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KLEIivFELDER <br /> of property value, damage, or injury that results from pre=existing hazardous materials being <br /> encountered or present on the project site, or from the discovery of such hazardous materials. <br /> Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder to <br /> assume the status of an owner, operator, generator, or person who arranges for disposal, <br /> transport, storage or treatment of hazardous materials within the meaning of any governmental <br /> statute, regulation or order. First Service of Northern California will be solely responsible for <br /> notifying all governmental agencies, and the public .at large, of the existence, release, treatment <br /> or disposal of any, hazardous materials observed at the project site, either before or during <br /> performance of Kleinfelder's services. First Service of Northern California will be responsible <br /> for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous <br /> materials, including cuttings and samples resulting from Kleinfelder's services. <br /> Kleinfelder will perform its services in a manner consistent with the standards of care and skill <br /> ordinarily exercised by members of the profession practicing under similar conditions in the <br /> geographic vicinity and at the time the services will be performed. No warranty or guarantee, <br /> expressed or implied, is part of the services offered by this proposal. <br /> All information gathered during the study by Kleinfelder is considered confidential and will be <br /> released only upon written authorization from the client or as required by law. California law <br /> requires a person to inform the state if a situation is encountered that can be considered an <br /> immediate endangerment to the public's health or welfare and/or to the environment. Therefore,- <br /> the client shall be contractually bound to make said disclosures in lieu of Kleinfelder, its owners, <br /> principals, employees or subcontractors. <br /> This document may be used only by the client and only for the purposes stated, and within a <br /> reasonable time from its issuance. Land use, site conditions (both on site and off site) or other <br /> factors may change over time, and additional work may be. required with the passage of time. <br /> Any party other than the client who wishes to use this document is requested to notify <br /> Kleinfelder of such intended use in writing. Based on the intended use of the document, <br /> Kleinfelder may require that additional work be performed and that an updated document be <br /> issued. Non-compliance with any of these requirements by the client or anyone else will release <br /> Kleinfelder from any liability resulting from the use of this document by any unauthorized party. <br /> The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the <br /> location of your project represents a potential safety concern to our employees. Unsafe <br /> conditions for field work will require a modification of our estimated scope of work and <br /> associated fees. We will advise you of the additional costs necessary to mitigate these <br /> unanticipated conditions, if applicable. <br /> 42162.E01 /ST04P 141 Page 9 of 9 <br /> Copyright 2004,Kleinfelder,Inc. March 30,2004 <br />