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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 PoAution Authority <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 Ap-il 1998) <br />