NMDOT_Indemnification_and_Hold_Harmless_Agreement.pdf

This is an Indemnification and Hold Harmless Agreement document issued by the New Mexico Department of Transportation (NMDOT) for the City of Gallup's Turnkey Engineering, Procurement and Construction (EPC) project to deliver a new 115 kV to 13.2 kV, 30 MVA electrical substation in the Carbon Coal Road area. The agreement establishes the contractor's obligation to indemnify and hold harmless the City of Gallup, NMDOT, and their respective officers, employees, and agents from all claims, damages, liabilities, and expenses arising out of or resulting from the contractor's performance of work, including bodily injury, property damage, and violations of law. The contractor assumes full responsibility for all aspects of project delivery, encompassing engineering and design, permitting and regulatory coordination, equipment procurement, site development, civil and electrical construction, installation, testing, commissioning, startup, project management, training, and project closeout necessary to deliver a fully operational substation that improves electric system reliability and accommodates future load growth.

The indemnification provisions require the contractor to defend and protect the City and NMDOT against third-party claims regardless of whether such claims arise from the contractor's sole negligence, comparative negligence, or strict liability. The agreement underscores that the contractor maintains single-point accountability for all project phases and assumes all risks associated with project execution, quality assurance, budget adherence, schedule management, and safety compliance. These indemnification requirements are standard protective measures ensuring the contractor bears financial and legal responsibility for project-related incidents and liabilities throughout the contract term.