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<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to the performance of the Work, provided that
<br />any such claim, cost, loss, or damage is attributable to
<br />bodily injury, sickness, disease, or death, or to injury to or
<br />destruction of tangible property (other than the Work
<br />itself), including the loss of use resulting therefrom but
<br />only to the extent caused by any negligent act or omission
<br />of Contractor, any Subcontractor, any Supplier, or any
<br />individual or entity directly or indirectly employed by any
<br />of them to perform any of the Work or anyone for whose
<br />acts any of them may be liable.
<br />
<br />B. In any and all claims against Owner or
<br />Engineer or any of their respective consultants, agents,
<br />officers, directors, partners, or employees by any employ-
<br />ee (or the survivor or personal representative of such
<br />employee) of Contractor, any Subcontractor, any
<br />Supplier, or any individual or entity directly or indirectly
<br />employed by any of them to perform any of the Work, or
<br />anyone for whose acts any of them may be liable, the
<br />indemnification obligation under Paragraph 6.20.A shall
<br />not be limited in any way by any limitation on the amount
<br />or type of damages, compensation, or benefits payable by
<br />or for Contractor or any such Subcontractor, Supplier, or
<br />other individual or entity under workers' compensation
<br />acts, disability benefit acts, or other employee benefit
<br />acts ~
<br />
<br />C. The indemnification obligations of Contractor
<br />under Paragraph 6.20.A shall not extend to the liability of
<br />Engineer and Engineer's officers, directors, partners,
<br />employees, agents, consultants and subcontractors arising
<br />out of:
<br />
<br />1. the preparation or approval of, or the failure to
<br />prepare or approve, maps, Drawings, opinions, reports,
<br />surveys, Change Orders, designs, or Specifications; or
<br />
<br />2. giving directions or instructions, or failing to
<br />give them, if that is the primary cause of the injury or
<br />damage.
<br />
<br />6.21
<br />
<br />Delegation of Professional Design Services
<br />
<br />A. Contractor will not be required to provide
<br />professional design services unless such services are
<br />specifically required by the Contract Documents for a
<br />portion of the Work or unless such services are required
<br />to carry out Contractor's responsibilities for construction
<br />means, methods, techniques, sequences and procedures.
<br />Contractor shall not be required to provide professional
<br />services in violation of applicable law.
<br />
<br />shall appear on all drawings, calculations, specifications,
<br />certifications, Shop Drawings and other submittals
<br />prepared by such professional. Shop Drawings and other
<br />submittals related to the Work designed or certified by
<br />such professional, if prepared by others, shall bear such
<br />professional's written approval when submitted to
<br />Engineer.
<br />
<br />C. Owner and Engineer shall be entitled to rely
<br />upon the adequacy, accuracy and completeness of the
<br />services, certifications or approvals performed by such
<br />design professionals, provided Owner and Engineer have
<br />specified to Contractor all performance and design criteria
<br />that such services must satisfy.
<br />
<br />D. Pursuant to this Paragraph 6.21, Engineer's
<br />review and approval of design calculations and design
<br />drawings will be only for the limited purpose of checking
<br />for conformance with performance and design criteria
<br />given and the design concept expressed in the Contract
<br />Documents. Engineer's review and approval of Shop
<br />Drawings and other submittals (except design calculations
<br />and design drawings) will be only for the purpose stated
<br />in Paragraph 6.l7.D.1.
<br />
<br />E. Contractor shall not be responsible for the
<br />adequacy of the performance or design criteria required
<br />by the Contract Documents.
<br />
<br />ARTICLE 7 - OTHER WORK AT THE SITE
<br />
<br />7.01 Related Work at Site
<br />
<br />A. Owner may perform other work related to the
<br />Project at the Site with Owner's employees, or via other
<br />direct contracts therefor, or have other work performed by
<br />utility owners. If such other work is not noted in the Con-
<br />tract Documents, then:
<br />
<br />1. written notice thereof will be given to
<br />Contractor prior to starting any such other work; and
<br />
<br />2. if Owner and Contractor are unable to agree
<br />on entitlement to or on the amount or extent, if any, of
<br />any adjustment in the Contract Price or Contract Times
<br />that should be allowed as a result of such other work, a
<br />Claim may be made therefor as provided in Paragraph
<br />10.05.
<br />
<br />B. Contractor shall afford each other contractor
<br />who is a party to such a direct contract, each utility owner
<br />B. If professional design services or and Owner, if Owner is performing other work with
<br />certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a
<br />materials or equipment are specifically required of reasonable opportunity for the introduction and storage of
<br />Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other
<br />Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs.
<br />that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the
<br />such services or certifications to be provided by a Work that may be required to properly connect or
<br />properly licensed professional, whose signature and seal otherwise make its several parts come together and
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright I!) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 25
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