Orange County NC Website
Browse       Search
6.04 Progress Schedule , <br /> A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 <br /> as it may be adjusted from time to time as provided below. ' <br /> 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph <br /> 2.07) proposed adjustments in the Progress Schedule that will not result in changing the <br /> Contract Times. Such adjustments will comply with any provisions of the General <br /> Requirements applicable thereto. <br /> 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall <br /> be submitted in accordance with the requirements of Article 12. Adjustments in Contract <br /> Times may only be made by a Change Order. ' <br /> 3. Contractor shall submit to the Engineer an adjusted Progress Schedule whenever the <br /> progress of the Work is behind the current, approved Progress Schedule as defined in <br /> paragraph 2.07 A.1 of the Modified General Conditions, or upon the Engineer's request <br /> and whenever the Engineer determines in its discretion that the Work cannot be <br /> substantially complete in the time remaining. The adjusted Progress Schedule must be , <br /> submitted within ten(10) days of Engineer's written request and prior to the Contractor's <br /> next application for payment. <br /> 4. Owner shall have the right to direct a postponement or rescheduling of any date or time ' <br /> for the performance of any part of the Work that may interfere with the operation of <br /> Owner's premises or any tenants or invitees thereof. Contractor shall, upon Owner's ' <br /> request, reschedule any portion of the Work affecting operation of the premises during <br /> hours when the premises are not in operation. Any postponement, rescheduling, or <br /> performance of the Work under this Paragraph 6.04.A.3 may be grounds for an extension ' <br /> of the Contract Times, if permitted under Article 12, and an equitable adjustment in the <br /> Contract Price, if permitted under Article 12 and (i) the performance of the Work was <br /> properly scheduled by the Contractor in compliance with the requirements of the Contract ' <br /> Documents and(ii) such rescheduling or postponement is required for the convenience of <br /> the Owner. <br /> 6.05 Substitutes and "Or-Equals" <br /> A. Whenever an item of material or equipment is specified or described in the Contract Documents <br /> by using the name of a proprietary item or the name of a particular Supplier, the specification or <br /> description is intended to establish the type, function, appearance, and quality required. Unless <br /> the Contract Documents contain a description followed by words reading "or an approved ' <br /> equivalent"or"or approved equal"item or"substitution is permitted,"other items of material or <br /> equipment or material or equipment of other suppliers may not be submitted to Engineer for <br /> review. If the description contains or is followed by words reading"or an approved equivalent" <br /> or"or approved equal" item or"substitution is permitted," other items of material or equipment <br /> or material or equipment of other suppliers may be substituted to Engineer for review under the <br /> circumstances described below. , <br /> 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment <br /> proposed by Contractor is functionally equal to that named and sufficiently similar so that <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright(D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 30 of 81 <br />