Common use of TESTING AND COMMISSIONING Clause in Contracts

TESTING AND COMMISSIONING. 33.1 The Design-Builder will prepare and deliver to the Authority, not less than 365 days before the Target Building Substantial Completion Date, for review under the Review Procedure, a detailed testing and commissioning plan (the "Commissioning Plan") that is consistent with the requirements for testing and commissioning of the Facility identified in the Statement of Requirements and that sets out the commissioning activities the Design-Builder intends to carry out to satisfy this Section 33 and to achieve Substantial Completion of the Building and Substantial Completion of the Project, including: a description of the specific equipment and systems to be tested and commissioned and the associated commissioning requirements, including those to be completed before each of Substantial Completion of the Building and Substantial Completion of the Project; a schedule, related to the Time Schedule, showing the timing of all testing and commissioning activities; and supporting documentation, including as appropriate: (i) design calculations and/or assumptions; and (ii) manufacturer's specifications. 33.2 The Design-Builder will retain a qualified independent commissioning agent (acceptable to the Authority, acting reasonably), to test and commission all equipment and systems in the Facility to demonstrate to the Authority that the Facility equipment and systems, including all major systems, are fully operational and that the Authority may occupy the Facility for its intended use as described in the Statement of Requirements. The commissioning agent will prepare a written report to confirm the foregoing and confirm completion of all commissioning activities before, as applicable, Substantial Completion of the Building or Substantial Completion of the Project. Testing and commissioning will include, among other things, the following: a complete and successful demonstration in real time under full stress conditions for all equipment and systems that require or are provided with redundancy or spare capacity; end to end testing and commissioning of key equipment and systems including but not limited to all equipment, communication systems (wireless communications, intercom, overhead paging, telephones) and door controls; and technical and clinical validation or proper functioning of all equipment and systems and all points of integration between such equipment and systems.

TESTING AND COMMISSIONING. 33.1 The Design-Builder will prepare and deliver to the Authority, not less than 365 days before ’s Representative and the Target Building Substantial Completion Date, for review under the Review Procedure, Authority’s Consultant a detailed testing and commissioning plan (the "“Commissioning Plan"”) that is consistent with the requirements for testing and commissioning of the Facility identified in the Statement of Requirements and that sets setting out the commissioning testing, commissioning, training and other activities the Design-Builder intends to carry out to satisfy this Section 33 and to achieve Substantial Completion of the Building and Substantial Completion of the ProjectCompletion, including: : (a) a description of the specific equipment and systems to be tested and commissioned and the associated commissioning requirements, including those to be completed before each of Substantial Completion of the Building and Substantial Completion of the Project; a schedule, related to the Time Schedule, showing the timing of all testing and commissioning activities; and Completion; (b) supporting documentation, including as appropriate: (i) design calculations and/or assumptions; and; (ii) manufacturer's ’s specifications; (iii) identification of all equipment and systems that require or are provided with redundancy or spare capacity and that will include complete successful demonstration in real time under full stress conditions; (iv) identification of post-disaster requirements and protocols for all equipment and systems to be commissioned; (v) a description of all systems which will be tested and commissioned for integration to other systems; and (vi) a description of all systems and equipment where the Authority’s clinical staff will be required to develop functional scenarios and to test and witness these functional scenarios; (c) a description of the training and education that the Design-Builder intends to provide to the Authority’s staff to enable the Authority to properly utilize the equipment and systems installed in the Facility, including all training and education to be completed before Substantial Completion; (d) the name of the commissioning agent and the names of other persons to be involved in testing, commissioning and training; (e) a description of the Design-Builder’s system for managing records of tests, inspections, quality assurance and training; (f) a general description of the Design-Builder’s transition plans for handover to the Authority of the Facility at Substantial Completion; (g) a schedule, related to the Time Schedule, showing: (i) the timing of all testing and commissioning, training and clinical acceptance testing; (ii) for each requirement of Substantial Completion relating to commissioning (described in Section 44), the date upon which the Design-Builder anticipates achieving the requirement; (iii) a matrix of all equipment and systems, including all integrated equipment and systems, and how they integrate with each other, along with an overview of the procedures that will be followed to demonstrate that integration of all equipment and systems has been and will be achieved; and (iv) the timing and development of the functional scenarios with the Authority’s clinical staff; and (h) any other requirements as set out in Schedule 1 - Statement of Requirements. 33.2 The Commissioning Plan must be reasonable having regard to the requirements of this Section 33 and Schedule 1 - Statement of Requirements, and will be developed and finalized as follows: (a) the Design-Builder will deliver a preliminary draft of the Commissioning Plan to the Authority not less than 12 months before the Target Substantial Completion Date, failing which, the Design-Builder will pay to the Authority by way of liquidated damages and not as a penalty the sum of $2,500 per week for each week or part thereof that the Design-Builder fails to deliver the preliminary draft. If the Design-Builder has not delivered to the Authority a preliminary draft of the Commissioning Plan by the date falling 9 months before the Target Substantial Completion Date, the liquidated damages applicable under this Section 33.2 will increase to $5,000 per week for each week or part thereof that the Design-Builder has not delivered to the Authority the aforementioned preliminary draft; (b) the Authority will provide its comments, if any, on the preliminary draft of the Commissioning Plan to the Design-Builder within 20 Business Days of receipt of the preliminary draft; (c) the Design-Builder will deliver a revised draft of the Commissioning Plan to the Authority not less than 40 Business Days after receipt of the Authority’s comments on the preliminary draft, failing which, the Design-Builder will pay to the Authority by way of liquidated damages and not as a penalty the sum of $5,000 for each week or part thereof after the date falling 40 Business Days after the Authority’s comments were received by the Design-Builder until the Design- Builder has delivered to the Authority a revised draft of the Commissioning Plan; (d) The liquidated damages in Section 33.2(a) and (c) will be the Authority’s sole claim for damages against the Design-Builder for failure to deliver the preliminary draft or the revised draft of the Commissioning Plan by the required dates, as the case may be. The liquidated damages will not relieve the Design- Builder from its obligation to complete the preliminary or revised draft of the Commissioning Plan or from any other duties, obligations or responsibilities of the Design-Builder under this Agreement, and will not limit the Authority’s rights to terminate this Agreement for default of the Design-Builder under this Agreement. The Authority and the Design-Builder agree that the amounts in Section 33.2(a) and (c) represent a genuine pre-estimate of the damages and expenses that the Authority is likely to incur for such failure of the Design- Builder to deliver the preliminary or revised draft of the Commissioning Report, as the case may be, and both parties expressly agree that such amount is not a penalty. The Authority may, in its discretion, either deduct the weekly sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design-Builder under this Agreement or may require payment thereof by the Design-Builder on demand. (e) the Authority will, within 15 Business Days of receipt of the revised draft, advise the Design-Builder whether the Authority accepts the Commissioning Plan, and if the Authority does not accept it the Authority will provide its reasons for such non-acceptance in sufficient detail to allow the Design-Builder to address them; (f) if the Authority does not accept the Commissioning Plan, the parties will, acting reasonably, diligently work together with a view to revising the Commissioning Plan to address the Authority’s reasons for non-acceptance; and (g) if the Authority has not accepted the Commissioning Plan by the date that is 6 months before the Target Substantial Completion Date, the Design-Builder may refer the Dispute for resolution in accordance with Section 63. 33.3 The Design-Builder will retain a qualified independent commissioning agent (acceptable to the Authority, acting reasonably), to test and commission all equipment and systems in the Facility to demonstrate to the Authority that the Facility equipment and systems, including all major systems, are fully operational and that the Authority may occupy the Facility for its intended use as described in the Statement of Requirements. The commissioning agent will prepare a written report to confirm the foregoing and confirm completion of all commissioning activities before, as applicable, before Substantial Completion of the Building or Substantial Completion of the ProjectCompletion. Testing and commissioning will include, among other things, the following: : (a) a complete and successful demonstration in real time under full stress conditions for all equipment and systems that require or are provided with redundancy or spare capacity; ; (b) end to end testing and commissioning of key equipment and systems including but not limited to all medical equipment, communication systems (nurse call, wireless communications, intercom, overhead paging, telephones) and door controls; and (c) technical, clinical and technical and clinical operational validation or proper functioning of all equipment and systems and all points of integration between such equipment and systems.

TESTING AND COMMISSIONING. 33.1 The Design-Builder will prepare and deliver to the AuthorityOwner, not less than 365 180 days before the Target Building Substantial Completion Date, for review under the Review Procedure, a detailed testing and commissioning plan (the "“Commissioning Plan"”) that is consistent with the requirements for testing and commissioning of the Facility identified in the Statement of Requirements and that sets out the commissioning activities the Design-Builder intends to carry out to satisfy this Section 33 and to achieve Substantial Completion of commission the Building and Substantial Completion of the ProjectFacility. The Commissioning Plan will include, including: among other things: (a) a description of the specific equipment and systems to be tested and commissioned and the associated commissioning requirements, including those ; (b) a description of the air tightness test to be completed before each of Substantial Completion of conducted on the Building and Substantial Completion of with respect to the Project; Building’s then current on-Site as-built condition; (c) a schedule, related to the Time Schedule, showing the timing of all testing and commissioning activities; and and (d) supporting documentation, including as appropriate: (i) design calculations and/or assumptionsmanufacturer’s specifications; and (ii) manufacturer's specifications’s manuals for operation and maintenance. 33.2 The Design-Builder will retain a qualified independent commissioning agent (acceptable to the AuthorityOwner, acting reasonably), to test and commission all equipment and systems in the Facility to demonstrate to the Authority Owner that the Facility equipment and systems, including all major systems, are fully operational and that the Authority Owner may occupy the Facility for its intended use as described in the Statement of Requirements. The commissioning agent will prepare a written report to confirm the foregoing and confirm completion of all commissioning activities before, as applicable, before Substantial Completion of the Building or Substantial Completion of the ProjectCompletion. Testing and commissioning will include, among other things, the following: : (a) a complete and successful demonstration in real time under full stress conditions for all equipment and systems that require or are provided with redundancy or spare capacity; ; (b) end to end testing and commissioning of key equipment and systems including but not limited to all equipment, communication systems (wireless communications, intercom, overhead paging, telephones) and door controls; and ; (c) technical and clinical operational validation or proper functioning of all equipment and systems and all points of integration between such equipment and systems; and (d) the completion of an air tightness test.

TESTING AND COMMISSIONING. 33.1 34.1 The Design-Builder will prepare and deliver to the Authority, not less than 365 days before Owner’s Representative and the Target Building Substantial Completion Date, for review under the Review Procedure, Owner’s Consultant a detailed testing and commissioning plan (the "“Commissioning Plan"”) that is consistent with the requirements for testing and commissioning of the Facility identified in the Statement of Requirements and that sets setting out the commissioning testing, commissioning, training and other activities the Design-Builder intends to carry out to satisfy this Section 33 34 and to achieve Substantial Completion of the Building and Substantial Completion of the ProjectCompletion, including: including:‌ (a) a description of the specific equipment and systems to be tested and commissioned and the associated commissioning requirements, including those to be completed before each of Substantial Completion of the Building and Substantial Completion of the Project; a schedule, related to the Time Schedule, showing the timing of all testing and commissioning activities; and Completion; (b) supporting documentation, including as appropriate: (i) design calculations and/or assumptions; and; (ii) manufacturer's ’s specifications.; 33.2 (iii) identification of all equipment and systems that require or are provided with redundancy or spare capacity and that will include complete successful demonstration in real time under full stress conditions; (c) a description of all systems which will be tested and commissioned for integration to other systems; (d) a description of all systems and equipment where the Owner’s staff will be required to develop functional scenarios and to test and witness these functional scenarios; (e) a description of the training and education that the Design-Builder intends to provide to the Owner’s staff to enable the Owner to properly utilize the equipment and systems installed in the Facility, including all training and education to be completed before Substantial Completion; (f) the name of the Commissioning Agent and the names of other persons to be involved in testing, commissioning and training; (g) a description of the Design-Builder’s system for managing records of tests, inspections, quality assurance and training; (h) a general description of the Design-Builder’s transition plans for handover to the Owner of the Facility at Substantial Completion; (i) a schedule, related to the Time Schedule, showing:‌ (i) the timing of all testing and commissioning, training and acceptance testing; (ii) for each requirement of Substantial Completion relating to commissioning, the date upon which the Design-Builder anticipates achieving the requirement; (iii) a matrix of all equipment and systems, including all integrated equipment and systems, and how they integrate with each other, along with an overview of the procedures that will be followed to demonstrate that integration of all equipment and systems has been and will be achieved; and (iv) the timing and development of the functional scenarios with the Owner’s staff; and (j) any other requirements as set out in Schedule 1 - Statement of Requirements.‌‌ 34.2 The Commissioning Plan must be reasonable having regard to the requirements of this Section 34, and will be developed and finalized as follows: (a) the Design-Builder will deliver a preliminary draft of the Commissioning Plan (draft 1) to the Owner at the 60% design stage, which preliminary draft will be based on the draft Commissioning Plan included in the Proposal Extracts; (b) the Design-Builder will deliver an updated draft of the Commissioning Plan (draft 2) to the Owner at the 100% Drawings and Specifications stage, failing which, the Design-Builder will pay to the Owner by way of liquidated damages and not as a penalty the sum of $2,500 per week for each week or part thereof that the Design-Builder fails to deliver draft 2 of the Commissioning Plan;‌ (c) the Owner will provide its comments, if any, on draft 1 and draft 2 of the Commissioning Plan to the Design-Builder within 15 Business Days of receipt of such drafts; (d) the Design-Builder will revise draft 2 of the Commissioning Plan based on the Owner’s comments and deliver a final version of the Commissioning Plan for acceptance by the Owner not less than 15 Business Days after receipt of the Owner’s comments on draft 2, failing which, the Design-Builder will pay to the Owner by way of liquidated damages and not as a penalty the sum of $5,000 for each week or part thereof after the date falling 15 Business Days after the Owner’s comments were received by the Design-Builder until the Design-Builder has delivered to the Owner the final Commissioning Plan;‌ (e) The liquidated damages in Section 34.2(b) and 34.2(d) will not relieve the Design-Builder from its obligation to complete the draft or final version of the Commissioning Plan or from any other duties, obligations or responsibilities of the Design-Builder under this Agreement, and will not limit the Owner’s rights to terminate this Agreement for default of the Design-Builder under this Agreement. The Owner and the Design-Builder agree that the amounts in Section 34.2(b) and 34.2(d) represent a genuine pre-estimate of the damages and expenses that the Owner is likely to incur for such failure of the Design-Builder to deliver draft 2 or the final version of the Commissioning Plan, as the case may be, and both parties expressly agree that such amount is not a penalty. The Owner may, in its discretion, either deduct the weekly sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design- Builder under this Agreement or may require payment thereof by the Design-Builder on demand;‌ (f) the Owner will, within 15 Business Days of receipt of the final version of the Commissioning Plan, advise the Design-Builder whether the Owner accepts the Commissioning Plan, and if the Owner does not accept it the Owner will provide its reasons for such non- acceptance in sufficient detail to allow the Design-Builder to address them; (g) if the Owner does not accept the final version of the Commissioning Plan, the parties will, acting reasonably, diligently work together with a view to revising the Commissioning Plan to address the Owner’s reasons for non-acceptance; and (h) if the Owner has not accepted the Commissioning Plan by the date that is 6 months before the Target Substantial Completion Date, the Design-Builder may refer the Dispute for resolution in accordance with Section 64.‌ 34.3 The Design-Builder will retain a qualified independent commissioning agent (the “Commissioning Agent”) acceptable to the AuthorityOwner, acting reasonably), to test and commission all equipment and systems in the Facility (or to oversee testing and commissioning of specified systems as described in the Statement of Requirements), to demonstrate to the Authority Owner that the Facility equipment and systems, including all major systems, are fully operational and that the Authority Owner may occupy the Facility for its intended use as described in the Statement of Requirements. The commissioning agent Commissioning Agent will prepare a written report to confirm the foregoing and confirm completion of all commissioning activities before, as applicable, before Substantial Completion of the Building or Substantial Completion of the ProjectCompletion. Testing and commissioning will include, among other things, the following: : (a) a complete and successful demonstration in real time under full stress conditions for all equipment and systems that require or are provided with redundancy or spare capacity; ; (b) end to end testing and commissioning of key equipment and systems including but not limited to all equipment, communication systems (wireless communications, intercom, overhead paging, telephones) and door controls; and and (c) technical and clinical operational validation or proper functioning of all equipment and systems and all points of integration between such equipment and systems.

TESTING AND COMMISSIONING. 33.1 The Design-Builder will prepare and deliver to the Authority, not less than 365 days before the Target Building Substantial Completion Date, for review under the Review Procedure, Owner a detailed testing and commissioning plan (the "“Commissioning Plan"”) that is consistent with the requirements for testing and commissioning of the Facility identified in the Statement of Requirements and that sets setting out the commissioning testing, commissioning, training and other activities the Design-Builder intends to carry out to satisfy this Section 33 33.1 and to achieve Substantial Completion of the Building and Substantial Completion of the ProjectCompletion. The Commissioning Plan will include, including: among other things: (a) a description of the specific equipment and systems to be tested and commissioned and the associated commissioning requirements, including those to be completed before each of Substantial Completion of the Building and Substantial Completion of the Project; a schedule, related to the Time Schedule, showing the timing of all testing and commissioning activities; and ; (b) supporting documentation, including as appropriate: (i) detailed method statements and procedures; (ii) design calculations and/or assumptions; (iii) manufacturer’s specifications; (iv) a description of all systems which will be tested and commissioned for integration to other systems; (v) identification of all equipment and systems that require or are provided with redundancy or spare capacity and that will include complete successful demonstration in real time under full stress conditions; and (vi) a description of all systems and equipment where the Owner’s clinical staff will be required to develop functional scenarios and to test and witness these functional scenarios; (c) a description of the training and education that the Design-Builder intends to provide to the Owner’s staff to enable the Owner to properly utilize the equipment and systems installed in the Facility, including all training and education to be completed before Substantial Completion; (d) the name of the commissioning agent and the names of other persons to be involved in testing, commissioning and training; (e) a description of the Design-Builder’s system for managing records of tests, inspections, quality assurance and training; (f) a general description of the Design-Builder’s transition plans for handover to the Owner of the Facility at Substantial Completion; (g) a schedule, related to the Time Schedule, showing: (i) the timing of all testing and commissioning, training and clinical acceptance testing; (ii) manufacturer's specificationsfor each requirement of Substantial Completion relating to commissioning (described in Section 44.2), the date upon which the Design-Builder anticipates achieving the requirement; (iii) a matrix of all equipment and systems, including all integrated equipment and systems, and how they integrate with each other, along with an overview of the procedures that will be followed to demonstrate that integration of all equipment and systems has been and will be achieved; and (iv) the timing and development of the functional scenarios with the Owner’s clinical staff; and (h) any other requirements as set out in Schedule 1 - Statement of Requirements. 33.2 The Commissioning Plan must be reasonable having regard to the requirements of this Section 33 and Schedule 1 - Statement of Requirements, and will be developed and finalized as follows: (a) the Design-Builder will deliver a preliminary draft of the Commissioning Plan to the Owner not less than 6 months before the Target Substantial Completion Date, failing which, the Design-Builder will pay to the Owner by way of liquidated damages and not as a penalty the sum of $2,500 per week for each week or part thereof that the Design-Builder fails to deliver the preliminary draft. If the Design-Builder has not delivered to the Owner a preliminary draft of the Commissioning Plan by the date falling 4 months before the Target Substantial Completion Date, the liquidated damages applicable under this Section 33.2 will increase to $5,000 per week for each week or part thereof that the Design-Builder has not delivered to the Owner the aforementioned preliminary draft; (b) the Owner will provide its comments, if any, on the preliminary draft of the Commissioning Plan to the Design-Builder within 20 Business Days of receipt of the preliminary draft; (c) the Design-Builder will deliver a revised draft of the Commissioning Plan to the Owner not less than 40 Business Days after receipt of the Owner’s comments on the preliminary draft, failing which, the Design-Builder will pay to the Owner by way of liquidated damages and not as a penalty the sum of $5,000 for each week or part thereof after the date falling 40 Business Days after the Owner’s comments were received by the Design- Builder until the Design-Builder has delivered to the Owner a revised draft of the Commissioning Plan; (d) The liquidated damages in Section 33.2(a) and 33.2(c) will be the Owner’s sole claim for damages against the Design-Builder for failure to deliver the preliminary draft or the revised draft of the Commissioning Plan by the required dates, as the case may be. The liquidated damages will not relieve the Design-Builder from its obligation to complete the preliminary or revised draft of the Commissioning Plan or from any other duties, obligations or responsibilities of the Design-Builder under this Agreement, and will not limit the Owner’s rights to terminate this Agreement for default of the Design-Builder under this Agreement. The Owner and the Design-Builder agree that the amounts in Section 33.2(a) and 33.2(c) represent a genuine pre-estimate of the damages and expenses that the Owner is likely to incur for such failure of the Design-Builder to deliver the preliminary or revised draft of the Commissioning Report, as the case may be, and both parties expressly agree that such amount is not a penalty. The Owner may, in its discretion, either deduct the weekly sums in respect of liquidated damages from the Performance Holdbacks or any amounts payable to the Design-Builder under this Agreement or may require payment thereof by the Design-Builder on demand. (e) the Owner will, within 15 Business Days of receipt of the revised draft, advise the Design- Builder whether the Owner accepts the Commissioning Plan, and if the Owner does not accept it the Owner will provide its reasons for such non-acceptance in sufficient detail to allow the Design-Builder to address them; (f) if the Owner does not accept the Commissioning Plan, the parties will, acting reasonably, diligently work together with a view to revising the Commissioning Plan to address the Owner’s reasons for non-acceptance; and (g) if the Owner has not accepted the Commissioning Plan by the date that is four months before the Target Substantial Completion Date, the Design-Builder may refer the Dispute for resolution in accordance with Section 63. 33.3 The Design-Builder will retain a qualified independent commissioning agent (acceptable to the AuthorityOwner, acting reasonably), ) to test and commission all equipment and systems in the Facility to demonstrate to the Authority Owner that the Facility equipment and systems, including all major systems, are fully operational and that the Authority Owner may occupy the Facility for its intended use use, as described in the Statement of Requirements. The commissioning agent will prepare a written report to confirm the foregoing and confirm completion of all commissioning activities before, as applicable, before Substantial Completion of the Building or Substantial Completion of the ProjectCompletion. Testing and commissioning will include, among other things, the following: : (a) a complete and successful demonstration in real time under full stress conditions for all equipment and systems that require or are provided with redundancy or spare capacity; ; (b) end to end testing and commissioning of key equipment and systems including but not limited to all equipment, communication systems (wireless communications, intercom, overhead paging, telephones) and door controls; and technical and ; (c) clinical validation or proper functioning of all equipment and systems and all points of integration between such equipment and systems; and (d) provision of adequate training for the Facility operators so that they become familiar with the various mechanical and electrical systems and controls.