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23.3 In the event of an occurrence of an unanticipated site condition as described at 23.2 above, <br />~"' City, within a reasonable period of time, may do any of the following at its 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 akeady under contract with City; <br />23.3.4 require that the underlying property owner be responsible for the Work; <br />23.3.5 set out to bid for a new Contractor to provide the necessary services; or <br />23.3.6 issue Contractor a change order setting for the additional work that must be <br />undertaken. <br />'', 23.4 In the event City terminates the contract under 23.3.1 or 23.1.1, Contractor shall be entitled to <br />', all costs and expenses incurred to date of the termination, including overhead and reasonable <br />'~ profits, on the percentage of the work completed. Contractor shall not be entitled to profits on <br />', the uncompleted portion of the contract. If City chooses to issue a change order as set out at <br />23.3.6 above, or to terminate the contract as set out at 23.3.1 above, it shall have access to <br />Contractors documentation used to prepare Contractor's bid when making its determination of <br />the additional compensation due. <br />24. Default and Willful Violation. If the Contractor willfully violates any of the provisions of Sections <br />4.615 to 4.650 of the Eugene Code,1971, or any of the provisions of State law governing public <br />contracts, or if Contractor knowingly files false affidavits of compliance required under paragraph 6, <br />Contractor shall waive for a period of one year any right to bid upon any public improvement project <br />let by City. If Contractor or any of Contractor's subcontractors violates any such provisions or files <br />', any such false affidavits of compliance, or in the event Contractor otherwise fails to perform any of <br />its obligations under this contract, time and quality of performance being of the essence, City may, at <br />its option, terminate this contract upon written notice to Contractor. In the event of a termination of <br />this contract or a subcontract under these provisions, Contractor or the subcontractor, if applicable, <br />', shall forfeit all rights under this contract or the subcontract, as the case may be. The City's claim for <br />damages under paragraph 25 and any other relief available to City resulting from the Contractor's <br />~I breach shall survive a termination of this contract. <br />~~, 25. Liquidated Damages. In the event the Work is not completed by the Completion Date as specified <br />', in paragraph 2, Contractor will pay to City liquidated damages as specified in the bid proposal. The <br />parties believe that due to the costs of bringing an action and the difficulty of establishing the exact <br />amount of damages City will incur, it would be inconvenient and infeasible for City to bring an <br />action for the actual damages it will incur because of Contractors failure to complete the Work by the <br />Completion Date. In order to compensate City for the damages City will suffer because of a delay, <br />', the parties have estimated the amount City would be damaged for every working day completion is <br />delayed. The parties believe that the sum set as liquidated damages is reasonably related to City's <br />', anticipated damages per working day after the Completion Date that the Work is not completed. <br />Contractor will not contest such sum as being other than a true measure of damages in the event those <br />damages become payable under these provisions. <br />Public Improvement Contract (Comp)-Page 9 <br />(Revised April 1998) <br />