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ldwkh NW k'q KLEINFELDER during performance of Kleinfelder's services. The San Joaquin Regional Transit District will be q � responsible for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle ' hazardous materials, including cuttings and samples resulting from Kleinfelder's services. Kleinfelder will perform its services in a manner consistent with the standards of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, expressed or implied, is part of the services offered by this workplan. All information gathered during the study by Kleinfelder is considered confidential and will be ' released only upon written authorization from the client or as required by law. California law requires a person to inform the state if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or to the environment. Therefore, ' the client shall be contractually bound to make said disclosures in lieu of Kleinfelder, its owners, principals, employees or subcontractors. ' This document may be used only by the client and only for the purposes stated, within a reasonable time from its issuance. Land use, site conditions (both on site and off site) or other factors may change over time, and additional work may be required with the passage of time. ' Any party other than the client who would like to use this report shall notify Kleinfelder of such intended use in writing. Based on the intended use of the report, Kleinfelder may require that additional work be performed and that an updated report be issued. Non-compliance with any of these requirements by the client or anyone else will release Kleinfelder from any liability resulting from the use of this report by any unauthorized party. ' The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe ' conditions for field work will require a modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable. ' This project has not been identified as being subject to prevailing wage laws. As such, our wages for field personnel are based on the competitive marketplace and may not be in compliance with ' the requirements for prevailing wage projects. In the event that prevailing wages are deemed by proper authority to apply to this project, additional, legally-mandated, labor-related charges will require a corresponding increase in our fee. 51276/STO5R272/FB:ly Page 8 of 8 Oc 2005,Kleinfelder,Inc. March 9,2005