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:'133 Kcl~ Cecte~ ParKr,ay, S..ae 'VU PIeaS.r-to^, Cp During the course of performing Kleinfelder's services, hazardous materials may be »sbe-3,v, discovered. Kleinfelder will assume no responsibility or liability whatsoever for any pl9zs.asa , Luc expense, claim, loss of property value, damage, or injury that results from or in any f i 925asa ss3s way connected with pre-existing hazardous materials being encountered or present kleinfeldeccom on the project site, or from the discovery of such hazardous materials. Notwithstanding anything contained in this proposal to the contrary, Kleinfelder shall not assume the status of an owner, operator, generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental statute, regulation or order. The City of Pleasanton will be solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment or disposal of any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. The City of Pleasanton will be responsible for all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services. Regulations and professional standards applicable to Kleinfelder's services are continually evolving. Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. As such, our services are intended to provide the Cityof Pleasanton with a source of professional advice, opinions and recommendations based on a limited number of field observations and tests, collected and performed in accordance with the generally accepted practice that exists at the time and may depend on, and be qualified by, information gathered previously by others and provided to Kleinfelder by the City of Pleasanton. CLOSING REMARKS We appreciate the opportunity you have questions regarding contact the undersigned. Sincerely, KLEINFELDER WEST, INC. /! ~~ ~ John L. Williams, III, PG Staff Geologist JLW/JAL/jmk of presenting this proposal for your consideration. If this proposal or require additional information, please Ci%i~ James A. Lehrman, PG, CHG Environmental Group Manager 01002PROP / (PLE8P294.doc) /jmk Page 8 of 9 November 11, 2008 Copyright 2008, Kleinfelder