Common use of Addressing Nonconformities Clause in Contracts

Addressing Nonconformities. 9.2.1 Project Co shall: (a) within 2 Business Days of the discovery of a Nonconformity, enter a Nonconformity Report into the Nonconformity Tracking System, which Nonconformity Report shall include at least the information described in Section 9.6 of this Schedule 9 [Quality Management]; (b) assign each Nonconformity Report a reference number with the status ‘open’ within 2 Business Days of the Nonconformity Report being entered into the Nonconformity Tracking System, and shall indicate the ‘open date’, the time required for preparing the Proposed Plan and the time required for implementing the Final Plan; (c) review any plans or processes that relate to the Nonconformity, including, if applicable, any Quality Management Plans, and, if the Quality Manager identifies any amendments or changes that need to be made to such plans or processes, Project Co shall enter a separate Nonconformity Report (or comparable Corrective Action or Preventive Action report) with respect to such amendments or changes in accordance with the requirements of Section 9.2 of this Schedule 9 [Quality Management]; (d) develop a proposed disposition plan (the “Proposed Plan”) for Corrective Action or Preventive Action (if any action is required) to rectify the Nonconformity, including the timing and scope of the Corrective Action or Preventive Action, within 10 Business Days of the ‘open date’ of the Nonconformity Report, or another date if such other date is: (i) appropriate based on the nature of the Nonconformity; and (ii) acceptable to the City, acting reasonably; (e) finalize the Proposed Plan within 60 Business Days or within another time period accepted by the City, and shall obtain the consent or agreement to the Proposed Plan from any individuals that will be responsible for certifying completion of the relevant Project Work, including the Engineer of Record, and, if applicable, the City. The finalized Proposed Plan shall include the scope of the Corrective Action, or the Preventive Action, or both, and the timing for completion of such scope, which shall be no longer than 60 Business Days following finalization of the Proposed Plan, unless otherwise agreed by the City, acting reasonably (such finalized Proposed Plan, the “Final Plan”); (f) submit to the City each Final Plan; (g) document and verify the implementation of the Final Plan and final rectification of the Nonconformity; and (h) once a particular Nonconformity has been fully rectified and the particular Final Plan has been Accepted by the City, assign the associated Nonconformity Report with the status ‘closed’ and record the ‘closed date’ in the Nonconformity Tracking System. 9.2.2 Notwithstanding anything else to the contrary in this Agreement, Project Co shall not proceed with that portion of the Project Work that is subject to an ‘open’ Nonconformity Report until such Nonconformity Report has been assigned ‘closed’ status in accordance with this Schedule 9 [Quality Management], unless the individuals responsible for certifying completion of the relevant portion of the Project Work, including the relevant Engineers of Record, permit Project Co to proceed with such portion of the Project Work in writing, and Project Co accepts all cost, schedule and other implications and impacts that may arise from proceeding with such portion of the Project Work prior to rectifying the Nonconformity.

Addressing Nonconformities. ‌ 9.2.1 Project Co Design-Builder shall: (a) within 2 Business Days of the discovery of a Nonconformity, enter a Nonconformity Report into the Nonconformity Tracking System, which Nonconformity Report shall include at least the information described in Section 9.6 of this Schedule 9 [Quality ManagementNonconformity Records]; (b) assign each Nonconformity Report a reference number with the status ‘open’ within 2 Business Days of the Nonconformity Report being entered into the Nonconformity Tracking System, and shall indicate the ‘open date’, the time required for preparing the Proposed Plan and the time required for implementing the Final Plan; (c) review any plans or processes that relate to the Nonconformity, including, if applicable, any Quality Management Plans, and, if the Quality Manager identifies any amendments or changes that need to be made to such plans or processes, Project Co Design-Builder shall enter a separate Nonconformity Report (or comparable Corrective Action or Preventive Action report) with respect to such amendments or changes in accordance with the requirements of Section 9.2 of this Schedule 9 [Quality ManagementAddressing Nonconformities]; (d) develop a proposed disposition plan (the “Proposed Plan”) for Corrective Action or Preventive Action (if any action is required) to rectify the Nonconformity, including the timing and scope of the Corrective Action or Preventive Action, within 10 Business Days of the ‘open date’ of the Nonconformity Report, or another date if such other date is:is:‌ (i) appropriate based on the nature of the Nonconformity; and (ii) acceptable to the City, acting reasonably; (e) finalize the Proposed Plan within 60 30 Business Days or within another time period accepted by the City, and shall obtain the consent or agreement to the Proposed Plan from any individuals that will be responsible for certifying completion of the relevant Project Work, including the Engineer of RecordAppropriate Person, and, if applicable, the City. The finalized Proposed Plan shall include the scope of the Corrective Action, or the Preventive Action, or both, and the timing for completion of such scope, which shall be no longer than 60 30 Business Days following finalization of the Proposed Plan, unless otherwise agreed by the City, acting reasonably (such finalized Proposed Plan, the “Final Plan”);Plan”);‌ (f) submit to the City each Final Plan; (g) document and verify the implementation of the Final Plan and final rectification of the Nonconformity; and (h) once a particular Nonconformity has been fully rectified and the particular Final Plan has been Accepted by the City, assign the associated Nonconformity Report with the status ‘closed’ and record the ‘closed date’ in the Nonconformity Tracking System. 9.2.2 Notwithstanding anything else to the contrary in this Agreement, Project Co Design-Builder shall not proceed with that portion of the Project Work that is subject to an ‘open’ Nonconformity Report until such Nonconformity Report has been assigned ‘closed’ status in accordance with this Schedule 9 [Quality Management], unless the individuals responsible for certifying completion of the relevant portion of the Project Work, including the relevant Engineers of RecordAppropriate Person, permit Project Co Design-Builder to proceed with such portion of the Project Work in writing, and Project Co Design-Builder accepts all cost, schedule and other implications and impacts that may arise from proceeding with such portion of the Project Work prior to rectifying the Nonconformity.Nonconformity.‌