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Version 7 I -3fl-98 <br />Texrns of Proposal <br />Solton & Menk, inc. <br />The accampanying Proposal (herei�tafter referred to as "Proposal") is subject to the foIlowing Eerms and <br />conditions. These Terms of Proposal (hereinafter referred to as "Terrns") are an i�tegral part of the Proposa! as <br />i#'stated directly therein. No ehange or deviation from these Terms will he binding without the written <br />approval of Bo�ton & Me�k, Inc. Snch changes may require an adjustment in t�e proposed fee, schedule or scope <br />of the Proposal. <br />A. Services: Bolton & Menk inc. proposes to perform the sefvices outlined in the Proposal for the stated fee <br />a�rangement. Changes required by the C9ient or other controlling entities (regulatory agencies, contractors, courts, etc.) <br />from the scope or schedule of services described �n the Proposal shal] be eonsidered "Ac�ditional Services" and will be <br />in�roiced on a� haurly basis in addition to the stated fee an�angernen[. <br />B. Ir�formation irom Client: Unless otherwise stated, Client agrees to provide BoIton & Menk lnc. witE1 aIl site <br />information necessary to complete the proposed services. 7'his information should incIude cvrrent site property <br />descriptions (frotn abstE�act, titIe opinion or title cammitment); oEher legal docuFnents affecting the site; copies of <br />�revious surveys, maps, engineeri�g studies and plans; existing or required soils and geo[echnica! reports; <br />go�ernmental, regulatory and utility reviews and deEerrr►inations; and ali other pertinent inforrnation. Client sha!} <br />promptly infonn Bolton & Menk lnc. of any alleged defects ir� services provided or the project. <br />C. Access to Sife: Unless otherwise stated, Client agrees to provide Bolton & Menk J�►c. with access to the site, <br />includinQ acfjoining properties, for activities necessary for t�e performance of services. lt is understood that in che <br />narrnal course of work, property damage may occur due to excavatians, tree and br�sh crimming, marking lines, etc_ <br />The cost to correct resulting damages has nat been included in the fee. Bol€on & Menk Inc. wiI] take precautions to <br />minimize damage d��e to these activities and the Client agrees to reimburse $olton & Menk Inc. for any costs associated <br />with required restoration work. <br />U. Standard of Care: Professional services provided Under this Agreement will be conducted in a manner consistent <br />with that Ieve3 of caee and skill ordinarily exercised by members of Bolton & Men�C Inc's pro�ession currently <br />practicing under similar canditions. Bolton & Menk Ine. tnakes no expressed or implied warranty with respect to <br />i€s undertakir�gs described herein. <br />E. Certitications: Any certi�eation pro�ided by Bolton & Menk Inc. is a professiona] opinion based upon knawledge, <br />information and beliefs a�ailable to Bolton & Menk Inc. at tl�e time of certifcation_ Such certi�cations are not <br />intended as and shall not be construed as a guairantee or warranty. Bo]Eon & Menk Inc. sha}I not be required to certify <br />the existence of conditions whose existence Bo}ton & Menk Irrc_ cannat reasonably ascertain. <br />�' Praject Approvals: Due to site ]imitations, code interpretations, regulatory reviews, political considerations and <br />C1ie»t directed design and improvements, Boiton & Menk Inc. ma3ces no representations as to acceptability or <br />appro�ability of the pz-oject; ar, zoning requests, pennit applicaEions, site and de�elopment plans, plats and similar <br />documents. Payment of fees tn BolEon & Menk Inc. is not eontingent upon project approvai. <br />G. Opinions or Esiimates of Project Costs: Where incl�det� as part of project scope or otherwise, opinions or <br />estimates of pro�ect cost will generally be based apon p�blic construction cost information. Since Bo�ton & Menk Inc. <br />has no control over the cost of labc�r, �naterials, corr►petiti�e bidding process, weather conditions and other factors <br />affecting the cost of construcEion, a11 cosE estirnaEes are opinians for general information of the Client and Bolton & <br />Menk lnc. does not wa�rant or guarantee the accuracy of canstruction cost aginions or estimates. Project financing <br />should l�e based upon actua3, contracted construction costs with appropriate conEingencies <br />Page l of 2- Terms of ProposaI <br />