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M KL E IN F E LDE R <br /> services, following notification by Kleinfelder of said condition. The client 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 workplan. <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 will be contractually bound to make any said disclosures in lieu of Kleinfelder, its <br /> owners, 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 fees presented in this workplan are based on prompt payment for services presented in <br /> Kleinfelder's standard invoicing format. Additional charges will be applied for specialized <br /> invoicing and/or if backup documentation is needed. These special services will be charged on a <br /> time and expense basis. Late fees will be charged if payment is not received in accordance with <br /> terms contained in our contract. <br /> This workplan is based on Kleinfelder's standard Professional Services Agreement (contract) <br /> which is attached. If changes are made to the terns and conditions, or if an additional insurance <br /> or liability coverage is desired, Kleinfelder reserves the right to modify its workplan/fee. <br /> Additionally, if an alternative contract is desired, some delays may be incurred as a consequence <br /> of our review. <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 /> 02001PROP.ENV/ST04PI18/DH:ss Page 8 of 8 <br /> Copyright 2004,Kleinfelder,Inc. March 22,2004 <br />