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BO�TON & MENK, INC. Terms oi Proposal Botton & Menk, Inc. The acwmpanying Proposal(hereinafter referret3 to as "Proposal") is subject to the following terms and cond�tions. These '�'erms of Proposal (hereinafter referred to as "Terms"} are an integral part of the Proposal as if stated direcily therein. No ehange or de�iation frorn these Terms will be binding wilhout the wriEten approval oi Bolton & Menk, Inc. S�ch changes may require an adjustment in the proposed fee, schedule or scope of the Proposa�. A. Services: Boltan & Menk Inc. proposes to perform the services oudined in t�e Proposal for the sEated fee arrangement Changes reguired by the Client or other controtling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedUie of services descEibed in the Proposal shaI] be considered "Additional Services" and wii] be invoiced on an hourly basis in addition to the sta[ed fee arrangement. S. lnfor�malion from Client: Unless otherwis� stated, Client agrees to provide Bolton & Menk lnc. with all site information necessary to complete the proposed services. This information should include current site property descriptions (frorn abstracE, titie api�ion or title camrnitment); other tegal documents affecting the site; copies of previous surveys, maps, engineerin� studies and pians; existing ar required soils and geotechnical reports; governmental, regulatory an.d utility reviews and determinations; and al] other pertinent inforn�ation. Client shall promptly inform BoIton & Menk inc. of any alleged defects in services provided or the project. C. Access to Site: Unless otherwise stated, Cliern agrees to provide Bohon & Menk Inc. with access to the site, including adjoining properties, for activities necessary for the perfarmance of services. It is understood that in the norrrial course of wor�C, property d�mage Enay occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correcE resuIting damaQes has not been ine�uded in ihe fee. Bolton & Menk ine. wi1� take precautions to minimize damage due to these activities anc� the Client agrees to reimburse Bokton & Menk Inc. for any costs associa[ed with required restoration work. D. 5tandard of Care: Professiona3 services provided uncier this Agreement will be cond�cted in a rnanner consistent with that leve] o� care and skill ardinarily excrcised by n�embers of Bolton & Menk Inc's profession currently practicing under similar conditions. Balton & Menk Inc. makes no expressed or impiied warranty with respect to its undertakings described herein. E. Certi�cations: Any certifcation pro�ided by Boiton & Menk Inc. is a professional opinion based upon knowledge, information and beliefs availabie to Bolton & Menk Inc. at the time of certification. Such certiiications are not intended as and sha11 not be construed as a guarantee or warranry, Bolton & Menk Inc. shall not be required to ceetify the existence of conditions whose existence Bolton & Menk Inc, cannot reasonably ascertain. F Project Approvals: Bue io site lireiitations, code interpretations. regulatory reviews, poIitical considerations and Client directed design and irrtprovements, Soltan & Menk Inc. makes no representations as to acceptabi]fty or appravabiliry of the pro}ect; or, zoning reqUests, permit applications, site and development pla�s, plats and similar �acuments. Payment of fees to Bolton & Menk Inc. is not contin2enr �apon project approval. G. Opinions or Estimaies of Project Costs: Where included as part of project scopc or otherwise, opinions or estimates of project cost wi11 generaily be based upan p�ab]ic construction cost information. Sinee Bolton & Menk Inc. has no control over the casi o#� ]abor, materiais; eompetitive bidd[ng process, weather conditions and other factors affecting the cost of constructian, a]i cost estimates are opinions for general information of the Client and Bolton & Menk Inc. does not warrant or guarantee the accuracy of construction cost opinions ar estirr�ates. Project f nancing should be based upon acwal, contracted construction eosts with appropriate contingencies H. Constr�etion Phase Serviees: if construction phase en�ineering or staking services are ine]uded in this Proposa} or subsequently authorized, Client is notified [haE Bo]ton & Menk lnc. is not be responsib]e for means, methods, techniques or procedures of construction selectcd by any eontractor employed on thP project �ar for the safety precaations or programs incident to the work of any contractor. Lift Station Impro�ements City of Arden f�iils, MN Page 4 $ �- B� '^ a__e. . . ... _ _ � , s.¢a.«,°k'".e?.n.6�...._:.._..__........_T �.._ . -