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4.02 EXTENSION Or fIME. Should the CON'TRACTOR bt ..elayed in the completion
<br />of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either,
<br />or by other contractors employed by the OWNER, or by changes ordered in the work, or by
<br />strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes
<br />beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies
<br />the delay, then an extension of time shall be allowed for completing the work, sufficient to
<br />compensate for the delay, the amount of the extension to be determined by the ENGINEER,
<br />provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing
<br />of the cause of such delay.
<br />4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
<br />damages resulting from hindrances or delays from any cause (except where the work is stopped by
<br />order of the OWNER) during the progress of any portion of the work embraced in this contract.
<br />In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment
<br />of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the
<br />CONTRACTOR.
<br />5. MEASUREMENT AND PAYMENT
<br />5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
<br />any kind will be allowed, but the actual measured and/or computed length, area, solid contents,
<br />number and weight only shall be considered, unless otherwise specifically provided.
<br />5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and
<br />estimate, is intended to show clearly all work to be done and material to be furnished hereunder.
<br />Where the estimated quantities are shown for the various classes of work to be done and material
<br />to be furnished under this contract, they are approximate and are to be used only as a basis for
<br />estimating the probable cost of the work and for comparing the proposals offered for the work.
<br />It is understood and agreed that the actual amount of work to be done and material to be furnished
<br />under this contract may differ somewhat from these estimates, and that where the basis for
<br />payment under this contract is the unit price method, payment shall be for the actual amount of
<br />such work done and the material furnished.
<br />Where payment is based on the unit price method, the CONTRACTOR agrees that he will
<br />make no claim for damages, anticipated profits or otherwise on account of any differences which
<br />may be found between the quantities of work actually done, the material actually furnished
<br />under this contract and the estimated quantities contemplated and contained in the proposal;
<br />provided, however, that in case the actual quantity of any major item should become as much
<br />as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then
<br />either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the
<br />portion of the work above or below 20% of the estimated quantity.
<br />A"Major Item" shall be construed to be any individual bid item incurred in the proposal that
<br />has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the
<br />basis of the proposal quantities and the contract unit prices.
<br />Any revised consideration is to be determined by agreement between the parties, otherwise
<br />by the terms of this Agreement, as provided under "Extra Work."
<br />5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
<br />equipment and material, and the completion of all work by the CONTRACTOR, and on the
<br />completion of all work and of the delivery of all material embraced in this Contract in full
<br />conformity with the specifications and stipulations herein contained, the OWNER agrees to pay
<br />the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a
<br />part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing
<br />all material and all labor required for the aforesaid work, also for all expense incurred by him, and
<br />for well and truly performing the same and the whole thereof in the manner and according to
<br />this Agreement. G-9 o,, Tex~ Sed-, ASCE 1971
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