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<br />Page 2 of 4 <br /> <br /> <br />A. Biological survey of the flora and fauna approximately 100-ft north and south of <br />the bridge alignment. <br />B. Cone penetration test (CPT) probes for evaluation of soil properties and collection <br />of soil samples at the location of each of two existing abutments on either side of <br />the creek. They will open up the asphalt at the ends of each road as close to the <br />abutments as they can get, hand auger down 5-ft to avoid any utilities, then push <br />the CPT using a small truck or tracked vehicle. Geotechnical Engineer will call <br />Dig-Alert for utility companies to mark their assets on-site. <br />C. Structural inspection of the existing abutments. <br />D. Topographic field survey of the cul-de-sacs, bridge alignment, and <br />creek/embankment cross-sections approximately 100-ft north and south of the <br />bridge alignment. <br /> <br />3. Term. The term of this Agreement shall commence on the Effective Date and <br />shall automatically terminate upon completion of the Work unless expressly extended upon <br />mutual written consent of the Parties. This design related work will be completed by June 30, <br />2025. A separate future agreement will be drafted for approval by the SLUSD prior to <br />construction of the bridge. <br />4. Conditions of Access. Site access will be limited to normal working hours and <br />days: 8:00 am and 5:00 pm, Monday through Friday (no work on Federal holidays). City and its <br />assignees shall be responsible for the maintenance and cleanliness of City property and ensure <br />that trash created from City activities is managed so as not to impact Property Owner’s use of the <br />Permit Area. City or its assignees may not install any signage in the Permit Area without <br />Property Owner’s permission. City will inform Property Owner within 24 hours of any <br />conditions that prevent City or its assignees’ access to the Permit Area, or of any dangerous <br />conditions that appear upon the Property that affect access to the Permit Area. City and its <br />assignees may not engage in any direct marketing activities upon the Permit Area that advertise <br />or market City or its assignee’s products or services. <br />5. Compliance with Laws. City shall comply with all state, federal and local laws, <br />regulations, rules and orders applicable to the Permit Area. <br />6. Indemnification. City shall indemnify, defend, and hold the Property Owner <br />harmless from and against all liability, loss, cost, expense (including without limitation <br />attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative <br />proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively <br />“Claims”) which are caused by, arise in connection with, result from, relate to, or are alleged to <br />be caused by, arise in connection with, or relate to City’s or City’s agents, consultants, <br />contractors or employees entry upon or use of the Permit Area, including without limitation any <br />failure of City or its agents, consultants, contractors or employees to comply with applicable law, <br />except to the extent any such Claim arises from the sole negligence or willful misconduct of the <br />Property Owner or the Property Owner’s agents, consultants, contractors or employees. This <br />Section 5, shall survive the term of the Agreement. <br /> <br />Docusign Envelope ID: CE7AB00F-1EE6-4872-9811-BC1465383852