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6.20 Indemnification
<br />A. To the fullest extent permitted by Laws and Regula-
<br />tions, Contractor shall indemnify and hold harmless
<br />Owner and Engineer, and the officers, directors, partners,
<br />employees, agents, consultants and subcontractors of each
<br />and any of them from and against all claims, costs, losses,
<br />and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to the perfor-
<br />mance of the Work, provided that any such claim, cost,
<br />loss, or damage is attributable to bodily injury, sickness,
<br />disease, or death, or to injury to or destruction of tangible
<br />property (other than the Work itself), including the loss of
<br />use resulting therefrom but only to the extent caused by
<br />any negligent act or omission of Contractor, any
<br />Subcontractor, any Supplier, or any individual or entity
<br />directly or indirectly employed by any of them to perform
<br />any of the Work or anyone for whose acts any of them
<br />may be liable .
<br />B. In any and all claims against Owner or Engineer or
<br />any of their respective consultants, agents, officers,
<br />directors, partners, or employees by any employee (or the
<br />survivor or personal representative of such employee) of
<br />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, the indemnification
<br />obligation under Paragraph 6.20.A shall not be limited in.
<br />any way by any limitation on the amount or type of
<br />damages, compensation, or benefits payable by or for
<br />Contractor or any such Subcontractor, Supplier, or other
<br />individual or entity under workers' compensation acts,
<br />disability benefit acts, or other employee benefit acts.
<br />C. The indemnification obligations of Contractor under
<br />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 />I. the preparation or approval of, or the failure to
<br />prepare or approve, maps, Drawings, opinions,
<br />reports, surveys, Change Orders, designs, or
<br />Specifications; or
<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 />6.21 Delegation of Professional Design Services
<br />A. Contractor will not be required to provide professional
<br />design services unless such services are specifically
<br />required by the Contract Documents for a portion of the
<br />Work or unless such services are required to carry out
<br />Contractor's responsibilities for construction means,
<br />methods, techniques, sequences and procedures.
<br />Contractor shall not be required to provide professional
<br />services in violation of applicable law.
<br />B. If professional design services or certifications by a
<br />design professional related to systems, materials or
<br />equipment are specifically required of Contractor by the
<br />Contract Documents, Owner and Engineer will specify all
<br />performance and design criteria that such services must
<br />satisfy. Contractor shall cause such services or
<br />certifications to be provided by a properly licensed
<br />professional, whose signature and seal shall appear on all
<br />drawings, calculations, specifications, certifications, Shop
<br />Drawings and other submittals prepared by such
<br />professional. Shop Drawings and other submittals related
<br />to the Work designed or certified_ by such professional, if
<br />prepared by others, shall bear such professional's written
<br />approval when submitted to Engineer.
<br />C. Owner and Engineer shall be entitled to rely upon the
<br />adequacy, accuracy and completeness of the services,
<br />certifications or approvals performed by such design
<br />professionals, provided Owner and Engineer have
<br />specified to Contractor all performance and design criteria
<br />that such services must satisfy.
<br />D. Pursuant to this Paragraph 6.2 1, Engineer's review
<br />and approval of design calculations and design drawings
<br />will be only for the limited purpose of checking for
<br />conformance with performance and design criteria given
<br />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 6.17.D.1.
<br />E. Contractor shall not be responsible for the adequacy of
<br />the performance or design criteria required by the
<br />Contract Documents.
<br />ARTICLE 7 - OTHER WORK AT THE SITE
<br />7.01 Related Work at Site
<br />A. Owner may perform other work related to the Project
<br />at the Site with Owner's employees, or via other direct
<br />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 />1. written notice thereof will be given to Contractor
<br />prior to starting any such other work; and
<br />2. if Owner and Contractor are unable to agree on
<br />entitlement to or on the amount or extent, if any, of
<br />any adjustment in the Contract Price or Contract
<br />Times that should be allowed as a result of such other
<br />work, a Claim may be made therefor as provided in
<br />Paragraph 10.05.
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright �) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-25
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