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or procedures, or for safety precautions and programs in connection with the Work, and will <br /> not be responsible for the Contractor's failure to carry out the Work in accordance with the <br /> Agreement. <br /> 18.6 The City Manager or his designee will have authority to reject Work that does not <br /> conform to the Contract Documents requirements. Whenever it is considered necessary or <br /> advisable to ensure the proper implementation of the Contract Documents, the City will have <br /> authority to require special inspections or testing of the Work, whether or not such Work is <br /> fabricated, installed or completed. Neither the City Manager or their designee's authority to act <br /> under this Article, nor any decision made by the City Manager or their designee in good faith <br /> either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of <br /> the City to the Contractor, any Sub-Contractor, supplier or any of their agents, employees, or any <br /> other person performing any of the Work. <br /> 18.7 The City will not be responsible for the acts or omissions of the Contractor, or anyone <br /> employed or contracted directly or indirectly by the Contractor including any Sub-Contractor, or <br /> any of their agents or employees, or any other persons performing any of the Work. <br /> ARTICLE 19. DEFECTIVE WORK <br /> 19.1 The City shall have the authority to reject or disapprove Work which is found to be <br /> defective. If defective work is found, Contractor shall promptly either correct all defective work <br /> or remove such defective Work and replace it with non-defective Work. Contractor shall bear all <br /> direct and indirect costs of such removal or corrections including cost of testing laboratories <br /> and personnel. <br /> 19.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any <br /> necessary repairs in accordance with the requirements of the Contract Documents within the <br /> time indicated in writing by the City Manager or his designee, the City shall have the authority to <br /> cause the defective work to be removed or corrected, or make such repairs as may be necessary at <br /> Contractor's expense. 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 Contractor, or may <br /> be charged against the Payment and Performance Bond. In the event of failure of Contractor to <br /> make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may <br /> declare Contractor in default. <br /> 19.3 If, within one (1) year after the date of Final Completion or such longer period of time <br /> as may be prescribed by the terms of any applicable special warranty required by the Contract <br /> Documents, or by any specific provision(s) of the Contract Documents, any of the Work is found <br /> to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written <br /> notice from the City Manager or his designee shall promptly correct such defective or nonconforming <br /> Work within the time specified by the City Manager or his designee without cost to the City.Nothing <br /> contained herein shall be construed to establish a period of limitation with respect to any other <br /> obligation which Contractor might have under the Contract Documents including but not limited <br /> to any claim regarding latent defects. <br /> 19.4 Failure to reject any defective work or material shall not in any way prevent later <br /> rejection when such defect is discovered, or obligate the City to final acceptance. <br /> 13 <br />