NOTES
If work is not started within 60 days or completed within the time allotted by this permit, a new permit must be obtained. This permit does not grant any permanent right, claim, title or easement in or upon the right of way.
Pedestrian and Vehicular traffic must be protected at all times according to Section_ of the City of Mercedes code of Ordinances.
All work permitted shall be according to the City of Mercedes Department of Public Works.
RELEASE
Permittee agrees to and shall release the city, its agents, employees, officers, and legal representatives (collectively the "city") from all liability for injury, death, damage, or loss to persons or property sustained in connection with or incidental to performance under the permit, even if the injury, death, damage, or loss is caused by the city's actual or alleged joint or concurrent negligence and/or the city's strict products liability or strict statutory liability.
INDEMNIFICATION
Permittee agrees to and shall defend, indemnify, and hold the city, its agents, employees, officers, and legal representatives (collectively the "city") harmless for all claims, causes of action, liabilities, fines, and r expenses (including, without limitation, attorneys' fees, court costs, and all other defense costs and interest) for injury, death, damage, or loss to persons or property sustained in connection with or incidental to performance under this permit, including, without limitation, those caused by:
- Permittee's and/or its agents', employees', officers', directors', principals', or subcontractors of permittees'
actual or alleged negligence or intentional acts or omissions;
- The city's and permittee's actual or alleged concurrent negligence, whether permittee is immune from liability or not; and
- The city's and permittee's actual or alleged strict products liability or strict statutory liability, whether permittee is immune from liability or not. Permittee shall defend, indemnify, and hold the city harmless during the term of the permit and for four years after the permit terminates. Where applicable, the provisions of section 283.057 of the Texas local government code shall control in lieu of the foregoing; additionally, to the extent that the applicant holds a current and valid utility franchise from the city, the release and indemnification provisions of the franchise shall control in lieu of the foregoing.
WARRANTY
The city's and permittee's actual or alleged concurrent negligence, whether permittee is immune from liability or not; and The city's and permittee's actual or alleged strict products liability or strict statutory liability, whether permittee is immune from liability or not. Permittee shall defend, indemnify, and hold the city harmless during the term of the permit and for four years after the permit terminates. Where applicable, the provisions of section 283.057 of the Texas local government code shall control in lieu of the foregoing; additionally, to the extent that the applicant holds a current and valid utility franchise from the city, the release and indemnification provisions of the franchise shall control in lieu of the foregoing. All work completed by the permittee shall be guaranteed and warranted for a term of no less than twenty-four (24) months from the date the work was completed. This does not prohibit the City from pursuing repairs after this date if it believes there were latent defects in the work completed underthis permit. Whenever within the two-year period any portion of the pavement or surface of any public way excavated under such a warranty is, in the engineering determination of the Public Works Director or designee, in need of repairs, by reason of any defect in workmanship or materials, the director shall serve upon the permittee a written notice stating the repairs necessary, and requiring the repairs to be made within five (5) days after service of the notice. If the repairs are not timely made, the director shall at once make or cause to the repairs to be made at the expense of the permittee. The expenses, including any related administrative expenses, shall be charged to the permittee, and the permittee is hereby required to pay the cost within thirty (30) days following receipt of notification. Disputes over costs assessed shall be subject to a hearing process.
By signing my name below, I certify that I have read the above information. Any questions concerning these policies have been discussed. My signature also certifies I agree with the terms and conditions of this form.
