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<br />11.No Entitlement to Additional Compensation.Approval or denial of a proposed
<br />substitution shall not entitle the Contractor to additional compensation or adjustment to
<br />the Contract Time unless expressly authorized by the City in writing.
<br />12.Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its
<br />officers, and employees, against any and all claims, costs, demands, causes of action,
<br />lawsuits, losses, expenses or liability, including attorneys’ fees, to the extent caused by
<br />Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or
<br />omission, whether alleged or actual, regarding the work performed or caused to be
<br />performed pursuant to this Agreement and any amendments thereto. Contractor shall not,
<br />however, be obligated to indemnify Indemnitees from Claims arising from the negligence
<br />or willful misconduct of Indemnitees. This indemnification includes any claim that the
<br />materials or equipment provided under this Agreement, or any tool, article or process
<br />used, constitutes an infringement of any patent issued by the United States. This
<br />indemnification provision shall survive termination or cancellation of the Agreement.
<br />13.Title and Risk of Loss. Title and risk of loss for materials and equipment will pass to
<br />City upon delivery to City at City’s location or such other location specified by City.
<br />14.Liability. Core & Main’s liability under this Agreement shall not exceed the
<br />amounts paid to Core & Main by City pursuant to this Agreement, i.e., $10,262,257.
<br />Notwithstanding the foregoing, such limitations/exclusions shall not apply to (a) any
<br />claims for fraud or intentional misconduct, or (b) any claims for indemnity against any
<br />third-party claims covered by section 10.
<br />15.Insurance. During the term of this Agreement, Contractor shall maintain in full force and
<br />effect, at its own cost and expense, insurance coverages with insurers with an A.M.
<br />Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City,
<br />as additional insured, the minimum coverages identified below, or such greater or broader
<br />coverage for City, if available in the Contractor’s policies:
<br />a.General Liability and Bodily Injury Insurance. Commercial general liability insurance
<br />with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01,
<br />with limits of at least $2,000,000 per occurrence, $4,000,000 general aggregate, and
<br />$2,000,000 products and completed operations aggregate for bodily injury and
<br />property damage. The policy shall provide that the City, its officials, officers,
<br />employees, agents, and volunteers are named as additional insureds using ISO form
<br />CG 20 10 (or equivalent) for ongoing operations, and for construction or service
<br />agreements, ISO form CG 20 37 (or equivalent) for completed operations and
<br />satisfactory to the City Attorney. The policy shall allow and be endorsed as primary
<br />insurance for work performed by Contractor and its subconsultants, and that no other
<br />insurance or self-insurance effected by City or other named additional insured will
<br />contribute to or be called on to cover a loss.
<br />b.Automobile Liability Insurance. Automobile liability insurance coverage for owned,
<br />non-owned, and hired autos using ISO Business Automobile Coverage form CA 00
<br />Docusign Envelope ID: D15BA154-47D3-8EAA-8171-B89F63E73DD1
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