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April 3, 2017 8 Proposal No.: SWP-17-058 to this agreement shall have any rights hereunder to rely on this contract or on any of Consultant's services or reports without the express written authorization of Consultant. STANDARD OF CARE: Consultant agrees to strive to perform its services, which are intended solely for the use of the Client, in a proper and professional manner in accordance with current standards of geotechnical engineering practice in this community at this time. The Client agrees to pay for and look to Consultant only for such performances. No warranty or guarantee is express or implied. Consultant and the Client agree that there are risks of earth movement and property damage inherent in land development and repair and that Consultant has not been authorized to perform the exhaustive and economically unfeasible investigation necessary to eliminate such risks. EFFECTS OF SITE EXPLORATION: It is understood that in the normal course of providing these services, Consultant will be required to access the site to drill boreholes and excavate pits. All boreholes and pits will be backfilled at completion; however, some settlement should be anticipated. Consultant will attempt to minimize the effects of the exploration operations on the site. However, it must be understood that some damage to existing roadways, vegetation, fauna, or improvements may occur. Consultant does not propose to restore the site to the same condition as was present prior to the exploration operations. ENVIRONMENTAL SERVICES: The scope of geotechnical services does not include any environmental assessment or investigation for the presence or absence of wetlands, hazardous or toxic materials in the soil, surface water or groundwater, or air, on or below or around the site. GOVERNING LAW, SURVIVAL, AND FORUM SELECTION: The contract shall be governed by laws of the State of California. If any of the provisions contained in this agreement are held invalid, the enforceability of the remaining provisions will not be impaired. Limitations of liability, indemnities, representations and warranties by Client will survive termination of this agreement. The signatories represent and warrant that they are authorized by the entities on whose behalf they sign to enter into this contract and that their principals have filed fictitious business name statements, if required. All disputes between Consultant and client related to this agreement will be submitted to the court of the county where Consultant's principal place of business is located and client waives the right to remove the action to any other county or judicial jurisdiction. CLOSURE If the proposed Scope of Services, Terms for Service and Fee are satisfactory, please sign in the space provided. Please return one copy with the retainer and Owner Information Form to our office. This will constitute authorization for us to proceed with work on the project. Our fee will be billed subsequent to the submission of our final report to the client. Based on the passing of Assembly Bill No. 2629, services may not commence until the execution of a written contract. This agreement can be terminated by either party by notification in writing. Earth Systems responsibility for the project will end upon completion of the services described herein or termination of the agreement, unless authorization to perform additional work and agreement for payment thereof is provided by the client. This proposal is valid for a period of 90 days. If authorized after 90 days, Earth Systems reserves the right to reconsider the fees presented herein. EARTH SYSTEMS SOUTHWEST