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File No. 20-3769-01 KLEINFELDER March 16, 1994 • Groundwater is anticipated at a depth of approximately 45 feet below ground surface. If groundwater is encountered at greater or lesser depths, costs will be adjusted accordingly. • The proposed scope of work and cost estimate is based on the previously described scope of work. If additional services are deemed necessary, West Clay Properties will be notified immediately. LIMITATIONS Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. Although risk can never be eliminated, more-detailed and extensive investigations yield more information, which may help understand and manage the level of risk. Since detailed investigation and analysis involves greater expense, our clients participate in determining levels of service which provide adequate information for their purposes at acceptable levels of risk. Acceptance of this proposal will indicate that West Clay Properties has reviewed the scope of work and determined that it does not need or want a greater level of service than will be provided. Any exceptions should be noted and may result in higher fees. Regulations and professional standards applicable to Kleinfelder's services are continually evolving Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. Therefore, no warranty or guarantee, expressed or implied, will be included in Kleinfelder's scope of service. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the protect site or from the discovery of such hazardous materials. Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental stature, regulation or order. West Clay Properties will be solely responsible for notifying all governmental agencies and the public at large, or the existence, release, treatment or disposal of any hazardous materials observed at the project site, either before or during performance of - KIeinfelder's services West Clay Properties will be responsible for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services. This proposal 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. Copyright 1994 Kleinfelder, Inc. Page 5 of 5