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Eugene Department of Public Works <br /> Eugene Development Department <br /> Eugene Downtown Development Commission <br /> Eugene Library, Recreation and Cultural Services Department <br /> Lane County Board of Commissioners <br /> Lane County Boundary Commission <br /> Lane Regional Air Pollution Authority <br /> <br /> 23. Unanticipated Regulatory Compliance and Site Conditions. <br /> 23.1. If Contractor is delayed or additional work is required by reason of existing <br /> regulations or ordinances not cited in paragraph 21 above, or due to the enactment <br /> of new or the amendment of existing statutes, ordinances or regulations relating to <br /> the prevention of environmental pollution and the preservation of natural resources <br /> occurring after submission of the successful bid, City may, at its sole discretion: <br /> 23.1.1. terminate the contract; <br /> 23.1.2. complete the Work itself; <br /> 23.1.3. use non-City forces already under contract with City; <br /> 23.1.4. require that the underlying property owner. be responsible for the Work; <br /> 23.1.5. set out to bid for a new Contractor to provide the necessary services; or <br /> 23.1.6. issue Contractor a change order setting for the additional work that must <br /> be undertaken. <br /> 23.2. If Contractor encounters a condition not referred to in bid documents, not caused by <br /> Contractor, and not discoverable by a reasonable pre-bid visual site inspection, and <br /> that condition requires compliance with the regulations referred to in paragraph 22 <br /> above, Contractor shall immediately provide City notice of the condition. Except as <br /> required by any environmental or natural resource regulation, or, in case of an <br /> emergency, Contractor shall not commence work or incur any additional job site <br /> costs with regard to the condition encountered without written direction from City. <br /> Upon request, Contractor shall estimate emergency or regulatory compliance costs <br /> as well as the anticipated delay and costs resulting from the encountered condition, <br /> and promptly deliver such estimate to City for resolution. <br /> 23.3. In the event of an occurrence of an unanticipated site condition as described at 23.2 <br /> above, City, within a reasonable period of time, may do any of the following at its <br /> sole discretion: <br /> 23.3.1. terminate the contract; <br /> 23.3.2. complete the Work itself; <br /> 23.3.3. use non-City forces already under contract with City; <br /> 23.3.4. require that the underlying property owner be responsible for the Work; <br /> Public Improvement Contract (Comp) -Page 8 <br /> (Revised April 1998) <br /> <br />