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k'q KL ElNFEL DER with certainty the precise location of all structures, which may be buried in the ground. Kleinfedler's fee is not adequate to compensate for both the performance of the services and the assumption of risk of damage to such structures. Disruption of utilities or damage to underground structures will be the responsibility of AKF Development. Services rendered by Kleinfelder to repair them will be billed at cost. Underground Service Alert (USA) at 1-800-642-2444 provides a partial location service free of charge for major utility lines. It is important that AKF Development understand that subsurface buried under private property will not be marked by the public utility companies contacted by USA. Kleinfelder can make contact with USA for a site visit, if requested. 5.0 LIMITATIONS Kleinfelder prepared this proposal in accordance with generally accepted standards of care which exist in San Joaquin County, California, at this time. It should be recognized that definition and evaluation of geologic and environmental conditions are a difficult and inexact science. Judgments leading to conclusions and recommendations are generally made with incomplete knowledge of the subsurface conditions present. More extensive studies, including subsurface investigations, may be performed to reduce uncertainties. If the client wishes to reduce the uncertainties beyond the level associated with this proposal Kleinfelder can be notified for additional consultation. No warranty, expressed or implied, is made. 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 AKF Development, LLC 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 project 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 statute, regulation or order. AKF Development will be solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment or disposal of C20-3978-03.MTG/2002P 134 Page 5 of 6 Copyright 2002,Kleinfelder,Inc. April 29,2002