TranSystems Corporation - LGM Construction

workers performing the Work to read the Safety Manuals in their entirety and, at FedEx’s request
from time to time made, shall acknowledge that all workers then performing the Work understand all
parts of the Safety Manuals.
(d) FedEx must be able to contact the Superintendent via telephone at all times during
which work is not actually being performed on the Site, such as nights, weekends and legal
holidays. To that end, Contractor shall regularly provide to FedEx’s Representative the names
and telephone number of the Superintendent that will be on-call during an upcoming hiatus in the
performance of the Work.
Section 12.06. Inspection of the Work.
(a) FedEx and its designees must have access to the
Work at all times for the purpose of inspecting it, and Contractor shall provide proper facilities
for such access and inspection. If any portion of the Work that FedEx wishes to inspect is
covered or concealed, Contractor shall uncover it at FedEx’s direction for observation and,
following FedEx’s inspection, shall restore the area affected by the uncovering. If the designated
portion of the Work was covered before Contractor’s receipt of FedEx’s specific request that it
remain uncovered and if the Contract Documents did not restrict the covering of that portion of
the Work, Contractor will be entitled, to the extent provided in Sections 3.03 and 3.04, to an
adjustment to the Substantial Completion Date and the Contractor’s Fee, except as provided to
the contrary below. If, however, the designated portion of the Work was covered contrary to
FedEx’s prior request that it remain uncovered or contrary to the express requirements of the
Contract Documents or FedEx’s inspection reveals that the designated portion of the Work is
defective, Contractor will not be entitled to any adjustment to the Substantial Completion Date or
the Contractor’s Fee by reason of the uncovering or restoration of the designated portion of the
Work. If FedEx's designees discover any defective Work by reason of any such inspection,
FedEx shall report it to Contractor.
(b) If the Contract Documents, FedEx's written instructions or applicable Legal
Requirements require that special tests or inspections be conducted with respect to any of the
Work, Contractor shall notify FedEx of its readiness for inspection and testing and, if a public
authority, rather than FedEx, will perform the test or inspection, the date set for such test or
inspection. FedEx shall make its inspections promptly and, where practicable, at the source of
supply. If Contractor or any Subcontractor covers any of the Work without the approval or
consent of FedEx or any public authority having jurisdiction over the Work, Contractor shall
cause it to be uncovered for examination, at Contractor's expense, if required by FedEx or the
public authority.
(c) If testing procedures or inspections reveal any defective Work, Contractor shall correct
it promptly and shall pay all costs made necessary by the defect, including, without limitation,
the cost of repeated testing procedures or inspections and any increase in compensation that
FedEx must pay to any of FedEx’s architects, engineers and other consultants by reason of the
defect or the additional testing or inspections.
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