Exhibit C — Customer Responsibilities
Site Conditions & Access · Hawk Construction, LLC
⚠ ALL conditions below must be met BEFORE Provider's scheduled arrival. Failure to meet ANY requirement triggers the $2,500 Daily Standby Fee and / or $(TBD per project) Remobilisation Fee automatically — no notice required.
1 — Overview
The following conditions must be met by Customer prior to Provider's coordinated placement of Goods. Failure to meet these conditions may result in delay charges, Change Orders, or suspension of coordinated placement. Any materials, Goods, products, or services not explicitly mentioned in this Exhibit are excluded from Provider's scope.
2 — Site Conditions & Customer Preparation Responsibilities
Permitting
All permitting is Customer's sole responsibility. Customer releases Provider from any liability arising from permitting requirements or delays.
Documentation
Customer must provide a complete set of site plans and a geo-technical / soil report upon signing the Agreement. Provider reserves the right to modify the price if these reports materially affect placement costs.
Site Work
De-watering of the placement site is Customer's responsibility. Any geo-fabric, fill dirt, rock, sand, or gravel is excluded. Customer shall complete all site work including final grading and backfilling prior to Provider scheduling coordinated placement.
Staking & Layout
Customer shall stake the centreline of the wall at 50-foot intervals, indicating all initial, terminal, and turning points. All dimensions for gates and openings must be provided and marked. Stakes must indicate the bottom of wall, final grade marks, and any elevation changes.
Soil Requirements
Customer guarantees the placement area has soil compacted to 95% Standard Proctor with a bearing capacity of at least 2,000 PSF. Provider's warranty is void if failure is attributable to soil conditions not meeting these requirements.
Access & Clearance
A clear, dry, stable access path minimum 25 feet wide must be available along the entire placement line for 80,000-lb delivery trucks, telehandlers, and drill rigs. Bottom sections of retaining walls or buried panels must be excavated and accessible from both sides. Provider is not responsible for delays or costs due to inadequate site access.
Obstructions
Customer confirms there are no conflicts with underground utilities, overhead eaves, utility lines, poles, fire hydrants, manholes, irrigation, or any other obstacle. All tree and root system obstructions must be removed by Customer prior to Provider's arrival.
Overhead Power Lines
Customer is responsible for identifying, marking, and de-energising any power lines within 20 feet of the telehandler or drill rig swing radius prior to work commencement. Provider will enforce all OSHA-mandated clearances on Public Utility projects.
Equipment Limitations
Placement equipment is limited to Telehandler Forklifts, Jr. Excavators, and Skid Steers. Customer may not require use of equipment beyond Provider's standard fleet without a written Change Order.
Concrete Washout
Customer must designate a legally compliant, accessible on-site location for the concrete washout bin prior to scheduling. Provider is not liable for cleanup of minor excess concrete or spillage resulting from inadequate site access.
Spoils & Excavated Material
Provider's scope includes drilling of piers only. Pier spoils will be roughly spread along the fence line. Customer is solely responsible for any further movement, fine-grading, or off-site haul-off of dirt, spoils, or displaced rock. Movement to a secondary on-site location requires a written Change Order.
Exclusions: This scope excludes: concrete testing, rock drilling beyond standard pier depth, hydro-excavation, casing, sleeves, concrete pumps, transporting of concrete, traffic control, concrete costs from increased safety measures, varying site conditions, or excessive water pumping — unless explicitly stated in writing.
3 — Coordinated Placement & Design Specifications
Tolerances
Coordinated placement shall be performed per contract drawings within acceptable placement tolerances. Provider is not responsible for out-of-tolerance conditions caused by Customer's site preparation. Any costs incurred will be addressed by Change Order.
Design Approval
Provider must approve any final designs to ensure compatibility with coordinated placement and warranty of the Goods. Designs not meeting manufacturer's specifications may require modification at Customer's expense.
Component Gaps
Gaps between wall components are by design to allow for natural contraction and expansion. Gaps will remain unfilled and unsealed unless explicitly included in the written scope.
4 — Liabilities & Exclusions
Finish Imperfections
The exterior finish is a vertical mould form finish. Minor imperfections including form lines, bug holes, colour variations in grey cement, hairline cracking, and minor chipping (<1") are inherent aspects of precast concrete and are NOT defects covered under any warranty.
Damage Liability
Provider shall not be held liable for any damage to sidewalks, curbs, driveways, asphalt, landscaping, easements, or any underground utilities or systems not marked or located by the relevant utility company prior to Provider's arrival.
Soil Failure
Provider's warranty is void for any wall settling, shifting, or failure attributable to soil conditions not meeting the requirements of Section 2. Customer assumes all liability for soil-related failures.
Unmarked Utilities
Customer assumes all liability for damage to underground utilities not identified and marked prior to Provider's arrival. Provider is not responsible for costs associated with unmarked utility strikes.
Public Utility Projects
For all Public Utility projects, column placements must be individually staked by Customer. Provider will enforce all OSHA-mandated clearances. Additional safety requirements beyond Provider's standard practice are subject to the Administrative Surcharge.
5 — Additional Costs & Fees
Daily Standby Fee
$2,500.00 per occurrence — triggered automatically upon Provider's arrival at a site that fails to meet any requirement of this Exhibit. No notice required. Invoiced immediately, due upon receipt.
Remobilisation Fee
$(TBD per project) — triggered if Provider must leave site and return due to Customer's failure to prepare. Must be paid prior to rescheduling.
Delay Charges
Customer agrees to reimburse Provider for all increased costs from reasonable delays caused by weather, other entities on site conflicting with placement, or suspension of activity not caused by Provider.
Overtime
Any coordinated placement performed beyond a standard 40-hour work week will incur an additional charge at Provider's then-current overtime rates.
Unforeseen Conditions
The Agreement does not cover costs for equipment or services needed for unforeseen conditions including rock, concrete, asphalt, or buried debris. Customer is responsible for all such extra costs via written Change Order.
Administrative Surcharge
Any fees required by Customer for safety programmes, online training, background checks, special insurance (CCIP/OCIP), or payment portals (e.g., Textura, GCPay) are subject to the 15% Administrative Management Surcharge defined in the Master Agreement.
6 — Painting & Finishing
Access for Painting
Painting requires at least 5 feet of clear working space on each side of the wall. Customer must provide paint colours in writing in advance of scheduling.
Over-Spray
Customer acknowledges that over-spray on surrounding foliage is acceptable and unavoidable. Customer is responsible for removing all vehicles from the placement site prior to painting. Customer is liable for any over-spray affecting vehicles not removed.
Landscaping
Any additional landscaping installed before painting is complete will invalidate the original paint pricing and require a Change Order.
Colouring
Provider does not use integral colouring. Colour variations are inherent to the process. Any changes to colour or tint requested after Agreement execution will be invoiced as a Change Order.
Unpainted Finish
If Customer elects not to paint, Customer acknowledges the Goods may show dunnage marks, discolouration, and other imperfections common to non-architectural grey concrete. These are not warranty defects.
Marketing Rights
Customer grants Provider the right to photograph and video the completed installation and use Customer's name and project in Provider's marketing materials, unless this permission is revoked in writing prior to project completion.