Common use of PRE-COMPLETION COMMISSIONING AND COMPLETION46 Clause in Contracts

PRE-COMPLETION COMMISSIONING AND COMPLETION46. 17.1 Not less than [six (6)] months before the Completion Date [and the Post Completion Works Date], D&B Co shall provide the Authority with a draft of the Final Commissioning Programme in respect of the Works relative thereto, as jointly developed by the Authority and D&B Co in accordance with the provisions of Clause 17.2 and 17.3 (Pre-Completion Commissioning and Completion) and Schedule 10 (Outline Commissioning Programme). The Authority shall provide D&B Co with comments on the draft Final Commissioning Programme submitted to it within [fifteen (15)] Business Days. The parties shall, within [fifteen (15)] Business Days of receipt by D&B Co of the Authority's comments agree the terms of the Final Commissioning Programme provided that the Authority may by prior notice to D&B Co change the scope and time of the Authority's Commissioning or the Authority's Post Completion Commissioning and reimburse D&B Co its 46 The Template Education D&B Agreement assumes the Authority and D&B Co will each undertake inspection and commissioning activities both prior to and after completion. Parties need to consider which commissioning activities have to occur before and which after completion (and, in each case, by whom) on a project specific basis. In the case of schools projects, the approach to commissioning that is to be followed should be set out in an outline commissioning programme in Appendix A of Schedule 10 (Outline Commissioning Programme). Broadly it is envisaged that the drafting of this Schedule will follow the same approach as has been taken to schedule 10 of the Template MIM Education PA. The Template Education D&B Agreement envisages that the Final Commissioning Programme(s) will set out all requirements and obligations in relation to the development, nature, principles and performance of the completion tests to be performed to enable certification of completion to take place. Parties need to consider which commissioning activities have to occur before and which after completion (and, in each case, by whom) on a project specific basis on further education college projects in particular. Template drafting has been provided here for Post Completion Works, to be used where relevant. Authorities will need to consider whether further project specific drafting is required, including amendments to accommodate multi-facility projects where relevant. reasonable costs incurred as a result of such change in scope or time of the Authority's Commissioning. If the parties are unable to agree the Final Commissioning Programme or the change in scope or time of the Authority's Commissioning by [♦], the matter shall be referred for determination in accordance with Schedule 15 (Dispute Resolution Procedure). 17.2 The Final Commissioning Programme[s] [in respect of the Main Works and the Post Completion Works] shall be in accordance with the [relevant] Outline Commissioning Programme and shall impose no greater or more onerous obligations on the Authority than those set out in the [relevant] Outline Commissioning Programme (unless otherwise agreed by the Authority in its absolute discretion). The Final Commissioning Programme shall then replace the [relevant] Outline Commissioning Programme. Without prejudice to the parties obligations in Clause 17.1, where this Agreement refers to an obligation being in accordance with, or pursuant to the [relevant] Final Commissioning Programme, such reference shall prior to the replacement of the [relevant] Outline Commissioning Programme with the [relevant] Final Commissioning Programme, be deemed to be a reference to the obligation being in accordance with or pursuant to the [relevant] Outline Commissioning Programme. 17.3 [The] [Each] Final Commissioning Programme shall describe the steps necessary, the party responsible for taking each of such steps and the timing and sequence of each of such steps to ensure insofar as relevant to the applicable Works[: 17.3.1 that D&B Co's Pre-Completion Commissioning and the Authority's Commissioning will not delay: (a) the Actual Completion Date occurring by the Completion Date[; or (b) the Actual Post Completion Works Date occurring by the Post Completion Works Date;] 17.3.2 that D&B Co's Post-Completion Commissioning and the Authority's Post Completion Commissioning in respect of the [Main] Works [and D&B Co's Post-Completion Commissioning and the Authority's Post Completion Commissioning in respect of the Post Completion Works] are [each] completed by the relevant Commissioning End Date. 17.4 The parties shall procure that the steps that they are responsible for carrying out and completing pursuant to the Final Commissioning Programme include, the activities described in Schedule 10 (Outline Commissioning Programme) [and in the case of D&B Co's activities, the activities described at paragraph [♦] of the Authority's Construction Requirements].47 17.5 D&B Co shall notify the Independent Tester and the Authority's Representative of the date when D&B Co (acting reasonably) considers that the Works will achieve 47 The Authority should describe any other core requirements to be complied with in relation to D&B Co's commissioning activities, including in respect of the decant of ICT equipment under the Authority's Construction Requirements. the [ICT Handover Requirements,] the [Main] Works Requirements [and the Post Completion Works Requirements] not less than [♦] months prior to such anticipated completion. Such notification shall trigger the completion activities of the Independent Tester under this Clause. 17.6 The parties each undertake to co-operate with the Independent Tester to ensure that the Independent Tester is familiar with all necessary aspects of the Project for the purposes of its role as described in this Clause. 17.7 D&B Co shall: 17.7.1 undertake D&B Co's Pre-Completion Commissioning in accordance with the [relevant] Final Commissioning Programme; and 17.7.2 permit the Authority to undertake the Authority's Commissioning [including permitting specialist contractors engaged by the Authority to deliver and install equipment] on such dates as agreed between the Authority and D&B Co, in accordance with the [relevant] Final Commissioning Programme,48 and the Authority shall undertake the Authority's Commissioning in accordance with the [relevant] Final Commissioning Programme and so as not to cause material damage to the Works.

PRE-COMPLETION COMMISSIONING AND COMPLETION46. 17.1 Not less than [six (6)] months before the Completion Date [and the Post Completion Works Date], D&B Co shall provide the Authority with a draft of the Final Commissioning Programme in respect of the Works relative thereto, as jointly developed by the Authority and D&B Co in accordance with the provisions of Clause 17.2 and 17.3 (Pre-Completion Commissioning and Completion) and Schedule SCHEDULE 10 (Outline Commissioning Programme). The Authority shall provide D&B Co with comments on the draft Final Commissioning Programme submitted to it within [fifteen (15)] Business Days. The parties shall, within [fifteen (15)] Business Days of receipt by D&B Co of the Authority's comments agree the terms of the Final Commissioning Programme provided that the Authority may by prior notice to D&B Co change the scope and time of the Authority's Commissioning or the Authority's Post Completion Commissioning and reimburse D&B Co its 46 The Template Education D&B Agreement assumes the Authority and D&B Co will each undertake inspection and commissioning activities both prior to and after completion. Parties need to consider which commissioning activities have to occur before and which after completion (and, in each case, by whom) on a project specific basis. In the case of schools projects, the approach to commissioning that is to be followed should be set out in an outline commissioning programme in Appendix A of Schedule 10 (Outline Commissioning Programme). Broadly it is envisaged that the drafting of this Schedule will follow the same approach as has been taken to schedule 10 of the Template MIM Education PA. The Template Education D&B Agreement envisages that the Final Commissioning Programme(s) will set out all requirements and obligations in relation to the development, nature, principles and performance of the completion tests to be performed to enable certification of completion to take place. Parties need to consider which commissioning activities have to occur before and which after completion (and, in each case, by whom) on a project specific basis on further education college projects in particular. Template drafting has been provided here for Post Completion Works, to be used where relevant. Authorities will need to consider whether further project specific drafting is required, including amendments to accommodate multi-facility projects where relevant. reasonable costs incurred as a result of such change in scope or time of the Authority's Commissioning. If the parties are unable to agree the Final Commissioning Programme or the change in scope or time of the Authority's Commissioning by [♦], the matter shall be referred for determination in accordance with Schedule SCHEDULE 15 (Dispute Resolution Procedure). 17.2 The Final Commissioning Programme[s] [in respect of the Main Works and the Post Completion Works] shall be in accordance with the [relevant] Outline Commissioning Programme and shall impose no greater or more onerous obligations on the Authority than those set out in the [relevant] Outline Commissioning Programme (unless otherwise agreed by the Authority in its absolute discretion). The Final Commissioning Programme shall then replace the [relevant] Outline Commissioning Programme. Without prejudice to the parties obligations in Clause 17.1, where this Agreement refers to an obligation being in accordance with, or pursuant to the [relevant] Final Commissioning Programme, such reference shall prior to the replacement of the [relevant] Outline Commissioning Programme with the [relevant] Final Commissioning Programme, be deemed to be a reference to the obligation being in accordance with or pursuant to the [relevant] Outline Commissioning Programme. 17.3 [The] [Each] Final Commissioning Programme shall describe the steps necessary, the party responsible for taking each of such steps and the timing and sequence of each of such steps to ensure insofar as relevant to the applicable Works[: 17.3.1 that D&B Co's Pre-Completion Commissioning and the Authority's Commissioning will not delay: (a) the Actual Completion Date occurring by the Completion Date[; or (b) the Actual Post Completion Works Date occurring by the Post Completion Works Date;] 17.3.2 that D&B Co's Post-Completion Commissioning and the Authority's Post Completion Commissioning in respect of the [Main] Works [and D&B Co's Post-Completion Commissioning and the Authority's Post Completion Commissioning in respect of the Post Completion Works] are [each] completed by the relevant Commissioning End Date. 17.4 The parties shall procure that the steps that they are responsible for carrying out and completing pursuant to the Final Commissioning Programme include, the activities described in Schedule 10 (Outline Commissioning Programme) [and in the case of D&B Co's activities, the activities described at paragraph [♦] of the Authority's Construction Requirements].47 17.5 D&B Co shall notify the Independent Tester and the Authority's Representative of the date when D&B Co (acting reasonably) considers that the Works will achieve 47 The Authority should describe any other core requirements to be complied with in relation to D&B Co's commissioning activities, including in respect of the decant of ICT equipment under the Authority's Construction Requirements. the [ICT Handover Requirements,] the [Main] Works Requirements [and the Post Completion Works Requirements] not less than [♦] months prior to such anticipated completion. Such notification shall trigger the completion activities of the Independent Tester under this Clause. 17.6 The parties each undertake to co-operate with the Independent Tester to ensure that the Independent Tester is familiar with all necessary aspects of the Project for the purposes of its role as described in this Clause. 17.7 D&B Co shall: 17.7.1 undertake D&B Co's Pre-Completion Commissioning in accordance with the [relevant] Final Commissioning Programme; and 17.7.2 permit the Authority to undertake the Authority's Commissioning [including permitting specialist contractors engaged by the Authority to deliver and install equipment] on such dates as agreed between the Authority and D&B Co, in accordance with the [relevant] Final Commissioning Programme,48 and the Authority shall undertake the Authority's Commissioning in accordance with the [relevant] Final Commissioning Programme and so as not to cause material damage to the Works.