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File No. 20-3978-01.W23 K L E I N F E L D E R <br /> February 6, 1997 <br /> > This proposal is based on the presumption that Atherton Kirk Development will <br /> clearly mark utilities and will provide any and all available survey maps or other data <br /> to determine the location of tanks, existing structures, underground utilities and <br /> services. The client should be aware that penetrating the site's surface is inherently <br /> risky. It is impossible to determine with certainty the precise location of all structures <br /> which may be buried in the ground. Kleinfelder's fee is not adequate to compensate <br /> for both the performance of the services and the assumption of risk of damage to such <br /> structures. Disruption of utilities or damage to underground structures and repair will <br /> be the responsibility of the client. Services rendered by Kleinfelder to repair them will <br /> be billed at cost. Underground Services Alert (USA) at 1-800-642-2444 provides a <br /> partial location service free of charge for major utility lines. Kleinfelder can make <br /> contact with USA for a site visit, if requested. <br /> LIMITATIONS <br /> Kleinfelder prepared this proposal in accordance with generally accepted standards of care <br /> which exist in Northern California at this time. It should be recognized that definition and <br /> evaluation of geologic and environmental conditions are a difficult and inexact science. <br /> Judgments leading to conclusions and recommendations are generally made with incomplete <br /> knowledge of the subsurface conditions present. More extensive studies, including subsurface <br /> investigations, may be performed to reduce uncertainties. If the client wishes to reduce the <br /> uncertainties beyond the level associated with this proposal Kleinfelder can be notified for <br /> additional consultation. No warranty, expressed or implied, is made. <br /> Regulations and professional standards applicable to Kleinfelder's services are continually <br /> evolving. Techniques are, by necessity, often new and relatively untried. Different <br /> professionals may reasonably adopt different approaches to similar problems. Therefore, no <br /> warranty or guarantee, expressed or implied, will be included in Kleinfelder's scope of <br /> service. <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, <br /> loss of property value, damage, or injury that results from pre-existing hazardous materials <br /> being encountered or present on the project site, or from the discovery of such hazardous <br /> materials. <br /> Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder <br /> to 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 will be solely responsible for <br /> notifying all governmental agencies, and the public at large, of the existence, release, <br /> treatment or disposal of any hazardous materials observed at the project site, either before or <br /> during performance of Kleinfelder's services. Atherton-Kirk Development will be responsible <br /> 20-3978-OI.W231207PE047 Page 7of8 01997, Kleinfelder, Inc. <br />