Common use of Design-Builder’s Quality Clause in Contracts

Design-Builder’s Quality. Program 1. Scope of Design-Builder's Quality Program (CQP) a. Quality is the responsibility of the Design-Builder. This responsibility includes development and implementation of a Design-Builder's Quality Program for quality management and construction activities. The CQP must satisfy the requirements of the Contract Documents. The Design-Builder must develop and implement an appropriate quality program to achieve a level of quality consistent with the Contract requirements. b. Throughout the course of the work, the CQP will be subject to continual monitoring to assess the effectiveness of the quality processes employed by the Design-Builder. The Design-Builder's implementation of and compliance with its CQP are subject to monitoring and audit by the Commission. The Contactor must address the Commission's concerns and audit findings. The Commission will pursue its remedies under the Contract for Design-Builder's failure to appropriately resolve such concerns and findings. 2. Design-Builder's Quality Program a. The Design-Builder must establish, implement, and maintain an effective quality program to manage, control, and document the work and assure that the Work conforms to the requirements of the Contract. The Design-Builder must communicate, implement, and follow the CQP at all levels of its organization. b. The CQP must describe the policies, plans, procedures, and organization necessary to exercise control and ensure quality. It must cover materials, equipment, workmanship, fabrication, and operations furnished both onsite and offsite by the Contactor. The CQP must be an internally approved document, signed by the Design- Builder's management representative, and must contain a revision number and effective date. The CQP must also include a written statement, signed by the Design-Builder's Quality Representative, that the program satisfies the requirements of the Contract. c. Organization of the quality functions and activities for the Project must be supported by the management structure of the Design-Builder. The choice and level of application of the quality program must be appropriate for the Project. d. Responsibility for achievement of quality must be acknowledged by all management, construction and support personnel of the Design-Builder. Subcontractors (including suppliers), testing laboratories, and consultants employed by the Design-Builder must also conform to the commitments specified in the Contract and the CQP. 3. Submittal of Design-Builder's Quality Program a. Within fourteen (14) days after the Notice to Proceed, the Design-Builder must provide its internally approved CQP to the Commission Representative for review and acceptance. If the Design-Builder fails to submit its CQP within the required time, or if the CQP is not accepted, the Commission may suspend the Work until the Design- Builder furnishes an acceptable CQP. The Design-Builder shall not receive a time extension for the period of any such suspension. 4. Acceptance of the Design-Builder's Quality Program a. The Commission Representative is responsible for reviewing and accepting the CQP. This acceptance is conditional based on satisfactory performance throughout the course of the work. As work progresses, the Design-Builder may be required to revise the CQP to maintain a quality of construction consistent with the Contract. Should this revision of the CQP be required, the revised CQP will again be subject to acceptance by the Commission Representative. 5. Proposed Changes to the Design-Builder's Quality Program a. The Design-Builder must notify the Commission Representative, in writing, of any proposed change to the CQP. Any changes to the accepted CQP will be subject to the same acceptance process stated in Section 13.02.4.a. above.

Design-Builder’s Quality. Program 1. Scope of Design-Builder's Quality Program (CQP)) This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers. a. Quality is the responsibility of the Design-Builder. This responsibility includes development and implementation of a Design-Builder's Quality Program for quality management and construction activities. The CQP must satisfy the requirements of the Contract Documents. The Design-Builder must develop and implement an appropriate quality program to achieve a level of quality consistent with the Contract requirements.. SAMPLE b. Throughout the course of the work, the CQP will be subject to continual monitoring to assess the effectiveness of the quality processes employed by the Design-Builder. The Design-Builder's implementation of and compliance with its CQP are subject to monitoring and audit by the Commission. The Contactor must address the Commission's concerns and audit findings. The Commission will pursue its remedies under the Contract for Design-Builder's failure to appropriately resolve such concerns and findings. 2. Design-Builder's Quality Program a. The Design-Builder must establish, implement, and maintain an effective quality program to manage, control, and document the work and assure that the Work conforms to the requirements of the Contract. The Design-Builder must communicate, implement, and follow the CQP at all levels of its organization. b. The CQP must describe the policies, plans, procedures, and organization necessary to exercise control and ensure quality. It must cover materials, equipment, workmanship, fabrication, and operations furnished both onsite and offsite by the Contactor. The CQP must be an internally approved document, signed by the Design- Builder's management representative, and must contain a revision number and effective date. The CQP must also include a written statement, signed by the Design-Builder's Quality Representative, that the program satisfies the requirements of the Contract. c. Organization of the quality functions and activities for the Project must be supported by the management structure of the Design-Builder. The choice and level of application of the quality program must be appropriate for the Project. d. Responsibility for achievement of quality must be acknowledged by all management, construction and support personnel of the Design-Builder. Subcontractors (including suppliers), testing laboratories, and consultants employed by the Design-Builder must also conform to the commitments specified in the Contract and the CQP. 3. Submittal of Design-Builder's Quality Program a. Within fourteen (14) days after the Notice to Proceed, the Design-Builder must provide its internally approved CQP to the Commission Representative for review and acceptance. If the Design-Builder fails to submit its CQP within the required time, or if the CQP is not accepted, the Commission may suspend the Work until the Design- Builder furnishes an acceptable CQP. The Design-Builder shall not receive a time extension for the period of any such suspension. 4. Acceptance of the Design-Builder's Quality Program a. The Commission Representative is responsible for reviewing and accepting the CQP. This acceptance is conditional based on satisfactory performance throughout the course of the work. As work progresses, the Design-Builder may be required to revise the CQP to maintain a quality of construction consistent with the Contract. Should this revision of the CQP be required, the revised CQP will again be subject to acceptance by the Commission Representative. 5. Proposed Changes to the Design-Builder's Quality Program a. The Design-Builder must notify the Commission Representative, in writing, of any proposed change to the CQP. Any changes to the accepted CQP will be subject to the same acceptance process stated in Section 13.02.4.a. above.