~ l;U K1Jh ~~ ~ 0'L 279316 PUBLIC 1FACILi'I`IES; ECONOMIC DEVEIAPMENT from obligation with resp~zt to anY unpaid claims. fnmenaed ey ~981 ~.7t2 g5} 279,315 fForm~'rly 653.767; repealed hy 1995 c286 ~.~I 279~t6 Condition conrerning hours of labor. {1} Every public ccntract shall also contain a condition that no person shall be empioyed for more than eight hours in any one da5~, or 40 hours in any one week, except in ca.Ses of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.~~1, the ]ai~arer shall be paid at least time and a h.ilf pay for ali overtime in excess of eight hours a day and for work performed on 5aturday and on any lr.gal holiday speci- 1'ied in ORS 279-334. lating to the prevention of environmental pollut~on and the preservation of natural re- ~_ sources occurring efter the submission of the successful bid, the public contracting agency may: (a} Terminate the contract; (b) Compl~te the work it~self; (c) Use nonagency forces already under contract with the pubitc contracting agency; (d} R,equire that the underlying propertY owner be responsible for cleanup; (e) Go out to bid for a new contractor to pro~'ide the necessary services under the compel,itive bid requirements of ORS 279A15; or (~ Issue the successful bidder a change order setting forth the additional worK'~that musi: be undertaken. (2) In addition to the obligation imposed under subsection (1) of this section to refer to federal state and local agencies with reg- ulations ~caling with the prevention of envi- ronmental pollution attd the preservation of natural resources, a public bid document must alsa make specific reference to known conditions aL the construction site that may require the successful bidder to comply with the statutes, ordinances or regulations ~den- tified under subsection (1) of this section. (3) If the successful bidder encounters a condition not referred to in the bid docu- ments and not caused by the successful bid- der and not discoverable by a reasonable prebid visual site inspection and the condi- #r tion requires compliance with the regu- n lations referred to under subsection (1) of - this section, the succesaful bidder shall im- ~ mediai:ely give notice of the condition to the ~ public contracting agency. d (4) Ezcept in the case of an emergency f and except as may otherwiee be required bY r any environmental or natural resource regu- 3 lation, the successful hidder shall not com- mence work nor incur any additional job site costs in regard to the condition encountered n- and described in subsection (3) of this sectian d without written direction from the public ~ contracting agency- n n request by the public contract- ake (5) UPa ~ ing agency, the su gessful b~dder shalla o~ or mate the emer enc or regu rY o{ compliance costs as well as the anticipated on delay and costs resulting from the encount- ~_ ered condition. This cost estimate shall be er prompt{y delivered to the public contracting ust agency for resolution. ex- {g) Within a reasonable period of time, es the public contracting agency may: ~1e (a} Terminate the contract; ez- (b) Compiete the work itself; (2) In the case of coniracts for personal services as defined in OR~~ 279.053, the con- tract shall contain a provision that the la- borer shall be paid at 1ea5t time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts wha are e~cluded under ORS fi.53.010 ta 653261 or under 29 U.S_C. sections ivin overtime. 201 to 209 from rece g ~: '~ (3) In the case of a cuntract or services her events author- oi f i {'i . or r or at a county fa ized by a county fair board, the contract u~~ ', shall contam a provision that the labor per- act shall be paid at least t ,,; ~ fn r formed an the con time and a haif for work in excess of eight , 'i' ~ hours in any one day or 40 hours in any one ~,~~~ ~ ,ir` ~ week. (4) Contracts of the Economic Deve o ~;i .; ~ent Department for services shall contai s em ' ~ i ~ ' a provision that requires that person such contracts shall receive a d d ~~;,; , : un er ptoye and a half pay for work perform t t ,~ i I~' ~ ime leas on the legal holidays specified in O ) and for all time worke ~( b i ;~ g ? 279.334 (1X o ~ l ~ in excess of 10 hours a day or in excess , I a1 40 hours in a week, whichever is ~ate 167 ~1; 197& c5 §l; 1989 c.b7'l §l; 199 1967 ~ i c (Amended by ,~ c7rs 41; 1`.~95 Gz3s 421 ~ 279.318 I'rovisions relating to envir'o ~ mental and natural reso~n-ces laws an ~; rule~ remedies when requiremen change- (1) Bid documents for a pubhc co '. tract for a public impn~vement shall m '' specific reference to federal, state and loc ! agencies that have enacted ordinances '! ; regulations dealing with the prevention !~ ` environmental pollution and the preservati ~ I of natural resources that a$ect the perfo ~ ance of the contract. If the successful bidd p~ awarded the ~roject is delayed or m ~~1~~` ~ undertake additional w~~rk by reason of ,f ~~ isting regulations or ordinances of agenci , not cited in the public contract or due to ~~ '+ enactment of new or the amendment of ,; isting statutes, ordinances or regulations re- Title 26 Page 52 ~ (1995 Edition)