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12008 <br /> 12/05/2o03 17:09 FAX 209 9461 • <br /> KLEINFELDER <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, lass <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. Ms.. Duncan Keir will be solely responsible for notifying all <br /> governmental agencies, and the public at large, of the existence, release, treatment or disposal of <br /> any hazardous materials observed at the project site, either before or during performance of <br /> Kleinfelder's services. Ms. Duncan Keir will be responsible for all arrangements to lawfully <br /> store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and <br /> 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 proposal. <br /> All information gathered during the study by KleinfKder 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 mare any said disclosures in lieu of Klein-(elder, 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 /> Klefnfelder 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 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. veto will advise you of the additional costs neczs=_ary to mitigate these <br /> unanticipated conditions, if applicable. <br /> 0200.PkOP.E"NV'/S'rO1P443 _ Dov mba 5,2003 <br /> Paye 6 of 5 <br /> 2003 Kicinfcidcr,Ina <br />