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02/27/2007 14:01 6503274024 TRA ENVIRONMENTAL SC PAGE 05 <br />TRA Letter-Contract for BA for 557E Bayshore Rd. Page ~ <br />Te sand Conditions <br />In conducting the biological surveys and preparing a report of the results, TRA will make a best <br />effort based on our expertise in the required scientific disciplines and our experience in <br />preparing similar documents. <br />The methods and the information that must be reported are determined by the regulating <br />agencies. This may include the US Fish and Wildlife Service, the California Department of Fish <br />and Game, the US Army Corps of Engineers, the Regional Water Quality Control Board, and <br />the planning department of the city or county where the project is located. The content of TRA's <br />report will be based on the results of site survey(s), a review of the Califomia Natural Diversity <br />Data Base, comrnunicetions with local experts, and/or other r+sferences. Ths report will make a <br />full disclosure of any information gathered about habitat or presence of various species <br />identified in the course of conducting the biological surveys, per agency requirements. <br />Client will receive a preliminary copy of the report for technical review in order to correct any <br />errors in fact or specific changes in location of the project. Once the Client has provided a <br />technical review, the report will be finalized and delivered COD. If TRA's report is submitted to <br />an ag®ncy, it must be submitted in its entirety. <br />The biological evaluation will be completed to the best of TRA Environmental Sciences, Inc.'s <br />ability, using current data and regulatory information. The facts, statements, and information <br />presented are correct to the best of our knowledge at the time of the surveys. There ors <br />limits#ions inherent in conducting single-season biological surveys, and environmental <br />conditions could change in the future. Similarly, regulatory requirements also Chang®. The . <br />report is time-sensitive, and changes in conditions could affect the statements and conclusions <br />in the report. <br />The stated costs are an estimate. TRA Charges will reflect actual costs for labor and expenses. <br />If the Client requests tasks beyond what is stated in the scope of work, TdZ4 will request <br />additional compensation. TRA will not exceed the estimate without prior approval from Client. <br />One half of the Cost shall be provided at the start of work, and tha remaining payment shall be <br />paid upon delivery of the draft report. <br />This is a firm offer fora 60-day period, commencing February 27, 2007. If the schedule is <br />delayed for more than six months, not due to the negligent errors or omissions of TRA or its <br />subcontractors, we reserve the right to update the budget and scope of work. <br />The undersigned hereby grants permission to TRA to enter the subject property for the <br />purpose(s) outlined in the above scope of work and warrants that he/she has the authority to <br />give such permission. <br />This agreement pertains to work coordinated by TRA at its Menlo Park, Califomis, office. Both <br />parties deem that this agreement is entered into at Menlo Park, California, and will be <br />interpreted according to the laws of the State of Califomis and under the venue of San Mateo <br />County. <br />Client Name (Signature) Date <br />For TRA Date <br />Client Name (Please Print) <br />TRA Environmental Sciences, Inc. <br />