TranSystems Corporation - LGM Construction

501070099 Federal Express Oakland Sort Expansion Issued for Bid 10/11
Project Manager shall be authorized by the Contractor to act on its behalf in every matter relating
to the Work.
2.2 CONTRACTOR’S SAFETY REPRESENTATIVE
A. The Contractor shall assign a Safety Representative to coordinate the safety precautions taken by
the Contractor in its performance of the Work.
PART 3 - CORRECTION OF DEFICIENCIES
3.1 DEFINITIONS AND APPLICATIONS
A. “Deficiency” is a condition or characteristic in supplies or services furnished by the Contractor that
is not in compliance with the requirements of the Contract Documents. “Correction” means the
actions taken by the Contractor that are necessary to eliminate a deficiency.
B. The rights and remedies of Federal Express will not be affected in any way by any other provisions under
the Contract Documents concerning the conclusiveness of inspection and acceptance; and are in addition
to and do not limit, any rights afforded to Federal Express by any other Section of the Contract
Documents.
C. This Article applies only to deficiencies discovered during performance of the Work and within one year
from the date of Final Acceptance except where otherwise noted.
D. The Contractor shall not be responsible for the correction of deficiencies in property furnished by Federal
Express unless the Contractor performs or is obligated to perform modifications or other work on such
property. In that event, the Contractor shall be responsible for correction of deficiencies to the extent of
such modifications other work. The Contractor shall not be responsible for the correction of deficiencies
caused by Federal Express.
3.2 NOTICE OF DEFICIENCIES
A. If Federal Express determines that a deficiency exists, Federal Express or its representative will notify the
Contractor of the deficiency in writing within seven days of discovery. If the Contractor discovers a
deficiency, it shall submit to Federal within seven days its recommendations for corrective actions with
sufficient details to enable Federal Express to determine what corrective actions will be taken.
B. Within seven days after receipt of the Contractor’s recommendation for corrective action, Federal Express
or its representative will give the Contractor written instructions concerning the corrective action to be
taken and the time limit allotted for it.
C. The Contractor shall promptly comply with written directions to correct deficiencies. The Contractor shall
also prepare and furnish to Federal, data and reports applicable to corrections required (including revising
and updating other affected data called for under the Contract Documents) with no increase in the
Contractor’s Fee. Corrections shall be made during such time as not to interfere with Federal’s
operations.
GENERAL CONDITIONS 00702 - 2