Common use of Time Impact Analysis Clause in Contracts

Time Impact Analysis. Developer shall submit to TxDOT a written time impact analysis (TIA) in each of the following situations: a) As part of a PCO notice based on a delay as set forth in the Contract Documents. b) If any changes in a schedule update impact the Critical Path, such that they create an extension of the Substantial Completion date beyond the Substantial Completion Deadline. c) If Developer has claim for delay. Developer shall submit a separate TIA for each delay event. TxDOT may request, at any time, a TIA demonstrating impact or potential impact to the schedule resulting from claimed delays or Change Orders that are being negotiated between TxDOT and Developer. If TxDOT requests a TIA, Developer shall submit the requested TIA within 15 Business Days of receiving the request. TxDOT will return the TIA to Developer as approved or not approved with comments to be incorporated for resubmission within 5 Business Days of receipt by Developer. The Submittal process shall be repeated until receiving TxDOT Approval of the Submittal. Submission of a TIA does not relieve Developer of complying with all contractual requirements regarding notification and documentation of potential Change Orders. Time extensions will only be considered if: a) The delay event is demonstrated to affect the controlling operation on the Critical Path. Changes that do not affect the Critical Path will not be considered as the basis for a time adjustment. b) The total Float is absorbed and the scheduled Completion Deadline is delayed one or more Business Days because of the change or impact. c) In the case of multiple lines of negative Float, the change or delay must cause the affected path to exceed all others before a time extension will be granted. Each TIA submitted by Developer shall consist of the following steps or elements: a) Establish the status of the Project before the impact by using the most recent schedule update that has the closest data date prior to the event for TIA, or as adjusted by mutual agreement. b) Identify the impact event, estimate duration of the impact, determine appropriate logic, and insert the impact activity or fragnet of activities into the schedule. c) Demonstrate any resulting effects from the impact through layouts generated from the scheduling software. Filter activities to show added or modified activities and activities impacted from changes. Note any other changes made to the schedule including modifications to the calendars or constraints. d) If the current Project baseline schedule update is revised subsequent to Submittal of a TIA but prior to its acceptance, promptly indicate, in writing, to TxDOT the need for any modification to its TIA. Developer shall submit the following with each TIA Submittal: a) A narrative report which: • Identifies the schedule update(s) used for analysis. • Describes the procedures used to analyze schedule impacts, including: - Additions, deletions, or modification to activities and/or fragnets - Modifications to the calendars or constraints - Modifications to relationships • Describes the impact or potential impact by comparing Work prior to the impact and Work affected or predicted to be affected after the impact. • Describes mitigation efforts taken to date. • Describes potential resolutions to mitigate or avoid impact. b) Schedule layouts in PDF file format. Filter activities to clearly show impacted activities and effects to the Critical Path. Multiple layouts may be required to adequately demonstrate the impact to the Critical Path. At a minimum, provide a layout demonstrating associated activities prior to the impact and a layout demonstrating associated activities after the impact is inserted in the schedule and the schedule is progressed. c) One electronic copy in native software of the impacted PBS. d) Other information or documentation pertinent to the analysis. Incorporation of TIA activities into the current schedule update Submittal requires TxDOT Approval.

Time Impact Analysis. Developer Whenever Design-Builder submits a request for an adjustment of the Contract Time for completion for changes or alleged delays, Design-Builder shall also submit to TxDOT a written time impact analysis complete Time Impact Analysis (TIA) in each of the following situations: a) As part of a PCO notice based on a delay as set forth in the Contract Documents. b) If any changes in a schedule update impact the Critical Path, such that they create an extension of the Substantial Completion date beyond the Substantial Completion Deadline. c) If Developer has claim for delay). Developer shall submit a separate TIA for each delay event. TxDOT may request, at any time, a TIA demonstrating impact or potential impact to the schedule resulting from claimed delays or Change Orders that are being negotiated between TxDOT and Developer. If TxDOT requests a TIA, Developer Design-Builder shall submit the requested TIA for review within 15 Business seven (7) Days of receiving after the request. TxDOT The Trustees will return not grant time extensions unless substantiated by the TIA, and then not until the Project float becomes zero. If Design-Builder fails to submit a TIA within the aforementioned time specified, then the Trustees shall deem that Design-Builder agreed that there is no time impact and that Design-Builder has irrevocably waived its rights to Developer as approved any additional Contract Time. Design-Builder shall ensure that each TIA provides information justifying the request and stating the extent of the adjustment requested for each specific change or not approved with comments to be incorporated for resubmission within 5 Business Days of receipt by Developeralleged delay. The Submittal process Each TIA shall be repeated until receiving TxDOT Approval of in the Submittal. Submission of a TIA does form and content acceptable to the Construction Administrator, and shall include, but not relieve Developer of complying with all contractual requirements regarding notification and documentation of potential Change Orders. Time extensions will only be considered iflimited to, the following: (a) The delay event is demonstrated a fragmentary critical path method type network (Fragnet) illustrating how Design-Builder proposed to affect the controlling operation on the Critical Path. Changes that do not affect the Critical Path will not be considered as the basis for a time adjustment. b) The total Float is absorbed and the scheduled Completion Deadline is delayed one or more Business Days because of incorporate the change or impact.alleged delay into the current Monthly Baseline Schedule, and c(b) In identification of activities in the case of multiple lines of negative Float, current Monthly Baseline Schedule which are proposed to be amended due to the change or alleged delay, together with estimates and other appropriate data justifying the proposal. Design-Builder shall determine the TIA based on the date or dates when the change or changes were issued or the date or dates when the alleged delay must cause the affected path to exceed all others before a time extension will be grantedor delays began. Each TIA submitted by Developer shall consist of the following steps or elements: a) Establish the The status of the construction Project before and TIA shall include event time computations for all affected activities including, but not limited to, Work around sequencing or recovery options to maintain the original Contract completion date. The Construction Administrator may require that Design-Builder provide the TIA in order to demonstrate the time impact by using upon the most recent schedule update that has overall Project and the closest data date prior time for completion, at no additional cost to the event for Trustees. If the Construction Administrator finds, after review of the TIA, or as adjusted by mutual agreement. b) Identify that Design-Builder is entitled to any extension of time for completion, the impact event, estimate duration of Construction Administrator will adjust the impact, determine appropriate logicContract Time for completion accordingly, and insert Design-Builder shall then revise the impact activity or fragnet of activities into the scheduleMonthly Baseline Schedule accordingly. c) Demonstrate any resulting effects from the impact through layouts generated from the scheduling software. Filter activities to show added or modified activities and activities impacted from changes. Note any other changes made to the schedule including modifications to the calendars or constraints. d) If the current Project baseline schedule update is revised subsequent to Submittal of a TIA but prior to its acceptance, promptly indicate, in writing, to TxDOT the need for any modification to its TIA. Developer shall submit the following with each TIA Submittal: a) A narrative report which: • Identifies the schedule update(s) used for analysis. • Describes the procedures used to analyze schedule impacts, including: - Additions, deletions, or modification to activities and/or fragnets - Modifications to the calendars or constraints - Modifications to relationships • Describes the impact or potential impact by comparing Work prior to the impact and Work affected or predicted to be affected after the impact. • Describes mitigation efforts taken to date. • Describes potential resolutions to mitigate or avoid impact. b) Schedule layouts in PDF file format. Filter activities to clearly show impacted activities and effects to the Critical Path. Multiple layouts may be required to adequately demonstrate the impact to the Critical Path. At a minimum, provide a layout demonstrating associated activities prior to the impact and a layout demonstrating associated activities after the impact is inserted in the schedule and the schedule is progressed. c) One electronic copy in native software of the impacted PBS. d) Other information or documentation pertinent to the analysis. Incorporation of TIA activities into the current schedule update Submittal requires TxDOT Approval.

Time Impact Analysis. Developer shall submit to TxDOT a written time impact analysis (TIA) in each of the following situations: a) As part of a PCO notice based on a delay as set forth in the Contract Documents. b) If any changes in a schedule update impact the Critical Path, such that they create an extension of the Substantial Completion date beyond the Substantial Completion Deadline. c) If Developer has claim for delay. Developer shall submit a separate TIA for each delay event. TxDOT may request, at any time, a TIA demonstrating impact or potential impact to the schedule resulting from claimed delays or Change Orders that are being negotiated between TxDOT and Developer. If TxDOT requests a TIA, Developer shall submit the requested TIA within 15 Business Days of receiving the request. TxDOT will return the TIA to Developer as approved or not approved with comments to be incorporated for resubmission within 5 Business Days of receipt by Developer. The Submittal process shall be repeated until receiving TxDOT Approval of the Submittal. Submission of a TIA does not relieve Developer of complying with all contractual requirements regarding notification and documentation of potential Change Orders. Time extensions will only be considered if: a) The delay event is demonstrated to affect the controlling operation on the Critical Path. Changes that do not affect the Critical Path will not be considered as the basis for a time adjustment. b) The total Float is absorbed and the scheduled Completion Deadline is delayed one or more Business Days because of the change or impact. c) In the case of multiple lines of negative Float, the change or delay must cause the affected path to exceed all others before a time extension will be granted. Each TIA submitted by Developer shall consist of the following steps or elements: a) Establish the status of the Project before the impact by using the most recent schedule update that has the closest data date prior to the event for TIA, or as adjusted by mutual agreement. b) Identify the impact event, estimate duration of the impact, determine appropriate logic, and insert the impact activity or fragnet of activities into the schedule. c) Demonstrate any resulting effects from the impact through layouts generated from the scheduling software. Filter activities to show added or modified activities and activities impacted from changes. Note any other changes made to the schedule including modifications to the calendars or constraints. d) If the current Project baseline schedule update is revised subsequent to Submittal of a TIA but prior to its acceptance, promptly indicate, in writing, to TxDOT the need for any modification to its TIA. Developer shall submit the following with each TIA Submittal: a) A narrative report which: • Identifies the schedule update(s) used for analysis. • Describes the procedures used to analyze schedule impacts, including: - Additions, deletions, or modification to activities and/or fragnets - Modifications to the calendars or constraints - Modifications to relationships • Describes the impact or potential impact by comparing Work prior to the impact and Work affected or predicted to be affected after the impact. • Describes mitigation efforts taken to date. • Describes potential resolutions to mitigate or avoid impact. b) Schedule layouts in PDF file format. Filter activities to clearly show impacted activities and effects to the Critical Path. Multiple layouts may be required to adequately demonstrate the impact to the Critical Path. At a minimum, provide a layout demonstrating associated activities prior to the impact and a layout demonstrating associated activities after the impact is inserted in the schedule and the schedule is progressed. c) One electronic copy in native software of the impacted PBS. d) Other information or documentation pertinent to the analysis. Incorporation of TIA activities into the current schedule update Submittal requires TxDOT Approval.