BERNAL INVESTMENT VALLEY AVENUE EXTENSION

The City shall release the faithful performance bond thirty (30) days after the recordation of the Notice of Completion. The City shall release the labor and materials bond thirty (30) days after recordation of the Notice of Completion provided that no stop notices have been filed. The City shall release the maintenance bond one (1) year after the recordation of the Notice of Completion provided all warranty work is completed to the satisfaction of the City. g-h., No change. i. NPDES Permit. For the BIC Channel Relocation Improvements, BIC shall obtain a National Pollution Discharge Elimination System (NPDES) Permit from the State Water Resources Control Board before beginning such work. 2. Indemnity. Section 7, "Indemnity" of the Agreement as amended is further amended as follows: a. Indemnity. BIC hereby agrees to and shall hold City, Zone 7 of the Alameda County Flood Control and Water District ("Zone 7"), the State of California, and their respective elective and appointive Boards, Commissions, Council, officers, agents, and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise from BIC's or BIC's contractors', subcontractors', agents' or employees' operation under this Agreement, whether such operation be by BIC or by any of BIC's contractors or subcontractors, or by any one or more persons directly employed by, or acting as agent for, BIC or any of BIC's contractors or subcontractors. BIC agrees to, and shall, defend (with counsel acceptable to City) City, Zone 7, the State of California, and their elective and appointive Boards, Commissions, Council, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. In addition to the above: i and ii., No change. b. Contractor's Insurance Coverage. BIC shall ensure that its contractors and subcontractors comply with the insurance provisions required in Exhibit B-1 to the New Public Road Crossing Agreement. In addition, BIC's agreements with contractors and subcontractors shall include a provision indemnifying the City, Zone 7, the State of California and their officers, employees and agents from claims arising from the Improvements and naming the City, Zone 7, and the State of California as additional insureds c. BIC Insurance. Prior to the commencement of construction of the Improvements, BIC shall provide the following: i and ii., No change. iii. Additional Insureds. All insurance policies shall be endorsed to add the City of Pleasanton, Zone 7, the State of California, and their respective officers, agents, and employees, as additional insureds under the insurance policy for all work performed under this Agreement. 4