(A) The contractor shall expressly guarantee all sidewalks they install for a period of one year from and after its final completion and acceptance, and agrees to maintain it and make all necessary repairs of the same during the period above named without additional charge or cost to the property owners or the town. This guarantee shall include all repairs necessary due to imperfections or unsuitability of material or composition, too great or too little moisture, defects in workmanship, or settling of fills or excavations, or any change in or damage to the curb by reason of expansion of said sidewalks.
(B) The determination of the necessity for repairs rests entirely with the Town Manager, or the Manager’s designee, whose decision shall be final and obligatory upon the contractor and the guarantee herein stipulated shall extend to the whole body of the sidewalk and the repairs required under it may extend to a total reconstruction of the whole body of such sidewalk, if, in the judgment of the Town Manager, such total reconstruction shall become necessary.
(C) If repairs or reconstruction of any sidewalk shall become necessary as aforesaid, within the said guarantee period and the contractor shall fail or refuse to begin the necessary repairs or reconstruction as herein required, within ten days from the date, the Town Manager shall mail the contractor a written notice to make such repairs or shall fail thereafter to diligently prosecute the same to completion, then the town may proceed to have said repairs or reconstruction done in any manner and by whomsoever it may deem best, and charge the cost of the same to the contractor, to be recovered by said town by suit upon the bond of such contractor or any other method of collection available to the town.
(Prior Code, § 321.1.3) (Ord. 582, passed 4-2-2015)