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12/05/200�t:14FA$' 209 1 IZO21 <br /> KLEINFELDER <br /> PROFESSIONAL SERVICES AGREEMENT <br /> This Professional Services Agreement ("Agreement') is entered Into between Client, hereinafter <br /> defined, and KLEINFELDER, INC. ("Consultant"): <br /> MS,DUNCAN KEIR "Client" KLEINFELDER, INC., "Consultant" <br /> 1103 GRANTLAND COURT 2825 E. Myrtle Street <br /> MODESTO, CA 95330 Stockton, CA 95205 <br /> Tony Martin <br /> Client engages Consultant to provide professional services ("Services") in connection with the following project: <br /> Underground Storage Tank Sita, Lopez property, 1601 7umpike, Stockton, CA ("Project") <br /> SCOPE OF SERVICES. Consultant shall perform the following Services: <br /> Limited Soil Assessment perKleinfelder's ProposaMorkplan dated Decembers, 2003, Proposal No, <br /> ST03P443 <br /> COMPENSATION. Client shall compensate Consultant as follows: <br /> On a time-and-expense basis per Kieinfeidees 2001 fee schedule. Estimated fee: $10,550. Please sign and <br /> return both copies of this agreement;an executed copy will be provided for your records <br /> The rates charged for Services are based on the current Consultant's Fee Schedule which is modified <br /> periodically. All Services rendered after a new Fee Schedule is in effect shall be billed to Client at the new <br /> rates. <br /> GENERAL CONDITIONS AND ADDENDA. NOTE:THE GENERAL CONDITIONS ON THE REVERSE SIDE <br /> OF THIS AGREEMENT CONTAIN LIMITATION OF LIABILITY, INDEMNIFICATION AND OTHER <br /> IMPORTANT PROVISIONS AFFECTING THE LEGAL RIGHTS AND OBLIGATIONS OF THE PARTIES. <br /> Client has read, understands and agrees to the General Conditions the Scope of Services and any Addenda <br /> incorporated into this Agreement by reference. This Agreement, Including the General Conditions, <br /> Consultant's Addenda and Fee Schedule, represents the entire Agreement between the parties and <br /> supercedes any and all agreements between the parties, either oral or in writing, including any purchase order <br /> issued by Client. <br /> This Agreement Is entered into.at Stockton and is made effective December 5, 2003. <br /> Client: MS. DUNCAN KEiR Consultant: <br /> KLEINFELDER, INC., <br /> 5y: By, <br /> Robert"Tony' Martin, R.G., REA-1 <br /> Title: Title: senior ecA"ia11Fcgj nal Manager <br /> Date Signed: Date Signed: <br /> Copyright 2003 Kleinfelder,Inc. 02004PR0RENb,S703C7459(S11r <br />