TranSystems Corporation - LGM Construction

501070099 Federal Express Oakland Sort Expansion Issued for Bid 10/11
3.3 TIME OF PERFORMANCE - CONTRACTOR’S FEE
A. Federal Express will not be responsible for delays in the scheduled deliveries or extensions of time
resulting from the Contractor’s obligation to correct deficiencies. There will not be any adjustment
of the delivery schedule or any extension of time as a result of such corrections unless stated by Federal
Express in a modification to the Contract Documents.
B. The Contractor shall recognize that this Article shall not be construed as obligating Federal Express to
increase the Contractor’s Fee.
C. If, in Federal Express’ opinion it is expedient not to correct or only to partially correct a deficiency, the
Contractor shall submit technical and cost proposals within seven days for Federal Express’ acceptance
or rejection of the affected supplies or services in accordance with the revised requirements. An
equitable reduction in the Contractor’s Fee may be negotiated and reflected in a Change Order.
3.4 TRANSPORTATION CHARGES
A. When replacement or correction of supplies is necessary, the Contractor shall be responsible for
transportation charges. The Contractor shall also be responsible for the supplies while in transit.
3.5 FAILURE TO CORRECT DEFICIENCIES
A. If the Contractor fails or refuses to:
1. Present a detailed recommendation or
2. Correct deficiencies or
3. Prepare and furnish data and reports
Federal Express will give the Contractor written notice specifying the failure or refusal and setting
a time period during which it must be remedied.
B. If the failure or refusal is not remedied within the specified period, Federal Express may, by contract or
otherwise, obtain detailed recommendations for corrective action and correct, replace and/or obtain the
supplies or services at the Contractor’s expense.
C. If the Contractor fails or refuses to furnish timely disposition instruction, Federal Express may dispose of
non-confirming supplies as defined in the Agreement.
3.6 CORRECTION OF DEFICIENT REPLACEMENTS
A. Supplies or services furnished in replacement shall be subject to the provisions of the Contract
Documents to the same extent as supplies or services initially rendered.
PART 4 - RIGHTS IN DATA
4.1 CONFIDENTIALITY OF INFORMATION
A. Project Manuals, Drawings and other information furnished to the Contractor shall remain the property of
Federal Express. Copies of such information in written, graphic or other tangible form shall be returned to
GENERAL CONDITIONS 00702 - 3