Forest City – New East Baltimore Partnership Science and

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					     Forest City – New East Baltimore Partnership
    Science and Technology Park at Johns Hopkins

      Maryland Public Health Laboratory Project
                Baltimore, Maryland




                      Request for Proposal
                 Testing and Balancing Services


                                        Issued: 5-MAR-2012
                                Due Date as of Issuance:20-MAR-2012




      NOTE: The most up-to-date RFP documents are available from the web site described herein.

 
                                                          Maryland Economic Development Corporation
                                                              State of Maryland Public Health Laboratory
                                                   Request for Proposal - Testing and Balancing Services

 
1.       INTRODUCTION – PROJECT DESCRIPTION 
         Forest City – New East Baltimore Partnership (FC-NEBP) is seeking a qualified Testing and
         Inspection Agency (termed “Consultant” herein) to perform Independent Testing and Inspections
         for the State of Maryland Public Health Laboratory (MPHL) construction project in Baltimore,
         Maryland.

         The project under this RFP, the State of Maryland Public Health Laboratory (MPHL), is a key part
         of the Science + Technology Park at Johns Hopkins in New East Baltimore. The Maryland
         Economic Development Corporation (MEDCO), the “Owner” on the Project, has provided bond
         financing for the Project and shall own the Project improvements. The State of Maryland
         Department of Health and Mental Hygiene (DHMH) is the entity anticipated to occupy the
         completed project. As the project developer, FC-NEBP manages the design and construction of
         the project, and is the agent for the Owner, MEDCO.

         The Project is an approximately 230,000 gross square feet (GSF) fit-up laboratory building. The
         project is a 7 story building, consisting of a lower level, first through fifth floors and a penthouse,
         with a floor plate of approximately 40,000-50,000 GSF. Space types include building support,
         offices, conference rooms, library, lab training, BSL-2 and a significant complement of BSL-3
         space. The project will be located within the 31 acre East Baltimore development area wherein
         FC-NEBP is the master developer.

         The Science + Technology Park at Johns Hopkins and The New East Baltimore Community is a
         life science and residential campus located immediately north of the Johns Hopkins Medical
         Campus. The campus is bounded north – south by E Chase Street and E Madison St and
         bounded east – west by N Broadway and N. Washington Street.

         The first phase of development encompasses about 31 acres and is projected to cost around
         $1.0 billion. It consists of approximately 1.1 million square feet of life sciences/office space;
         850 residential units; up to 80,000 square feet of retail space, a hotel of at least 180 rooms, two
         parking garages, three acres of community parks and open space and other amenities. The
         residential units will offer a range of options from single family row-homes to condominiums,
         apartments and graduate student housing.

         When complete, it will be a vibrant mixed-use 24/7 community. (See “Current Master Site Plan” at
         the end of this section for details on the development mix and layout for the 31 acres). The life
         sciences buildings are labeled as “L- #”, the residential buildings/units are labeled as “R- #” and
         the parking garages are labeled as “P- #”. The parcel labeled “L- 4” is the location of the building
         that is the subject of this RFP.

         MEDCO has independent procurement authority. The procurement process that is the subject of
         this RFP will be administered by FC-NEBP and MEDCO in accordance with MEDCO
         procurement procedures.

         This project and the offeror proposals in response hereto are subject to Maryland Prevailing and
         Living Wage laws and applicable portions of State Finance and Procurement Article Titles 16, 17,
         18, and 19.

         The Science + Technology Park at Johns Hopkins is an exciting and highly visible development
         project with strong support from the local community, Johns Hopkins University, Kennedy Krieger
         Institute, City of Baltimore, State of Maryland and many other constituents and stakeholders.

         The information herein is intended to assist in offerors’ proposal preparation and to help ensure
         such proposals are responsive to the submission requirements.



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                                                        Maryland Economic Development Corporation
                                                            State of Maryland Public Health Laboratory
                                                 Request for Proposal - Testing and Balancing Services

 
         After conclusion of negotiations with the selected awardee, the Owner, at its option, may make
         Owner-selected portions of awardees proposal an exhibit to a contract that will obligate the
         Consultant to perform as promised in its proposal.




     Project Location 




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                                                            Maryland Economic Development Corporation
                                                                State of Maryland Public Health Laboratory
                                                     Request for Proposal - Testing and Balancing Services

 
2.        PROPOSAL SUBMISSION REQUIREMENTS
     A.       Please provide response to this Request for Proposal in according with the requirements set
              forth in this section, both for content and organization.

     B.       Submit an electronic PDF copy of the proposal and related information to:

                                               Peter Roy, peterroy@forestcity.net
                                        Vice President, Engineering and Construction
                                   Forest City – New East Baltimore Partnership (FC-NEBP)
                                               Suite 102, 855 North Wolfe Street
                                                     Baltimore, MD 21205

     C.       PDF format proposals are due by 11:00 AM on March 20, 2012.
     D.       Award of contract is anticipated to be made on or before March 28, 2012
     E.       Proposal shall be 8-1/2 x 11 inch format.
     F.       Required Proposal Submittals: Content and Organization of Proposal:
              1.1.1       Cover Letter and Introduction: Stating the name and address of firm, whether the
                          Offeror is an individual, partnership, corporation or joint venture. Letter shall also
                          contain the contact telephone number and name of a person or persons authorized
                          to make representations for the Offeror, and a statement indicating (a) commitment
                          to the project should the Offeror be awarded the contract, (b) the primary reasons
                          Offeror believes that it should be selected as the awardee.
              1.1.2       Table of Contents: Material included in the Proposal.
              1.1.3       Corporate History: A brief narrative describing the Offeror’s corporate history,
                          corporate resources (with emphasis on the specific skills and qualifications that are
                          pertinent to this scope of work), and the capabilities/capacity of the office proposed
                          to service this project.
              1.1.4       Management Plan: Provide a written management plan designed to address the
                          following factors, and including the following minimum requirements:
              1.1.4.1        Work Plan: Narrative work plan identifying the location of the office proposed to
                             service this project, a project specific organization chart, and the Offeror’s plan
                             for delivering consistently high quality and prompt service to this project. This
                             narrative shall briefly address each area in the Scope of Work and the TAB-
                             related specification sections (including the Division 1 specifications in support of
                             Commissioning) and related drawing notes in the set of drawings dated
                             12/8/2012. This section shall also include examples of standard report formats
                             for field tests and reports, etc, and shall highlight Offeror’s experience in working
                             in a “ProLog” project environment for posting of reports, including early pencil
                             copies.
              1.1.4.2        Staffing Plan / Key Personnel: Provide a staffing chart showing the names and
                             required information for each position. Provide resumes for each of the proposed
                             personnel (Proposed Field Technicians, Project Engineer / Project Manager).
                             The Offeror shall demonstrate that it has sufficient capacity to timely provide
                             Field Technicians for each aspect of the scope of work on an as-needed basis.
              1.1.4.2.1         The same technicians may be proposed for several scope of work areas
                                provided their qualifications are presented. All proposed personnel must meet
                                the minimum mandatory requirements and be qualified to perform the
                                planning, scheduling, analysis, field testing and reporting required for each



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                                                           Maryland Economic Development Corporation
                                                               State of Maryland Public Health Laboratory
                                                    Request for Proposal - Testing and Balancing Services

 
                                particular area. The Field Technician resumes shall identify years experience
                                with the present employer as well as overall experience in testing and
                                balancing work. The Field Technician resumes shall also identify
                                qualifications and any applicable certifications, registrations and education.
                                The resumes for supporting management staff (e.g. Project Engineer / Project
                                Manager and Professional Engineer) shall indicate education, certifications
                                and years experience, both with the Offeror and with other firms.
              1.1.5      Schedule of Required Services: A completed Attachment A, Schedule of Required
                         Services, and a copy of the Offeror’s current standard publicized or posted best-
                         available fee schedule.

3.       REVIEW OF CONSTRUCTION DOCUMENTS:
         The drawings, specifications and final geotechnical report are available for viewing by offerors by
         contacting Karen Brice at 410-900-1006 or KarenBrice@forestcity.net.
4.       QUESTIONS:
         Please submit all questions, requests for clarification electronically to the following email address:
         peterroy@forestcity.net
5.       EVALUATION CRITERIA
         A.        Offerors shall provide competitive fee proposals. The proposals shall be subjected to a
                   “best value” evaluation under which technical factors shall be given more weight than
                   price. The “evaluation factors” listed below shall be considered by the evaluators, as well
                   as price. We encourage offerors to be particularly responsive to the evaluation criteria.
         B.        Owner will award the contract to the responsible Offeror whose proposal satisfies the
                   requirements of this RFP and represents the best value to the project.
         C.        Minimum requirements for proposed personnel must be met prior to evaluation of the
                   proposed rates. Offeror’s failure to demonstrate minimum personnel qualifications shall
                   result in disqualification of Offeror.
         D.        After determination of minimum mandatory requirements, award will be based upon
                   evaluation team’s analysis of the information presented, work plan, and proposed
                   personnel. The non-price information presented by Offeror will be evaluated against the
                   non-price evaluation factors.
         E.        The non-price evaluation factors are:
                   (a)      Demonstrated team qualifications (which shall also focus on relevance of
                            experience such as depth of BSL-3 and space pressurization experience,
                            experience with Siemens Apogee BAS system, VFDs, enthalpy wheels, large-
                            scale commissioning, large numbers of hoods and BSCs, fume exhaust systems,
                            HEPA/HEGA, bubble-tight dampers, sound testing, vibration testing, etc)
                   (b)      demonstrated team qualifications in project planning, problem solving,
                            sequencing and trouble-shooting,
                   (c)      plan to satisfy L/M/WBE and workforce requirements,
                   (d)      demonstrated experience working in a Prolog project environment,
                   (e)      demonstrated local capacity of offeror (as a proxy of likely responsiveness of
                            Offeror to Project needs),
                   (f)      experience (if any) of evaluation team members with the staff proposed by
                            Offeror, and



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                                                           Maryland Economic Development Corporation
                                                               State of Maryland Public Health Laboratory
                                                    Request for Proposal - Testing and Balancing Services

 
                   (g)      other incidental factors the evaluation team deems appropriate.
         F.        L/M/WBE Evaluation Details:
                   (a)      Offeror’s proposal shall present details of Offeror’s proposed approach to
                            inclusion and the Contract shall include provisions obligating awardee to fulfill its
                            approved LBE/MBE/WBE plan, which shall satisfy the minimum requirements
                            and reporting obligations required by the attached Section 01 35 01 specification.
                            Offeror shall submit a participation plan satisfying or exceeding the specified
                            requirements; this plan shall outline roles and responsibilities for Offeror’s
                            LBE/MBE/WBE business partner(s), consultants, and subcontractors as well as
                            the Offeror’s capacity-building strategies.
                   (b)      The attached Section 01 35 01 specification contains the inclusion requirements
                            and procedures for the New East Baltimore Project.
                   (c)      In its evaluation of proposals, the evaluation team shall give a favorable review to
                            offerors’ innovative proposals to employ certified (by City of Baltimore or State of
                            Maryland DoT) firms and/or personnel who reside within the eleven ZIP codes
                            listed in the attached Section 01 35 01 specification.
                   (d)      In addition, the RFP evaluation panel will look favorably on Offeror’s proposed
                            approach to enhance workforce development (again, as called out in the
                            attached Section 01 35 01 specification).
                   (e)      MDOT and MWBOO web sites are provided for convenience of offerors:
                            www.mdot.state.md.us and http://cityservices.baltimorecity.gov/mwboo/
         G.        Owner will evaluate price offers by comparing the completed Attachment A – Schedule of
                   Required Services.
         H.        If the offeror with the best non-price proposal also offers the lowest cost proposal, that
                   offeror shall be the apparent awardee. If the best non-price offeror does not offer the
                   lowest cost proposal, the evaluation team will analyze whether the differential in bid price
                   is commensurate with the value of the differential in qualifications, and shall make a
                   selection of awardee based on such business judgment analysis.
         I.        It is Owner’s intention to promptly award the resulting contract and issue the notice to
                   proceed to the awardee.

6.       OTHER REQUIREMENTS AND INFORMATION
         A.        Owner may require whatever evidence is deemed necessary to Owner relative to the
                   Offeror’s financial responsibility.

         B.        Owner reserves the right to request further information from the Offeror, either in writing
                   or orally. Such requests will be addressed to that person authorized to represent the
                   Offeror.

         C.        Owner reserves the right to cancel the project at any time up to the award of contract.

         D.        This RFP does not commit Owner to award any contract or to pay any costs incurred in
                   the submission of a proposal.

         E.        Owner reserves the right to reject any and all proposals and to waive any irregularities in
                   any proposal received.




RFP – Testing and Inspection Services      Maryland Public Health Laboratory                          Page 6 of 80
                                                          Maryland Economic Development Corporation
                                                              State of Maryland Public Health Laboratory
                                                   Request for Proposal - Testing and Balancing Services

 
7.       CONTRACT DOCUMENTS
         A.        The attached form of contract shall be utilized in the contract resulting from this RFP.




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                                                         Maryland Economic Development Corporation
                                                             State of Maryland Public Health Laboratory
                                                  Request for Proposal - Testing and Balancing Services

 
1.      SCOPE OF WORK
1.1     Included in Scope of Work:
1.1.1     TAB work set out in attached specification sections.
1.1.2     TAB work set out in drawings, including notes.
1.1.3     Simulations.
1.1.4     Participation in planning and scheduling and coordination meetings.
1.1.5     Participation in system analysis, trouble-shooting and problem-solving, in coordination with the
          construction contractor and the Owner’s team.
1.1.6     Periodic adjustments of TAB plan and sequences to assist the project team in work re-
          prioritization.
1.1.7     Provide early “pencil” expedited reports as required to support progress of the work.
1.1.8     Close coordination with Owner’s construction inspectors, commissioning agents and the Siemens
          BAS team.
1.2     Exclusions from Scope of Work:
1.2.1     ASHRAE 110 testing.
1.3     L/M/WBE REQUIREMENTS
1.3.1     In accordance with the attached Section 01 35 01 specification, Consultant shall involve local,
          small, women owned and minority owned businesses in completion of the work necessary to
          satisfy the project’s business requirements and goals, which include building capacity for such
          firms to grow and compete effectively with their mainstream counterparts.
1.3.2     The Project goals for this type of contract are 17% MBE + 9% WBE = 26% of total contract value.




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                                                             Maryland Economic Development Corporation
                                                                 State of Maryland Public Health Laboratory
                                                      Request for Proposal - Testing and Balancing Services

 
                                                 ATTACHMENT A

                                        SCHEDULE OF REQUIRED SERVICES

Set forth (in clearly legible figures) the cost for identified items in the spaces below. Said prices constitute
total compensation in accordance with Paragraph 2.0 – Basis of Payment. Offeror is required to provide
a cost for each item.

I.       Lump Sum Pricing for Testing and Balancing of Entire Project:

         $________________________________

         Price in words:_________________________________________________________________

II.      ON-CALL ON-SITE SERVICES (IF/WHEN AUTHORIZED BY OWNER)
           Position/Skill Type                        Rate Per          Rate Per
                                                     Reg’l Hour         O/T Hour




III.     UNSPECIFIED SERVICES
         Offeror shall attach a priced list of tests that are relevant to the Project but not included above.
         Provide Offeror’s estimate of quantities and calculate the resulting proposed cost. Summarize the
         total above under “unspecified services”. The cost of unspecified services shall not be utilized in
         price evaluation but shall be considered a factor in demonstrating Offeror’s understanding of the
         Project.
         Consultant services not specified above may be performed on an hourly basis if expressly
         approved in advance by Owner. Offeror shall attach a copy of its current best-available hourly
         rate fee schedule.
         An approved version of this fee schedule shall become part of the contract between Owner and
         Consultant.




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                                                          Maryland Economic Development Corporation
                                                              State of Maryland Public Health Laboratory
                                                   Request for Proposal - Testing and Balancing Services

 
                                              ATTACHMENT B

                                        SPECIFICATIONS SECTIONS:

Attached:

01 35 01 – LBE/MBE/WBE INCLUSION AND WORKFORCE DEVELOPMENT REQUIREMENTS

01 45 00 – QUALITY CONTROL

01 45 79 – PRESSURE TESTING OF SPECIAL ROOMS

01 91 13 – GENERAL COMMISSIONING REQUIREMENTS

01 91 16 – REPRESENTATIVE CX FORMS

DRAFT FORM OF CONTRACT



All other Specifications and Drawings are freely available for viewing on the Project site, and
Consultant shall consider any relevant content therein in its price for the scope of work in this
contract.




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                                                               Maryland Economic Development Corporation
                                                                   State of Maryland Public Health Laboratory
                                                        Request for Proposal - Testing and Balancing Services

 
Section 01 35 01 - LBE/MBE/WBE Inclusion and Workforce Development Requirements
PART 1 - GENERAL
1.      Contract Requirements:
1.1     The project associated with this specification is within the East Baltimore Development Inc. (EBDI) project
        area. Therefore, Contractor shall comply with the following inclusion requirements.
1.2     All records required to be maintained by Contractor under this specification are subject to ongoing audit by the
        Owner and EBDI.
1.3     Contractor shall obligate its subcontractors and sub-subcontractors to this specification by means of
        appropriate flow-down clause(s), and shall require said subcontractors and sub-subcontractors to satisfy the
        requirements of this specification section, including timely providing documentation required by this
        specification and as required by the Economic Inclusion Team (or duly appointed designees).
1.4     The requirements of this Section are an essential part of the Contract, including the requirement that
        Contractor fulfill its detailed Owner-approved Contractor-authored inclusion plan.
2.      Background/History:
2.1     In April 2002, the Agreement for Minority Inclusion for the East Baltimore Housing/Biotech Park Development
        Project established a commitment to dramatically increase contracting and procurement dollars spent with
        minority businesses in all aspects of the East Baltimore Project, as well as spur greater involvement of minority
        businesses in identified growth sectors of the City’s economy, including, but not limited to retail, technology,
        and real estate development; and to dramatically increase the number, magnitude and success rate of minority
        businesses in Baltimore City.
2.2     In addition, the Agreement establishes a commitment to utilize collective resources to provide career-oriented
        employment opportunities for Baltimore residents, with qualified displaced residents being given a preference
        for job training opportunities over other qualified applicants that are not former residents of the EBDI project
        area.
2.3     To assist in the fulfillment of the above goals, Contractor shall comply with the requirements of this
        specification in support of EBDI’s promotion of:
2.3.1     the involvement of Minority-Owned (MBE), Women-Owned (WBE), and Locally-Owned Businesses (LBE)
          (collectively referred to herein as Targeted Business Enterprises); and
2.3.2     the training and employment of local residents, in the ongoing economic transformation of the East
          Baltimore Revitalization Area.
2.4     This Economic Opportunity Plan and Procurement Policy (hereinafter referred to as “the Plan’’) outlines the
        policies and protocols that have been developed to ensure the achievement of the goals of EBDI’s Economic
        Opportunity Initiative and the aforementioned Agreement for Minority Inclusion.
3.      Economic Inclusion Definitions
3.1     The following definitions apply to this specification:
3.1.1     Minority Business Enterprise (MBE) means a business enterprise that is owned, operated, and controlled
          by one or more minority group members (African American, Hispanic American, Asian American, or Native
          American), who have at least 51% ownership, and in which the minority group members have operational
          and managerial control, interest in capital, and earnings commensurate with their percentage of ownership.
          To qualify, an MBE enterprise shall be certified by the City of Baltimore and/or by the State of Maryland
          (e.g. by MDOT) as an MBE.



SECTION 01 35 01                                       Page 11 of 80                  LBE/MBE/WBE Requirements
                                                               Maryland Economic Development Corporation
                                                                   State of Maryland Public Health Laboratory
                                                        Request for Proposal - Testing and Balancing Services

 
3.1.2     Women’s Business Enterprise (WBE) means a business enterprise that is owned, operated, and
          controlled by one or more women who have at least 51% ownership, and in which the women have
          operational and managerial control, interest in capital, and earnings commensurate with their percentage of
          ownership. To qualify, a WBE enterprise shall be certified by the City of Baltimore as a WBE and/or by the
          State of Maryland (e.g. by MDOT) as a WBE/Female.
3.1.3     Local Business Enterprise (LBE) means a business enterprise whose principal office is physically located
          in Baltimore City, subject to the three-level award priority system described below. Contractor shall employ
          LBE’s to satisfy the LBE Inclusion goals set out herein. To qualify, an LBE shall also be registered and in
          good standing with the Maryland Department of Assessment and Taxation as a legal business entity, and
          shall be subject to Baltimore City taxes. Local MBE and WBE’s may also qualify as LBEs. EBDI reserves
          the right to evaluate any and all LBEs’ ability to satisfy financial, technical, or other criteria before or after bid
          opening. Contractor shall invite the Economic Inclusion Team to bid review meetings conducted by
          Contractor, in order to allow the team to verify the status of candidate LBE firms under consideration by
          Contractor. Contractor is obligated to maintain records necessary to demonstrate that it has marketed, bid
          and awarded subcontracted LBE work in accordance with the following geographical priorities:
3.1.3.1       First Priority: LBE businesses located and having their primary headquarters in the 88 acres of EBDI
              project area (bounded by Madison Street on the south, Broadway on the west, Patterson Park Ave. on
              the east and the Amtrak railroad track on the north);
3.1.3.2       Second Priority: LBE businesses located and having their primary headquarters in the following East
              Baltimore zip codes: 21202, 21205, 21206, 21213, 21214, 21218, 21224, 21231, 21237, 21251 and
              21287;
3.1.3.3       Third Priority: Businesses located and headquartered elsewhere in Baltimore City.
3.1.4     Local Resident means a resident living in Baltimore City. Contractor is obligated to maintain records
          demonstrating that it has utilized local residents as the “first source” of its hiring and has given priority (for
          research, marketing, notices, advertising and hiring) in the following order:
3.1.4.1       First Priority: Residents residing in, relocated from or otherwise impacted by the EBDI revitalization
              project area (bounded by Madison Street on the south, Broadway on the west, Patterson Park Ave. on
              the east and the Amtrak railroad track on the north);
3.1.4.2       Second Priority: East Baltimore residents residing in the following zip codes: 21202, 21205, 21206,
              21213, 21214, 21218, 21224, 21231, 21237, 21251 and 21287; and
3.1.4.3       Third Priority: Residents residing in the remaining 212 zip code areas of Baltimore City.
3.1.5     Workforce Development Pipeline is the mechanism developed by EBDI, via a partnership with the
          Mayor’s Office of Employment Development (MOED), that provides:
3.1.5.1       a pathway for East Baltimore residents to get assessed, obtain job readiness skills, industry-specific
              customized training, career coaching, job placement, and retention services; and
3.1.5.2       a pathway that assists businesses with meeting local hiring requirements in their contracts by helping
              them to identify emerging job opportunities, develop customized training programs for the jobs, and
              then identify appropriate residents to enroll in the customized training and ultimately get placed in
              appropriate jobs.
3.1.6     All businesses and contractors under contract within the EBDI project area are obligated to maintain the
          records necessary to demonstrate that they have conducted the research and undertaken the activities
          necessary to use the Workforce Pipeline as their first source for recruiting local residents for jobs.




SECTION 01 35 01                                       Page 12 of 80                       LBE/MBE/WBE Requirements
                                                              Maryland Economic Development Corporation
                                                                  State of Maryland Public Health Laboratory
                                                       Request for Proposal - Testing and Balancing Services

 
3.1.7     Bidder is an entity who has submitted a proposal in response to a Request for Proposal (RFP) or Request
          for Qualifications (RFQ) within the EDBI project area.
3.1.8     Contractor is an entity that is a party to a contract with EBDI or with another development entity operating
          within the EBDI project area.
4.      Independent Third-Party Monitoring
4.1     In an effort to objectively report the outcomes of EBDI’s Economic Inclusion activities, the Owner has
        employed the services of independent Third-Party Monitoring Contractor(s) to act as its representative(s) on
        matters regarding the development, implementation and monitoring of this Plan. Third-Party Monitoring
        Contractor(s) is/are managed by EBDI’s Senior Director of Community and Human Services, or by another
        development entity operating within the EBDI project area. The aforementioned parties along with EBDI’s
        Workforce Development Associate, who is responsible for the day-to-day coordination of EBDI’s Senior
        Director of Community and Human Services and the Governor’s Office of Minority Affairs are collectively
        referred to as the “Economic Inclusion Team”. Contractors, suppliers and service providers shall work with and
        cooperate fully with the efforts of the Economic Inclusion Team.
4.2     Contractor shall timely fulfill the Economic Inclusion Team’s requests for information that the Economic
        Inclusion Team requires to verify or validate Contractor’s compliance with the provisions of this Section and the
        content of the Contractor-authored/Owner-approved inclusion plan that supplements and provides additional
        detail regarding Contractor’s satisfaction of the goals, subject matter and requirements in this Section.
5.      Non-Discrimination Policy
5.1     Contractor shall (a) ensure that it shall not discriminate on the basis of race, color, religion, gender or natural
        origin in the award and performance of its contract and/or any sub-contracts that may be needed to perform
        the work or services hereunder, (b) ensure that it shall not discriminate on the basis of race, color, religion,
        gender or natural origin in project with respect to all employment practices, (c) comply with all applicable
        requirements of any federal, state or local law, ordinance or regulation relating to affirmative action, equal
        opportunity and nondiscrimination in employment, and (d) shall use its best practical efforts to meet all local
        goals relating thereto.
6.      Economic Inclusion Goals
6.1     See requirements for prime-level joint venturing below. If joint venturing satisfies the specified requirements, it
        shall be credited toward the following goals.
6.2     Contractor shall comply with the following subcontracting goals. In addition to performing its own independent
        marketing, business development and research, Contractor shall use the EBDI Local Vendor Directory to
        identify local minority and women subcontractors, and the EBDI Workforce Pipeline for identifying local
        residents for job opportunities.
6.3     Contracting Goals: Comply with the following subcontracting goals for subcontracts/prime-level joint
        ventures:
6.3.1     Construction Contracts:
6.3.1.1        27% MBE + 8% WBE = 35% of total contract value;
6.3.1.2        20% LBE of total contract value
6.3.2     Design, Architecture, and Engineering-related contracts:
6.3.2.1        21% MBE + 13% WBE = 34% of total contract value
6.3.2.2        20% LBE of total contract value



SECTION 01 35 01                                      Page 13 of 80                     LBE/MBE/WBE Requirements
                                                             Maryland Economic Development Corporation
                                                                 State of Maryland Public Health Laboratory
                                                      Request for Proposal - Testing and Balancing Services

 
6.3.3     Professional/General Service Contracts:
6.3.3.1        17% MBE + 9% WBE = 26% of total contract value
6.4     Workforce Inclusion Goals: Comply with the following workforce inclusion goals:
6.4.1     Commercial Construction Trades Work and Labor
6.4.1.1        Minimum Local Participation: Contractors performing commercial construction trades work and labor
               shall ensure twenty percent (20%) of the total work hours are performed by local minority and women
               residents (utilizing the specified 3-level LBE priority system).
6.4.1.2        Minimum Local Hiring Level/Duration: Contractor shall fulfill its Owner-approved commitment to hire
               a minimum number of local (per three-tier geographical priority system set out herein) personnel that it
               (and its subcontractors at all levels) shall employ utilizing the EBDI pipeline. In executing such new
               hires, Contractor shall develop and obtain Owner approval for a Contractor-authored hiring plan that
               places a priority on (a) hiring of local minorities and women, (b) hiring of same into skilled
               trades/vocations, (c) formal apprenticeship of such new hires, (d) structured on-site and off-site training
               of such new hires and (e) maximizing long-term retention of such new hires.
6.4.1.3        Hiring Plan: In coordination with the above minimum local and new hiring levels/durations. Contractor
               shall fulfill an Owner-approved hiring plan as described below in this specification section.
6.4.2     Residential Construction:
6.4.2.1 Contractors performing residential construction trades work and labor shall ensure twenty percent (20%) of
        the total work hours are performed by local minority and women residents.
7.      Implementation Protocols
7.1     Scope of Covered Projects/Contracts – The contracting goals referenced in this Plan shall apply to all
        contracts valued at fifty thousand dollars ($50,000.00) or greater with respect to deconstruction, demolition,
        site preparation, construction projects, professional/general services, and/or any other eligible contracted
        services. The workforce inclusion goals shall apply to any other construction contracts and operating, food,
        and services contracts that the Economic Inclusion Team deems appropriate.
7.2     Competitive Bidding and Non-Discrimination – Contractor is not required to engage Targeted Business
        Enterprises that are not the lowest responsive and qualified bidders, or that otherwise are not competitive with
        respect to quality, service, delivery time or price. However, any contractor that proposes such deviation from
        the requirements of this specification shall maintain records that shall demonstrate to the satisfaction of the
        Economic Inclusion Team that the bidder has taken all reasonable steps to avoid such deviation.
7.3     Administration - The Owner and the Economic Inclusion Team will take the following actions to ensure that
        Contracts shall be awarded and administered in accordance with the specified standards and procedures:
7.3.1     Based on the scope of the project procured, advertisements for bids shall be posted on the EBDI website
          and in minority-owned and non-minority-owned media no less than 14 days before bids are due;
7.3.2     A written notification shall be sent to minority and women-oriented trade associations and contractors’
          associations about the availabilities of contracting opportunities no less than 10 days before bids are due;
7.3.3     Contractor shall use the City’s and Maryland State’s directories of registered minority business enterprises,
          women’s business enterprises, local business enterprises in the public domain; and EBDI’s Local Vendor
          Directory to identify qualified M/W/LBEs for various projects;
7.3.4     Contractor shall provide sub-bidders, as needed, with information on Targeted Business Enterprises, who
          are qualified to provide the services, materials, equipment or supplies required for the project. The



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          Economic Inclusion Team shall provide the electronic mail addresses of Targeted Business Enterprises
          whenever applicable at the request of any Bidder;
7.3.5     Contractor shall evaluate all contracting opportunities in an effort to divide the total requirements of a
          contract in a manner that will maximize opportunities for minority and women business enterprises;
7.3.6     Contractor shall establish policies to make best practical efforts to (a) ensure that all contractors submitting
          proper invoices are paid within 30 days upon receipt of such, and (b) make special payment arrangements
          for selected L/M/W subcontractors when necessary to support particular cash flow needs; and
7.3.7     Ensure that all statistics and documentation required under this specification are submitted to the EBDI
          Inclusion Team’s compliance and monitoring team on an appropriate periodic basis and as requested.
8.      Achieving EBDI’s Economic Inclusion Goals
8.1     MBE/WBE/LBE Contracting – Contractor shall submit an Economic Inclusion Plan and Manpower Projection
        Plan that outlines how it will achieve the contracting and local hiring goals for the entire project. This may be a
        requirement of the initial solicitation. In an effort to maximize inclusion, the bid documents may require the
        prime contractor to have their first and second tier sub-contractors submit for review an Economic Inclusion
        Plan (EIP) and Manpower Projection Plan (MPP). Beyond these two tiers, Contractor shall explore inclusion at
        all levels of opportunity. EBDI will collect and verify documentation to track inclusion at all levels of the project,
        and Contractor is therefore responsible to ensure that EBDI is provided the appropriate documentation in a
        timely and complete form.
8.2     If initial procurement is at the stage where details of the EIP and MPP are unknown, then as part of
        Contractor’s response to the bid, Contractor shall convey its commitment to and experience in maximizing
        MBE/WBE/LBE participation and local hiring and how they would apply those steps, past successes/lessons
        learned and others on the project in East Baltimore. Prior to execution of the Contractor’s contract, a detailed
        EIP and MPP will be required from the Contractor. This may be required at the time, or within a defined period,
        of the submission of Contractor’s bid.
8.3     For projects and/or contracts that include multiple categories of contracts, such as construction,
        architecture/engineering/design, and professional and/or general services, which have different goals, the goal
        for each category will be monitored separately.
8.4     To achieve the MBE/WBE/LBE inclusion goals, prime contractors will get credit for work self-performed by
        MBE/WBE/LBE subcontractors, PLUS any work that any such subcontractor may subcontract to additional
        certified MBE/WBE and LBE firms. Neither Contractor nor its subcontractors will get credit towards inclusion
        participation for any portion of their contracts or subcontracts that is subcontracted to non-certified MBE/WBE
        and LBE firms. When Contractor and its subcontractors subcontract with firms that satisfy both MBE and WBE
        qualifications, Contractor and subcontractors can choose which category such qualifying subcontracts shall be
        counted towards on a contract-by-contract basis; however, they can only be counted as either an MBE or a
        WBE, not as both.
8.5     Local Minority and Female Resident Employment
8.5.1     The achievement of minority, female and local residents workforce inclusion goals will be based on the
          actual number of local, minority and female residents performing skilled and unskilled employee hours
          divided by the total actual quantity of on-site skilled and unskilled employee hours worked. The hours
          worked shall be verified by Contractor’s and subcontractors’ payrolls. Contractor shall organize and
          structure its record-keeping to facilitate the division of this information into each of local, minority and female
          workers on the project.




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8.6     Best Practical Efforts To Achieve Inclusion Goals
8.6.1       Contractor shall use its best practical efforts to meet or exceed the inclusion goals specified herein insofar
            as potential LBE, MBE and WBE subcontractors are available and competitive with respect to quality,
            service, delivery time, and price. As appropriate or needed, the Economic Inclusion Team may determine
            different inclusion goals for a Covered Project other than what is listed above based on the City’s Disparity
            Study, along with the diversity, depth of talent and entrepreneurial capabilities of the population of the City of
            Baltimore. This will be determined on a project-by-project basis and will be included in each RFP and
            respective Covered Contract.
8.7     Implementation of “Best Practical Effort” Standard To Achieve Contracting and Employment Goals
8.7.1       The requirements relative to monitoring best practical efforts of contractors and service providers as to
            contracts shall include the following:
8.7.1.1         Documentation of Best Practical Efforts and Compliance
8.7.1.1.1       The following two components have been established for Projects to facilitate the inclusion of
                MBE/WBE/LBE firms as contractors and minorities/females/local residents as site workforce
                participants. In order to demonstrate their commitment and a specific and executable plan of action, all
                Bidders shall submit with their bids:
8.7.1.1.1.1          An Economic Inclusion Plan (See bid form for template); and
8.7.1.1.1.2          A Manpower Projection Plan (See bid form for template).
8.7.1.2         Establishing Good Faith Best Practical Effort
8.7.1.2.1       If the Bidder’s Economic Inclusion Plan and Manpower Projection Plan does not meet or exceed the
                established goals, the Contractor must prepare a Subcontracting/Vendor Plan showing how it has made
                a good faith "best effort" to achieve the project goals. This plan must include, but not be limited to, the
                following:
8.7.1.2.1.1          Written request for assistance to the Economic Inclusion Team a minimum of ten business days
                     prior to the bid due date;
8.7.1.2.1.2          Solicitation through newspapers, advertisements, job fairs, etc.;
8.7.1.2.1.3          Telephone logs;
8.7.1.2.1.4          Bid results and reasons why awards were made at variance with the specified goals;
8.7.1.2.1.5          Use of City/State-certified business firms via their directory;
8.7.1.2.1.6          Correspondence between bidder’s (and sub-bidders’, as applicable) firm(s) and any
                     MBE/WBE/LBE firms.
8.8     Good Faith Non-Compliance Finding
8.8.1       In cases where Owner and the Economic Inclusion Team has cause to believe that a Bidder or Contractor,
            acting in good faith, has failed to comply with the provisions of the plan, Owner shall attempt to resolve the
            noncompliance through conciliation and persuasion. In conciliation, the Bidder or Contractor must satisfy
            Owner and the Team that it has its "Best Efforts" to achieve the agreed upon participation goals. "Best
            Efforts" on the part of the Bidder or Contractor include:
8.8.1.1         Entering into a contractual relationship with the designated certified MBE/WBE/LBE in a timely manner,
                and fulfilling all contractual requirements.




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8.8.1.2        Notifying both the certified MBE/WBE/LBE Sub-Contractor and the Economic Inclusion Team of any
               problem in a timely manner.
8.8.1.3        Requesting assistance from Economic Inclusion Team in resolving any problems with the certified
               MBE/WBE/LBE Sub-Contractor.
8.8.1.4        Making every reasonable effort to assist the certified MBE/WBE/LBE Sub- Contractor in the
               performance of its work.
8.9     Non-Compliance Investigation
8.9.1      In cases where the Economic Inclusion Team has cause to believe that any Bidder or Contractor has failed
           to comply with the provisions of this Plan, the Economic Inclusion Team shall be empowered to conduct an
           investigation. The steps of the Non-Compliance Investigation will include:
8.9.1.1        Interviewing the Bidder or Contractor to determine what steps were taken to achieve inclusion.
8.9.1.2        Reviewing the Bidder or Contractor’s Best and Good Faith Efforts (B&GFE) documentation.
8.9.1.3        Contacting and/or Interviewing the Bidder’s or Contractor’s sub-contractors listed in the B&GFE
               documentation.
8.9.1.4        Notifying the development entity (that is bidding the contract involved) of the findings.
8.10 Non-Compliance Finding
8.10.1 After reviewing the Bidder’s or Contractor’s efforts to obtain the needed Targeted Business Enterprises, if
       these efforts are found to be non-compliant with this Plan, the Economic Inclusion Team will notify the
       Owner and the Owner will provide notice to the Contractor of the non-compliance finding and give the
       Contractor an opportunity to either rectify the matter or give further justification for the non-compliance.
       Should the Contractor not be able to rectify or give ample justification, the Economic Inclusion Team is
       authorized to recommend sanctions for each violation of these procedures. Such sanctions may include, but
       are not limited to:
8.10.1.1       Declaring the Contractor’s proposal as non-responsive and deeming the Contractor as ineligible to
               receive the award of the contract or any other future contracts.
8.10.1.2       Suspending the violating Bidder or Contractor from doing business with EBDI (or any other
               development entity operating within the EBDI project area) for a set period of time.
8.10.1.3       Terminating the contract with the Contractor, as permitted by its terms, and all future payments under
               the Contract. Decisions will be made collectively by the Contract Manager, Economic Inclusion Team,
               CFO, CEO and/or other development entity that is bidding or has awarded the contract involved.
8.10.1.4       Pursuing and securing any relief which EBDI and/or the Economic Inclusion Team may deem to be
               necessary, proper, and in the best interest of EBDI.
8.11 Waiver of Inclusion Participation
8.11.1 Owner recognizes that in certain limited circumstances, compliance with this Plan will not be feasible, nor in
       the best interest of the Project. The following contracts may be exempted by Owner:
8.11.1.1       A contract where the total dollar amount of the contract is less than fifty thousand dollars ($50,000.00);
8.11.1.2       Any public exigency or emergency contract for which the nature of the emergency will not allow for a
               delay in a competitive solicitation.
8.11.2 Contractor shall make every effort to assure that Targeted Business Enterprises areas are included in the
       solicitation and award of all contracts.


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8.12 Joint Venture Requirements
8.12.1 Joint ventures (which shall include functionally equivalent formalized written teaming agreements) between
       majority-owned Prime Contractors and MBE/WBE firms are encouraged. When evaluating bids or proposals
       from Contractors, preference shall be given to respondents that utilize joint ventures with MBE’s, WBE’s
       and/or LBE’s as part of the satisfaction of the specified M/W/LBE goals. The value of work assigned to
       qualified M/W/LBE contractors at the prime level shall be credited to the calculation of Contractor’s
       satisfaction of specified M/W/LBE goals. Contractors utilizing joint ventures are still responsible to fully
       satisfy economic inclusion subcontracting goals specified herein for the aggregated scope of Contractor’s
       contract.
8.12.2 Bidders intending to Joint Venture shall submit the Joint Venture Questionnaire (See bid form) with their
       bids/proposals. In addition to completing the form included in the bid form, the Bidder shall discuss specific
       MBE/WBE/LBE firms that it plans to partner with. With its bid/offer, if Offeror has elected to create a co-
       prime, partnership, joint-venture or other like arrangement with an MBE/WBE/LBE firm, Offeror shall provide
       a copy of the legally binding contract outlining the agreement between the Offeror and its MBE/WBE joint
       venture partner(s). This contract shall be fully executed by the parties involved and shall set out the
       obligations of each party, the decision-making power of each entity, their roles in the execution of the
       Project work, their equity participation levels, their division of work, costs and profits/losses (the latter three
       expressed in dollar amounts) and any other documentation deemed necessary to prove that the joint
       venture agreement is substantial and meaningful.
8.12.3 Joint Venture partnership(s) must meet the following criteria.
8.12.3.1      The MBE/WBE/LBE partner must be certified (prior to proposal submission) by the governmental
              entities specified herein;
8.12.3.2      The MBE/WBE/LBE partner must be substantially involved in significant phases of the contract
              including, but not limited to, the performance of a portion of the onsite work (including general
              conditions) with its own work force, and the administrative responsibilities such as bidding, planning,
              staffing and daily management;
8.12.3.3      The business arrangements must be customary (i.e., each partner shares in the risk and profits of the
              joint venture commensurate with their respective ownership interests); and
8.12.3.4      If the certified MBE/WBE partner(s) is/are self-performing a portion of the work, this may be credited
              towards the achievement of the Contractor’s inclusion goals; however, the joint venture will still be
              required to meet the overall subcontracting goals.
8.13 Workforce Related Roles and Responsibilities of Contractor
8.13.1 The following protocols shall be followed by Bidders or Contractors on projects with Workforce Inclusion
       requirements.
8.13.1.1      Hiring Plan Submittal: With its bid submission (if required by the bid documents) or within 20 days
              following notice to proceed for the Work, Contractor shall submit a detailed trade by trade hiring plan for
              Owner’s review and approval. Subject plan shall (a) show hiring by trade classification and sub-
              classification (journeyman, apprentice and new hire/apprentice), (b) distribute each trade sub-
              classification over the Contract Time, (b) satisfy the minimum new and local hiring levels specified
              herein, and (c) include all field labor in the Work, spanning Contractor’s self-performed work and that of
              all subcontractors at all tiers. The Hiring Plan shall outline the positions to be filled by current
              employees and those that will be filled by new hires (Note: For the purposes of this Agreement, the
              term new hires is defined as an individual representing a discrete new full-time hire by the Contractor,
              who (except for entities within the designated 11 ZIP codes) was not previously employed by the



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             Contractor, its subsidiary, a joint-venture involving the Contractor, or an agent thereof; and/or did not
             transfer to the Project site from another project under the employment of any said entities). Contractor
             shall make its best efforts to fulfill Owner-requested enhancements to the hiring plan. Contractor shall
             fulfill the Owner-approved hiring plan and shall provide monthly updates to validate progress against
             such approved plan. Contractor shall timely submit any proposed deviations to the hiring plan to the
             Owner for review and approval.
8.13.1.2     Contractor shall provide a point of contact (a) with decision-making authority for hiring employees,
             (b) who will manage this process and (c) work closely with the Economic Inclusion Team;
8.13.1.3     Contractor shall use EBDI’s Workforce Pipeline as the first source for recruiting and hiring local
             residents for any new job opportunities and, to the extent practical without impacting productivity, give
             EBDI five business days to identify and refer candidates for the job before using other sources to recruit
             locally (Note: For the purposes of this Agreement, the term first source relates solely to using EBDI’s
             Workforce Development Pipeline as the first means to identify and recruit qualified local residents for
             job opportunities stemming from the EBDI project, thereby maximizing the ability for EBDI project-based
             and other East Baltimore residents to get priority status for these employment opportunities.)
8.13.1.4     Contractor shall comply with the established Standard Operating Procedures (See Attachment A to this
             section) as well as comply with the following requirements, which include, but are not limited to:
8.13.1.4.1   Contractor shall submit all new job requirements and postings with relevant qualifications and skills to
             the Economic Inclusion Team;
8.13.1.4.2   Contractor shall maintain records as necessary to prove that it followed the three-tier priority system for
             local hiring;
8.13.1.4.3   Contractor shall notify the Economic Inclusion Team when time is of the essence to hire workers and
             work together with the Team to develop an agreed upon plan of action;
8.13.1.4.4   Contractor shall submit on-going reports on the outcome of all interviews for EBDI-referred candidates
             and their hiring status;
8.13.1.4.5   During the course of the project, Contractor is required to give written notice to Owner of any deviations
             to their manpower projection plans, for any reason; and
8.13.1.4.6   Contractor shall refer all residents, who walk up seeking employment with them directly, to EBDI to get
             them engaged in the Workforce Development Pipeline, if they qualify;
8.13.1.4.7   To the extent that, despite Contractor’s satisfaction of the above requirements to use the EBDI
             Workforce Development Pipeline as its first source to hire local residents, this process did not avail any
             qualified candidates, Contractor may fulfill their goals by using non-EBDI sources (including walk-ons to
             the Project residing in the designated 11 ZIP codes) to hire local, minority and women as defined by
             this Agreement, but Contractor shall obtain Owner’s express written concurrence before doing so;
8.13.1.4.8   In all hiring activities, Contractor shall follow the three-level geographical priority system specified
             herein; and
8.13.1.4.9   Contractor shall support a key objective of the Project, which is to provide employment opportunities to
             the residents of East Baltimore and support them in competing successfully for new jobs generated by
             the Project. Contractor agrees to implement its own job retention efforts and shall also assist EBDI in
             outreach and coordination efforts to ensure East Baltimore residents who are hired pursuant to this
             agreement, stay engaged with the Pipeline to promote job retention, additional skills training, and
             employment upgrades. These efforts may include, but are not limited to, training during employment to




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          position candidate for subsequent re-employment, additional post-employment training (including skilled
          apprenticeship training), Job Fairs and attendance at coordination meetings.


PART 2 - PRODUCTS - NOT USED


PART 3 - EXECUTION - NOT USED




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DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01 45 00
QUALITY CONTROL


PART 1 GENERAL
SUMMARY
1. Owner shall provide and pay for services of independent Testing and Inspection
   Agency(ies). Subject Agencies shall perform testing and inspection of construction materials
   and procedures for conformity with the Contract Documents for the following, to the extent
   they are applicable to Project:
    (a) Earthwork, including inspection of subgrades by geotechnical engineer.
    (b) Concrete work, including finished floor tolerance.
    (c) Structural and miscellaneous steel
    (d) Steel decking
    (e) Baseplate grout
    (f)   Roofing system and roof insulation
    (g) Unit masonry
    (h) Precast panel systems
    (i)   Code - required special inspections
    (j)   Testing and Balancing per mechanical specifications.
    (k) Other work specified herein.
2. Contractor shall pay for retesting required due to failed tests.
3. Coordinate the work under this Section with pertinent requirements under Specifications.
4. Provide access to the Work for Testing and Inspection Agencies employed by Owner by
   ceasing work in areas where tests and inspections are required, providing samples for
   testing, providing means of protecting and transporting samples on the Project site and
   furnishing safety equipment and ladders, scaffolding and lighting.
5. Wherever required by the Contract Documents and as directed by the Owner, submit
   documents prepared by Contractor under this Section to Owner for approval.
6. Allow and assist Owner and its Testing and Inspection Agencies to continuously inspect the
   Work, including any and all items of material and equipment, at all stages of the
   development and fabrication, both on and off the Project site.
SUBMITTALS
1. Testing and Inspection Agency shall submit Certified written report of each test, inspection
   or similar service to Contractor (one copy) and the Owner.
2. Report Data: Written reports of each test inspection or similar service shall include:



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    (a) Date of issue
    (b) Project title and number
    (c) Name, address and telephone number of Testing and Inspection Agency
    (d) Dates and locations of samples and tests or inspections
    (e) Names of individuals making inspection or test
    (f)   Designation of the work and test method
    (g) Identification of product and Specification Section
    (h) Complete inspection or test data
    (i)   Test results and an interpretations of test results
    (j)   Ambient conditions at time of sample-taking and testing
    (k) Professional recommendation as to whether inspected or tested work complies with
        Contract Document requirements
    (l)   Name and signature of laboratory inspector
    (m) Recommendations on retesting
QUALITY ASSURANCE
1. Testing and Inspection Agency will satisfy the following requirements:
    (a) Testing and inspection agency shall be authorized by the State of Maryland, and shall
        employ a full time registered Professional Engineer, licensed in that State, to review
        services.
    (b) Certifications are to be signed and sealed by a Professional Engineer licensed in the
        State of Maryland and knowledgeable in the engineering discipline associated with the
        inspection, test and other service or work for which the certification pertains.
    (c) Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy
        traceable to either National Institute of Science and Technology (NIST) Standards or
        accepted values of natural physical constants.
    (d) Comply with the following standards, as applicable to the activity involved, in addition to
        standards specified in other Sections:

           (i)    ASTM C802 - Practice for Conducting an Interlaboratory Test Program to
                  Determine the Precision of Test Methods for Construction Materials.
           (ii)   ASTM C1021 - Practice for Laboratories Engaged in the Testing of Building
                  Sealants.
           (iii) ASTM C1077 - Practice for Laboratories Testing Concrete and Concrete
                 Aggregates for Use in Construction and Criteria for Laboratory Evaluation.
           (iv) ASTM D3740 - Practice for Minimum Requirements for Agencies Engaged in
                Testing and/or Inspection of Soil and Rock as Used in Engineering Design and
                Construction.




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           (v)    ASTM D4561 - Practice for Quality Control Systems for Inspection and Testing
                  Agency for Bituminous Paving Materials.
           (vi) ASTM E329 - Specification for Agencies Engaged in the Testing and/or
                Inspection of Materials Used in Construction.
           (vii) ASTM E543 - Practice for Agencies Performing Nondestructive Testing.
           (viii) ASTM E2174 – Standard Practice for On-Site Inspection of Installed Fire Stops.
           (ix) Meet requirements of American Council of Independent Laboratories'
                "Recommended Requirements of Independent Laboratory Qualification", latest
                edition and satisfying the inspection criteria of Materials Reference Laboratory of
                National Institute of Standards and Technology.
           (x)    When performing work in connection with concrete, steel, and bituminous
                  materials, comply with ASTM E329 and ASTM D3666.
           (xi) When engaged in the testing and inspection of soils and rock or performing non-
                destructive testing, comply with ASTM D3740 and ASTM E543, respectively.
           (xii) Testing laboratories testing and inspecting masonry shall meet requirements of
                 ASTM-C1093.
           (xiii) Testing laboratories performing work not in connection with concrete, steel,
                  bituminous materials, soils and non-destructive testing shall comply with ASTM
                  E548.
    (e) Laboratory Inspection:       Prior to approval, the laboratory shall submit in writing the
        following:
    (f)   Functional description of the laboratory's organizational            structure,   operations
          departments and support departments and services.
          (i)     A list and resumes of the personnel assigned to the proposed testing, including
                  the person charged with engineering managerial responsibility.
          (ii)    Affidavit of compliance with the applicable ASTM publication and certification that
                  the laboratory performs work in accordance with technical requirements as
                  required by Specifications.
          (iii)   A list of test and inspection equipment for each of the proposed test procedures
                  and certification that the equipment is calibrated at prescribed intervals to ensure
                  the validity of the test and inspection data, in accordance with accredited
                  independent calibration agency.
          (iv)    A copy of the latest laboratory inspection report by an independent agency with
                  laboratory certification that deficiencies (if any) have been corrected.
    (g) Concrete testing and inspection personnel shall be ACI-certified as Concrete Field
        Testing Technician - Grade 1.
TESTING AND INSPECTION AGENCY RESPONSIBILITIES
1. Testing and Inspection Agency shall cooperate with the Owner and the Contractor in
   performance of its duties, and shall provide qualified personnel to perform required
   inspections and tests.



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2. Testing and Inspection Agency shall notify the Owner and the Contractor promptly of
   irregularities or deficiencies observed in the Work during performance of its services.
3. Testing and Inspection Agency is not authorized to release, revoke, alter or enlarge
   requirements of the Contract Documents, or approve or accept any portion of the Work.
4. Testing and Inspection Agency shall not perform any duties of the Contractor.
CONTRACTOR RESPONSIBILITIES
1. The Contractor shall plan and coordinate with agencies performing tests, inspections and
   similar services and provide auxiliary services as requested. Notify Testing and Inspection
   Agency sufficiently in advance (minimum two working days) of operations to permit
   assignment of testing personnel. Provide auxiliary services including:
   (a)   Providing access to the Work and furnishing incidental labor and facilities necessary to
         facilitate tests and inspections.
   (b)   Take adequate quantities of representative samples of materials that require testing
         and submit to Testing and Inspection Agency or assist Testing and Inspection Agency
         in taking samples.
   (c)   Provide facilities for storage and curing of test samples, and delivery of samples to
         Testing and Inspection Agency. These shall be for Testing Agency's exclusive use.
   (d)   Providing Testing and Inspection Agency with preliminary design mix proposed for use
         for materials mixes that require control by Testing and Inspection Agency.
   (e)   Provide security and protection of samples and test equipment at the Project site.
   (f)   Furnish Testing and Inspection Agency with mill tests showing heat number and
         corresponding mill certificates for reinforcing steel and structural steel.
   (g)   Furnish Testing and Inspection Agency with cement mill test reports.
   (h)   Remove and replace work which is rejected as result of tests performed that indicate
         failure to conform to requirements of Contract Documents.
COORDINATION
1. The Contractor shall coordinate sequence of construction operations with Testing and
   Inspection Agency to accommodate required testing and inspection services with no effect
   on the Contract Time.


PART 2 PRODUCTS
NOT USED


PART 3 EXECUTION
EARTHWORK
1. Owner shall employ and pay for professional geotechnical engineer licensed in the State of
   Maryland and Testing and Inspection Agency to perform for the following, and Contractor
   shall comply with their recommendations:


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                                                  Maryland Economic Development Corporation
                                                      State of Maryland Public Health Laboratory
                                           Request for Proposal - Testing and Balancing Services

 
           a. Obtain samples of soil proposed for use as fill and perform the following tests:
                    i. Test for suitability including gradation. Advise the Owner and the
                       Contractor whether soil is suitable for proposed use.
                   ii. If soil is found to be suitable, establish optimum moisture/density
                       relationship in accordance with ASTM D1557. Use results to control fill
                       placement and compaction operations.
           b. Inspect subgrade preparation and proofrolling operations.      Review and
              recommend proofrolling equipment. Determine soft areas and advise Contractor
              to undercut and replace with structural fill.
           c. Inspect footing subgrades prior to placement of concrete and verify that allowable
              soil bearing capacity meets that required or recommended by Owner-furnished
              geotechnical report. Advise Owner and the Contractor when footing bottoms
              need to be reworked or lowered to meet specified bearing capacity.
           d. Inspect fill, backfill and compaction operations. Perform field density tests
              according to ASTM D1556 or D2922 on each lift of compacted fill at locations
              adequate to evaluate degree of compaction but not less than 1 test per 900
              square feet of building and pavement area with a maximum spacing of 30 feet
              between test locations and minimum of 1 test per lift.
           e. Notify the Contractor and Owner immediately of test results. When test results
              fall below specified density, advise the Contractor to rework area and retest until
              specified density is obtained.
CONCRETE:
1. Testing and Inspection Agency will perform and report to Owner on the following:
     1.   Concrete Quality Control:
          a. Inspect concrete placement, vibration and curing.
          b. Slump, cylinder and other tests as specified below. Perform tests more frequently
             than specified as necessary to control quality.
          c. Obtain samples of aggregates that the Contractor proposes to use and test for
             compliance with the Specifications.
          d. Review the Contractor's proposed mix designs.         Submit to Contractor and to
             Owner for review and approval.
          e. Attend Preconstruction Conference as described in SECTION - CAST-IN-PLACE
             CONCRETE.
          f.   Inspect and test concrete materials during the Work for compliance with the
               Specifications and approved mix designs.
          g. Review consistency of the mix design for each concrete placement.
2. Concrete Tests
          a. Sample concrete in accordance with ASTM C172 at the rate of 1 sample per 50
             cubic yards or fraction thereof of concrete placed each day. Record placement
             location of each sample.


Section 01 45 00                          Page 25 of 80                            Quality Control 
                                                    Maryland Economic Development Corporation
                                                        State of Maryland Public Health Laboratory
                                             Request for Proposal - Testing and Balancing Services

 
         b.   Test each sample as follows:
              Slump test in accordance with ASTM C143
              For air-entrained mixes, air content test in accordance with ASTM C173
              For lightweight concrete, unit weight test in accordance with ASTM C13.
              Measure concrete temperature
              Submit test results on a weekly basis
         c.   From each sample, make and cure 6 test cylinders in accordance with ASTM C31.
              Compression test cylinders in accordance with ASTM C39 as follows:
              1) Test 2 cylinders at 7 days.
              2) Test 2 cylinders at 28 days.
              3) Hold 2 cylinders in reserve in the event additional testing is determined
                 necessary by the Owner.
         d.   Prepare and maintain a continuous up-to-date log of concrete strength test results
              in both graphical and tabulated form for each type of concrete used. A strength
              test shall be the average strength of two cylinders made from same sample of
              concrete and tested at 28 days. Submit updated copy of log to the Owner on a
              weekly basis. Each submittal shall state current average strength and standard
              deviation.
         e.   Cement Mill Test Reports
              (1) Obtain mill test reports from the Contractor for cement used in each concrete
                  placement sampled.
              (2) Review cement mill test reports and attach them to sample test result
                  submittals. Submit to Owner for record.
3. Pre-Placement Sign-Off Form
         a. Prior to placement of concrete, Contractor shall:
                   (i) inspect placement of reinforcement, including size, type, location, spacing,
                       splices, clearance between bars and forms, firmness of installation and
                       security of supports and ties.
                   (ii) inspect placement of rigid screeds for placement of concrete floors, and
                        verify that they are correctly spaced, located and anchored.
                   (iii) Satisfy Owner that Contractor has timely obtained signatures of Contractor
                         and mechanical, plumbing, electrical and any other relevant subcontractors
                         on Owner’s pre-pour inspection form, validating that the above reinforcing
                         and screed requirements have been satisfied, that all embeds are anchored
                         and protected in the correct locations and that penetrations, block-outs and
                         other features are correctly located in the formwork.
                   (iv) Not order concrete until Contractor has given Owner an opportunity to
                        review the proposed concrete placement area. Provide Owner a minimum


Section 01 45 00                            Page 26 of 80                             Quality Control 
                                                     Maryland Economic Development Corporation
                                                         State of Maryland Public Health Laboratory
                                              Request for Proposal - Testing and Balancing Services

 
                       of 2 hours review time, and allow Contractor deficiency correction time
                       before any concrete is delivered to site. Contractor shall make its best effort
                       to complete the foregoing activities the day before each concrete
                       placement. Owner is entitled to prevent Contractor from placing any
                       concrete until Owner is satisfied that all deficiencies are corrected.
                       Contractor’s failure to follow these time and procedure requirements may
                       result in Owner rejecting loads of concrete delivered to site and Contractor
                       paying therefor.
         b. Contractor may not order concrete for placement until the foregoing form is fully
            signed off. Contractor shall remove ready-mix trucks from the project site if this
            requirement is not followed.
4. Concrete Batch Plant Inspection by Testing Agency
         a.     Provide qualified inspector and apparatus to inspect weighing and batching of
                concrete at batch plant. Inspect batch plant on first day that each different mix is
                used on the Project and at least once more on a random basis.
         b.     Check whether materials being used are in accordance with approved mix
                designs.
         c.     Measure moisture content of aggregate stockpiles and check whether batch
                weights are being adjusted to compensate for variations in moisture content.
         d.     Submit promptly to Owner certification of weights used in loads of accepted
                concrete batched during plant inspection.
5. Additional Tests:
              a. Testing and Inspection Agency shall make additional tests of in-place concrete
                 when test results indicate specified concrete strengths and other characteristics
                 have not been attained in structure, as directed by the Owner. Agency may
                 conduct tests to determine adequacy of concrete by cored cylinders complying
                 with ASTM C42, or by other methods as directed. The Contractor shall pay for
                 such tests conducted, and any other additional testing as may be required, when
                 unacceptable concrete is discovered.
6. Floor Tolerance Measurements:
              a. Testing and Inspection Agency will perform tests for determining floor flatness
                 and levelness in accordance with ASTM E1155 (unless the detailed technical
                 specifications have stricter requirements) within 16 hours after completion of final
                 troweling operations and before forms and shores have been removed. Tests
                 shall be performed using Type I or Type II apparatus. Contractor shall correct
                 any material anomalies.
STRUCTURAL STEEL
1. To the extent applicable on Project, Testing and Inspection Agency shall perform the
   following:
              b. Tests and inspection of structural steel by Testing and Inspection Agency shall
                 be as follows:



Section 01 45 00                             Page 27 of 80                             Quality Control 
                                                  Maryland Economic Development Corporation
                                                      State of Maryland Public Health Laboratory
                                           Request for Proposal - Testing and Balancing Services

 
                   i. Test of Mill Order ASTM A36, ASTM A572, Grades 50 Steel: Where
                      ASTM A36 and ASTM A572 steel, ordered from mill, cut to lengths, are
                      identified with shipment tags at the Project site, by heat or melt numbers
                      and are accompanied by corresponding mill analysis test reports, use
                      these material without further local tests, provided that an affidavit is
                      given that materials conform with requirements and that Owner receives a
                      copy of such documentation for the record. In case of controversy, or
                      upon Owner request, tension and bend tests of materials, either locally or
                      at mill, as required for local stock.
                   ii. Test of Local Stock Steel: If local stock structural steel can be identified
                       with shipment tags at the Project site, by heat or melt numbers and is
                       accompanied by corresponding mill analysis and test reports, stock may
                       be used, provided that one tension and one bend test are made for each
                       10 tons or fractional part thereof, of stock used in the Work for each type
                       and source of reinforcing and rolled structural steel shape. Provide
                       complete four-sided surface inspection for materials. Test and stamp
                       each piece for high-strength local stock steel. Allow Owner to witness
                       tests.
                   iii. Test specimens shall be taken by the Contractor under direction of
                        Testing and Inspection Agency and shall be machined by Testing and
                        Inspection Agency to dimensions required by related applicable standard
                        ASTM Specifications. Allow Owner to witness tests.
           c. Ultrasonic Material Inspection
                   i. Material, 3/4 inch or greater in thickness, in the following connections
                      shall be ultrasonically tested in accordance with ASTM A388, ASTM A745
                      and ASTM E317 for laminations:
                          1. Column material within 6 inches either side of girder flanges
                             where girder flanges are direct butt-welded to column, unless
                             otherwise noted on the Drawings.
                          2. Test, at shop, cap plate material, baseplate material and bearing
                             plates material within 6 inches either side of direct butt weld.
                          3. Test material in designated location for lamination by ultrasonic
                             means before fabrication, in accordance with AWS D1.1 as
                             amended and as specified herein.
                          4. Detection of Laminations: Rejectable defects discovered by
                             ultrasonic means are defined as follows:
                                  a. Using suitable calibrated ultrasonic equipment, flaw
                                     indications must result in 100 percent loss of back
                                     reflection over entire area of defect. Maximum permissible
                                     area of flaw indication shall be 3 square inches with
                                     maximum permissible length of 4 inches.
                                  b. If flaws are detected, they may be repaired by welding,
                                     subject to review by the Owner.




Section 01 45 00                          Page 28 of 80                             Quality Control 
                                                  Maryland Economic Development Corporation
                                                      State of Maryland Public Health Laboratory
                                           Request for Proposal - Testing and Balancing Services

 
                                  c. Flaws with area or length greater than criteria set out in
                                     paragraph (a) above shall be cause for complete rejection
                                     of material being tested. Contractor shall remove this
                                     material from the Work.
           d. Tests of Field Welding: Testing and Inspection Agency shall visually inspect field
              welding. Testing and Inspection Agency shall comply with regulations of
              governing local codes and shall certify in writing, upon completion of the Work,
              that field welding was performed in accordance with Construction Documents
              and applicable ordinances.
           e. Qualifications of Welders: By means of bend-testing of coupons, qualify each
              welder employed for any kind of on-site welding by any trade, for any purpose
              and allow Owner to witness qualification testing. Verify certification of each
              welder on job, and his qualifications for particular position in which he will work
              on any of: structure, miscellaneous metals, or MEP-related fabrications, details or
              assemblies. Testing agency shall maintain records of such qualifications
              available for review by Owner upon request. Contractor shall mark all field welds
              with mark that is unique and traceable to each individual welder. Re-qualification
              of welders may be required if welders' work indicates a need or upon Owner
              request. Contractor shall ensure that welders shall hold current certification for
              particular position in which each person is working. Welders may perform field
              welds under a Project-specific certificate, provided the Testing and Inspection
              Agency tests and certifies such welders for the positions, procedures, rods and
              metallurgy concerned.
           f.   Continuous Inspection of Welds: Inspect field-welded connection by visual, liquid
                penetrant, ultrasonic, or other approved nondestructive tests. "Random" tests
                are defined as:
                   1) at least one test per assembly type, for each weld type or,
                   2) at least 5% of all welds of a particular type per assembly type, whichever
                      yields the higher number. Upon location of a defect indicated by random
                      testing, perform ever-widening tests within the immediate category of
                      work and related categories, of types and scope recommended and
                      approved by Owner, until the full scope and extent of such defects is
                      identified and corrected by Contractor.




Section 01 45 00                          Page 29 of 80                             Quality Control 
                                                    Maryland Economic Development Corporation
                                                        State of Maryland Public Health Laboratory
                                             Request for Proposal - Testing and Balancing Services

 
               TABLE: INSPECTION AND TESTS FOR VARIOUS APPLICATIONS
                                                             Inspection or Tests Required
                             Application              Visual        Radio-     Liquid        Ultrasonic
                                                                    graphic    Penetrant


                        Structural Steel
                        (a) Tack weld                 Yes           No         No            No
                        (b) Root pass                 Yes           No         Random        No
                        (c) Intermediate passes       Yes           No         No            No
                        (d) Completed weld            Yes           No         Random        Random

              c.   Visual Inspection: Required for field tack welds, root welds, intermediate
                   passes and completed welds.
              d.   Ultrasonic Testing: Required for field butt welds, full penetration welds,
                   partial penetration welds and groove welds as described in Paragraph,
                   Ultrasonic Testing.
              e.   Particle/Liquid Penetrant Testing
                   1)   Required for field fillet welds.
                   2)   Test Method: As determined by Testing and Inspection Agency.
              f.   Ultrasonic Testing
                   1) Perform complete ultrasonic testing according to AWS E164, ASTM E317
                      and ASTM E587 by qualified technician, who shall operate equipment,
                      examine complete weld and maintain record of welds examined, defects
                      found and disposition of each defect. Contractor shall repair defective
                      welds, including retesting of defective welds.
                   2) Initially, welds requiring ultrasonic testing shall be tested for each welder
                      in order to establish qualifications of each individual welder. If rejectable
                      defects occur in less than 5 percent of welds tested, frequency of testing
                      may be reduced to 25 percent of welds for each welder. If more, 100
                      percent testing shall be re-established until rate is reduced to less than 5
                      percent. Calculate percentage for each welder independently. Welders
                      who have rejectable weld rate of 5 percent or greater for two consecutive
                      work days or more, shall be immediately removed by Contractor from the
                      Work.
                   3) When ultrasonic indication arising from weld root can be interpreted as
                      either a weld defect or backing strip, remove backing strip and if no root
                      defect is indicated on this retest and no significant amount of base and
                      weld metal have been removed, joint needs no further repair or welding.
                      If defect is indicated, Contractor shall repair it.




Section 01 45 00                             Page 30 of 80                                  Quality Control 
                                                   Maryland Economic Development Corporation
                                                       State of Maryland Public Health Laboratory
                                            Request for Proposal - Testing and Balancing Services

 
                   4) When ultrasonic testing indicates possible weld defect which would
                      require repair, Contractor may at his option and expense, elect to perform
                      radiographic testing of weld to ascertain if weld defect exists and require
                      repair before performing corrective measures.
                   5) Questionable root indications that prove not to be defects shall not count
                      against welder to increase test rate.
                   6) Ultrasonic instrumentation shall be calibrated by technician to evaluate
                      quality of welds in accordance with AWS D1.1 as amended. Maintain
                      calibration records on the Project site.
                   7) Welds examined visually which indicate possibility of having defects shall
                      be tested. This testing is not included in number of welds to be tested as
                      set out in Paragraph (2) above.
              g.   Liquid Penetrant Testing
                   1)   Perform liquid penetrant testing in accordance with ASTM E165 by
                        qualified technician, who shall perform tests, interpret results with
                        respect to quality of weld and repairs and maintain record of welds
                        examined, defects found and disposition of each defect. Defective weld
                        shall be repaired and costs including retesting of defective welds shall be
                        borne by Contractor.
                   2)   Initially, welds requiring penetrant testing shall be retested at rate of 100
                        percent of first 21 welds for each welder. If rejectable defects occur in
                        less than 5 percent of welds tested, frequency of welds tested may be
                        reduced to 20 percent of welds for each welder. If rate of rejectable
                        defects increases to 5 percent or more, 100 percent testing shall be re-
                        established until rate is reduced to less than 5 percent. Calculate
                        percentage of each welder independently. Contractor shall remove from
                        the Work, welders who have rejectable weld rate of 5 percent or greater,
                        for two or more consecutive work days.
                   3)   When liquid penetrant testing indicates possible defect which would
                        require repair, Contractor may at his option and expense, elect to
                        perform ultrasonic or radiographic testing of weld to ascertain if weld
                        defect exists and requires repair before performing corrective measures.
                   4)   Welds examined visually which indicate possibility of having defects shall
                        be tested. This testing is not included in number of welds to be tested as
                        set out in Paragraph (2) above.
                   5)   Magnetic particle inspection in accordance with ASTM E709 may be
                        used instead of liquid penetrant inspection for welds in carbon steel.
          3. Testing of Shop Welds: Visually inspect 100% and ultrasonically test 25% of
             completed full penetration welds in rigid bents to be erected in the Project.




Section 01 45 00                           Page 31 of 80                               Quality Control 
                                                   Maryland Economic Development Corporation
                                                       State of Maryland Public Health Laboratory
                                            Request for Proposal - Testing and Balancing Services

 
              Defective welds shall be repaired and costs, including retesting, shall be borne by
              the Contractor.
          4. Testing of High Strength Bolted Connections
              a.   Perform periodic checks of high strength steel bolt connections in field.
                   Contractor shall maintain, during erection, manual calibrated torque wrench,
                   and shall provide labor and scaffolding as required for testing and inspection
                   work to be performed by Testing Agency. Testing and Inspection Agency
                   shall also inspect calibrated, manual or power torque equipment intended for
                   use in performing high strength bolting operations, including for MEP work.
              b.   Perform testing in accordance with methods and procedures specified in
                   Sections 5 and 6 of Specifications for "Structural Joints using ASTM A325 of
                   ASTM A490 Bolts" as approved by Research Council on Structural
                   Connections of the Engineering Foundation (RCSC), dated August 14, 1980.
                   If load indicator washers are used, installation and testing procedures shall
                   follow load indicator washer manufacturer's recommendations, including
                   corrections to be made for galvanized installations. Contractor shall install
                   bolts in accordance with requirements of Specification Sections 1 to 5
                   inclusive (applicable provisions) of RCSC Specifications.
STEEL DECKING
To the extent applicable to Project, Testing and Inspection Agency will perform the following:
     1.   Field inspection of metal deck for proper type, gauge, finish and erection.
     2.   Review Contractor-furnished test data and other substantiating evidence showing that
          proposed metal deck conforms to Contract Documents. Where applicable, conduct
          tests as set forth in AISI specifications.
     3.   Provide inspection of welding of steel decking by qualified technician, who shall
          maintain record of welds examined, defects found and disposition of each weld.
          Defective welds shall be repaired and costs including retesting of defective welds
          shall be borne by Contractor.
BASEPLATE GROUT
To the extent applicable to Project, Testing and Inspection Agency will perform the following:
     1.   Inspect installation of baseplate grout.
     2.   For every five baseplates grouted, grout strength shall be tested with set of cubes as
          follows:
           a. Set of cubes shall consist of three cubes to be tested at seven days and three
              cubes to be tested at 28 days. Test cubes shall be made and tested in
              accordance with ASTM C109 with exception that grout should be restrained from
              expansion by top plate.



Section 01 45 00                           Page 32 of 80                            Quality Control 
                                                    Maryland Economic Development Corporation
                                                        State of Maryland Public Health Laboratory
                                             Request for Proposal - Testing and Balancing Services

 
ROOFING AND ROOF INSULATION
1.   Testing and Inspection Agency will perform the following:
     a.    Quality control inspection during and at completion of roof construction work shall
           include the following:
               i.   Attending pre-roofing conference prior to installation of roofing.
               ii. Verify materials delivered to job site are those approved by the Owner.
               iii. Verify use of installation procedures agreed upon in pre-roofing conference.
               iv. Inspect roof deck prior to installation of roofing materials.
               v. Inspection of application and bond of plies.
               vi. Performing mechanical fastener pull-out test for roof insulation.
               vii. Inspection of roof drains for missing bolts, broken drain components and
                    foreign materials left in drains.
               viii. Inspection of roof for roof cuts, holes, flashings and proper terminations in
                     roofing systems.
               ix. Inspection of roof for temporary night seal at end of each day's work.
               x. Overall inspection of completed roof work for proper installation.
               xi. Preparing daily reports describing work performed, weather conditions and
                   manpower. Including daily submission thereof to the Owner.
               xii. Verify that roofing work constructed meets the requirements of the NRCA.
UNIT MASONRY
1.   Testing and Inspection Agency to perform the following:
     b.    Testing and inspection of unit masonry shall be as follows:
               i.   Concrete Masonry Unit Test: Test units for strength, absorption and moisture
                    content in accordance with ASTM C140.
               ii. Reinforcing Steel and Ties: Inspect placement of reinforcing and ties
                   including size, type, location, spacing, clearances and firmness of installation.
               iii. Mortar: Inspect mortaring operations. Prepare mortar cubes and test
                    compressive strength in accordance with ASTM C780 "Preconstruction and
                    Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry"
                    Annex A7 "Compressive Strength of Molded Masonry Mortar Cylinders and
                    Cubes" at rate of 3 cubes per 2,000 sq. ft. of wall area or portion thereof.
               iv. Grouting: Inspect grouting operations.




Section 01 45 00                            Page 33 of 80                                Quality Control 
                                                Maryland Economic Development Corporation
                                                    State of Maryland Public Health Laboratory
                                         Request for Proposal - Testing and Balancing Services

 
SCHEDULE OF INSPECTIONS AND TESTS
    The following Sections provide guidance regarding the minimum quantity of testing
    and inspection under this Section. In the event the detailed technical specifications
    or other Contract requirements require more testing and inspection or more stringent
    testing and inspection, Contractor shall submit its work to such tests and inspection.
       1. Division 01 – Commissioning Specification Sections
       2. Section 03 05 00 - Concrete.
       3. Section 03 08 13 - Concrete Testing and Evaluation - Owner
       4. Section 03 41 00 - Precast Structural Concrete.
       5. Section 03 45 00 - Architectural Precast Concrete.
       6. Section 04 20 00 - Unit Masonry Assemblies.
       7. Section 05 12 00 - Structural Steel.
       8. Section 05 40 00 - Cold-Formed Metal Framing.
       9. Section 07 13 53 - Sheet Waterproofing
       10. Section 07 14 00 - Fluid applied Waterproofing
       11. Section 07 17 00 - Bentonite Waterproofing.
       12. Section 07 24 00 - Exterior Insulation and Finish System (EIFS).
       13. Section 07 27 28 - Air/ moisture Barrier Membrane
       14. Section 07 71 00 - Roof Specialties
       15. Section 07 84 13 - Firestopping and Firesafing.
       16. Section 08 44 13 - Metal Framed Curtain Wall System.
       17. Section 23 41 33 - HEPA Containment Filter Assemblies.
       18. Section 26 05 93 - Electrical Testing and Inspections.
       19. Section 31 05 00 - Earthwork, for 31 23 23 - Backfilling and Compaction for
           excavation and fill.
       20. Section 32 12 16 - Asphaltic Concrete Paving.



                                   END OF SECTION




Section 01 45 00                       Page 34 of 80                            Quality Control 
                                                         Maryland Economic Development Corporation
                                                             State of Maryland Public Health Laboratory
                                                  Request for Proposal - Testing and Balancing Services

 
                                                  SECTION 01 45 79
                               PRESSURE TESTING OF SPECIAL ROOMS
1. SECTION INCLUDES
    1.1. Pressure testing of scheduled rooms to determine compliance with allowable leakage rates.
    1.2. Test reports.
2. RELATED SECTIONS
    2.1. Section 01 45 23 - Testing and Inspecting Services, for administrative procedures and methods
         of payment for testing and reporting.
    2.2. Section 01 91 00 – Commissioning, for requirement criteria for testing BSL-3 laboratory spaces.
    2.3. Section 07 92 00 - Joint Sealers, for joint sealers at control joints; wall, floor and ceiling
         penetrations; around door and window frames and other locations indicated.
    2.4. Section 08 71 00 - Door Hardware, for door gasketting and door bottoms.
    2.5. Section 09 21 16 - Gypsum Board Assemblies, for acoustical sealants at gypsum board
         systems, at framing, penetrations and control joints.
3. SUBMITTALS
    3.1. Test Reports: Follow Section 01 45 23.
4. SCHEDULING
    4.1. Schedule tests and notify O/R and A/E two weeks prior to testing date.
5. MATERIALS
    5.1. Blower: SMACNA HVAC air duct leakage test apparatus, with airflow capacity greater than
         allowable room leakage and inclined manometer for measuring orifice differential below 1 inch
         (25.4 mm) w.g.
    5.2. Test Pressure Manometer: Dwyer Model No. 115 (minus 0.05 inch (1.27 mm) to plus 0.25 inch
         (6.35 mm) w.g., inclined type.
    5.3. Miscellaneous: Painter tape, polyethylene sheet, and other materials as required to seal
         openings in room.
6. EXAMINATION
    6.1. Verify that joint sealers at control joints and at room penetrations have been installed and are
         sufficiently cured.
    6.2. Verify that door gasketting and door bottoms have been installed and are in working order, and
         that doors close and latch in normal manner.
7. PREPARATION
    7.1.      Except for openings required for connecting test equipment, seal off air outlets and inlets,
              fume hoods, canopy hood, Biosafety cabinets, snorkels, storage cabinets or any other
              exhaust device within room.
    7.2.       Do not provide additional joint or penetration sealing other than that specified.
    7.3.       Do not provide additional door seals other than those specified.
8. ROOM LEAK TESTING
    8.1.      Utilize transfer grille opening to route tubing into the room from outside of the room. Seal
              opening using polyethylene sheet and tape. Connect plain end of orifice tube to room to be


Section 01 45 79                                 Page 35 of 80             Pressure Testing of Special Rooms 
                                                      Maryland Economic Development Corporation
                                                          State of Maryland Public Health Laboratory
                                               Request for Proposal - Testing and Balancing Services

 
             tested, using short piece of flex tubing. Carefully tape connection to avoid leaks. Use
             caution when taping to the wall or door and transfer grille frames to prevent damage to the
             facility, especially to avoid removal of paint.
    8.2.     If transfer grille does not exist for selected room, utilize a Plexiglas sheet secured and
             sealed to the door frame or submit an alternative option for approval by A/E.
    8.3.     Do not use downstream tap on orifice tube to measure system static pressure. Doing so
             could lead to erroneous results.
    8.4.     Adjust fluid level in both manometers to zero scale, adding fluid when necessary. Fluid
             columns in each manometer should be equal and leveled at scale zero.
    8.5.     Connect a section of plastic tubing to test pressure manometer, and insert other end into
             the room. Tape seal connection to avoid leaks.
    8.6.     Using plastic tubing, connect orifice differential manometer to orifice tube on either side of
             orifice plate.
    8.7.     Connect blower to orifice tube. Place 4 inch (102 mm) square of heavy gauge sheet metal
             completely over free end of blower opening, and start blower on low speed.
    8.8.     Gradually open blower inlet by shifting sheet metal damper. Note change in fluid column of
             test pressure manometer. This indicates pressure in duct in inches of fluid. Differential
             pressure is determined by subtracting reading of low pressure leg from reading of high
             pressure leg of two fluid columns.
    8.9.     When specified test pressure is reached, allow blower to run for one minute to make sure
             that pressure is stabilized. Adjust position of sheet metal damper to vary pressure as
             needed to reach a stable reading at test pressure manometer.
    8.10.    When pressure is holding steady, air blowing into room should exactly balance air escaping
             room.
    8.11.    Using calibration curve, determine CFM leakage from room. Record actual leakage rate on
             test report to be submitted to the Commissioning Agent and A/E.
    8.12.    Room Leak Test - RETESTING
             8.12.1.     Examine rooms having excessive leakage, to locate faulty joint seals or
                         improperly adjusted door seals.
             8.12.2.     Have corrections made by responsible trade.
             8.12.3.     After corrections, retest rooms until allowable leakage rate is achieved.
    8.13.    Room Leak Test - SCHEDULE
             8.13.1.     Randomly test 25% of each type of room specified in the schedule below. If
                         ten percent (10%) of the rooms fail the room leak test; increase the amount of
                         rooms tested by another 25% (50% total). Continue increasing rooms tested if
                         additional set of rooms exceed the same ten percent failure rate; up to 100%
                         testing of all rooms if failures exceed 31%.


                   Room Type               Room Leak Test Pressure            Allowable Test Leakage
                                            Differential (inches w.c.)              Rate (cfm)
               BSL-3 Third Floor                       0.05                               <75
              BSL-3 Fourth Floor                       0.05                               <75




Section 01 45 79                              Page 36 of 80             Pressure Testing of Special Rooms 
                                                      Maryland Economic Development Corporation
                                                          State of Maryland Public Health Laboratory
                                               Request for Proposal - Testing and Balancing Services

 
                    Room Type              Room Leak Test Pressure           Allowable Test Leakage
                                            Differential (inches w.c.)             Rate (cfm)
               BSL-3 Fifth Floor                       0.05                            <75
                      ABSL-3                           0.05                            <75
                      ABSL-2                           0.05                            <75
                   Prescreening                        0.05                            <75
                   Training BSL-3                      0.05                            <75
               Rabies/Necropsy                         0.05                            <75


9. PRESSURE EXTREME TEST
    9.1.     After the room has passed its Leak Test above; utilizing the same procedure as noted
             above, contractor shall lower the room static pressure to a value of 2.0 inches w.c. for a
             period of 30 seconds to show the integrity of the room construction. Contractor shall
             exercise extreme caution to minimize damage during this test. A passing room will be one
             that does not show any signs of collapsing and caulk does not separate at penetrations into
             the room or along any joints.
             9.1.1.        Pressure Extreme Test - RETESTING
             9.1.2.        Examine any room that fails, and correct construction.
             9.1.3.        Have corrections made by responsible trade.
             9.1.4.        After corrections, retest failed rooms for both Room Leak and Pressure
                           Extreme Tests until room receives a passing grade for each test.
    9.2.     Pressure Extreme Test - SCHEDULE
             9.2.1.        Randomly test 25% of each type of room specified in the schedule below. If
                           ten percent (10%) of the rooms fail the pressure extreme test; increase the
                           amount of rooms tested by another 25% (50% total). Continue increasing
                           rooms tested if additional set of rooms exceed the same ten percent failure
                           rate; up to 100% testing of all rooms if failures exceed 31%.


                         Room Type               Pressure Extreme Test
                                                  Pressure Differential
                                                     (inches w.c.)
                      BSL-3 Third Floor                       2.0
                      BSL-3 Fourth Floor                      2.0
                       BSL-3 Fifth Floor                      2.0
                           ABSL-3                             2.0
                           ABSL-2                             2.0
                        Prescreening                          2.0
                       Training BSL-3                         2.0



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                     Room Type           Pressure Extreme Test
                                          Pressure Differential
                                             (inches w.c.)
                   Rabies/Necropsy                2.0


                                     END OF SECTION




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                                            SECTION 01 91 13

                             GENERAL COMMISSIONING REQUIREMENTS
PART 1 - GENERAL
1. WORK INCLUDED
    1.1.   Commissioning requirements common to all Sections.
    1.2.   Systems and equipment start-up and functional performance testing.
    1.3.   Validation of proper and thorough installation of systems and equipment
    1.4.   Equipment performance verification.
    1.5.   Documentation of tests, procedures, and installations.
    1.6.   Coordination and requirements of training events.
    1.7.   Preparation and logistics of Facility Manual content
    1.8.   Management of Record Construction Documentation
    1.9.   Sequencing
    1.10. General Commissioning Requirements flow charts (PDF file) are included in Contract by
          reference.
2. GENERAL DESCRIPTION
    2.1. Commissioning (Cx) is the process of ensuring that all building systems are installed and perform
         interactively according to the design intent; that systems are efficient and cost effective and meet
         the Owner’s operational needs; that the installation is adequately documented; and that the
         Operators are adequately trained. It serves as a tool to minimize post-occupancy operational
         problems. It establishes testing and communication protocols in an effort to advance the
         building systems from installation to full dynamic operation and optimization.
    2.2. Commissioning Authority shall work with the Contractor and the Design Engineer to direct and
         oversee the Cx process and perform functional performance testing.
    2.3. The Commissioning Plan outlines the commissioning process beyond the Construction Contract.
          The specification sections dictate all requirements of the commissioning process relative to the
          construction contract. The Cx Plan is available for reference at the request of the Contractor;
          however it is not part of the construction contract.
    2.4. This Section and other Sections of the specification details the Contractor’s responsibilities
          relative to the Cx process. It expands on the Cx Plan, which covers the roles and responsibilities
          of Parties outside of the construction contract.
3. SCOPE
    3.1. This Section covers elements, requirements, procedures, and protocols common across all
          Divisions of the work. Requirements specific to individual Sections are generally specified in the
          technical specification as well as a dedicated Section for each of Divisions 21, 22, 23, 25, 26,
          and 28.
    3.2. Specific systems to be commissioned are indicated in the following Divisions of the Specification:
             3.2.1.1. Division 07 – Thermal and Moisture Protection: Requirements for Cx are specified in
                     Section 01 91 13.10 as well as in the individual Div 07 sections.
             3.2.1.2. Division 08 – Openings: Requirements for Cx are specified in Section 01 91 13.10 as
                     well as in the individual Div 08 sections.



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            3.2.1.3. Division 21 – Fire Suppression: Requirements for Cx are specified in Section 21 08
                    00 as well.
            3.2.1.4. Division 23 - HVAC: Requirements for Cx are specified in Section 23 08 00 as well
                    as in individual Div 23 Sections.
            3.2.1.5. Division 22 – Plumbing: Requirements for Cx are specified in Section 22 08 00 as
                    well as in individual Div 22 Sections.
            3.2.1.6. Division 25 – BAS: Requirements for Cx are specified in Section 25 08 00 as well as
                    in individual Div 25 Sections.
            3.2.1.7. Division 26 – Requirements for Cx are specified in Electrical: Section 26 08 00 as
                    well as in individual Div 26 Sections.
            3.2.1.8. Division 28 – Fire Alarm: Requirements for Cx are specified in Section 28 08 20 as
                    well as in individual Div 28 Sections.
4. Related Work and Documents
    4.1. Commissioning Plan: The Commissioning Plan outlines the commissioning process beyond the
         construction specification. All Contractor responsibilities are outlined in Specifications. Cx Plan
         is available to the Contractor to understand the context of their responsibilities but does not
         define any additional responsibilities of the Contractor
    4.2. Section 01 32 12 – Scheduling: Stipulates the scheduling requirement related to the Cx process.
    4.3. Section 01 33 23 – Submittals: Stipulates additional copies of submittals to be submitted and
          refers to other sections for additional submittal requirements related to Cx.
    4.4. Section 01 45 00 – Quality Control: Specifies the requirements for construction quality control.
    4.5. Section 01 45 70 – Pressure Testing of Special Rooms: Stipulates the requirements for testing
          the tightness of all aspects of construction
    4.6. Section 01 52 00 – Temporary Facilities and Controls: Specifies the requirements for using
          Owner’s permanent equipment for temporary conditioning in the facility.
    4.7. Section 01 77 00 – Closeout Procedures: Stipulates Final Completion requirements
    4.8. Section 01 78 23 – Operations and Maintenance Data: stipulates Operation and Maintenance
          Documentation required and development of data with respect to the asset management
          system.
    4.9. Section 01 78 36 – Warranties: Stipulates requirements for and the basic terms of the
          construction warranty.
    4.10.       Section 01 79 00 – Demonstration and Training: Defines the means and methods by
         which training programs shall occur.
    4.11.        Section 01 91 13.10 – Building Envelop Commissioning General Requirements:
         Stipulates the requirements specific to building envelope commissioning but general across
         different divisions.
    4.12.        Section 01 91 14 – Functional Testing Procedures:         Outlines the generic functional
         testing procedures required.
    4.13.       Section 01 91 11 – Interactive System Functional Testing Procedures:            Outlines the
         generic functional testing procedures required related to Interactive System Tests.
    4.14.       Section 01 91 16 – Representative Cx Forms: Presents representative forms that will
         track and document the start up and testing process as well as the overall Cx process.




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    4.15.       Individual Specification Sections: Individual sections stipulate installation, start-up,
         warranty, O&M documentation, and training requirements for the system or device specified in
         the Section.
    4.16.      Section 21 08 00 – Fire Suppression Systems Commissioning: Details the commissioning
         procedures specific to the Fire Protection Systems.
    4.17.      Section 22 08 00 –Plumbing Systems Commissioning: Details the commissioning
         procedures specific to Plumbing Systems (Div 22) work.
    4.18.      Section 23 08 00 – HVAC Systems Commissioning: Details the commissioning
         procedures specific to HVAC (Div 23) work.
    4.19.      Section 25 08 00 – Building Automation Systems Commissioning: Details the
         commissioning procedures specific to the Building Automation System.
    4.20.      Section 26 08 00 – Electrical Systems Commissioning: Details the commissioning
         procedures specific to Division 26 work.
    4.21.      Section 28 08 20 – Fire Alarm Systems Commissioning: Details the commissioning
         procedures specific to the Fire Alarm Systems.
5. DEFINITIONS and Abbreviations
    5.1.   Acceptance Phase: This is the phase of the project when the facility and its systems and
           equipment are inspected, tested, verified, and documented; and when most of the Functional
           Performance Testing some final training occurs. This will generally occur after the
           Construction Phase is complete (start-up and checks have been accomplished). The
           Acceptance Phase typically begins with certification by the Contractor that the systems have
           been started up in accordance with the approved protocols and the submission of the
           documentation of that start up. The Acceptance Phase ends with either (the successful
           completion of all functional performance testing and sign off by the Cx A as well as the DM
           and the Owner) AND (the successful completion of the Endurance Period as applicable for
           the critical areas).
    5.2.   Action Item (AI): Any issue that requires a response, completion, corrective or additional
           work, or any other action. Examples include a Request for Information (RFI), a work
           directive, a clarification request, a to-do item, an identified deficiency, or any other like item.
           Action Items must be categorized as appropriate.
    5.3.   Action List: This is a list that is maintained and updated by the CA that includes all Action
           Items that relate to Cx activities.
    5.4.    A/E: General reference to the Architect/Engineer lead-design entity.
    5.5.    ASHRAE: American Society of Heating, Refrigerating, and Air Conditioning Engineers.
    5.6.   Basis of Design (BoD) Document: The Basis of Design document shall respond to, and be
           consistent with, the performance criteria specified in the Design Intent Document. The BoD
           illustrates the means by which DID criteria are to be achieved, documenting the assumptions
           and parameters used in the design, and documenting the primary thought processes or
           decisions made that resulted in the selected alternatives. At the end of the project, the final
           BoD may be incorporated into the Facility Manual if desired in part or in its entirety.
    5.7.   Building Automation System (BAS): The computer-based control or automation system. May
           also be referred to as the FMS.
    5.8.   Building Automation System Contractor (ATC or BAC): Contractor responsible for providing
           the Building Automation System and automatic temperature controls specified in Division 25.
    5.9.   ComIT: Commissioning Information Tool, as software tool used for collaborative
           commissioning information management.


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    5.10.   Commissioning (Cx): The process of ensuring that all building systems perform interactively
            according to the design intent, the systems are efficient and cost effective and meet the
            Owner’s operational needs.
    5.11.   Commissioning Authority (CA): The Party retained by the Owner who will oversee the Cx
            process, develop and stipulate many of the Cx requirements, manage the Cx process, and
            ensure and validate that systems and equipment are designed, installed and tested to meet
            the Owner’s requirements.
    5.12.   Commissioning Coordinator (CxC): This refers to the Individual within each of the various
            Parties that is designated the POC for that Party relative to Cx activities.
    5.13.   Commissioning Portal: This is an internet hub for the collaboration on Cx information. This
            portal will act as a hub for posting electronic information.
    5.14.   Commissioning Specifications (‘Cx Specs’): Includes separate Cx specification sections and
            Cx-related subsections of other specifications. All Contractor requirements relating to Cx
            should be conveyed within the Cx Specs. Cx Specs should be referenced but not duplicated
            within the Cx Plan (which is designed to govern non-Contractor-related issues).
    5.15.   Commissioning Team (CxT): The group of Parties involved in the commissioning process for
            any given system. The Cx Team will include a core group involved with all systems. This
            core group will typically include the CA, the DM’s Cx Coordinator (DM-CxC)], the Owner’s Cx
            Coordinator (CxU-CxC)] and the GC’s Cx Coordinator (GC-CxC). On any given system, the
            Cx Team will also include the Cx Coordinator for the Contractor(s) responsible for the system
            or equipment.
    5.16.   Contractor: As used herein, ‘Contractor’ is a general reference to the installing Party and can
            therefore refer to the GC, subcontractors, or vendors as inferred by its usage.
    5.17.   Construction Manager (GC):       The party assisting the DM to manage the design and
            construction of the facility.
    5.18.   Construction Phase: Phase of the project during which the facility is constructed and/or
            systems and equipment are installed and started. Contractor and subcontractors complete
            the installation, complete start-up documentation, submit O&M information, establish trends,
            and perform any other applicable requirements to get systems started. Contractor and
            Vendors my also conduct equipment specific training. The Construction Phase will generally
            end upon completed start-up and TAB of systems and equipment.
    5.19.   Contract Documents: The documents governing the responsibilities and relationships
            between Parties involved in the design and construction of this project including (but not
            necessarily limited to):
    5.19.1.1. Agreements/Contracts;
    5.19.1.2. Construction Plans and Drawings;
    5.19.1.3. Specifications;
    5.19.1.4. Addenda;
    5.19.1.5. Change Orders;
    5.19.1.6. Cx Plan for reference only
    5.20.   Construction Documents: Refers generally to the Contract Documents that dictate the details
            of the installation (all but item a. above).
    5.21.   Deficiency: A condition in the installation or function of a component, piece of equipment or
            system that is not in compliance with the Contract Documents (that is, does not perform
            properly or is not complying with the design intent).



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    5.22.   Development Manager (DM): Owner’s representative for constructing the project. DM has
            retained the GC, A/E, and CA and are also acts as the Activation Manager
    5.23.   Electrical Contractor (EC): Contractor generally responsible for Div. 26 work
    5.24.   Endurance Period: Period after the successful completion of most system related FPTs while
            critical spaces are challenged by both the Owner and the CxT to assess final functionality.
            The Endurance Period generally starts with the completion of all FPTs with the exception of
            those ISFPTs that are approved to occur during the Endurance Period. It ends after the
            successful operation of the space and supporting systems for a contiguous 30 day period.
            The end of the Endurance Period coincides with Final Completion.
    5.25.   Facility Management System (FMS): Alternate reference to the computer-based control or
            automation system. May also be referred to as the BAS.
    5.26.   Facility Manual: The Facility Manual is the final deliverable from the Cx process, and provides
            the information needed to understand, operate, and maintain the facility and its systems. It
            should be the repository of all updates and corrections as they occur (even through
            occupancy). The Facility Manual expands the scope of standard O&M documentation to
            incorporate additional information developed through the commissioning process. This is
            also often called a ‘Systems Manual’ throughout ASHRAE Cx references.
    5.27.   Factory Authorized Representative: An individual fully trained on the equipment and certified
            by the manufacturer to perform the respective task.
    5.28.   Factory Testing: Testing of equipment off-site at the manufacturer’s facility.        May be
            witnessed by the members of the project team.
    5.29.   Field Testing by Factory Authorized Representative: On site testing of equipment conducted
            by a factory authorized representative.
    5.30.   Fire Alarm Contractor (FAC): Contractor generally responsible for the fire alarm system
            installation specified in section 28 31 11
    5.31.   Fire Suppression Contractor (FSC): Contractor generally responsible for the installation of the
            fire suppression system (sprinkler, standpipe, and fire pump) as specified in Division 21.
    5.32.   Functional Completion: A milestone that marks the completion of the Acceptance Phase and
            successful completion of the FPTs by the CA.
    5.33.   Functional Performance Testing (FPT): The detailed and thorough testing of the building
            systems and the components and equipment making up those systems. References made to
            FPT throughout the documents are generally inclusive of ISFPT unless specifically indicated
            otherwise.
    5.34.   General Contractor (GC): The party acting as the primary coordinator of all the major
            subcontractors (MC, EC, TAB, BAC, etc as applicable).
    5.35.   IAQ: Indoor Air Quality
    5.36.   Interactive System Functional Performance Testing (ISFPT): The detailed and thorough
            testing of the interactions of various systems in the building. ISFPTs are considered a subset
            of the overall concept of FPT and therefore references made to FPT generally will include
            ISFPTs unless specifically indicated otherwise.
    5.37.   Manufacturer’s Representative: Either an individual in direct employ of the manufacturer of
            the applicable system, or an individual who is certified by that manufacturer to perform the
            applicable work for which the reference is made. This is synonymous with Factory
            Authorized Representative
    5.38.   Mechanical Contractor (MC): Contractor generally responsible for Div.22 and 23 work



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    5.39.   O&M Documentation: This refers to Contractor-developed documentation designed to
            address the needs of facilities personnel and customized for the context of the specific facility
            and installation. The foundation of O&M Documentation is manufacturer’s literature
            (including ‘O&M Manuals’, parts lists, troubleshooting guides, etc.) as well as Contractor-
            developed instructions for start-up and shut-down, sequences, and other installation-specific
            information. O&M Documentation content is a subset of the Facility Manual.
    5.40.   O&M Manuals: This term shall be reserved for referencing manufacturer-published O&M
            documents, which generally has not been developed exclusively for this specific facility.
    5.41.   Opposite Season: The season opposite that when the majority of the testing occurs.
    5.42.   Owner/Operator (O/O): This is a combined reference to the both the operators of the facility,
            in this case Forest City New East Baltimore Partnership
    5.43.   Party: Entity legally responsible for portion of work.
    5.44.   Point of Contact (POC): General reference to the key individual within each Party.
    5.45.   Project Phases: Phases of the project include the Construction Phase, Acceptance Phase,
            and Warranty Phase
    5.46.   Project Officer (PO): Individual or entity directly authorized by the construction contract and
            agreements to authorize work.
    5.47.   RFI: Request for Information
    5.48.   Scheduled Outage: A period of time, scheduled by Owner, in which the system is out-of-
            service or not to be used by occupants.
    5.49.   Start-Up: Refers to the quality control process whereby the Contractor verifies the proper
            installation of a device or piece of equipment, executes the manufacturer's starting
            procedures, completes the Start-Up Checklist, energizes the device, verifies that it is in
            proper working order and ready for dynamic testing, and completes the Start-Up Tests.
    5.50.   Start-Up Checklist Item: A list of items to inspect to verify proper installation of equipment or
            systems by the Contractor. Checklist items simply require a ‘Yes/No’ or ‘OK/Not’ response.
            These include primarily static inspections and procedures to prepare the equipment or
            system for initial operation (e.g., belt tension checked, oil levels OK, labels affixed, gages in
            place, sensors calibrated, etc.). Start-Up Checklist items are one component of the Start-Up
            Procedures (Start-Up Tests being the other).
    5.51.   Start-Up Procedures: Refers to the combination of Start-Up Checklists and Start-Up Tests.
            Start-Up Procedures are typically performed by the Contractor with or without a formal Cx
            process. The Contractor documents the start-up process by completing and submitting the
            Start-Up Procedures. Start up procedures may be a combination of those prepared by the
            CA, those performed included in the Contractor's quality assurance process, and those
            required by the manufacturer. Regardless of the context of the checklist or format of the form
            used to documents it, the reference to Start Up Procedures includes all of the stated
            procedures.
    5.52.   Start-Up Test: This is a test that may be involved with equipment start-up. It differs from a
            checklist item in that it requires more than a binary response - an observation, measurement,
            or sequence of events must be documented. Start-Up Tests are one component of the Start-
            Up Procedures (Start-Up Checklists being the other).
    5.53.   Systems Turn-Over Meeting (STOM): This is a quality control exercise in which all
            contractors responsible for completing the installation and start up of a system or equipment,
            along with the DM and GC, meet to validate that the system or equipment is completed per
            the contract documents and ready for functional testing, and that all the start up, verification,
            nameplate data, prefunctional checklists and testing documentation is complete and accurate


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            to a functional state of completion. CA will in many cases participate in this. GC shall
            organize and lead the process in all cases.
    5.54.   Final Completion: As defined in the Owner-Contractor agreement. This milestone will
            coincide with the end of the Endurance Period. This milestone also coincides with the start of
            the warranty period.
    5.55.   TAB: Can refer to the test, adjust, and balance process or the Testing, Adjusting, and
            Balancing Contractor.
    5.56.   Testing Agency: An independent agency typically retained by the Contractor to perform
            specialized testing of systems or equipment (most commonly electrical). The Testing Agency
            shall be qualified and equipped to perform the testing and shall submit appropriate
            qualifications.
    5.57.   Trending: Monitoring and recording a history of parameters typically using the building
            automation system.
    5.58.   Vendor: Refers to the organization that sold a system or equipment to the subcontractor.
            This may be a branch office of the manufacture or a value added reseller.
    5.59.   Warranty Phase: Includes the early occupancy of the building and can continue through the
            Warranty Period and at least into the opposite season from when it was initially tested
6. REFERENCE STANDARDS
    6.1.    ASHRAE Guideline 1-2007, "Guideline for Commissioning HVAC Systems"
    6.2.    ASHRAE Guideline 4-2008, “Preparation of operating and Maintenance Documentation for
            Building Systems”
    6.3.    NEBB - Procedural Standards for Building Systems Commissioning
    6.4.    ASHRAE Standard 110 – Method for Testing Laboratory Fume Hoods
    6.5.    NSF 49 – Class II Biosafety Cabinetry
7. DOCUMENTATION
    7.1. Contractor shall provide to the Commissioning Authority the following per the procedures
         specified herein and in other Sections of the specification:
            7.1.1.1. Shop Drawings and Product Data: CA shall be provided shop drawings and
                    submittal data for systems and equipment that will be part of the Cx process. Some of
                    these submittals will be reviewed by the CA and others are only needed for record.
                    CA will mark up the Submittal Register to indicate what is required.
                7.1.1.1.1. Submittals to be Reviewed: GC shall provide the CA one electronic copy of
                         Shop Drawings and Product Data concurrent with distribution to the A/E (which
                         may be posting to the project construction web site). Commissioning Authority
                         shall review and incorporate comments via the Design Engineer. GC shall then
                         copy CA with the reviewed submittal with A/E approval stamp.
                7.1.1.1.2. Submittals for Record: GC shall provide to the CA the final electronic record
                         copy of the submittals, organized and indexed with and active table of contents
                         containing hyperlinks to the individual submittals.
            7.1.1.2. Draft Start-Up Procedures: Contractor shall develop Start-up Procedures for all
                    applicable equipment and systems along with the manufacturer’s application,
                    installation and start-up procedures. CA will initially provide to the Contractor generic
                    Start-up Checklists, the content of which must be reviewed by the Contractor and
                    supplemented with manufacturer-specific requirements and the Contractor’s own



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                   internal quality assurance procedures and checks.             CA will review draft and
                   recommend approval.
            7.1.1.3. Factory Test Reports: Contractor shall provide any factory testing documentation or
                    certified test reports required by the specifications. These shall be provided prior to
                    Acceptance Phase.
            7.1.1.4. Schedule Updates: Issue periodic updates to the construction schedule. Provide to
                    the CA at least every Cx meeting but no less than once per month.
            7.1.1.5. Temporary Conditioning, Operation and Maintenance Plan: Contractor shall provide
                    initial Temporary Conditioning, Operation and Maintenance Plan for approval and then
                    issue periodic updates to reflect actual conditions. At the completion of the project,
                    the final plan shall be submitted with completed maintenance records, inspection and
                    check logs, operating logs, etc.
            7.1.1.6. Action Item Response: Respond to Action Items to which Cx team members assign
                    the Contractor responsibility.
            7.1.1.7. Field Testing Agency Reports. Provide all documentation of work of independent
                    testing agencies required by the specification. These shall be provided prior to
                    Acceptance Phase.
            7.1.1.8. Completed Start-Up Procedures: Completed Start-Up Procedure documentation for
                    all applicable equipment and systems. CA will review prior to FPT.
            7.1.1.9. Nameplate Data Documentation: Provide prior to the start of the Acceptance Phase.
            7.1.1.10.   Equipment Warrantees: Provide prior to the start of the Acceptance Phase.
            7.1.1.11.   Training Plan: Provide prior to the start of the Acceptance Phase.
            7.1.1.12.    Record Training Documentation: Provide at least 7 days prior to the start of the
                   applicable Functional Performance Testing. The compiled and final record training
                   documentation will be provided by the GC within 14 days of the last training session
                   provided under the construction contract (this will typically be the site specific controls
                   training). This will take the form of the Training Plan supplemented with evaluations
                   and actual dates and topics.
            7.1.1.13.    Facility Manual Content:      Provide O&M Documentation content per the
                   requirements of this section, and Division 1 requirements. Submit at least one month
                   prior to the beginning of the Acceptance Phase.
    7.2. Record Drawings: Contractor shall maintain at the site an updated set of record or ‘As-Built’
         documents reflecting actual installed conditions and all approved changes and modifications to
         the contract documents. Contractor shall provide access to the CA to review the As-Built and
         Record Drawings. Provide Record Drawings in accordance with Division 1. Contractor shall
         also maintain the same documents in pdf format on the Construction Project Management
         System web site. Access shall be provided to CA for viewing and downloading these documents
         throughout the project.
8. Commissioning SEQUENCING and Scheduling
    8.1. Refer to the sequencing illustration at the end of this Section for a conceptual graphical
         representation of the precedents related to the Cx tasks. These precedents are generally to be
         applied per system and/or per area. Where applicable, in order to expedite the close out of the
         facility, various systems can be in various stages of the commissioning process. CA and
         Contractor shall cooperate to schedule the Cx tasks to minimize the duration of the Cx activities.




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    8.2. The Commissioning will be categorized into Phases as indicated below. Note that per schedule,
          different systems and/or areas may be in different phases at any given time given that the Cx
          and testing process will be integrated into the construction process:
            8.2.1.1. Construction Phase: This is the period of time where the systems are installed, much
                    of the commissioning documentation is developed, the systems are started, and the
                    majority of the contractor required training is performed. On any given system or
                    area, the Construction Phase will end when the CA approves proceeding with the
                    Functional Performance testing.
            8.2.1.2. Acceptance Phase: This is the period of time where the systems will be functionally
                    tested and the systems will operate through and endurance period. Refer to Section
                    01 91 14 for the Functional Testing process and 01 91 15 for the ISFPT process
            8.2.1.3. Warranty Phase: This is the period of time that coincides with the start and end of
                    the Contractor's base warranty. Refer to item “Endurance Period” below.
    8.3. CA will collaborate with the GC on Cx activities to be incorporated into the schedule and provide
         direction of Cx precedents and task duration.
    8.4. Prior to submission of the baseline schedule, Scheduler will coordinate with the Commissioning
          Authority to specifically include the detailed tasks involved in the commissioning (Cx) process.
          Scheduler shall meet with the Commissioning Authority and the subcontractors to synthesize the
          Cx process with the general construction process constraints and integrate the agreed upon
          process into the main construction schedule. Commissioning related tasks shall be coded as
          such to facilitate generating a Commissioning fragnet that will be used during commissioning
          progress meetings.
    8.5. The Cx Precedent Schedule will outline generic Cx tasks with precedents or prerequisites to each
          task. These tasks, which will be shown generically for typical systems, will apply to many
          systems. Contractor shall incorporate the tasks into EACH SYSTEM. This will require a detailed
          track for each system and as such the scheduler must schedule and code by system as well as
          area. The Cx precedent diagram will also indicate system precedent requirements for start-up
          and acceptance testing. Contractor shall collaborate with the CA to determine impacts of project
          phasing as applicable. Examples of enumerated tasks include:
            8.5.1.1. Contractor preparation of draft Start-Up Procedures.
            8.5.1.2. Contractor preparation of Training Plan.
            8.5.1.3. Preparation of Facility Manual content.
            8.5.1.4. Testing Agency activities.
            8.5.1.5. Electrical Start Up by system and zone group.
            8.5.1.6. Mechanical start up by system and zone group.
            8.5.1.7. Controls Start up by system and zone group.
            8.5.1.8. TAB by system and zone group
            8.5.1.9. Training Events
            8.5.1.10.    Functional Testing by system and zone group.
            8.5.1.11.    Occupant or Regulatory Agency testing or approval process.
    8.6. Contractor shall completely install, thoroughly inspect, start-up, test, adjust, and balance systems
         and equipment. All activities shall be documented per specified procedures and progress
         tracked on the construction schedule. Contractor shall notify DM, A/E, Owner, and CA in writing
         that systems are complete and ready for verification and functional performance testing. GC



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         shall schedule and conduct STOMs of all systems and equipment in the Cx scope as specified
         below.
    8.7. Contractor shall notify CA at least 14 days in advance of any tests, start-ups, or training. CA shall
         witness selected tests and start-ups. Notification shall be accompanied by a schedule showing
         the coordinated start date and task duration and all currently open precedent requirements.
    8.8. Notification of utility or system outages affecting current mission shall require advance notification
         per applicable Division 01 section.
    8.9. Connections to or Interruptions of Existing Systems: Where the project entails connection to or
         interruption of existing functional systems that are supporting the Owner’s mission, such
         connection activities must be shown as a milestone on the project schedule. Generally these
         connections will require extensive coordination and a long period of pre-notification as defined in
         Division 01. Owner will not accept these connections unless the connection or outage is shown
         as a milestone 3 months prior to the event. The schedule will not be required to pinpoint the day
         and time 3 months in advance, however, it shall have been accurate to +- 2 weeks. The actual
         notification of the exact day and time shall be processed per applicable Division 01 section.
9. System Turn-Over MEETINGS
    9.1. GC shall schedule and conduct System Turn Over Meetings (STOM) of all systems and
         equipment. This is a Contractor Quality Control exercise to validate that the systems and
         equipment are ready for Functional Performance Testing and complete to the point represented
         on the start-up and prefunctional checklists. It is not intended to be a test although spot
         checking and validation may occur. The STOM is not the act of starting up systems, it is the QC
         validation that the systems have been started to a high standard of care, the systems are
         complete and ready sufficiently for the functional test, and the start up and functional test is
         accurate. The STOM should involve the responsible subcontractors and vendors, and their
         contractually superior entities up to the GC.
    9.2. Notification shall be given of all STOMs via an Action Item posted on the Portal at least two
         weeks in advance of the activity. CA and Owner shall be notified and may witness these
         however the primary responsibility of confirmation of the represented state of the equipment lies
         with the GC.
10. Coordination Management Protocols
    10.1.        Coordination responsibilities and management protocols relative to Cx are initially defined
         below but will be refined and documented in the Construction Phase Cx Kick Off meeting.
         Contractor shall have input in the protocols and all parties will commit to process and scheduling
         obligations. The CA will record and distribute.
            10.1.1.1.    Submittals and Shop Drawings: GC shall distribute these to the CA. CA shall
                   edit the Submittal Register to communicate which submittals must be forwarded.
            10.1.1.2.    CA Review Comments on Shop Dwgs: Posted on the electronic forum and a
                   copy sent directly to the A/E and DM by the CA. A/E to consider and incorporate at
                   their discretion.
            10.1.1.3.   Deficiencies Identified by the CA: When the CA identifies a deficiency, CA shall
                   make a good faith assessment of responsible parties. Those parties, as well as DM
                   and GC shall be notified of the perceived deficiency. This communication is FOR
                   INFORMATION ONLY and is not a direction of resolve the deficiency. Contractor
                   may accept responsibility and resolve the deficiency voluntarily. If Contractor contests
                   either the deficiency or responsibility for that deficiency, Contractor shall respond to
                   that deficiency indicating disagreement. If responsibility is not agreed to via the Cx
                   dialogue, DM shall issue a work directive or RFI via the normal contractual channels
                   to resolve the issue.



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           10.1.1.4.   Requests for Meetings: In general request by the Contractor for a meeting with
                  the CA shall be routed through DM CxC who will then determine the validity. Note
                  that every attempt should be made to deal with Cx issues at regularly scheduled Cx
                  Meetings.
           10.1.1.5.   Control Sequence Modifications: CA shall make every attempt to thoroughly
                  review the sequences during the submittal phase and address any issues prior to the
                  submittal approval. However, CA and the BAC may incorporate minor changes to the
                  sequence during testing when it is apparent that it improves the control of the
                  equipment but does not fundamentally change the sequence. The time required by
                  the BAC for this type of modification is addressed in Section 25 08 00. Any and all
                  changes must be thoroughly documented in the record documents.
           10.1.1.6.   Scheduling Coordination – CA shall consult directly with the GC to incorporate
                  the Cx tasks in the project schedule. The process logic and integration shall
                  ultimately be collaboration between GC, CA, and subcontractors. The effort will start
                  with CA and GC proposing initial logic. Then sub contractors will join the discussion
                  and work out the final details, (precedent logic and durations).
           10.1.1.7.   Notification of Completion Milestones – Contractor shall notify Owner and DM at
                  least two weeks prior to an anticipated Cx activity or Cx milestone (such as ready for
                  FPT). GC CxC shall then coordinate the scheduling of the activity (as applicable)
                  between all required parties as applicable. Notification shall be posted using the
                  Commissioning Portal Events Module with an associated Action Item distributed to
                  interested parties.
           10.1.1.8.   Action List: CA maintains a categorized Action List which tracks the Cx related
                  action items. All content of the Action List will be available to all parties who have
                  credentials on the portal. Any party with credentials may post an Action Item. Any
                  party that is copied on an email resulting from an Action Item posting may respond to
                  it and contribute to the dialogue.
           10.1.1.9.   Start Up Checklist and Test Documents: CA will provide initial “generic” start up
                  checklists to the Contractor. The Contractor shall synthesize these with the
                  manufacturer specific start up procedures and submit these along with the
                  manufacturer’s start up procedures to the CA for review and approval. The Contractor
                  has the option of modifying the supplied generic procedures in the delivered format, or
                  by supplementing these with their own procedures and ways to document. The
                  Contractor then performs the final reviewed and approved Start-Up procedures,
                  completes the documentation and signs it, and submits it. CxT subsequently spot
                  checks the procedures and documentation. They are then included in the
                  Commissioning Record
           10.1.1.10. Functional Performance Test Documents: Functional performance tests are
                  prepared and completed by the CA. They are developed during the construction
                  phase generally after completed submittals. CA forwards the FPT procedures to the
                  GC to be subsequently distributed by them to the subcontractors for review.
                  Contractors approve the procedures. Throughout the Cx process, CA maintains a
                  current record of the testing procedures and keeps the documentation up to date and
                  accessible for all to access the current progress. Cx distributes hard copies of the
                  testing procedures at completion of any significant stage of Cx.
11. CONTRACTOR RESPONSIBILITIES
    11.1.        Construction Phase: The following delineates the commissioning-related responsibilities
         of the Contractor (and their subcontractors) during the Construction Phase.
           11.1.1.1.    Include Cx requirements in price and plan for work.



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           11.1.1.2.   Designate a Cx Coordinator (CxC) from each major subcontractor with activities
                  related to commissioning. These Cx Coordinators are to be the primary contacts for
                  Cx activities.
           11.1.1.3. Attend Construction Phase Cx Kick Off Meeting. The Cx Coordinator and Project
                  Manager from each major subcontractor shall attend at a minimum.
           11.1.1.4.  The Cx Coordinator shall attend all Cx progress meetings unless otherwise
                  agreed to by the CA.
           11.1.1.5.   Remedy any deficiencies identified throughout construction.
           11.1.1.6. Prepare and submit required draft Start-Up Procedures and submit along with the
                  manufacturer’s application, installation and start-up information.
           11.1.1.7.   TAB shall submit sample balancing forms for approval prior to starting work.
           11.1.1.8.   Schedule and coordinate Cx efforts into the construction schedule. Incorporate
                  the precedent diagram provided by the CA into the construction schedule. Indicate at
                  a minimum all tasks enumerated on the precedent diagram for all systems.
           11.1.1.9.   Coordinate the work of subcontractors, vendors, manufacturers, and Testing
                  Agencies provided with the bid, and ensure that they are informed of and are adhering
                  to the requirements of the Cx process specified throughout the contract documents.
                  Particular reference is made to providing the required O&M Documentation; to
                  submittal of training materials and documentation of that training; to collaboration with
                  the overall start-up and testing process; to developing comprehensive integrated
                  procedures for scheduling and task notification and documenting them in a common
                  format; and to electronic delivery requirements if applicable.
           11.1.1.10. Develop and submit Temporary Conditioning, Operation and Maintenance Plan
           11.1.1.11. Provide assistance to the CA in preparation of the specific Functional
                  Performance Test (FPT) procedures. Contractors, subcontractors and vendors shall
                  review test procedures to ensure feasibility, safety and equipment protection and
                  provide necessary written alarm limits to be used during the tests. Damage caused to
                  equipment performed in accordance with the approved procedures will be the
                  responsibility of the Contractor.
           11.1.1.12. Thoroughly complete and inspect installation of systems and equipment as
                  detailed throughout Contract Documents, as required by reference or industry
                  standards, and as specifically indicated elsewhere this section.
           11.1.1.13. Start-up, test, adjust, and balance systems and equipment prior to verification
                  and performance testing by the Commissioning Authority. Start-up procedures shall
                  be in accordance with Contract Documents, reference or industry standards, and
                  specifically individual Cx specifications. Provide skilled technicians qualified to do the
                  work required. Provide factory trained/authorized technicians where required by the
                  contract documents and stated in the applicable technical section. Generally start up
                  and testing shall proceed from device checkout, to component checkout, to system
                  checkout, to inter-system checkout.
           11.1.1.14. Prepare spaces with adequate security for on site contractors to store equipment.
                  TAB, CA, BAC will need space to conduct business and will not justify the cost their
                  own facilities.
           11.1.1.15. Schedule for representative space mock ups as early as possible to facilitate
                  determining standards for close out
           11.1.1.16. Record start-up and testing procedures on start-up forms or checklists and certify
                  that the systems and equipment have been started and or tested in accordance with


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                   the requirements specified above. Each task or item shall be indicated with the party
                   actually performing the task or procedure.
           11.1.1.17. Provide skilled technicians qualified to perform the work required.
           11.1.1.18. Provide factory-trained and authorized technicians where required by the
                  Contract Documents.
           11.1.1.19. Record Start-up Procedures on start-up procedure forms and certify that the
                  systems and equipment have been started and or tested in accordance with the
                  requirements specified above. Each task or item shall be indicated with the Party
                  actually performing the task or procedure.
           11.1.1.20. Tag equipment that is started with the Individual’s name and date.
           11.1.1.21. Demonstrate the operation of all systems as specified.
           11.1.1.22. Certify that systems have been installed and are operating per Contract
                  Documents prior to Acceptance Testing.
           11.1.1.23. Maintain an updated set of Record Documentation as required by the Contract
                  Documents.
           11.1.1.24. Copy the CA on indicated documentation.
           11.1.1.25. Conduct and document Equipment and Systems Training events as required by
                  this Section and Section 01 79 00, and by applicable sections of the Specifications
                  pertaining to each piece of equipment or system.
    11.2.        Acceptance Phase: The following delineates the commissioning-related responsibilities
         of the Contractor (and their subcontractors) during the Acceptance Phase.
           11.2.1.1.   Assist CA in functional performance testing. Assistance will generally include the
                  following:
               11.2.1.1.1. Manipulate systems and equipment to facilitate testing (as dictated in Section
                        01 91 14 ; in most cases this will entail only an initial sample).
               11.2.1.1.2. Provide any specialized        instrumentation   necessary       for   functional
                        performance testing.
               11.2.1.1.3. Manipulate BAS and other control systems to facilitate functional
                        performance testing (as dictated Section 01 91 14; in most cases this will entail
                        only an initial sample).
           11.2.1.2.   Correct any work not in accordance with Contract Documents.
           11.2.1.3.  Participate in Training Events relative to use of O&M information and the PM
                  program.
           11.2.1.4. Maintain record documentation, and update and resubmit it after Functional
                  Completion.
           11.2.1.5.   Compensate CA for additional site time incurred due to incompleteness of
                  systems or equipment at time of Functional Performance Testing. All CA time spent
                  on retesting failed testing will be charged to the Contractor via the DM in accordance
                  with Section 01 91 14.
           11.2.1.6.   Monitor systems, equipment and areas throughout the Endurance Period. Log
                  and diagnose all alarms during this period. Maintain trends and logs of all critical
                  parameters. Forward the logs and trends on a weekly basis throughout all Endurance
                  Periods.




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    11.3.       Warranty Phase: The following delineates the commissioning-related responsibilities of
         the Contractor (and their subcontractors) during the Warranty Phase.
            11.3.1.1.   Provide warranty service;
            11.3.1.2.   Conduct BAS Sequence Training
            11.3.1.3.   Respond to and document Warranty issues
            11.3.1.4.   Participate as required in the opposite season testing;
            11.3.1.5.   Correct any deficiencies identified throughout the Warranty Phase;
            11.3.1.6.   Update record documentation to reflect any changes made throughout the
                   Warranty Phase and resubmit final Record Drawings at the close of the Warranty
                   period.
12. Equipment Supplier/Vendor RESPONSIBILITIES
    12.1.        Construction Phase: The following delineates the commissioning-related responsibilities
         of the Equipment Supplier (and their subcontractors) during the Construction Phase.
            12.1.1.1.   Provide shop drawings and product data in hard copy and electronic format.
            12.1.1.2.  Provide manufacturer’s application, installation and start-up instructions within 30
                   days of shop drawing/product data approval.
            12.1.1.3.  Where factory-authorized start-up is specified, coordinate and participate in the
                   specified commissioning process and document start-up on the appropriate forms.
            12.1.1.4.   Review and approve Functional Test Procedures affecting supplied equipment.
            12.1.1.5.   Where training is to be provided by factory-authorized personnel, provide
                   required Training Plan information including course content for approval prior to
                   conducting the training.
            12.1.1.6.   Conduct and document Equipment and Systems Training events as required by
                   this Section and Section 01 79 00, and by applicable sections of the Specifications
                   pertaining to each piece of equipment or system.
            12.1.1.7.   Provide spare parts and materials as required by Specifications.
            12.1.1.8.   Provide special tools as required by the Specifications.
            12.1.1.9.  Provide [Facility Manual content][OM Manuals] as required and develop project-
                   specific O&M content as required by the Cx requirements.
            12.1.1.10. Provide all warranties.
    12.2.        Acceptance Phase: The following delineates the commissioning-related responsibilities
         of the Equipment Supplier (and their subcontractors) during the Acceptance Phase.
            12.2.1.1.   Participate in any Functional Testing Procedures required.
            12.2.1.2.   Consult on issues identified relative to the supplied equipment.
    12.3.       Warranty Phase: The following delineates the commissioning-related responsibilities of
         the Equipment Supplier (and their subcontractors) during the Warranty Phase.
            12.3.1.1.   Provide any warranty service required to the supplied equipment as applicable
                   with the agreement with the Contractor.
            12.3.1.2.   Maintain Facility Manual content relative to supplied equipment.
            12.3.1.3.  Provide technical support to the Owner’s facilities personnel relative to Vendor’s
                   equipment.



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13. Cx Kick off/Coordination Meeting
    13.1.       CXA shall schedule and conduct a Cx coordination meeting near the beginning of
         construction. The following should be discussed at this meeting:
            13.1.1.1.   CXA will present
                13.1.1.1.1. the Cx Documents
                13.1.1.1.2. requirements of Cx
                13.1.1.1.3. responsibilities of the construction parties
                13.1.1.1.4. management protocols
                13.1.1.1.5. required submittals
                13.1.1.1.6. schedule
14. START-UP Procedures and Documentation
    14.1.        Purpose: The Cx process requires that the normal quality control processes involved
         with preparing systems and equipment for operation are performed to a high standard of care
         and are thoroughly documented. The required commissioning-related Start-Up Procedures
         involve nothing additional than that which would be done for any good installation. These
         procedures shall be performed to all installed systems and equipment and no sampling strategy
         is used for the start-up process. The Cx process requires all Parties to collaborate to establish
         the optimal standard of care for starting systems and equipment. After the procedures are
         established, the Contractor performs them and documents them with the Start-up Procedures
         that are developed by the joint effort of the Contractor and the CA.
    14.2.         Electronic Creation of Start-up Procedures: Contractor shall refine the Start-Up
         Procedures for each type of equipment based on the generic Start-up Procedures provided by
         the CA in the project database. Contractor shall notify the CA when the procedures have been
         refined and synchronized with the project Internet Hub. Contractor shall accompany such
         notification with either 4 hard copies or one electronic copy of manufacturer’s application,
         installation and start-up information. CA will review and approve the procedures prior to start-up
         activities. Appropriate subcontractors or vendors shall contribute to the development to meet the
         requirements of the Contract Documents. Start-Up Procedures shall be developed for the
         equipment being installed for this project and as such indicate all project-specific values,
         settings, targets, acceptance criteria, and other parameters as appropriate.
    14.3.       ‘Generic’ Start-Up Procedures: Refer to the xx 08 00 sections for generic Start-up
         Procedures for a variety of building envelope, fire protection, mechanical and electrical systems.
         The content of these Start-Up Procedures shall provide the minimally acceptable content.
         Prefunctional documentation will be created by the CA. Generic refers to the fact that the
         protocols may be created before the shop drawings are finalized. These procedures and
         protocols will be those common across different manufacturers.
    14.4.       Application Guidelines, Start Up Forms and Checklists: Contractor and Vendors shall
         provide manufacturer’s preprinted and standard start up checklists, forms, and protocols both for
         review early in the construction process and to document the start up process towards the end of
         the Construction Phase. After the approval of the shop drawings and product data, Contractor
         shall submit manufacturer’s start up procedures and application guidelines for all systems,
         equipment, and components. These shall be submitted in an acceptable electronic format for
         review and approval. Submittal of the information shall be within 30 days of the submittal
         approval.
    14.5.        Content of Start-Up Procedures: Start-Up Procedures shall generally include the
         following for each item of equipment or system (as applicable):



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            14.5.1.1.   Project-specific designation, location and service.
            14.5.1.2.   Indication of the Party performing and documenting the Start-Up Procedure.
            14.5.1.3.  Clear explanation of the inspection, test, measurement, and outcome with a
                   Pass/Fail indication and a record of measure parameters.
            14.5.1.4.  Include a checklist item indicating that all O&M instructions, Warranties, and
                   Record Documents have been completed and submitted.
            14.5.1.5.  Include a Start-up Checklist item indicating that proper maintenance clearances
                   have been maintained.
            14.5.1.6.   Include a Start-up Checklist item indicating that special tools and/or spare tools
                   required for normal operation and maintenance were turned over to the Owner.
            14.5.1.7.   Include Start-up Checklist item indicating that all required dependent or
                   prerequisite equipment and systems were previously started successfully.
    14.6.        Manufacturer’s Requirements: Start-up Procedures shall incorporate all manufacturer-
         specified procedures. As applicable, include acceptance criteria specified therein. The
         manufacturer’s start-up and checkout procedures shall be submitted to the CA along with the
         Contractor’s draft Start-Up Procedure.
    14.7.       Recording and Documentation of the Start Up: Manufacturer’s start up protocols shall be
         executed and forms shall be completed by a qualified/authorized technician. These shall either
         be produced electronically or shall be scanned and submitted electronically. Electronic
         documentation of Manufacturer’s recommended start up shall be linked into the applicable test in
         ComIT.
    14.8.       Recording and Documentation of Prefunctional Checklists and Tests: Generally in
         concert with the start up process, the ComIT prefunctional tests and checklists shall be
         completed by a qualified technician. The information contained in the generic and approved
         checklists is the minimum amount of information that will be completed in the database.
         Contractor shall acknowledge successful completion of all prefunctional tests and checklists.
         Content of start up checklists may be referenced for the content of the checklists. The
         completed documentation shall be presented and reviewed at the System Turn Over Meeting.
    14.9.      Related Sections and Contract Documents: Refer to the technical specifications and
         commissioning-related Sections for additional information.
    14.10.     CA Review: CA shall review the draft Start-Up Procedures and request any additional
        information required to meet the Cx criteria. CA will also review and spot-check procedures
        during Functional Performance Testing.
    14.11.     Documentation Completion: The individual executing the start up must complete the start
        up and prefunctional documentation for any given equipment and acknowledge acceptability with
        the indication of who did the associated task. As approved by the CA, in some cases the
        subcontractor as opposed to the manufacturer’s start up technician may complete the
        prefunctional information in ComIT. Whether done on paper in the field or done directly into the
        computer, all data shall be entered into the project database.
    14.12.      Sampling and Final Submission: All (100% of) systems are started and documented per
        the approved procedures and NO sampling strategy is used. Completed Start-up and
        prefunctional checklists for all pieces of equipment shall be submitted to Commissioning
        Authority prior to any associated functional performance testing. Any outstanding item shall be
        clearly indicated and an associated Action Item must be entered to track resolution.
    14.13.    Owner Access: Contractor shall allow access by Owner representatives to inspect the
        equipment and ensure its proper operation. Owner will be allowed to affix service tags to
        equipment to track the proper maintenance.


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15. Equipment Nameplate Data
    15.1.        Contractor shall provide as-installed specific product nameplate data, product numbers,
         serial numbers, and other information required to fully define the asset for Owner’s use in
         maintenance management and asset tracking. This data shall be provided by electronic means
         to ease in the data transfer to the maintenance management system.
            15.1.1.1.    Acceptable forms of electronic submittals are:
                15.1.1.1.1. Direct entry into the Owner Asset Management System. Owner will provide
                         an interface to allow Contractor to enter data into system via the internet.
                15.1.1.1.2. ComIT Nameplate Data Module (if made available by the CA).
            15.1.1.2.    Minimum nameplate data content shall include the following as applicable:
                15.1.1.2.1. Construction document designation
                15.1.1.2.2. Owner’s designation if different than the construction document designation
                         and if provided by the Owner.
                15.1.1.2.3. Contact information identification which shall reference the project’s Contact
                         List for installing contractor, vendor or representative, and manufacturer.
                         Contractor shall also provide identification for suppliers of parts if different from
                         the previous parties.
                15.1.1.2.4. Model Number
                15.1.1.2.5. Serial Number
                15.1.1.2.6. Date of Manufacture
                15.1.1.2.7. All performance and sizing data required to operate, diagnose, or replace the
                         system, equipment, component or systems with as a minimum that indicated in
                         the construction documents.
                15.1.1.2.8. General description or type classification of the system, equipment,
                         component, or device.
    15.2.        Contractor shall provide Equipment Nameplate Data for all equipment provided as work
         of this Division.
16. Functional Performance Testing
    16.1.       The objective of Functional Performance Testing is to demonstrate that each system is
         operating according to the documented Design Intent and Contract Documents. Functional
         Performance Testing facilitates bringing the systems from a state of initial start up to full dynamic
         operation. Additionally, during the testing process, areas of deficient performance are identified
         and corrected, improving the operation and functioning of the systems.
    16.2.       The logistics and procedures involved in Functional Performance Testing are outlined
         below and in Section 01 91 14 and 01 91 11.
17. Deficiencies Identified During Functional Testing
    17.1.       Non-Conformance.       Non-conformance deficiencies          identified   during   Functional
         Performance Testing shall be resolved as follows:
            17.1.1.1.   The CA will record the results of the functional test in the ComIT project
                   database. All deficiencies or non-conformance issues shall be noted as Action Items
                   and reported to the GC.




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            17.1.1.2.   Corrections of identified minor deficiencies may be made during the tests at the
                   discretion of the CA. In such cases the deficiency and associated resolution will be
                   documented in the database.
            17.1.1.3.  Every effort will be made by the CA to expedite the testing process and minimize
                   unnecessary delays, while not compromising the integrity of the procedures.
            17.1.1.4.   As tests progress and a deficiency is identified, the CA will discuss the issue with
                   the executing Contractor.
                17.1.1.4.1. When there is no dispute on the deficiency and the Contractor accepts
                         responsibility to correct it:
                    17.1.1.4.1.1.        The CA shall document the deficiency along with the
                               Contractor’s response and intentions, and they go on to another test or
                               sequence. A copy/email of the deficiency shall be generated and provided
                               to the Contractor and CA. The Contractor corrects the deficiency,
                               completes the Action Item response certifying that the issue is resolved
                               and /or the equipment is ready to be retested, and sends it back to the CA.
                    17.1.1.4.1.2.        The CA reschedules the test and the test is repeated.
                17.1.1.4.2. If there is a dispute about a deficiency, regarding whether it is a deficiency
                         and/or who is responsible:
                    17.1.1.4.2.1.       The deficiency shall be documented as an Action Item with the
                               Contractor’s response and the GC will be notified. The GC will track this
                               issue under the construction contract dispute resolution provisions.
                    17.1.1.4.2.2.         Final interpretive authority is with the A/E.   Final acceptance
                               authority is with the DM.
                    17.1.1.4.2.3.        The CA documents the resolution to the Action Item.
                    17.1.1.4.2.4.        Once the interpretation and resolution have been decided, the
                               appropriate party corrects the deficiency, and responds to the Action Item
                               indicating completion. The CA reschedules the test and the test is
                               repeated until satisfactory performance is achieved. CA then closes the
                               Action Item.
    17.2.       Cost of Retesting: The cost for the CA to retest a Start-up or Functional Performance
         Test shall be paid by the Contractor responsible for the deficiency. DM shall pay the CA directly
         and back charge the responsible Contractor.
    17.3.        Failure Due to Manufacturer’s Defects. If 10% or three, whichever is greater, of identical
         pieces of equipment fail to perform to the Contract Documents (mechanically or substantively)
         due to manufacturing defect, all identical units may be considered unacceptable by the DM. (For
         the purposes of defining ‘identical equipment’ for this Section, size or capacity alone does not
         constitute a difference.) In case of failure due to manufacturer’s defects, the Contractor shall
         provide the Owner with the following:
            17.3.1.1.   Manufacturer’s response in writing as to the cause of the failure and proposed
                   resolution.
            17.3.1.2. Manufacturer shall implement their proposed resolution on a representative
                   sample of the product.
            17.3.1.3.  The DM will determine whether a replacement of all identical units or a repair is
                   acceptable.




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            17.3.1.4.   Upon acceptance, the manufacturer shall replace or repair all identical items at
                   their expense and shall extend the warranty accordingly (if the original equipment
                   warranty had begun).
            17.3.1.5.    Manufacturer shall pay the costs of all retesting necessitated by the failure.
18. Endurance Period
    18.1.        General: As a part of the Cx Process, BSL-3 areas of the building shall operate
         throughout a 30 day period, starting with the successful completion of functional performance
         testing and ending when the respective facility/area has successfully operated for 30 days as
         defined below. This period is referred to as the Endurance Period. The Endurance period will
         apply by areas of the building. The period then applies to all systems and utilities supporting that
         area. Generally, the groups of rooms that will form the area for a separate Endurance Test will
         be:
            18.1.1.1.   BSL-3 Suites
    18.2.       Sequence: The sequence of the testing and Endurance Periods for each of the areas will
         be defined in the construction schedule.
    18.3.       Prerequisites: Before commencing the Endurance Period, the following shall apply:
            18.3.1.1.   Functional Tests of supporting systems and the zones in the areas shall have
                   been successfully passed with no outstanding issues. CA may exempt incidental
                   items that will not affect operation, cause service interruption to resolve, and/or not
                   require contactor work in the space. This means that prior to the start of the
                   Endurance Period:
                18.3.1.1.1. All documentation shall have been submitted and approved and applicable
                         functional tests relating to that are “passed”.
                18.3.1.1.2. All normal steady state functional operation tests are passed and
                         documented in all achievable operational modes.
                18.3.1.1.3. All capacity related functional tests are passed and documented.
                18.3.1.1.4. All safety device related and “crash” testing aspects of the functional tests
                         are passed and documented. This involves component and system failures
                18.3.1.1.5. All Fireman’s override mode aspects of functional testing have been passed
                         and documented
                18.3.1.1.6. All but the BAS building specific sequence training shall have been
                         completed, documented, and have resulted in positive evaluations. The BAS
                         building specific sequence training may generally be conducted during this
                         period.
            18.3.1.2.  Environmental Monitoring and trend archiving shall be set up and operational.
                   The BAS shall be “live” on the campus system.
            18.3.1.3.    For these critical areas, the punch list must be fully developed prior to
                   commencing the Endurance Period; however, Contractor shall have access to the
                   spaces during this period to complete minor items (at the discretion of the DM) that
                   will not impact facility operation and performance. Given that Owner will have access
                   to the spaces; Contractor shall not be responsible for damage caused by Owner
                   representatives providing it can be demonstrated that the damage was caused by
                   them. Generally acceptable “punch out” work will be finish related and not require
                   work on systems that requires isolation or service interruption. However,
                   uncompleted punchlist items will extend the period until they are completed and
                   signed off. The intent for the Endurance Period is that occupancy will begin at the



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                   conclusion of the Endurance Period and there will not be an opportunity for the
                   Contractor to fix any outstanding issues within the space. Therefore if deficiencies are
                   identified that are the responsibility of the Contractor that require their access to the
                   space, the Endurance Period will not be considered complete.
            18.3.1.4.  Contractor certifies that the work is complete and in accordance with the contract
                   documents.
            18.3.1.5.   All temporary protection devices are removed such as construction filters and
                   strainers. Note that final permanent filters will not be provided until the end of the
                   Endurance Period.
            18.3.1.6.    Owner signs off on fuel/gas supplies. Generally, Owner is responsible for the
                   fuel consumed during the final 30days of the period. Contractor is responsible for
                   providing all fuel and gas supplies for testing prior to that period.
            18.3.1.7.   Fire Alarm System shall be made “live” on the campus system.
    18.4.        Access: During the Endurance Period, Owner shall have full access to the space. They
         may simulate conditions, use, load, maintain, isolate, etc. the space and its supporting systems
         within the design intent. Examples of area/system use that may occur during the Endurance
         Period include but are not limited to:
            18.4.1.1.   Varying temperature and humidity setpoints within the design intent
            18.4.1.2.   Operating the facility/equipment through typical daily cycles
            18.4.1.3.   Providing a load within the design intent
            18.4.1.4. Operating installed equipment per the proper procedure stipulated by the
                   manufacturer
            18.4.1.5.   Performing routine maintenance procedures to ensure attic stock is applicable to
                   the installed systems and to ensure that system conditions and services remain within
                   tolerance per the design intent.
            18.4.1.6.   Decontaminating the area
            18.4.1.7.  Simulating failures of supporting systems and equipment. Contractor shall
                   approve methods by which these are simulated.
            18.4.1.8.  Initiating alarms and emergency modes to check enunciation and
                   recovery/operation.
            18.4.1.9.   Generating reports from BAS and Environmental Monitoring systems
            18.4.1.10. Attempting security breach
            18.4.1.11. Mock fire enunciations
            18.4.1.12. Activating eyewashes and emergency showers.
            18.4.1.13. Cleaning and wash-downs
            18.4.1.14. Changing schedules for lighting and occupancy
            18.4.1.15. Starting and running the generator
            18.4.1.16. Creating power outages including going through the normal generator load test
                   that is done annually.
            18.4.1.17. Move in and connect equipment to test services and utilities




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            18.4.1.18. Owner Safety authorities will typically test and certify systems and equipment
                   such as the potable water systems, Biosafety Cabinets, canopy hoods, RODI water
                   quality, etc..
    18.5.       Trending: BAS shall trend all pertinent parameters of the spaces as required by the Cx
         process during operational test and functional testing as defined in Section 25 08 00, and all
         environmental monitoring systems shall be functional. Each week throughout the process, BAS
         contractor shall submit contiguous data in an acceptable electronic format as defined in 25 08
         00.
    18.6.        Monitoring: During the Endurance Test, the Contractor shall maintain a hard copy log of
         all alarms generated by the BAS. For each alarm received, Contractor shall diagnose the cause
         of the alarm, and shall list on the log for each alarm, the diagnosed cause of the alarm, and the
         corrective action taken. If in the Contractor’s opinion, the cause of the alarm is not the
         responsibility of the Contractor, Contractor shall immediately notify the Owner.
    18.7.       Contractor Testing: The following contractor testing will be allowed during this period:
            18.7.1.1.   Modified ASHRAE 110 testing on the Fume Hoods
            18.7.1.2.   Final Sound Level Testing in the Vivarium
            18.7.1.3.   Final Demonstration/Training on the Cage and Rack Washing Systems.
    18.8.       Ownership: Contractor is responsible for the integrity, operation, and maintenance of the
         systems throughout this period. Contractor shall be held accountable for any property damage
         or personal injury that occurs during this period, provided it was not cause by improper use of
         the area/systems by Owner.
    18.9.       Acceptance Criteria: Endurance Period will end after 30 days of continuous operation in
         which:
            18.9.1.1.   The systems operated and performed per the contract documents
            18.9.1.2.  All alarms were a direct result of a corresponding test by Owner or an event not
                   caused by a system malfunction or misuse.
            18.9.1.3.   Any component failures are shown to be statistically within published mean time
                   between failure occurrences. Contractor seeking to invoke this clause shall provide
                   the documentation.
            18.9.1.4.   Contractor shall not be responsible for Endurance Period extensions due to
                   design issues. As such, if a condition is observed which is outside the design intent,
                   however the Contractor can demonstrate that the systems performed per the contract
                   documents, the period will not be restarted at the expense of the Contractor.
19. Deficiencies Identified During Endurance Period
    19.1.       Non-Conformance: Deficiencies due to non-conformance identified during Endurance
         Period shall be resolved as follows:
            19.1.1.1.   The Contractor, CA, or Owner will issue an Action Item and distribute it to the GC
                   as well as the apparent responsible parties. CM shall acknowledge responsibility via
                   a response to the Action Item.
            19.1.1.2.  DM shall issue a Work Directive, in conformance with the General Conditions
                   and Division 1, to the responsible party for the remedy.
            19.1.1.3.   Responsible contractor shall notify GC when the deficiency is remedied and GC
                   shall notify DM, Owner, and CA the date at which the remedy was completed which is
                   coincident with the restart of the Endurance Period.




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            19.1.1.4.   Corrections of minor deficiencies identified may be made immediately upon
                   identification at the discretion of the responsible party. Responsible party shall notify
                   CM of the date the deficiency was remedied. GC shall notify DM, Owner, and CA that
                   the Endurance Period is restarted.
            19.1.1.5.  If there is a dispute about a deficiency, regarding whether it is a deficiency or
                   who is responsible:
                19.1.1.5.1. The deficiency shall be documented as an Action Item with the GC and
                         contractor’s response. GC/DM will track this issue both in the Action List (for
                         information only) and under the construction contract dispute resolution
                         provisions set forth in the General Conditions and Division 1.
                19.1.1.5.2. Final interpretive authority is with the A/E. Final acceptance authority is with
                         the DM and Owner.
                19.1.1.5.3. The CA documents the resolution to the Action Item.
                19.1.1.5.4. As applicable, GC/DM issues work directive for the remedial action.
                19.1.1.5.5. Once the interpretation and resolution have been decided, the appropriate
                         party corrects the deficiency, responds to the Action Item indicating completion.
                         The GC notifies DM, Owner, and CA that Endurance Period is restarted. CA
                         then closes the Action Item
    19.2.        Cost of Extension: Costs incurred due to extensions of the Endurance Period caused by
         deficiencies in the systems or the systems not in conformance with the Contract Documents will
         be paid by the contractor responsible for the deficiency/non-conformance.
            19.2.1.1.   Costs for the additional review time of the CA will be charged to the DM whom
                   shall recover the costs from the responsible parties.
            19.2.1.2.   Cost for the extra work of other subcontractors shall be charged to the DM whom
                   shall recover the costs from the responsible parties.
    19.3.       Failure Due to Manufacturer’s Defects: The provisions set forth for Functional
         Performance Testing apply throughout the Endurance Period.
20. Training EVENTS
    20.1.        General: Adequate and thorough training of the Operators and the facilities staff is vital to
         effective transition and early occupancy of the building. A key goal of the Cx Team is to ensure
         that this is accomplished. Contractors, Subcontractors, and Manufacturers/Vendors as specified
         shall prepare and conduct training sessions on the installed systems and equipment for which
         they are responsible. The Contractor shall be responsible for insuring all other training is
         performed in accordance with the Contract Documents. Training requirements are specified in
         Section 01 79 00.
21. Operation and Maintenance Documentation
    21.1.        GC shall assemble complete Operations and Maintenance Documentation providing
         essential and complete facility information. In hardcopy format, the OM Documentation will
         typically consist of multiple individual binders. Major subcontractors shall provide all the content
         applicable to their Division of work in the format specified by the GC. The content and
         organization of the OM Documentation shall be as indicated in Section 01 79 00. The OM
         Documentation shall be provided in hard copy and electronic (pdf) format.
22. Record Submittals MANUAL
    22.1.       Content: This manual is a compilation of all the record shop drawings, product data and
         record submittals. It is organized by Specification section number.



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    22.2.       Organize hard copy and electronic copy into manageable sizes. Divide manual into
         separate volumes with a master index and an index for each volume. Electronic indexes shall
         include relative hyperlinks into external documents organized in subordinate subfolders.
23. Commissioning Penalties
    23.1.        Functional Performance Testing (FPT) Failures: Penalties resulting from FPT failures are
         specified in Section 01 91 14.
24. TEMPORARY CONDITIONING, Operation, and Maintenance Plan
    24.1.        Contractor shall only use building permanent equipment to provide temporary
         conditioning on the approval of the AE, Owner, and the CA. Approval for such will only be given
         upon acceptance of a detailed plan provided by the individually involved subcontractors and
         compiled by the GC. The temporary conditioning plan shall consider/address the following at a
         minimum
    24.2.        Indicate that the full start up protocol as required by the specification for final acceptance
         will be performed for the temporary start up. Temporary conditioning plan shall include the start
         up forms to be used which will be the same as those that will be used for final start up.
    24.3.       Contractor shall address how equipment will be maintained in good, clean condition.
         Specifically address:
            24.3.1.1.    Temporary filtering of air: Air Filters used for construction shall be at least that
                   specified for final use. Contractor shall remove construction filters and replace with
                   new filters at Acceptance. Filters shall be maintained and replaced at the specified
                   final pressure drop. Contractor shall install a magnehelic for visual indication of
                   pressure drop as well as set up the loaded filter DP switch for monitoring on the BAS.
            24.3.1.2.    Temporary Filtering of Water and Condensate: Construction strainers shall be
                   used while circulating fluid during construction. Strainer shall be finer than specified
                   for final strainers.
            24.3.1.3.   Sealing/Filtering of Open Ducts: Address that all open ducts shall be either
                   sealed or protected with filter media. Generally return or exhaust systems shall not be
                   used during construction unless otherwise approved.
            24.3.1.4.   Lubrication and Maintenance: Contractor shall maintain the systems and
                   equipment in accordance with the manufacturer’s instructions. Contractor shall
                   coordinate lubricants used with Owner’s operators. Frequency of lubrication and
                   inspection shall be as recommended by manufacturers’ literature. Applicable
                   maintenance lubrication schedules shall be included in the plan. Draft maintenance
                   logs shall be submitted with plan and completed as maintenance is performed.
            24.3.1.5.  Operation outside of Normal ranges: Systems and equipment shall not be
                   operated outside the range of specified conditions. Plan shall address how the
                   Contractor will ensure that operation will not harm the equipment
            24.3.1.6.   Emergency Condition Identification and Response protocols: Plan shall address
                   protocols for responding to equipment malfunctions and or harmful operation.
                   Automatic safeties and remote enunciation shall be in place to protect people and
                   property. Temporary operation shall not be allowed until there is an automatic
                   communication/enunciation medium such as a phone connection or an internet
                   connection. At a minimum, an alarm on the equipment used for temporary service
                   shall be automatically sent to the Contractor’s 24 hour monitoring service. The
                   Contractor shall respond to and be responsible for securing conditions within the
                   building.




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    24.4.        Building Protection: Address how the system will be controlled to avoid humidity
         conditions that will either promote mold growth or cause corrosion.
    24.5.       Equipment Reconditioning: Address with specific means and methods how the
         equipment used for temporary conditioning will be re-conditioned to new condition. Belts, seals,
         bearings, couplings, or other parts that wear more than 3% of their expected life shall be
         replaced.
    24.6.        Cleaning: Address how ducts, pipes, coils, converters, air handling equipment, terminal
         units, etc. shall be cleaned at final turn over.
    24.7.        Operations Log: Contractor responsible for operating the equipment shall maintain a log
         of all activities associated with operating and maintaining equipment. Log shall be submitted to
         Owner on a frequency specified by them.
    24.8.      Operating System Alterations: Plan shall address specific protocol for doing work the
         systems
    24.9.       Any material, device, component, equipment, etc. that is assessed as damaged or as
         having a substantially shortened life as a result of temporary conditioning operation shall be
         replaced by the Contractor at no cost to the contract.
25. Phasing Plan
    25.1.         If Contractor intends to start, run, or occupy portions of systems in phases, Contractor
         shall submit a plan for phasing in areas/portions of systems that will be connected subsequent to
         the initial portions. Specifically address:
            25.1.1.1.   Pipe and Duct Cleaning: indicate the configurations and protocols for isolating
                   subsequent regions and then protecting the preceding regions when the subsequent
                   region is cleaned/flushed and connected.
            25.1.1.2.   Pipe disinfection: Indicate the plan for disinfecting each region of potable water
                   or medical gas pipe that requires disinfection. Indicate how the preceding regions of
                   the system will be protected when connecting subsequent regions.
            25.1.1.3.    Piping Certification/Testing: Indicate the plan for certifying each region of pipe
                   that requires certification and or testing such as laboratory gases, medical gases, and
                   RO/DI water (testing for water quality). Indicate how the preceding regions of the
                   system will be protected when connecting subsequent regions. Indicate how you will
                   verify that the certification/test results on the previous systems have not been
                   invalidated.
            25.1.1.4.   System Modifications: Indicate the protocols for making subsequent changes to
                   the systems of pipe and duct when the systems have already been cleaned, flushed,
                   pressure tested, disinfected, certified, etc.
PART 2 - PRODUCTS
1. INSTRUMENTATION
    1.1. General: All testing equipment used in the commissioning process shall be of sufficient quality
         and accuracy to test and/or measure system performance with the tolerances specified. All
         equipment shall be calibrated according to the manufacturer’s recommended intervals.
         Calibration tags shall be affixed or certificates readily available.
    1.2. Standard Testing Instrumentation:           Standard testing instrumentation normally used for
          performance assessment and diagnosis will be provided by the CA. Refer to Sections 23 08 00
          and 26 08 00 for a list of applicable test equipment.
    1.3. Special Tools: Special equipment, tools and instruments (only available from a vendor, and
          specific to a piece of equipment) that are required for testing equipment in accordance with


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         these Contract Documents shall be included in the base bid price to the Contractor and left on
         site for the Owner.
2. ComIT SOFTWARE
    2.1. General: The Commissioning Information Tool (ComIT) is a Microsoft Access-based software
         program integrated with a web based Portal. It allows multiple Parties to collaborate on
         commissioning information management using the Internet to either synchronize local copies of
         the project with the project Internet Hub or to open a thin client (via web browser) to the software
         located on the Internet Hub, or simply interact with the Portal via a browser. ComIT uses a
         hierarchical object tree to represent building systems, components and devices. From this
         object tree you can access associated information at and below the applicable level. All
         applicable elements of information are associated with the object tree. ComIT facilitates either
         completing information directly via the software or by printing forms to fill out in the field.
    2.2. Participation: All general and major subcontractors shall participate in the use of ComIT to
          document the Cx procedures.
    2.3. Requirements for Use: All contractors participating in ComIT must have the following based on
         their use:
            2.3.1.1. Portal: This involves using the Portal via a browser. Allows anyone with credentials
                    to view the Cx information. Only individuals associated with the responsible Party can
                    edit that information. This obviously requires establishing a connection to the internet.
                    This will require Microsoft Internet Explorer v6 or later.
    2.4. ComIT Training: Included in the contract are two one-day training sessions given by Facility
         Dynamics (one scheduled near the Cx Kickoff Meeting and one scheduled prior to the first
         equipment start-up). Contractors shall send a representative to at least one training session.
         Each Contractor is entitled to two hours phone technical support beyond training sessions. Any
         addition phone support for non-bug related issues beyond this will be at cost.]
3. TEST KITS FOR METERS AND GAGES
    3.1. Test kits for meters and gages shall be provided to the Owner new and in good condition.
          Previously used test kits will be unacceptable. Kits shall be submitted prior to the Acceptance
          Phase. Kits required are specified in the individual technical specifications and in 23 08 00 and
          26 08 00:
PART 3 - EXECUTION
1. Start-up Standard of Care
    1.1. Procedures that establish a minimum Standard-of-Care for the start-up, check out and testing of
          applicable equipment are specified in the individual technical specifications as well as Sections
          210800, 220800,, 23 08 00, 250800, and 26 08 00. Contractor shall apply this Standard-of-Care
          and document per the Cx requirements.
2. Functional performance Test Execution
    2.1. Functional Performance Testing procedures are specified in Section 01 91 14. Contractor shall
          participate in the development and approval of the testing procedures, as well as participate as
          required in the initial sample of tests as indicated herein.
3. Action List
    3.1. CXA shall maintain an Action List tracking Action Items (required information, identified
         deficiencies, work required, etc.) that relate to Cx. Each item shall be tracked with the initiator,
         the parties responsible, due date, the date of closure, and a description of the resolution. Each
         item shall be categorized for sorting and tracking and for documentation on applicable forms.
    3.2. CXA will disseminate this list as appropriate to keep all parties informed.


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    3.3. All parties indicated as responsible for an action item shall respond. Parties participating in
          ComIT shall respond via ComIT. Other parties may respond by email.
    3.4. The originator of an Action Item shall close it and record the resolution. Closing and Action Item
          amounts to entering the date on which it was addressed.
4. Sequencing Illustration
    4.1. A simplified schematic diagram of the precedents involved in the Cx process is provided below.
          The diagram is generally applicable on a system-by-system basis. Different systems or areas of
          the building may be phased or sequenced such that different systems are at different points in
          the Cx process. The diagram indicates tasks for the Contractor, the A/E and the CA. Tasks for
          each are indicated vertically below their name. The individual tasks are as defined herein.
          Management protocols are also covered herein.
    4.2. The file named “01 91 13_General_CX_Chart.pdf” is incorporated in this Contract by reference.
          Contractor shall comply with the requirements of the work flow diagrams contained in said file.


                                                END OF SECTION




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SECTION 01 91 16
REPRESENTATIVE COMMISSIONING FORMS
PART 1 - GENERAL
    A. WORK INCLUDED
         1.   Commissioning forms.
         2.   Representative Detailed Procedures/forms.
         3.   Representative Commissioning Forms (PDF files) with forms and matrix are included in
              Contract by reference.
    B. Summary
         1.   This section is provided to illustrate typical commissioning forms and examples of the
              detailed procedures that will be performed on the systems and equipment as required by
              the Cx process.
         2.   Generally most of the information indicated on the representative documentation shown
              herein is the output of the commissioning project database used by the ComIT software.
              Therefore, in some cases reports are shown to illustrate the character of the content, as
              opposed to the entry forum which is either through the ComIT software or the
              Commissioning Collaborative Portal.
    C. Cx Record Matrix
         1.   This is a matrix that illustrates the progress of various tasks and work products required
              by the Cx process. The Cx Record Matrix itemizes all systems and equipment in the
              building and initially indicates responsibility for each task/deliverable and then tracks its
              completion. The columns list individual work products and tasks associated with Cx. The
              value cell of the matrix indicates both the primarily responsible Party or Parties and the
              status of the task for any given piece of equipment and any given work product or task.
         2.   The Cx Record Matrix also indicates what groups of equipment and or systems and zones
              must be turned over together for functional testing.
    D. Equipment and Systems Configuration
         1.   The ComIT system, represents elements of the building in a hierarchical fashion.
              Requirements for various components and devices as well as any information associated
              with that component or device is associated with that specific element at the applicable
              level in the configuration. Therefore, much of the commissioning information is associated
              with this “path” of elements and as such the reports will group information by element in
              the path. The path can consist of up to three levels.
              I. The top level is the System or Unit Level. Information and procedures applicable only
                 to the system or unit as a whole are associated at this top level.
              II. A System or Unit is comprised of a series of “components”. Components are routine
                  and consistent elements such as fans, pumps, coils, etc.. These components are
                  matched with a “function” such as heating air, chilled water, supply air, etc.. Therefore,
                  the second level is made up of component-function combinations.
              III. A Device serves a component and as such is the third level in the hierarchy.
         2.   Following is an example of an air handling unit as it would be configured in the ComIT
              system:
              I. The air handling unit AH-1 may be represented by the unit designation AH-1. This air
                 handler is made up of several components which are serve the various functions of the


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                   AHU such as the component ‘fan’ may serve the function ‘supply air’, the component
                   ‘Coil’ serves the function ‘cooling air’, the component ‘Control Valve’ also serves the
                   cooling air function, the component ‘section’ (referring to the air handler section)
                   serves the mixed air function etc. The device ‘temperature sensor’ serves the mixed
                   air section, another one serves the cooling air coil, another serves the supply air duct,
                   the device ‘actuator’ serves the cooling air control valve, etc.. A component or device
                   does not have to be a physical piece of equipment, it may be a grouping of information.
                   A frequent non-physical component used is ‘Sequence’ which would be made up of the
                   various parts of the sequence that are at the device level.
              II. Each function-component has a designation, as well as each device. Therefore the
                  “path” to the temperature cooling coil sensor in the previous example might be “AH-1,
                  Cooling Air Coil CC-1, Temp Sensor TS -1”.
         3.   This configuration provides for a consistent set of requirements and associated
              information to be associated with the various elements that make up the building and its
              systems. Using the software you can conveniently navigate the expansive database to
              find the information you need.
         4.   Configuration Map: The paradigm used for representing the elements of the building and
              its systems is presented in the Configuration Map. The Configuration Map will be helpful
              in finding information in the reports or forms as the information is generally very extensive.
              The organization of typical forms or reports that are associated with the configuration are
              generally organized by presenting first level System Designation in alphabetical order,
              followed by the first function-component in alphabetical order followed immediately by the
              devices serving that first component in alphabetical order. After all the subordinate
              devices are listed, the next function component will be listed followed by its devices and
              so on. Configuration Maps typically are included with the applicable form.
    E. Responsible Party
         1.   Most elements of information used in ComIT are associated with a primarily responsible
              Party. In some contexts, such as Action Items, there can be more than one Responsible
              Party. A Party is a contractual entity such as a company. ComIT generally uses an
              abbreviation or code to refer to a Party. The abbreviation is generally the generic function
              like GC for General Contractor; MC for Mechanical Contractor, AE for Architect/Engineer.
              Specific company information is then entered for that company. In many cases, the
              information that can be posted or completed will be restricted by Party Code.
         2.   Testing Responsibility: Responsibilities are initially indicated for convenience. However,
              during final start up and prefunctional procedure development early in the construction
              process, GC is responsible for refining and determining the final responsibilities. The
              indicated subcontractor or their agent is then responsible for performing the checkout, test
              or procedure, and then documenting the result.
              I. Start Up Tests and Checkouts: Contractors shall be responsible for executing and
                 documenting all checks and procedures on 100% of all systems and equipment in the
                 building.
              II. Functional Tests: Where tests are classified as FPT (functional performance tests) or
                  ISFPT (Interactive System Functional Performance Tests), CA will be finally
                  responsible for verifying the test on the percentage of sample tests that are indicated in
                  the Functional Performance Testing section of the specifications. However, in the
                  initial testing procedures, many of the tests classified as FPTs are indicated as a
                  responsibility of a contractor. Contractor shall document all tests where their
                  responsibility is indicated on 100% of the systems and equipment in the facility.




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    F. Individuals
          1.   Individuals are people who are associated with a Party. Individual can respond to Action
               Items and complete test results, but Individuals are never indicated as responsible. The
               Party that they work for would be indicated as responsible.
    G. Forms And Reports
          1.   Forms can be generated using the software that are formatted for someone filling out the
               form on paper. Given that all the information in the project database is effectively
               structured, forms can be generated in many different ways as is most effective to the task.
               While what is included in the representative forms shown herein are generally
               comprehensive forms showing the entire system and all information required of all parties,
               forms can be generated for a particular responsible party for a particular piece of
               equipment. Therefore, while any Cx protocol will require input of many parties on any
               given system, using a structured approach allows producing the amount of information
               appropriate to the context. For instance a form might be printed for the ATC required
               testing procedures for AH-1. Alternatively, the form or report might be generated to show
               all information to assess progress. It might further be generated to report all information
               that is complete or has failed. Therefore, while you will see representative forms that are
               extensive and comprehensive, the extent and format of any given form or report can
               easily be narrowed and tailored to the context of the task.
    H. Testing Procedures
          1.   The paradigm for representing testing procedures and protocols in ComIT involves two
               different elements.
               I. A Checklist Item is a procedure or issue that only needs a binary (Yes/No, or OK/Not
                  Ok, Done/Not Done). Checklist Items are assigned to Responsible Parties, and are
                  completed/acknowledged by an Individual in the employ of that Party.
               II. A Test is a more extensive procedure that requires the sequence, measured value,
                   setting, etc. documented. Tests are further categorized into two categories:
                     (a) Start-Up/Prefunctional (abbreviated as Start) is a test that is typically done prior
                         to the Acceptance Phase and is generally the responsibility of the installing
                         contractor. Contractor is responsible for performing and documenting 100% of
                         the start up tests, but the CA will only be involved in spot checking a sample of
                         those.
                     (b) Functional Performance Test (abbreviated as FPT) is one that will be done
                         during the Acceptance Phase on the applicable percentage of systems being
                         functionally tested. An FPT will be done with the CA either performing or
                         witnessing the test. Therefore ultimately, everything that is indicated as FPT will
                         eventually be assessed by the CA on the sample of systems being tested.
                         However, initially, some FPTs are listed with the Contractor as the responsible
                         Party. This acknowledges that the Contractor is still responsible for the final
                         functionality and again, 100% of those tests must be completed.
               III. A test can have a status of PASS, FAIL, COULDN’T, or DIDN’T. Initially all tests are
                    listed as DIDN’T.
          2.   Tests can also have external documents linked to and associated with them. This
               therefore makes it possible to directly associate for instance a manufacturer’s standard
               form that might have been completed by the manufacturer’s representative, with a test
               that indicates that the manufacturer start up procedure has been completed and
               documented.




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           3.   Start up, Prefunctional, and testing procedures in ComIT are typically printed in two
                formats:
                I. A Portrait format that is targeted at start up activities that the Contractor is responsible
                   for (examples of this are listed in Part 5)
                II. A landscape format that only lists tests and is primarily used for functional tests
                    (examples of these are listed in Part 6)
    I. ACTION ITEMS
           1.   An Action Item is any context of issue that you want to document and track to completion.
                Action Items are categorized to indicate the context of information. Therefore, an Action
                Item report can be generated specific to a category. The following are tracked on any
                given Action Item:
                I. The initiator
                II. Responsible Parties
                III. Date Posted or requested
                IV. Date Due
                V. Date Delivered
                VI. The body of the Action Item
                VII.    Individual responses. The entire thread of discussion can be tracked to
                    completion
                VIII.    Official Response
                IX. Associated linked information
           2.   Example categories include:
                I. Request For Information where one party wants a clarification or additional information.
                II. Identified Deficiency: CA will use the Action List to indicate all perceived deficiencies
                    and track them to completion
                III. Notifications: Contractors will issue an Action Item to notify of an upcoming event or
                     milestone. The response dialogue can track who will attend or any rescheduling
                     needs.
           3.   ComIT uses Individual’s email as the communication forum while simultaneously tracking
                all correspondence in the project database.
           4.   Action Items, when applicable are associated with the applicable element in the building.
                Therefore, for instance, a report can be generated that indicates only the open issues for
                the ATC on AH-1. Example Action List Reports are Listed in PART 3.
    J.   Other Forms and Checklists
           1.   This section is not necessarily all inclusive for all Divisions of the specification. In some
                instances, forms dedicated to that section are included as a part of that section. These
                are in some cases part of the construction quality control process and in other cases they
                are part of more encompassing commissioning process. Completion of those forms and
                of the represented checkout and testing procedures is a requirement of the contract as
                are the ones included in this Section.
           2.   Contractor shall utilize forms and matrixes in files entitled “01 91 16_Cx_forms.pdf” and
                “01 91 16_Cx_Record_Matrix.pdf” (said two files incorporated in Contract by reference).



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              Subject forms include “Cx Responsibility Matrix”, “Example Action List”, “Representative
              Component Verification and Nameplate Data”, “Representative Start Up and Prefunctional
              Forms”, “Representative Functional Testing”, and “Cx Precedence Diagram”.

PART 2 –NOT USED

PART 3 –NOT USED

END OF SECTION




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                                     DRAFT FORM OF CONTRACT

This agreement (“Agreement”) is entered into effective the ____ day of ______, 2012 by and
between __________________ ("Consultant") whose address is
__________________________ and Maryland Economic Development Corporation (MEDCO), a
Maryland corporation and instrumentality ("Owner"), whose address is 100 N. Charles St,
Suite 630, Baltimore, MD.

NOW THEREFORE, in consideration of the mutual covenants and premises herein contained
and other good and valuable consideration, the receipt of which is hereby acknowledged, the
parties, intending to be legally bound, agree as follows:

1.       Specifications of Work and Payment for Services

         a.        Consultant agrees to provide the services set forth in Addendum A, attached hereto
                   (the “Services”) on the Maryland Public Health Lab Project in Baltimore, Maryland.

         b.        Owner agrees to pay Consultant, against invoices presented to, and approved by
                   Owner, for the Services at the fixed fee and/or unit rates set forth below.

         c.        There shall be no reimbursement for travel and living expenses incurred by
                   Consultant.

2.       Consultant Status

         a.        Consultant shall at all times be an independent contractor and shall have sole
                   responsibility for and control over all means, methods, techniques, sequences and
                   procedures for the provision of the Services.

         b.        Consultant agrees that it shall comply with all applicable tax laws and, it will
                   withhold all applicable federal employment taxes and assessments and pay said
                   taxes and assessments as required by the Internal Revenue Code. The Company
                   shall not be responsible for the payment or withholding of any taxes for the services
                   performed or income generated by Consultant.

         c.        This Agreement shall not constitute nor should it be construed as constituting a joint
                   venture or principal/agency relationship between Consultant and Owner.
                   Consultant agrees that no representations shall be made that he or she is an agent
                   or employee of Owner.

3.       Indemnity

         a.        As set out in Addendum B.

5.       Mutual Non-Solicitation

         a.        Except with Owner’s express written consent, Consultant shall not solicit, hire, or
                   employ any of Owner’s employees, nor shall Consultant cause, aid, or provide
                   information to any other person to solicit, hire or employ any of Owner’s employees.
                   For purposes of this provision, a party’s “employee” shall mean any individual that is


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                   on such party’s payroll during the term of this Agreement and for the ninety (90) day
                   period following removal from such payroll for any reason.

         b.        The parties hereto agree that, during the term hereof and for a period of one (1)
                   year following the termination or expiration of this Agreement, neither party will,
                   except with the other party's prior written consent, solicit or offer employment to an
                   employee of the other party who was directly and substantively involved in the
                   services performed under this Agreement. This provision shall not restrict the right
                   of either party to solicit or recruit generally in the media, and shall not prohibit either
                   party from hiring an employee of the other who answers any advertisement or who
                   otherwise voluntarily applies for hire without having been initially personally solicited
                   or recruited by the hiring party.

6.       Insurance

         See Addendum B.

7.       Termination

This Agreement may be terminated by either party with or without cause by providing fourteen (14)
days written notice to the other party. Consultant's obligations and representations under
paragraphs (3) (4) and (5) above shall survive the termination or other expiration of this Agreement.
In the event of notice of such termination, Consultant shall be paid pursuant to services rendered
up to the date of such termination and not thereafter. In the event of early termination by
Consultant, and a fourteen (14) day written notice is not given, Owner shall have the option to
withhold all final payments, including expenses (if any), until satisfactory release has been received
from the Consultant.

8.       Sole Agreement

This Agreement is the sole agreement for services between Owner and Consultant and
supersedes all prior agreements and understandings with respect to the services referred to
herein.

9.       Miscellaneous Provisions

         a.        Omission of Enforcement Not Waiver. No failure or delay in exercising any right,
                   power or privilege hereunder shall operate as a waiver thereof, nor shall any single
                   or partial exercise thereof preclude any other or further exercise thereof or the
                   exercise of any right, power or privilege hereunder.

         b.        Severability. If any provision of this Agreement is found to be unenforceable, the
                   remainder shall be enforced as fully as possible and the unenforceable provision
                   shall be deemed modified to the limited extent required to permit its enforcement in
                   a manner most closely representing the intention of the Parties as expressed
                   herein.

         c.        Confidentiality of Agreement. Except upon mutual written agreement, or as may be
                   required by law, neither party shall in any way or in any form disclose the contents
                   of this Agreement.



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         d.        Notices. All notices relating to this Agreement shall be sent to the parties at the
                   addresses stated below, by registered or certified mail or nationwide recognized
                   overnight courier. Either party hereto may specify in writing to the other party a
                   different address for the giving of notices.

                        Notices to Owner:
                                            John Lecker
                                            FC-NEBP (Owner’s Representative)
                                            Suite 102, 855 North Wolfe Street
                                            Baltimore, Maryland, 21205
                                            410-900-1012, johnlecker@forestcity.net

                        Notices to Consultant:
                                          NAME NAME
                                          COMPANY NAME
                                          ADDRESS
                                          TELNO, EMAIL ADDR

         e.        No Warranties. Except as expressly stated herein, the parties hereto expressly
                   disclaim all warranties, whether express, statutory or implied.

         f.        Force Majeure. Except for payments of outstanding balances when due, neither
                   party will be liable for any damages or penalties for delay in performance when
                   such delay is due to the elements, acts of God, acts of civil or military authority, fires
                   or floods, epidemics, quarantine restrictions, war or riots, or other circumstances
                   outside the reasonable control of the affected party.

         g.        Amendments. This Agreement may only be amended by the written agreement of
                   Owner and the Consultant. No amendments, variations, modifications or changes
                   herein or hereof shall be binding upon either party unless set forth in a document
                   duly executed by or on behalf of such party.

         h.        Interpretation of Agreement. Paragraph titles or captions contained in this
                   Agreement are inserted only as a matter of convenience and for reference, and in
                   no way define, limit, extend, describe or alter the scope of this Agreement or any
                   provision hereof. All personal pronouns used in this Agreement shall include the
                   other genders whether used in the masculine, feminine or neuter gender, and the
                   singular shall include the plural whenever and as often as may be appropriate.

         i.        Execution in Counterparts. This Agreement may be executed in one or more
                   counterparts, each of which shall be deemed an original, and all of which shall
                   constitute one and the same instrument.




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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.



         OWNER              .                                    CONSULTANT



By:                                                              By:

Name: _________________________                                  Name: _____________________

Title:   _________________________                               Title:

Date:                                                            Date:



The attached Addenda A and B are hereby incorporated in this agreement.




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Addendum A shall contain:
        SCOPE OF WORK

        PRIMARY SPECIFICATIONS SECTIONS THAT APPLY TO CONSULTANT’S SERVICES:




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                           Addendum B - Project-Specific Contract Requirements
The following provisions are made part of this contract and supersede any conflicting provisions that may
appear elsewhere in this contract
1) Delegation of Powers to Act as Owner’s Representative: The Owner hereby delegates powers to
   Forest City – New East Baltimore Partnership (FC-NEBP) that are necessary and appropriate for
   FC-NEBP’s efficient and effective management of Consultant’s Contract with Owner, including
   powers to modify said Contract, accept or reject performance, and provide initial approval or denial of
   payments to Consultant.
2) Third-Party Beneficiaries. DHMH and DGS are hereby expressly designated to be intended third-
   party beneficiaries of this Agreement and, subject to any rights of the Trustee for the bonds issued by
   the Owner for the Project, shall have the right to enforce the Owner's rights under this Agreement
   against the Consultant.
3) Additional Requirements Due to Trustee. To the extent applicable, Owner may have to comply
   with Trustee requirements, and the parties acknowledge that Owner's approvals and other actions
   regarding Consultant services may be affected by Trustee requirements. Consultant shall comply with
   all reasonable requests by Owner or lender for reports, certificates, statements and further services
   which are not inconsistent with the terms and conditions of this Agreement. However, in the event any
   such request requires Consultant to provide services not already part of the scope of services
   hereunder, Consultant shall be entitled to compensation as an Additional Service.
4) CLAIMS AND DISPUTES
    a) Insurance Coverage of Damages: To the extent damages are covered by property insurance,
       the Owner and Consultant waive all rights against each other and against the contractors,
       consultants, agents and employees of the other for damages, except such rights as they may
       have to the proceeds of such insurance. The Owner or the Consultant, as appropriate, shall
       require of the contractors, consultants, agents and employees of any of them similar waivers in
       favor of the other parties enumerated herein.
    b) Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold
       Owner, Owner's Representative, State of Maryland Department of Health and Mental Hygiene
       (DHMH) and State of Maryland Department of General Services (DGS), their respective
       consultants, trustees, officers, employees and agents, harmless from any and all loss, lawsuit,
       liability, damage, cost and expense (including reasonable attorneys' fees) to the extent caused by
       (i) the negligent acts, errors or omissions or willful misconduct of the Consultant, its consultants,
       agents or employees in connection with the Agreement; or (ii) any breach or default in the
       performance of the obligations of Consultant hereunder. The provisions of this Section shall
       survive termination of this Agreement.
    c) Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of
       or relating to this Agreement promptly by negotiations between executives who have authority to
       settle the controversy. Any party may give the other party written notice of any dispute not
       resolved in the normal course of business. Within fifteen (15) days after delivery of this notice,
       executives of both parties shall meet at a mutually acceptable time and place in Baltimore to
       exchange relevant information and to attempt to resolve the dispute. All negotiations pursuant to
       this subsection are confidential and shall be treated as compromise and settlement negotiations
       for purposes of rules of evidence. All claims, disputes or other matters in question between the
       parties to this Agreement arising out of or relating to this Agreement or reach thereof shall be
       subject to and decided by litigation. The parties agree that prior to proceeding with litigation, they
       shall participate in nonbinding mediation pursuant to the Construction Industry Mediation Rules of
       the American Arbitration Association and shall make reasonable efforts to have all affected
       parties participate in such mediation. This covenant shall not prevent a party from filing the
       appropriate litigation as otherwise required by any applicable requirement at law or in equity.
       However, it is the intention of the parties to attempt to resolve their disputes by mediation as soon
       as possible without the necessity of engaging in litigation discovery procedures and each party



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         will cooperate with the other in providing information factual or otherwise, which might reasonably
         be necessary for an effective early mediation of the dispute.
    d) Governing Law/Forum. This Agreement shall be governed by the laws of the State of Maryland,
       without giving effect to principles of conflicts of law thereof. If the above efforts to resolve the
       dispute are unsuccessful, either party may then commence litigation as provided in this Section.
       Each of the parties to this Agreement hereby irrevocably and unconditionally: (i) consents to
       submit to the exclusive jurisdiction of the courts of Baltimore City, Maryland for any proceeding
       arising out of or in connection with this Agreement and each such party agrees not to commence
       any such proceeding except in such courts, and (ii) waives any objection to the laying of venue of
       any such proceeding in the courts of Baltimore City, Maryland.
    e) Non-Recourse. Consultant acknowledges, agrees and accepts that any obligation of Owner
       hereunder is solely on a limited recourse basis and that Owner has no taxing power.
       Notwithstanding anything to the contrary contained in this Agreement or in any other agreement
       or contract executed and delivered by Owner in connection with the Project, neither this
       Agreement nor any such other contract or agreement shall (a) constitute a debt of the State of
       Maryland or any political subdivision, agency or instrumentality thereof other than Owner,
       (b) constitute a debt to which the faith and credit or taxing power of the State of Maryland or any
       political subdivision, agency or instrumentality thereof is pledged, or (c) obligate the State of
       Maryland or any political subdivision, agency or instrumentality thereof to make any appropriation
       for payment. Consultant agrees that it shall not have any recourse against the officers, directors
       or employees of Owner, and that the officers, directors and employees of Owner shall not be
       personally liable for, or have any personal obligation in any respect for, any claim based on or in
       respect of any liability of Owner for the performance of any covenant, agreement, obligation, term
       or condition contained in this Agreement. Consultant further agrees that, for payment hereunder
       or for the performance of any other covenant, agreement, obligation, term or condition contained
       in this Agreement, Consultant shall have recourse solely and exclusively against the proceeds of
       the bonds issued by Owner for the Project, to the extent that such proceeds remain available for
       such use, and Owner's interest in the Project, including revenues from the Project available for
       such use. Consultant further agrees that for payment hereunder or for the performance of any
       other covenant, agreement, obligation, term or condition contained in this Agreement, Consultant
       shall have no recourse against any other assets, properties or funds of Owner or the State of
       Maryland or any political subdivision, agency or instrumentality thereof, and that in no event shall
       Owner be obligated to use any of its other assets, properties or funds to make any payment or
       discharge any covenant, agreement, term or condition under this Agreement. Consultant further
       agrees that, other than as stated herein, it shall have no recourse against Owner and shall not
       seek to assert any claim or to enforce any award or judgment against Owner for any liability or
       other obligation of Owner in connection with this Agreement or the transactions contemplated by
       this Agreement, whether such claim, award, judgment, liability or obligation be asserted or based
       in contract or in tort or otherwise. This provision shall survive the termination or expiration of this
       Agreement.
    f)   No Liens. Consultant acknowledges that no lien of any kind or nature may be filed against the
         real property owned by MEDCO and/or the improvements constituting the Project, owned by
         Owner, a public entity.
    g) Books and Records. Consultant shall maintain, in accordance with such reasonable accounting
       systems and procedures as may be reasonably requested by Owner, accurate and complete
       books and records in respect of the Project, including general ledgers and journals reflecting all
       costs and expenses incurred with respect to the Project, all bills received and paid and any and
       all other disbursements made by the Consultant with respect to the Project, including all
       payments requested on behalf of the Owner during the Construction Phase and all sums
       disbursed by the Trustee. Consultant shall retain the originals if available, or photocopies of all
       material notices, requests or other communications or documents received by Consultant on
       behalf of the Owner relating to the Project, the Contractor, the Trustee, any other creditor of the
       Owner, the issuer of the Owner's insurance policies, and any governmental, regulatory or
       supervisory entity. Such records shall be maintained on a current basis and shall be available for


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         periodic examination by representatives of the Owner during the Consultant's normal business
         hours upon reasonable prior notice. Consultant shall maintain such records for a minimum period
         of three (3) years after Final Completion of the Project and shall deliver them to the Owner if the
         Owner so requires.
    h) Audit Rights. Owner and/or DHMH and DGS may, upon reasonable notice, audit the records of
       Consultant and its subconsultants and suppliers during regular business hours, during the term of
       this Agreement and for a period of three (3) years after Final Completion is made under this
       Agreement or longer, if required by law. Such audits may be performed by an Owner, DHMH
       and/or DGS representative or an outside representative engaged by Owner, DHMH and/or DGS.
         i)    Definition of Records: For purposes hereof, "records" means any and all information,
               materials and data of every kind and character, whether hard copy or in electronic form,
               which may, in Owner, DHMH and/or DGS's judgment have any bearing on or pertain to this
               Agreement, including, without limitation, books, subscriptions, recordings, agreements,
               purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, written
               policies and procedures, time sheets, payroll registers, payroll records, cancelled payroll
               checks, subcontract files (e.g., including proposals of successful and unsuccessful bidders,
               bid recap), original estimates, estimating work sheets, correspondence, change order files
               (including documentation covering negotiated settlements), back-charge logs and supporting
               documentation, invoices and related payment documentation, general ledgers, records
               detailing cash and trade discounts earned, insurance rebates and dividends, superintendent
               reports, drawings, receipts, vouchers and memoranda.
         ii)   Access to Records: Owner, DHMH and/or DGS's authorized representative shall have
               reasonable access to Consultant and Consultant's subconsultants' and suppliers' facilities,
               shall be allowed to interview all current or former employees to discuss matters pertinent to
               this Agreement, may count employees at the Project site, may be present for the distribution
               of payroll and shall have such other rights of access as may be reasonably necessary to
               carry out an audit.
         iii) Overcharges: If an audit discloses overpricing or overcharges, Consultant shall refund the
              overpayment, and if an audit discloses overpricing or overcharges in excess of $20,000 in
              addition to making adjustments for the overcharges, the reasonable actual cost of DHMH and
              DGS's audit shall be reimbursed to Owner, DHMH and/or DGS by Consultant. Any
              adjustments and/or payments that must be made as a result of any such audit or inspection
              of Consultant's invoices and/or records shall be made within ninety (90) calendar days from
              presentation of Owner, DHMH and/or DGS's findings to Consultant.
         iv) Flow-Down: Consultant shall provide notice of Owner, DHMH and/or DGS's audit rights to its
             subconsultants, suppliers and any other vendor providing services or materials for the Project
             and shall implement the provisions of this contract addendum in each agreement it enters
             into pursuant hereto.
5) No Privity with State Parties. There is no privity of contract created by this Agreement between
   Consultant, its subconsultant(s), contractor(s) and/or subcontractor(s) and DGS, DHMH and the State
   of Maryland, and their respective affiliates, officers, directors, employees, agents, successors and
   assigns,
6) No Liability of State Parties. Neither DGS nor DHMH will incur any liability by virtue of any act,
   omission, negligence, or obligation of the Consultant, its subconsultant(s), contractor(s) and/or
   subcontractors pursuant to this Agreement,
7) Confidentiality of Information. Consultant acknowledges that it or its employees may, in the course
   of performing its responsibilities under this Agreement, be exposed to or acquire information which is
   proprietary to or confidential to the Owner, DHMH, DGS and/or the State of Maryland. Any and all
   non-public information of any form so marked by the Owner, DHMH, DGS and/or the State of
   Maryland and obtained by Consultant in the performance of this Agreement will be deemed to be
   confidential and proprietary information. Consultant agrees to hold such information in strict
   confidence and not to disclose such information to third parties or to use such information for any


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    purpose whatsoever during the Project and for a period of two (2) years thereafter without the written
    consent of Owner, DHMH and/or DGS, except as necessary for (a) the performance of its services
    under this Agreement; (b) to advise each of its employees who may be exposed to such proprietary
    and confidential information of their obligations to keep such information confidential; (c) compliance
    with professional standards of conduct for the performance of the services and/or related matters;
    (d) compliance with any law, regulation, ordinance, court order or governmental directive or other
    legal mandate; and/or (e) protection of Consultant against any claims or liabilities arising from
    performance of services under this Agreement. In the event of any disclosure by Consultant under
    subparagraphs (c), (d) or (e), Consultant will give Owner fourteen (14) days advance courtesy notice
    of such disclosure. This obligation will not apply to information previously in Consultant's possession
    or in the public domain, or information lawfully acquired on a non-confidential basis from others. This
    provision will survive termination of this Agreement.
8) Non-Discrimination. Consultant may not discriminate on the basis of race, color, religion, ancestry
   or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other
   unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of
   subcontractors, vendors, suppliers, or commercial customers, nor shall Consultant retaliate against
   any person for reporting instances of such discrimination. Consultant shall provide equal opportunity
   for subconsultants, subcontractors, vendors, and suppliers to participate in all of its public sector and
   private sector subcontracting and supply opportunities, provided that nothing contained in this clause
   shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that
   have occurred or are occurring in the marketplace. Consultant understands and agrees that a
   material violation of this clause shall be considered a material breach of this Agreement and may
   result in termination of this Agreement or other sanctions. This clause is not enforceable by
   Consultant for the benefit of, and creates no obligation to, any third party. As a condition of entering
   into this Agreement, Consultant represents and warrants that every contract or subcontract it has
   entered into or will enter into for the performance of any of the work under this Agreement shall
   include a clause Identical of paragraph above and shall post conspicuously a notice that sets forth
   this nondiscrimination policy in a place that is available to employees and applicants for employment.
9) Insurance Requirements:
    a) Commercial General Liability. A broad form Commercial General Liability Insurance Policy,
       including, without limitation, a waiver of subrogation endorsement in favor of the additional
       insureds, and appropriate endorsements adding the following coverages: Premises and
       Operations Liability; Explosion, Collapse and Underground Damage Liability; Personal Injury
       Liability (with employee and contractual exclusions deleted}; Broad Form Property Damage
       Liability; Broad Form Contractual Liability supporting Consultant's indemnification agreements in
       favor of the additional Insureds; Completed Operations and Products Liability for a period of not
       less than two (2} years following the date of final payment for all services provided under this
       Agreement, if insurance is available and reasonably priced. The Commercial General Liability
       Insurance Policy must be written with a combined single limit of liability of not less than
       $1,000,000 for bodily injury and/or property damage and an annual aggregate of liability of not
       less than $2,000,000 for Completed Operations and Product Liability.
    b) Comprehensive Automobile Liability. Limits shall be not less than $5,000,000 combined single
       limit per occurrence for bodily injury and property damage.
    c) Workers' Compensation. Inclusive statutory benefits and limits which shall fully comply with all
       State and Federal requirements and contain Broad Form All States and Voluntary Compensation
       Endorsements and have limits of not less than $1,000,000 per accident, $1,000,000 per disease
       and $1,000,000 policy limit on a disease.
    d) Professional Liability. Errors and Omissions Insurance including contractual liability coverage
       with limits of not less than $10,000,000 each claim, and $12,000,000 aggregate. Consultant shall
       maintain this coverage in effect during the term of this Agreement and for three (3) years after the
       date of completion of its work on the Project, if the policy is written on other than an occurrence
       basis. Upon Owner's request, Consultant shall give prompt written notice to Owner of any and all



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                                                            Maryland Economic Development Corporation
                                                              State of Maryland Public Health Laboratory
                                                           Addendum B – Testing and Balancing Services

 
         claims made against this policy during the period in which this policy is required to be maintained
         pursuant to this Agreement. Self-retained deductible shall not exceed $100,000.
    e) Insurance Requirements of Subconsultants. Consultant agrees to require its subconsultants to
       comply with the insurance provisions required of Consultant pursuant to this Agreement unless
       Consultant and Owner mutually agree to modify these requirements for subconsultants whose
       work is of relatively minor scope. The term "subconsultant" shall include any Consultant
       subcontractor. Consultant agrees that it will contractually obligate its subconsultants to advise
       Consultant promptly of any changes or lapses of the requisite insurance coverages and
       Consultant agrees to promptly advise Owner of any such notices Consultant receives from its
       subconsultants. Consultant agrees that it will contractually obligate its subconsultants to
       indemnify and hold harmless Owner to the same extent that Consultant is required to do so as
       provided in this Agreement. Consultant assumes all responsibility for monitoring subconsultants'
       contracts and insurance certificates for compliance with the Insurance and other provisions of this
       Agreement until final completion of the Project.
    f)   Additional Insurance Requirements. Consultant shall not make changes in or allow the
         required insurance coverages to lapse without Owner's prior written approval. All policies for
         insurance must be endorsed to contain a provision giving Owner a thirty (30} day prior written
         notice by certified mail of any cancellation of that policy or any material change in coverage.
         Should a notice of cancellation be issued for nonpayment of premiums or any part thereof, or
         should Consultant fail to provide and maintain certificates as set forth herein, Owner shall have
         the right, but not the obligation, to pay such premium to the insurance company or to obtain such
         coverage and to deduct such payment from any sums that may be due or become due to
         Consultant, or to seek reimbursements for said payments from Consultant. Any sums paid by
         Owner shall be due and payable immediately by Consultant upon notice from Owner. Receipt and
         review by Owner of any copies of insurance policies or insurance certificates shall not relieve
         Consultant of its obligation to comply with the insurance provisions of this Agreement. The
         insurance provisions of this Agreement shall not be construed as a limitation on Consultant's
         responsibilities and liabilities pursuant to the terms and conditions of this Agreement.
10) Right to Disapprove Work. The Owner shall have the right to disapprove any portion of the
    Consultant's work on the Project, including, but not limited to, schematic phase, design development
    phase, construction documents phase, bidding or negotiation phase or construction phase work, and
    any other design work or documents, on any reasonable basis, including, but not limited to,
    aesthetics, or because in the Owner’s opinion, the construction cost of such design is likely to render
    such work or tie Project infeasible. In the event that any portion of the Consultant's work is not
    approved by the Owner, the Consultant shall proceed, when requested by the Owner, with revisions
    to the design work or documents prepared for that phase to attempt to satisfy Owner's objections.
    These revisions will be made without adjustment to the Consultant's compensation, except to the
    extent that Consultant can demonstrate that the work previously was reviewed and approved by the
    Owner.
11) Consultant Agreements Assignable. All subconsultant agreements shall include a provision
    allowing the Consultant to assign such agreements to the Owner at the Owner's written instruction
    and in the Owner's sole discretion. The Consultant shall make such assignment immediately upon
    request by the Owner.
12) No Hazardous Materials. Consultant shall not engage in any activity involving hazardous materials
    that would violate the requirements of any existing laws, ordinances, codes, rules and regulations,
    orders and decisions of all government authorities having jurisdiction over the site, the work or any
    part of either, or would cause substantial damage or risk of substantial damage to the environment, or
    in such a manner as to leave any residue which could be hazardous to persons or property or cause
    liability to Owner. For purposes of this Agreement, the term "hazardous materials" shall include, but
    shall not be limited to, substances currently defined as "hazardous substances" or "toxic substances"
    in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
    amended, 42 U.S,C. Sec. 9061 et seq., Hazardous Materials Transportation Act, 49 U.S.C. Sec.
    1802, the Resource Conservation Act and Recovery Act., 42 U.S.C. Sec. 6910 et seq., and any other
    environmental laws, rules and regulations as all of the above may be amended from time to time.

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                                                            Maryland Economic Development Corporation
                                                              State of Maryland Public Health Laboratory
                                                           Addendum B – Testing and Balancing Services

 
13) Ownership and Use of Instruments of Service. All Instruments of Service provided by the
    Consultant (which shall include all written or electronic deliverables and work product hereunder)
    shall become the property of the Owner, including all applicable copyrights, upon payment by Owner
    hereunder for the services provided by the Consultant, whether the Project for which the services are
    provided is executed or not. Owner may use the Instruments of Service for any lawful purpose.
    Consultant shall obtain in writing all necessary consents from its subconsultants to make this section
    fully effective. Owner understands the Consultant's work product has been or shall be prepared for
    this Project and that Consultant undertakes no responsibility if Owner uses any such work product in
    respect to another project. Constructing, using, maintaining, altering and adding to the Project are not
    considered to be use in respect to another project. Submission or distribution to meet official
    regulatory requirements for other purposes in connection with the Project is not construed as
    publication in derogation of Owner's rights. In the event that the Owner shall use Consultant's work
    product on another project such use shall be at Owner's risk and liability.
14) Owner's Right to Dispute Invoices. Promptly upon receipt, Owner shall review Consultant's invoice.
    If Owner disputes in good faith all or any portion of any invoice, Owner shall notify Consultant within
    fifteen (15) days of receipt of the disputed invoice. Such notification shall clearly indicate that portion
    of the invoice which Owner disputes or for which Owner claims a setoff and shall include a
    reasonably detailed explanation of the reasons for disputing such portion or for the setoff,
    respectively. Any invoice or part of invoice not disputed by Owner in the manner and within the time
    period set forth above shall be paid by Owner within 30 days of receipt; provided, that such payment
    shall not act as Owner's waiver of any claims that may be asserted against Consultant for the
    performance of defective or deficient services. Owner shall not be required to make payment to
    Consultant on account of any amount disputed in good faith by Owner in the manner and within the
    time period set forth above until the matter in dispute has been resolved by the parties. Any amount
    so disputed shall not be deemed to be an amount due Consultant under this Agreement until the
    matter is so resolved by the parties. If the resolution of the matter indicates that Consultant is entitled
    to be paid any portion of such disputed amount, then such amount to be paid to Consultant shall be
    due and payable within 20 days after resolution of the matter.
15) No Liability of State Parties. Neither DGS nor DHMH will incur any liability by virtue of any act,
    omission, negligence, or obligation of the Consultant, its subconsultant(s), contractor(s) and/or
    subcontractors pursuant to this Agreement.
16) Compliance with Agreement. All work performed by Consultant, its subconsultant(s), contractor(s)
    and subcontractor(s), its agents and employees under any contract or subcontract shall strictly
    comply with the provisions of this Agreement.
17) Time of the Essence. Time is of the essence with respect to Consultant's performance of services
    under this Agreement.




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