EXHIBIT 2-2-C PROGRESS SCHEDULES

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1 EXHIBIT 2-2-C PROGRESS SCHEDULES PART 1 GENERAL 1.01 SUMMARY A. The work specified in this section consists of furnishing transportation, labor, materials, equipment and incidentals necessary for preparation, submittal, and updating of the progress schedules and reports. B. The Design-Builder shall develop and maintain a resource integrated scheduling system for this Contract. Planning, scheduling, management, and execution of the work in accordance with Contract Documents are the sole responsibility of Design- Builder. Whenever the term schedule is used in this section it shall mean Critical Path Method (CPM) schedule RELATED REQUIREMENTS Not used REFERENCE A. Construction Planning & Scheduling Manual by the Associated General Contractors of America 1.04 MEASUREMENT AND PAYMENT A. Not Applicable 1.05 DEFINITIONS A. The following definitions shall apply to these Technical and Special Provisions: 1. Activity A task that is a definable part of the overall project. The task must be performed in order to complete the work defined in the Contract. An activity has interrelationships, and is measurable by resource and time. 2. Accepted Appears to meet the requirements of the Contract. Schedule submittal will be returned to the Design-Builder marked No Exceptions Taken. 3. Baseline Schedule The initial Critical Path Method (CPM) schedule submitted by the Design-Builder based upon a reasonable sequence of logical activities, which represents the Design-Builder s plan for the execution of the work. 1

2 4. Change Order A document directing modification to the Contract documents that must be approved by the Port before it becomes an authorized change to the Contract and incorporated into the schedule. 5. Concurrent Delay Two or more critical path activity delays that occur during the same time period. 6. Contract Completion Date The date the Design-Builder is contractually obligated to complete the work of the Contract, including any authorized time extensions. 7. Contract Duration The number of calendar days stipulated in the Contract documents in which the Port requires the work to be performed. 8. Design-Builder Delay A delay extending the time required to complete an activity, caused by and within the control of the Design-Builder, subcontractors at any tier or suppliers. 9. Critical Path The sequence of activities yielding the longest path in a CPM schedule. 10. Critical Path Method (CPM) A schedule network of all work to be performed under the Contract that has been defined and organized by activities. 11. Data Date The day after the Month End Cut-Off, through which progress updates will be calculated. Everything occurring earlier than the data date is actual work completed and everything on or after the data date is work planned to be completed. 12. Early Completion Date The Design-Builder s scheduled completion date precedes the Contract Completion date. 13. Fragnet A section or fragment of the network diagram comprising a group of activities used to illustrate changes and impact to the whole network. 14. Level of Effort or Hammock An aggregate or summary activity spanning two or more activities and reported at a summary level. 15. Look-Ahead Schedule A weekly schedule indicating the previous week s work and the work planned for the next two weeks. This is in greater detail than the network schedule. The Look-Ahead schedule shall conform to the current Updated Schedule. 16. Milestone A marker in a schedule network, which is typically used to mark a point in time or denote the beginning or end of a sequence of activities. A milestone is linked with other scheduled activities via logic ties. A milestone has zero duration, no resources, and no quantities. 2

3 17. Month End Cut-Off The last calendar day of the month or a day negotiated at the pre-construction meeting. 18. Narrative Report A written text report that addresses the project status, resources and issues. The narrative shall include appropriate details to address the following as needed: project progress, potential problem areas, current and anticipated delaying factors and their impact, actions taken or proposed, proposed changes in schedule logic, extension or contraction of activities, proposed addition or deletion of activities, explanation for changes in the critical path, explanation for changes in scheduled completion date, out of sequence work, and other topics related to job progress or scheduling. 19. Negative Float Having a net negative float condition. 20. Recovery Schedule The Design-Builder s plan to bring the Contract work back on schedule. This revised CPM schedule may require additional manpower and equipment. 21. Resource The labor and equipment required to complete an activity. 22. Resource Dictionary Defines the resources used in the schedule, including description, units, and normal and maximum number of units. Resources are assigned to each activity from the Resource Dictionary. 23. Revised Baseline Schedule Incorporates revisions to the baseline schedule subject to the Approval of the Port. 24. Schedule Completion Date The Design-Builder's scheduled completion date as shown on the baseline schedule or the updated schedule. 25. Time Impact Analysis Provides guidelines and methods to access and quantify the effects of an unplanned event or events on the Contract Completion Date or required interim milestone completion dates. 26. Total Float The amount of time that an activity may be delayed without delaying the Contract Completion Date. 27. Free Float The amount of time that an activity may be delayed without affecting any subsequent activities. 28. Updated Schedule The most current schedule in effect, which incorporates actual progress and sequence of activities to date, projected completion dates and proposed logic changes for future work, and approved change orders and/or time extensions SUBMITTALS A. Schedule submittals shall be clear, neat, legible, and reproducible. These documents shall include a narrative explaining the schedule, a color bar chart, and time-scaled 3

4 network diagram. Tabular reports shall be printed on Letter-Size (8.5 inch by 11 inch) paper. Hardcopy scheduling submittals shall consist of six color copies of the schedule (size 11 inch by 17 inch) and tabular reports, unless noted otherwise. All schedules, except the Look-Ahead Schedule, shall be backed up via CD-RW disk format and submitted to the Port. B. The schedules, tabular reports and narratives shall include the contract name, specification number, Data Date, file name, and date of the submittal on each page. C. The Design-Builder shall re-submit all revised schedules and tabular reports within seven (7) calendar days after receipt of Port s response if the Port requires change and/or information. D. The Design-Builder shall maintain a continuously updated schedule using the scheduling software as directed by the Port. All updates shall be available to the Port. E. The following is a summary of the submittal requirements. The details of each submittal requirement are discussed at length in the respective sections. 1. Scheduler s qualifications including resume shall be submitted with four (4) professional references within fifteen (15) calendar days of conditional award. 2. Preliminary 120-Day Schedule, including mobilization, all submittals, and equipment procurement activities, shall be submitted at the Pre-Construction Meeting. 3. A list of non-work days, which include holidays and weather days, shall be submitted at the Pre-Construction Meeting. 4. Baseline Schedule shall be submitted within thirty (30) calendar days of NTP1. 5. Look-Ahead Schedules and Updated Schedules shall be submitted weekly and monthly respectively using the scheduling software. a) Look-Ahead Schedules and tabular reports shall be formatted as requested by the Port and submitted for the weekly progress meetings. b) Updated schedules, tabular reports, and narratives shall be submitted by the end of the month for the month-end review. 6. Fragnets shall be submitted at the request of the Port if the Design-Builder is delayed in execution of work as indicated by negative float, or when the Updated Schedule no longer appears to represent actual execution of work. 7. Final As-Built Schedule shall be submitted within thirty (30) calendar days of substantial completion of the Contract. 8. Written narratives shall be submitted with every updated schedule submittal. 4

5 1.07 QUALITY ASSURANCE The narratives shall stand alone with sufficient detail to explain the Design- Builder s schedule submittal. A. A scheduler shall be employed by the Design-Builder and shall have a minimum of five (5) years of experience using Primavera scheduling software, two years of which must be using P6. B. If the Design-Builder does not have a scheduler on staff, the Design-Builder shall submit for Acceptance, a consultant scheduler fulfilling the outlined qualifications for the duration of the Project. C. The scheduler provided by the Design-Builder shall cooperate with the Port and shall be available for the purpose of continuously monitoring, reporting, and maintaining the Design-Builder's schedule. D. Within fifteen (15) calendar days of conditional award, the Design-Builder shall submit to the Port the scheduler's qualifications including resume of experience as a construction project scheduler, and at least four professional references that have had experience with the individual as a construction project scheduler. The Port has the right to reject the scheduler. E. If the Port rejects the scheduler proposed by the Design-Builder, the Design-Builder shall, within seven (7) calendar days, provide another scheduler who meets the experience requirements stated herein. PART 2 PRODUCTS 2.01 SOFTWARE A. The Design-Builder shall use Primavera Project Planner P6 the latest version as directed by the Port, for the resource integrated scheduling system. PART 3 EXECUTION 3.01 MEETING REQUIREMENTS A. The Design-Builder s Scheduler shall attend the following: 1. Pre-Construction Meeting 2. Weekly Progress Meetings 3. Month-End Updated Schedule Meetings 5

6 4. Other Scheduling Meetings as required by the Port 3.02 SCHEDULE REQUIREMENTS A. The work shall be scheduled to show the completion of the Contract within the Completion Deadlines. B. Schedule start date shall be NTP1. C. The Design-Builder shall establish project specific calendars for the work. At the Pre-Construction Meeting, the Design-Builder shall provide a list of non-work days, which include holidays and weather days. D. The Design-Builder shall submit tabular reports detailing the Predecessors and Successors and a report sorted by Total Float with every schedule submittal except the weekly Look-Ahead Schedule. Basic schedule and tabular reporting templates will be submitted by the Design-Builder for Acceptance at the Pre-Construction Meeting. E. All out of sequence logic conditions shall be corrected by adding new activities and relationships as opposed to deleting activities. Alternative approaches to correcting out of sequence activities shall be submitted and accepted by the Port prior to incorporating such corrections into the schedule. F. Activities shall not be deleted from the schedule. If the scope of work associated with an Activity has been removed through a Change Order, the Design-Builder shall set the Activity s duration to zero, change the status to complete, and add DELETE to the description. G. The Design-Builder shall establish the Resource Dictionary. The Resource Dictionary shall include labor and equipment. Labor may be represented by work crews, labor classifications, and/or individual names. If utilizing work crews, the composition of each crew shall be detailed and included as an appendix to the Baseline narrative report. H. Failure to include any element of work required for performance of this Contract in the Preliminary 120-Day Schedule, Baseline Schedule, the Updated Schedule, or Revised Baseline Schedule will not excuse the Design-Builder from completing work required to achieve Completion Deadlines, notwithstanding Acceptance of Schedule submittals. I. Schedule submittals shall not be used to notify the Port of owner caused delays or to request additional contract time. Formal notice and requests are required per applicable contract provisions. The Port s Acceptance of a schedule that shows work being performed later than the Contract Completion Date shall not be construed as approval to extend the contract time. 6

7 3.03 ACTIVITY REQUIREMENTS A. A critical path activity shall be defined as a current activity located on the longest path Not more than 50% of activities in the schedule can be critical or near critical. Near critical being defined as having a float value of five (5) days or less. The Design-Builder shall submit any proposed constraints in the schedule to the Port for Approval. B. Schedule activities shall be cost and resource loaded. Resource loading shall include all major equipment and hours for each resource. The Resource Dictionary shall be used to assign the required resources to each activity. There shall be no more than one driving resource per activity. All schedules shall be scheduled and resource leveled using the driving resources. The activity ID numbering, scope of work, and descriptions of activities shall remain the same as the Accepted Baseline. C. The sum of all cost loaded activities shall equal the current Contract Price. D. Activity descriptions shall briefly convey scope and location of work indicated. The description shall consist of a Verb or work function (e.g.; form, pour, excavate), an Object (e.g.; slab, footing), and Area (e.g.; bent 200, northeast corner). E. The schedules shall reflect any owner activities such as review times and third party activities. F. The work activities shall be subdivided to identify the staging of construction through the use of coding structure within P6. The coding structure can use either the Work Breakdown Structure (WBS) or Activity Code structures and shall subdivide Area, Sub-Area, Discipline, Stage, Phase, and reference to Sheet and Spec sections. G. Work activities shall have duration of fifteen (15) calendar days or less, except for non-construction activities such as management, design, procurement of materials and/or fabrication of equipment, unless otherwise Approved by the Port. No work activity shall have an associated cost over $500,000, unless otherwise Approved by the Port. H. Should a work activity require more than fifteen (15) calendar days, it shall be subdivided to appropriate work activities. The Port reserves the right to require more detailed sequences of work activities as deemed necessary to review the schedule or monitor the Work. I. With the exception of the first (start) and the last (finish) milestone activities, all other activities shall be logically tied to appropriate predecessors and successors. J. The Contract milestones dates and any Port furnished equipment availability date, as described in the Contract Documents, shall be unique zero duration activities containing corresponding dates and logic ties. These activities shall be designed as either "start" or "finish" milestones. Each milestone activity shall constrain its dependent Work. Calculation of constraint dates for milestones shall assume NTP1 is given at day zero. 7

8 K. Leads or lags shall not be used when the creation of an activity will perform the same function (e.g. concrete cure time). Lag durations shall not have a negative value. The use of interrelation constraints such as leads and lags on activities shall be explained in the Narrative and submitted to the Port. L. Use of Mandatory Start or Finish Constraints, Start On, Expected Finish and Zero Total Float Constraints shall not be used in the Baseline Schedule, Revisions, Recovery Schedule, or Updated Schedules without the approval of the Port REQUIRED ACTIVITIES A. In addition to work activities, the following activities and/or milestones shall be included in the schedules: 1. Notice to Proceed. 2. Mobilization FILE STRUCTURE 3. Procurement of critical materials and equipment. 4. Submittals and submittal review periods. 5. Time related to furnishing products and materials with long lead times. 6. Lead time related to utility services including, but not limited to, connection periods. 7. Completion Deadlines A. The coding structure can use either the Work Breakdown Structure (WBS) or Activity Code structures and shall subdivide Area, Sub-Area, Discipline, Stage, Phase, responsibility (i.e., owner, Design-Builder, subcontractor, or third-parties such as utility companies ) and reference to Sheet and Spec sections. B. Activity codes, activity IDs, resource accounts, as well as some report formats shall be developed by the Design-Builder and Approved by the Port. C. The Design-Builder is responsible for establishing detailed activities, activity duration, resource loading, and sequencing of Work in developing the schedule submittals as defined by this specification. D. Design-Builder shall maintain activity codes, resource accounts, activity ID codes, and report specifications on schedule submittals WEATHER Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

9 A. Delete Special Condition SC-9 Weather Delays Caused by Rain in its entirety. B. The Design-Builder shall build into the schedule sufficient time for seasonally anticipated weather delays. A minimum of 15 Weather Delay Days per year shall be allocated in the Baseline schedule for anticipated weather delays. The Design- Builder shall allocate anticipated Weather Delay Days in one of the following options: 1. Allocate on a monthly basis the number of weather delay days anticipated to those activities in the month most likely to be impacted by weather The Design-Builder shall clearly define all activities with increased durations due to anticipated weather delays within the Baseline narrative. When the number of actual weather delay days exceeds the amount originally anticipated in a month, Weather Delay Days shall be re-allocated from future months to account for the difference. Any unused anticipated Weather Delay Days in a month shall either be re-allocated into future months, or put into a separate activity in accordance with Option 2 below for future use if necessary. 2. Add a separate activity for the anticipated Weather Delay Days as the final schedule activity. The weather activity shall be on the critical path, a successor to the last work activity, and a predecessor to the contract completion milestone. When an actual weather delay occurs, the delay is incorporated into the affected critical path activities, and the anticipated Weather Delay Day activity is reduced by an equal amount. C. The determination of a qualified weather delay will be a function of locally prevailing conditions to the affected work site. To qualify as a weather delay, the adverse weather must impact a critical path element of the work and the duration must be in excess of four (4) hours. D. On days where adverse weather is encountered, the Design-Builder shall submit a list of all activities that were impacted, and identify which activities were on the critical path. This information shall be submitted at the end of the adverse weather day for the Port s review and approval to incorporate into the schedule as a weather delay. E. When the sum of all weather delays exceeds the total anticipated Weather Delay Days, the Design-Builder may submit a Request for Change Order to extend a Completion Deadline per Book 1, Section TOTAL FLOAT A. Total float is not for exclusive use or benefit of either the Port or the Design-Builder, but is an expiring resource available to both parties on a non-discriminatory basis. Either party is entitled to use the float on a first come first serve basis to meet the Contract s milestones and completion dates. 9

10 B. In the event delays or disruptions impact an already negative float path, the Design- Builder shall not receive a time extension unless, and until, the activity with highest negative float is driven even further negative. C. Pursuant to float sharing requirements of this Section, use of float-suppression techniques such as, but not limited to, preferential sequencing or logic, special lead/lag logic restraints, and extended activity times or durations is prohibited. Use of float time disclosed or implied by use of alternate float suppression techniques shall be shared to the proportionate benefit of the Port and the Design-Builder. The use of any network technique solely for the purpose of suppressing float will be cause for rejection of schedule submittal TIME IMPACT ANALYSIS A. The Design-Builder shall submit to the Port a stand-alone fragmented network schedule (fragnet), excluding all unaffected activities, if the latest forecast completion dates of any milestone is, or will be, changed by Change Order activity, Change Order request, request for quote, or other alleged owner caused delays. Each fragnet submitted shall be provided in P6 format on compact disk. B. Submittal shall show activities affected, date(s) delay or disruption occurred, or impacted productivity rates, and unmitigated impact(s) to schedule resulting from delay or disruption. C. The Design-Builder shall submit, at the Port s request, a similar fragnet showing the Design-Builder s plan to mitigate delay or disruption and subsequent impact(s) to schedule. Submission of such fragnets does not constitute permission to proceed with plan. D. The Design-Builder shall provide written narrative describing circumstances that caused the delay or disruption, and methodology used to determine extent of delay or disruption. E. Activities of revised portion(s) of schedule shall be properly connected to, and constrained by, previously existing predecessor and successor activities, as applicable. Band impacted activities in separate networks (fragnets), indicating specific delay or impact issue, and submit to the Port for review. F. The Design-Builder shall combine the reviewed and accepted fragnets into the Updated Schedule. The Port will review aggregate impact to the critical path NARRATIVES A. Narratives prepared by the Design-Builder shall include sufficient detail to explain the specific submittal. B. The Preliminary 120-Day Schedule narrative shall address the Design-Builder s approach to mobilization, procurement, and construction during the first 120 calendar 10

11 days including crew sizes by craft labor categories, equipment and material delivery, site access, submittals and permits. C. The Baseline Schedule narrative shall address the Design-Builder s approach to executing the scope of work including procurement, long lead items, third party coordination, equipment, materials, site access, interrelation activity constraints such as leads and lags, potential problem areas, weather sensitive activities, submittals, and permits throughout the duration of the project. D. The Updated Schedule narratives shall address the following: 1. The narrative shall state work that is actually completed and reflect progress along critical path in terms of days ahead of or behind allowable dates. 2. If the Updated Schedule indicates an actual or potential delay to the Completion Deadlines, the Design-Builder shall identify the causes of delay(s), disruptions, or interruptions. The Design-Builder s narrative shall also provide an explanation of work affected and proposed corrective action to meet Completion Deadlines involved or to mitigate potential delays or disruptions. 3. The narrative shall discuss added change order work. 4. The Updated Schedule narrative shall address the basis for the following changes subsequent to the latest Updated Schedule: scope, activity, logic, activity duration, calendars and resources. E. The Fragnet narratives shall address, at a minimum, the circumstances that caused delay or disruption, and the methodology used to determine extent of delay or disruption. F. The final As-built schedule narrative shall address the basis for all logic or activity duration changes from the Baseline or the latest Revised Baseline Schedule to the As- Built Schedule SCHEDULE TYPES A. Preliminary 120-Day Schedule: 1. A Preliminary 120-Day Schedule shall be submitted to the Port at the Pre- Construction meeting. 2. The data date of the schedule shall be the date of NTP1. 3. The Preliminary 120-Day Schedule shall contain a bar chart of activities that will or may affect milestone completion dates including planning, mobilization, submittals, procurement, fabrication, and construction during first 120 calendar days after NTP1. It shall also identify activities and milestones that will or may affect or be affected by the activities of others. 11

12 4. At the Pre-Construction meeting, the Design-Builder shall be prepared to review and discuss the schedule and sequence of operations including: cost and resource loading methodology; as-built schedule development and maintenance; procedures of updating and revisions; and required submittals as specified in this Section. The Design-Builder shall describe the Design- Builder's approach for meeting required Completion Deadlines, as specified by the Contract. As a minimum, the Design-Builder shall include the following: basis and assumptions used in preparing submittal (such as crew sizes, equipment requirements, anticipated delivery dates, etc), constraints, critical path activities, production rates, activities requiring overtime and/or additional shifts, activities containing time contingencies for impacts to be expected, potential problem areas, permits, coordination, and long lead delivery items (greater than 30 calendar days from order to delivery). B. Baseline Schedule: 1. The Baseline Schedule shall contain the Design-Builder's detailed activities and sequencing for all work included in this Contract from NTP1 through Final Acceptance. The Design-Builder shall assign unique activity identification for each detailed activity. It is essential that the Baseline Schedule present a clear understanding of the staging of construction. This shall be reflected in the coding structure in the schedule. The Design-Builder shall, unless directed otherwise by the Port, use the Baseline Schedule as target for required comparisons to the current updates in tabular reports, bar charts, physical progress curves or any other comparisons requested by the Port. 2. The Baseline Schedule activities shall indicate the Design-Builder's best estimate for original durations, early dates, late dates, logic ties, constraint dates, and total float. Activities shall be scheduled in the sequence the Design-Builder intends to perform the work. 3. The Baseline Schedule shall contain the activity sequence for major material and equipment procurement, including submittal preparation, reviews by the Port and others, fabrication, and delivery. Procurement items that may contain multiple submittals occurring at different times shall be divided into separate activity sequences that can be tracked on an individual basis. 4. Activities shall include the Contract deliverables, such as submittal and approval of design documents, permit applications, material samples, Shop Drawings, Working Drawings, Resumes, Inspection and Test Plans, Safety and Security Plans. Activities that may affect progress shall be reflected, as well as those of affected utility companies and other similarly involved third parties. Any such activities set forth in the Contract Documents shall be reflected on the Baseline Schedule. 5. Once the Baseline Schedule is Accepted by the Port, it shall become the basis for the Updated Schedule. 12

13 C. Updated Schedule: 1. The Design-Builder shall prepare a duplicate of the Accepted Baseline Schedule. The original Accepted Baseline Schedule shall be archived by the Design-Builder, and the duplicate schedule shall be used to prepare the first Updated Schedule. 2. On a monthly basis, the Updated Schedule shall be submitted with the Data Date agreed to by the Port and the Design-Builder. 3. The schedule shall be updated to include all work and progress up to and including the Data Date. 4. Schedules shall be calculated using the progress override option as opposed to the retained logic option. 5. The Updated Schedule shall detail progress based on actual start and finish dates for activities either in progress or completed, and the percent of work completed to date on each activity started but not yet completed. 6. The Design-Builder shall respond to all comments or questions from the Port s month end review within five (5) calendar days. The Design-Builder shall also include these responses in the current Updated Schedule narrative. 7. The Design-Builder shall obtain the Port's prior approval before making deviations in logic and activity durations between the Updated Schedule and the Baseline Schedule or between the Updated Schedule and the Adjusted Baseline Schedule defined in this Section. 8. The Design-Builder and Design-Builder s Scheduler shall attend a month-end Updated Schedule meeting to be held seven (7) calendar days prior to the month-end Data Date. At these meetings, the Design-Builder must be able to discuss the project status using the scheduling software. This will include actual start and actual finish dates for activities either in progress or completed, remaining durations of activities in progress, percent complete of resource loaded activities, logic changes, new or deleted activities, and new change orders. 9. The Design-Builder shall submit to the Port a Recovery Schedule at the sole expense of the Design-Builder if the Design-Builder s Updated Schedule indicates negative float and there are no pending requests for additional contract time. 10. The Updated Schedule will be subject to rejection and re-submittal if it no longer appears to represent the actual execution of work. 11. Once the Updated Schedule is Accepted by the Port, it shall become the basis for the next Updated Schedule. The Design-Builder shall prepare a duplicate of the current Accepted Updated Schedule. The original Accepted Updated 13

14 Schedule shall be archived by the Design-Builder, and the duplicate schedule shall be used to prepare the next month s Updated Schedule. D. Look-Ahead Schedule 1. On a weekly basis, the Design-Builder shall submit from the current Accepted Baseline or Updated Schedule, using the Approved scheduling software; a Look-Ahead Schedule covering actual work accomplished during previous week and planned work for current and subsequent two weeks. 2. The Look-Ahead Schedule shall include activity I.D. numbers and indicate which activities are on the critical path. E. Revised Baseline Schedule: 1. The original Baseline Schedule shall only be revised upon approval or direction of the Port. 2. The Design-Builder shall, unless directed otherwise by the Port, use the Revised Baseline Schedule as the target for required comparisons in tabular reports, bar charts, and cash flow and physical progress curves, or any other comparisons requested by the Port. 3. The Design-Builder shall use the Revised Baseline Schedule for the purposes of subsequent Updated Schedules once the Approved revisions have been made. F. As-Built Schedule: 1. Submit a final As-Built Schedule covering all work performed under this Contract within thirty (30) calendar days after Substantial Completion of the work. 2. The As-Built Schedule specified herein shall be based upon the actual dates, activity durations and logic relationships as they occurred without leads or lags to reflect as-built construction sequencing. The As-Built Schedule shall have a data date as of the date of Notice to Proceed. 3. Submittal of the As-Built Schedule shall be a condition precedent to the release of retained monies and final payment by the Port SCHEDULE REVIEW AND COMPLIANCE A. The Port s review of the schedule submittals shall not relieve the Design-Builder from the responsibility for any variation from the requirements of the Contract Documents unless the Design-Builder has, in writing, called the Port s attention to such variation at the time of submission and the Port has given written approval of each such variation. Nor shall any approval by the Port relieve the Design-Builder from responsibility for compliance with any provision of the Contract, except as specifically Approved with respect to such variation. 14

15 B. If, in the opinion of the Port, the schedule (1) does not accurately reflect the Design- Builder s actual or anticipated progress or work plan or, (2) cannot be used to effectively evaluate the Design-Builder s progress or, (3) is not in compliance with this Section and other parts of the Contract, it will be returned to the Design-Builder for corrections and clarification. The Design-Builder shall make the necessary corrections and resubmit, or shall respond in detail to the Port s comments with reasonable explanation why such corrections or clarifications should not be required. C. The Design-Builder shall comply with ALL of the requirements of this Section. Noncompliance with any of the requirements of this Section may result in one or more of the following: 1. The Port will withhold up to 10% of the monthly progress payment as additional retention until all deficiencies have been corrected. This additional retention may be withheld until Final Acceptance of the Contract. 2. The Port will withhold the entire monthly progress payment until all deficiencies have been corrected. 3. The Port will hire an independent scheduler and deduct the cost of the scheduler from the Design-Builder s progress payments. 4. Liquidated damages in the amount of $300 per calendar day will be assessed for every day of non-compliance with the requirements of this section. 15

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