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ATTACHMENT C
<br /> GENERAL CONDITIONS FOR SERVICES
<br /> These General Conditions are a part of each agreement between Bergs°liver Associates, Inc. and its client for the performance of services.
<br /> Berg,Oliver Associates, Inc. is identified as "BOA ". The party for whom the services are performed is identified as "Client ", and the written
<br /> agreement between the parties, including these General Conditions, is called "this Agreement ".
<br /> Article 1: Services by BOA
<br /> 1.1 Scope of services standard of care. BOA will perform the scope of services expressly described in this
<br /> Agreement, after it is signed by both parties. The services performed by BOA will be conducted in a manner consistent
<br /> with the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in
<br /> the same locale acting under similar circumstances and conditions.
<br /> 1.2 Restoration. BOA will exercise reasonable care to minimize damage to the site. However, Client
<br /> acknowledges that some damage may occur in the normal course of performing the services, even if due care is
<br /> exercised, and agrees that BOA will not be liable for such damage and will be entitled to additional compensation if it is
<br /> asked to perform restoration services not expressly included in the scope of services.
<br /> 1.3 Reports and Investigations. If BOA's performance of the services includes assessment, identification, or
<br /> testing services, the number of investigations and observations BOA makes, the number of samples it collects, or the
<br /> number of tests it performs are necessarily limited by budgetary and time constraints, and observations and samples by
<br /> their specific locational nature may not exactly represent similar samples or observations in the immediate vicinity.
<br /> BOA does not guarantee that all violations, problems, or sources of possible environmental condition will be identified,
<br /> that all contaminants or environmental condition will be detected /identified, or that requirements, standards, or
<br /> conditions will not change over time. Any report issued by BOA will set forth its findings and conclusions based on
<br /> the limited information available from the observations, investigations, sampling, and/or testing conducted under this
<br /> Agreement. In preparing its report, BOA may review and interpret information provided by Client, third parties, and
<br /> regulatory agencies and will be entitled to rely on the accuracy of such information, including laboratory results,
<br /> without performing an independent verification. BOA may include in its report a Statement of Limitations describing
<br /> the limitations of its investigations and findings and indicating that the report is for Client's use only and will not be
<br /> relied upon by any third party, except as expressly agreed in writing by BOA, and then only at such third party's own
<br /> risk.
<br /> 1.4 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will
<br /> become Client's property upon full payment to BOA. BOA may retain file copies of such deliverables. All other
<br /> reports, notes, calculations, data, drawings, estimates, specifications, and other documents and computerized materials
<br /> prepared by BOA are instruments of BOA's services and will remain BOA'S property. All deliverables provided to
<br /> Client are for Client's use only for the purposes disclosed to BOA, and Client will not transfer them to others or use
<br /> them or permit them to be used for any extension of the services or any other project or purpose, without BOA'S express
<br /> written consent.
<br /> 1.5 Services not included. Unless expressly included in the scope of services, BOA's services will not include
<br /> the following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any
<br /> contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil ") or
<br /> hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other
<br /> federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called
<br /> "Hazardous Materials "); (b) mechanical compaction of backfill; (c) dewatering before installation or filling tanks with
<br /> liquid or ballast following installation; (d) pump -out or disposal of product, water, or other contents from existing
<br /> tanks; (e) installation of anchor systems, foundations, shoring, or other support devices; (f) concrete, blacktop, water,
<br /> sewer, electricity, or other outside services; (g) the removal of any soil or water; (h) installation of protective fencing or
<br /> other structure; or (i) construction or monitoring. BOA will be entitled to additional compensation if it is asked to
<br /> perform or provide such services listed above. BOA will not be responsible for damage to or imperfections in any
<br /> concrete slabs it installs unless they are protected by Client from traffic for seven days.
<br /> 1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations, feasibility
<br /> studies, or economic analyses prepared by BOA will represent its best judgment based on its experience and available
<br /> information. However, Client recognizes that BOA has no control over costs of labor, materials, equipment, or services
<br /> furnished by others or over market conditions or contractors' methods of determining prices. Accordingly, BOA does
<br /> not guarantee that proposals, bids, or actual costs will not vary from opinions, evaluations, or studies submitted by
<br /> BOA.
<br /> Berg• Oliver Associates, Inc.
<br /> BOA Project Number 8310espr
<br /> July 5, 2011
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