R89-113 AUTHORIZING AGREEMENT - WVP CORPORATION

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I. With the assistance of the ENGINEER obtain approval of all governmental authorities having jurisdiction over the project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the project. J. The OWNER will require that any Contractor or subcontractors performing work in connection with drawings and specifications produced under this Agreement to hold harmless, indemnify and defend,the OWNER and the ENGINEER,their consultants, and each of their officers, agents and employees from any and all liability claims, losses or damage arising out of or alleged to arise from the contractor's,or subcontractor's, negligence in the performance of the work described in the Construction Contract Documents, but not including liability that may be due to the sole negligence of the OWNER,the ENGINEER,their consultants or their officers, agents and employees. K. Builders Risk "All Risk" Insurance-Before commencement of the work,the OWNER will require that the Contractor and any Subcontractors submit written evidence that he (they) have obtained for the period of the Construction Contract, Builders Risk "All Risk" Completed Value Insurance Coverage, including earthquake and flood, upon the entire Project which is the subject of the Construction Contract. Such insurance shall include as additional named insured; the OWNER;the ENGINEER; and each of their officers, agents,employees and any other persons with an insurable interest as may be designated by the OWNER. Such insurance may have a deductible clause but not to exceed $5,000, except that the earthquake deductible may be in accordance with generally accepted insurance practices in the locale where the coverage is issued. ESTIMATES Paragraph 8-Estimates. Any Opinion of the Probable Construction Cost prepared by the ENGINEER represents his judgement as a design professional and is supplied for the general guidance of the OWNER. Since the ENGINEER has no control over the cost of labor and materials or over competitive bidding and market conditions,the opinions of probable construction cost provided for herein are to be made be on the basis of his experience and qualifications, but the ENGINEER does not guarantee the accuracy of such opinions as compared to the Contractor's bids or the project construction cost. INSURANCE Paraaraph 9- Insurance. The ENGINEER shall maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his work. 5