TranSystems Corporation - LGM Construction

procedures that differ from, or that must be performed in addition to, those required for the
Material for which Contractor made the substitution.
(b) Within sufficient time to avoid delays in the Work, Contractor must submit to
FedEx the name of the manufacturer, model number and other identifying information relating to
the performance, capacity, nature and rating of Materials proposed in substitution for those
specified in the Contract Documents. Where the Contract Documents specify Materials by trade
name, make or catalog number without using the words "or equal," Contractor may not substitute
Materials and must furnish the items as specified.
Section 5.03. Non-Conforming Materials.
(a) If Contractor installs or uses Materials in the
Work that do not comply with the requirements of the Contract Documents and that FedEx has
not previously approved, it does so at the risk of FedEx’s subsequent rejection.
(b) Contractor is fully and solely responsible for quality control for all Materials used
in the performance of the Work.
(c) FedEx may elect to accept any portion of the Work that does not conform with the
requirements of the Contract Documents instead of requiring Contractor to remove and correct it.
If FedEx makes that election, the parties shall equitably reduce the Contractor’s Fee and, if that
reduction occurs after FedEx has previously made Final Payment, Contractor shall promptly
remit the amount of the reduction to FedEx. The parties will resolve any dispute that arises
regarding the amount of any adjustment to the Contractor’s Fee required by virtue of the terms of
this Section 5.03(c) in accordance with the procedures set forth in Article 26.
Section 5.04. Millennium Compliance.
Contractor warrants to FedEx that the advent of
any date or year will not adversely affect the performance of any system, equipment or equipment
component that Contractor incorporates as part of the Work.
Section 5.05. FedEx-Furnished Materials. If the Contract Documents include a list of
either Materials that FedEx intends to pre-purchase and furnish to Contractor for incorporation or
installation in the Project or Materials, the procurement of which required long lead times, that
FedEx previously elected to procure (the “FedEx-Furnished Materials”), Contractor shall
designate the Subcontractors that will be responsible for receiving, off-loading, inventorying,
storing, protecting and installing the FedEx-Furnished Materials. Each Subcontractor to which
Contractor delegates that responsibility must furnish all Materials required to handle, install, and
make operational the FedEx-Furnished Materials for which the Subcontractor is given
responsibility. Contractor shall cause each Subcontractor having responsibility for FedEx-
Furnished Materials to inventory all items of FedEx-Furnished Materials for which it has
responsibility and to report shortages or visible damage to the exterior packaging of delivered
FedEx-Furnished Materials to Contractor within 72 hours after the time at which delivery of
those items to the Subcontractor occurs. Contractor shall provide to FedEx’s Representative a
written daily field report that lists the FedEx-Furnished Materials received during the day to
which the report applies and the extent of any damage or shortages existing with respect to those
FedEx-Furnished Materials that the responsible Subcontractor has reported to Contractor that
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