R2012-30 AUTHORIZING AGREEMENT FEHR-GRAHAM & ASSOCIATES, LLC

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r of the services, answer CLIENT's questions, and respond to CLIENT's problems or complaints. FGA reserves the right to change the FGA Representative upon written notice to CLIENT. 4.9 FGA shall take reasonable precautions to prevent or minimize damage to property. CLIENT acknowledges that certain damage may be caused by FGA vehicles and equipment being on site. If FGA or any person for which it is responsible under this Agreement should cause any damage to property, FGA shall repair the damaged property to a condition equal to or better than the original condition and such reasonable repair shall be considered reimbursable expenses under Section 3 of this Agreement. After completion of the services,FGA shall leave all affected property in a clean and safe condition. 4.10 All communications by FGA with any CLIENT of CLIENT, or with regulatory authorities, or property owners shall be through CLIENT or with the explicit knowledge of and authority granted by the CLIENT Representative. Section 5: CLIENT's Obligations 5.1 CLIENT shall assist FGA, as reasonably required, in securing such information FGA deems necessary for providing services in connection with the tasks of the Work Plan under this Agreement. Such cooperation shall include providing access to the property, and such surveys and other records concerning subject matter of the project, which are available, and communications with regulatory agencies related to the project. CLIENT shall provide FGA with all information required to enable FGA to perform its service, including information on any Hazardous Materials that it knows or suspects may be located at, on or under the property, in writing. CLIENT does not represent or warrant that any information in its possession or known to it from time to time is complete, and expressly disclaims any warranty as to its accuracy. Therefore, FGA shall not be liable for any incorrect advice, judgment, recommendation, finding, decision or conduct based upon any inaccurate or incomplete information supplied or withheld by CLIENT, or errors or incorrect statements of governmental agencies or third parties relied on by FGA. Finally, it is FGA's obligation to have marked by appropriate utility companies the location of all public underground utilities or improvements. CLIENT agrees to hold FGA harmless from and against any liability or damages related to damaged underground improvements or utilities, except caused by the negligent acts of FGA. CLIENT acknowledges that in the event that any subsurface investigation is required under the proposal that it is inevitable that some destruction to the property shall occur. Repair of said concrete and/or surface structures to its same or similar condition, is included as part of the Work Plan. 5.2 CLIENT shall be responsible to arrange for access to property owned by third parties, as required for FGA to provide the services under the Work Plan. 5.3 CLIENT shall promptly notify FGA whenever CLIENT becomes aware of any development that materially affects the scope or timing of FGA's performance of services according to the Work Plan. 5.4 CLIENT shall appoint a "CLIENT Representative" to coordinate provision of the services under the Work Plan with FGA or FGA's Representative. The CLIENT Representative shall be authorized to act on CLIENT's behalf and to bind CLIENT and shall be available at reasonable times during the term of this Agreement to coordinate, answer FGA's questions, and respond to FGA's problems or complaints. CLIENT reserves the right to change the CLIENT Representative upon written notice to FGA. Section 6: Termination 6.1 Either party shall have the right to terminate this Agreement in the event of a material breach by the other parry that is not corrected within ten (10) days after written notice thereof. CLIENT's failure to pay FGA's invoices within the time prescribed hereunder shall be deemed a material breach. 3 2/15/2012