(A) All contracts.
(1) Each contract shall contain a clause, in substance to the effect that it is made subject to the ordinances of the village and to the power of the President, Village Engineer or other proper village officer to suspend the work, for a failure on the part of the contractor to execute the same according to the terms thereof, but that such suspension shall not affect any other of the remedies available for non-performance of the contract.
(2) Each contract shall contain a clause, in substance, to the effect that no liability shall attach to the village for any damages resulting from any work or public improvement or from the negligence of the contractor, his or her agents, employees or workers.
(3) Each contract shall contain a clause, in substance to the effect that the contractor shall be liable for any damages resulting from any work or public improvement or from the carelessness of the contractor, his or her agents, employees or workers.
(B) Contractors’ obligations. All contracts for any work or improvement which requires the digging up, use of occupancy of any street, alley, highway or public ground of the village, shall contain a clause, in substance to the effect requiring the contractor, during the nighttime, to install and maintain such barriers and lights as will effectually permit the occurrence of an accident in consequence of such digging up, use or occupancy.
(C) Contracts paid from special taxes or assessments. All contracts in which the contractor agrees to be paid from special taxes or special assessments shall contain a clause, in substance to the effect that the contractor shall have no claim or lien upon the village, in any event, except from the collection of the special taxes or assessments levied for the work contracted, and that no liability shall attach to the village by reason of entering into any such contract, except for the payment to such contractor of such specified moneys received by the village.
(D) Surplus materials. All contracts for the street and alley improvements shall contain a clause, in substance to the effect that the village shall reserve the disposition of all surplus earth removed in excavations on such streets or alleys, and that no contractor or subcontractor shall in any manner sell or dispose of any such surplus earth.
(Prior Code, § 33.017) (Ord. 88-007, passed 7-5-1988)