6.20 Indemnification
A. Regardless of the coverage provided by any insurance, Contractor agrees to indemnify and shall defend and
hold harmless the City, its agents, officials, employees and authorized representatives and their employees from
and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands,
damages, liabilities, interest, attorneys' fees, costs and expenses of any kind or nature in any manner caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of Contractor or of anyone acting under its direction or control or on its
behalf in connection with or incidental to the performance of this contract. Contractor's indemnity, defense and
hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful
misconduct of the party indemnified or held harmless.
B. In any and all claims against OWNER or ENGINEER, agents, officers, directors, partners, or employees by
any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any
Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform
any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under
paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other
individual or entity.
C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER’s Consultants or to the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them arising out of:
The preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys,
Change Orders, designs, or Specifications.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the Project at the Site by OWNER’s employees, or let other
direct contracts therefore, or have other work performed by utility Owner’s. If such other work is not noted in
the Contract Documents, then:
1. Written notice thereof will be given to CONTRACTOR prior to starting any such other work; and
2. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other
work, a Claim may be made therefore as provided in paragraph 10.05.
B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility
OWNER (and OWNER, if OWNER is performing the other work with OWNER’s employees) proper and safe
access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and
the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be
required to properly connect or otherwise make its several parts come together and properly integrate with such
other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering
their work and will only cut or alter their work with the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit
of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit
of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors.
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