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. ud~uaiar l~:au rr~ oao rao~ eirutivn ~v xt~n .03 PUBI.IC CQNI'RACTS AND PURCAASING 279.326 (c? Use nonagency forces already under contract with the public contracting agency; (d) Require that the underlying property owner be responsible for cleanup; (e) Go out to bid for a new contractor to provide the necessary services undet the competitive bid requirements of ORS 279.015; or (fl Issue the successfuI bi<ider a change ordcr setting forth the additional work that musL be undertaken. (7Xa) If the public contracting agency chooses to terminate the contract under sub- section (6xa) of this section, the successful bidder shaIl be r.ntitled to ail cosfb and ex- ~enscs incurred to the date of terrnination, including overhead and reasonable profits, on the percentage of the work completed. The awarding agency shall have access to the successfuI bidder's bid documents when mak- ing ii.s determination of tbe adaitional corn- pensation due to the succcssful bidder. (b) If the public contracting agency causes work to be done by another contrac- tor under subsection (1)(c) or (e? of this sec- tion or under subsection (6xc} flr (e) of this section, the successful bidder shall not be held iiable for actions or omiesions of the other contractor. (c) The change order under subsection (IXfl af this section or under subsection (6x~ of this section shall include the appropriate egtension of contract time and compensate the successful bidder for all additionai costs, including overhead and profit, reasonably in- curred as a result of complying with the ap- pIicable reguiations. The awarding agency shall have access to the snccessfui bidder's bid documents when making its determi_ nation of the additional compensation due to the suceessfui bidder. (8) Notwithstanding the provisions of this section, an awarding agency: (a) May alIocate alI or a portion of the known environmental and natural resource tisks to a contractor by listing such envi- ronmental and natural resource risks with specificity in the bid dac~menLs; and (b) In a local improvement district, may alIocate aIl ar a portion of the lutown and unknown envimnmental and natural re- soarce risks to a contractor by so stating in the bid documen{s_ lnmeoded by 1s~ c523 ~2, 1s't5 c771 §19; 1991 c638 §I~ 279.319 CondiNon oonoerning use of inmate labai- for remaval, abatemettt or demotition of asbestos in StaEe buildings, (1) Every public contract for the remova], abatement or demolition of ast~tos in a state building shall contain a condition re- qt~iring thc contractor to use a certifiod in- mate workforce, if available, of: (a) 'I~irty percent, not to exceed 30 in- mates the first year_ (b) ~venty-five percent, not to exceed 50 inmates the second year. (c) ~venty percent, not to exceed I00 in- mates the third ycar. (2) As used in thiF section: (a) "Inmate" mexns an inma~e of a De- partment of Corrections institution. (b) "Certified inmate" mean~ an inmate ccrtified pursuant to pR~ 468A.730. [lsss c1092 §51 279.320 Condition concerning payment for medical care and prov;diag workers' compensation. (1) Every public contract shall also contain a condition that the con- tractor shall promptly, as due, make payment orpo at~iong furnishing m dicala surgiCal and hospital care or other needed care and at- tentxon, incident to sickness or injury, to the emPloyec;s of such contractor, of all sums which the contractor agrees to pay for such services and all moneys and sums which the contractor cvllected or deducted from the wages of emptoyees pursuant to any law, contract or agree;nent for the purpose of Pro`~iding or paying for such service_ (2) Every public contract also shall con- tain a clause ar condition that all employers working under the contract are subject em- ployers that wili comply with ORS 656.017. l~tuended by 1967 c359 §667; 1961 c.712 §6; sabsr.ctiou (2) enacted as 1989 c.684 §3) (Terniinat~on for Public Interest Reasons) 279.324 Definitions for ORS 279.324 to 279-332. As used in ORS 279.324 to 279_332 "labor dispute" means a labor dispute as de- fined in ORS fi62.Olfl. (nmenaed by is~r3 ~~38 bi; is~s ~Tr~ ~20~ 279.32G Agc-eement to terminate can- tract. The public body and the contractor that are partiea to a public contract rnay agree to terminate the conEract: (1) If work under the coutract is sus- pended by an arder of a public agency for any reason considered to be in the pubI~c in- terest other than by a labor dispvte or by reason of any thitd party judicial proceeding relating to the work other than a suit or ac- tion filed in regazds to a Iabor dispute; and (2) If the circumstances or conditions are such that it is impracticable within a rea- Sonable Lime to procec~d with a substantia] portion of the public worIts. ~Amended 6q 1973 c.738 $2J Z4tle 26 Page 53 (I995 Edition)