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14. DEFECTIVE WORK <br />14.1 The City or its designee shall have the authority to reject or disapprove <br />work which is found to be defective. If defective work is found, Contractor <br />shall promptly either correct all defective work or remove such defective work <br />and replace it with non - defective work. Contractor shall bear all direct and <br />indirect costs of such removal or corrections including cost of testing <br />laboratories and personnel. <br />14.2 Should Contractor fail or refuse to remove or correct any defective work or to <br />make any necessary repairs in accordance with the requirements of this <br />Agreement within the time indicated in writing by the City or its designee, <br />the City shall have the authority to cause the defective work to be removed or <br />corrected, or make such repairs as may be necessary at Contractor's expense. <br />Any expense incurred by the City in making such removals, corrections or <br />repairs, shall be paid for out of any monies due or which may become due to <br />Contractor. In the event of failure of Contractor to make all necessary repairs <br />promptly and fully, which is not cured in the cure period, the City may declare <br />Contractor in default. <br />14.3 If, within one (1) year after the date of completion of Services or such longer <br />period of time as may be prescribed by the terms of any applicable special <br />warranty required by the Contract Documents, or by any specific <br />provision(s) of this Agreement, any of the work is found to be defective or not <br />in accordance with this Agreement, Contractor, after receipt of written notice <br />from the City or its designee, shall promptly correct such defective or <br />nonconforming work within the time specified by the City without cost to the <br />City. Nothing contained herein shall be construed to establish a period of <br />limitation with respect to any other obligation which Contractor might have <br />under this Agreement including but not limited to any claim regarding latent <br />defects. <br />14.4 Failure to reject any defective work or material shall not in any way <br />prevent later rejection when such defect is discovered, or obligate the City to <br />final acceptance. <br />14.5 Where the City or its designee becomes aware of faults, defects or non- <br />conformity in any of the work provided under this Agreement or with the <br />work being performed by the Contractor, the City or its designee shall issue a <br />Notice to Cure to the Contractor for correction. In no event shall the failure of <br />the City or its designee to bring to the attention of the Contractor of such <br />faults act as a waiver or release the Contractor from responsibility or liability <br />for such fault, defect or non - conforming work. <br />15. SAFETY PRECAUTIONS: In performing its Services under this Agreement, the <br />Contractor shall take reasonable precautions for the safety of, and shall provide reasonable <br />protection to prevent damage, injury or loss to (1) employees on the work site, members of <br />the public and other persons who may be affected thereby; (2) the work and materials and <br />