911.32. Payments, basin and method.

   (a)   The footage of walks and driveways to be paid for shall be the actual number of square feet of walk or driveways of the specified thickness, in place, and the removal or replacement of curb shall be paid for by the actual number of lineal feet, completed and accepted, and shall be paid for at the contract unit price bid.

   (b)   Such payments shall constitute full compensation for necessary excavation and back fill, the removal and disposal of all excess excavation, furnishing, preparing and placing all material, including expansion joints, reinforcing steel and subgrade material and for all labor, equipment, tools and incidentals necessary to complete these items.

   (c)   Payments shall be made based on the monthly estimate of the Commissioner after final inspection and checking of the work, according to the certificates of the Commissioner.

   (d)   Such certificates will be based on the amount of work satisfactorily completed the previous calendar month, and will amount to ninety percent of the value of completed work.

   (e)   Final payment will be made immediately after the Commissioner has certified that all work required hereunder is fully constructed or reconstructed in accordance with the contract documents and after the contractor has furnished a satisfactory bond guaranteeing the payment of all bills for labor or material incurred in the prosecution of the work, or satisfactory evidence that all such bills have been paid.

   (f)   Final payment shall be the value of the material furnished and labor performed under the contract, at prices named in the proposal of the contractor, less the total amount of all previous estimates, and according to the certificate of the Commissioner.

(1952 Code § 7-4-39)

911.33. Maintenance.

   The acceptance of any defective material or faulty structure by the City shall not relieve the contractor of the responsibility of replacing at his own expense defective walks or driveways, constructed by the contractor or his subcontractor. All such replacement work shall be started not later than ten days after being so instructed in writing by the Commissioner. Full or partial payment by the City shall not be construed to mean that the work performed is acceptable to the City. Final acceptance by the City of all work performed under this contract shall not extend more than six months beyond final construction operations.

   At the discretion of the Director, a sum of money equivalent to five percent of the total cost of the work performed may be retained by the City until final acceptance of all work performed, which final acceptance may be six months from last construction operation. This money to be retained by the City shall be held as security for the work of the replacement of such defective walk or driveway as is found to be the responsibility of the contractor.

(1952 Code § 7-4-40)

911.34. Civil liability for failure to maintain sidewalks.

   Every owner of any lot or parcel of land situated within the corporate limits of the City shall keep and maintain good and sufficient sidewalks adjoining such lot or parcel of land along all public streets, avenues, boulevards or lanes and shall cause them to be kept open, in repair and free from any nuisance, including but not limited to, snow and ice.

(Ord. 283-91. Passed 4-16-91.)

911.99. Penalty.

   Whoever violates any section, part of a section, or any requirement or provision of this chapter, except Section 911.34, is guilty of a minor misdemeanor.

(Ord. 283-91. Passed 4-16-91.)