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KLEINFELDER <br /> This project has not been identified as being subject to prevailing wage laws. As such, our <br /> wages for field personnel are based on the competitive marketplace and may not be in <br /> compliance with the requirements for prevailing wage projects. In the event that prevailing <br /> wages are deemed by proper authority to apply to this project, additional, legally-mandated, <br /> labor-related charges will require a corresponding increase in our fee. <br /> During the course of the performance of Kleinfelder's services, hazardous materials may be <br /> discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss <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. Atherton Kirk Development Company 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. Atherton Kirk Development Company 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 /> 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. <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. Based on the intended use of the document, Kleinfelder may <br /> require that additional work be performed and that an updated document be issued. Non- <br /> compliance with any of these requirements by the client or anyone else will release Kleinfelder <br /> from any liability resulting from the use of this document by any unauthorized party. <br /> 20-YPO-273/2000P331/200OW034 Page 10 of I I <br /> Copyright 2000, Kleinfelder, Inc. September 4,2000 <br />