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Terms of Proposal
<br />Bolton & Menk, Inc.
<br />The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and con-
<br />ditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the accompany-
<br />ing Proposal as if stated directly therein. No change or deviation from these Terms will be binding without
<br />the written approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed
<br />fee, schedule, or scope of Proposal.
<br />A. Services: BMI proposes to perform the services out-
<br />lined in the Proposal for the stated fee arrangement.
<br />Changes required by the Client or other controlling entities
<br />(regulatory agencies, contractors, courts, etc.) from the
<br />scope or schedule of services described in the Proposal are
<br />"Additional Services" and will be invoiced on an hourly ba-
<br />sis in addition to the stated fee arrangement.
<br />B. Information from Client: Unless otherwise stated, Cli-
<br />ent agrees to provide BMI with all site information neces-
<br />sary to complete the proposed services. This information
<br />should include current site property descriptions (from ab-
<br />stract, title opinion or title commitment); other legal docu-
<br />ments affecting the site; copies of previous surveys, maps,
<br />utility locates, engineering studies and plans; existing or re-
<br />quired soils and geotechnical reports; governmental, regu-
<br />latory and utility reviews and determinations; and all other
<br />pertinent information. BMI may rely on accuracy of Client
<br />provided information. Client shall promptly inform BMI of
<br />any alleged defects in the services.
<br />C. Access to Site: Unless otherwise stated, Client agrees
<br />to provide BMI with access to the site, including adjoining
<br />properties, for activities necessary for the performance of
<br />services. It is understood that in the normal course of
<br />work, unavoidable property damage may occur due to ex-
<br />cavations, tree and brush trimming, marking lines, etc. BMI
<br />will take reasonable precautions to minimize damage due
<br />to its activities. The cost to correct resulting damage has
<br />not been included in the fee and the Client agrees to reim-
<br />burse BMI for any costs associated with required restora-
<br />tion work.
<br />D. Standard of Care: Professional services provided un-
<br />der this Agreement will be conducted in a manner con-
<br />sistent with that level of care and skill ordinarily exercised
<br />by members of BMI's profession currently practicing under
<br />similar conditions. BMI makes no warranties, expressed
<br />or implied, or otherwise with respect to any services per-
<br />formed or furnished.
<br />E. Certifications: Any certification provided by BMI is a
<br />professional opinion based upon knowledge, information,
<br />and beliefs available to BMI at the time of certification.
<br />Such certifications are not intended as and shall not be con-
<br />strued as a guarantee or warranty. BMI shall not be re-
<br />quired to certify the existence of conditions whose exist-
<br />ence BMI cannot reasonably ascertain.
<br />F. Utilities: Unless otherwise explicitly stated in the
<br />proposal, if utility surveys are included in scope of services,
<br />utilities will be located from available utility records, utility
<br />company locates and surface evidence of underground im-
<br />provements. Some subsurface improvements may not be
<br />disclosed by such methods and Client assumes responsibil-
<br />ity for exploratory excavations and other work to assure
<br />utility locations. BMI assumes no liability for matters aris-
<br />ing from subsurface utilities that vary from locations de-
<br />picted on previous plans or locates provided by Client or
<br />utility companies.
<br />G. Proiect Approval: Due to site limitations, code inter-
<br />pretation, regulatory reviews, political considerations, and
<br />Client directed design and improvements; BMI makes no
<br />representations as to acceptability or approvability of the
<br />project, or, zoning requests, permit applications, site and
<br />development plans, plats and similar documents. Client's
<br />obligation for payment of fees owed BMI is not contingent
<br />upon project approval.
<br />H. Opinions or Estimates of Proiect Costs: Where in-
<br />cluded as part of project scope or otherwise, opinions or
<br />estimates of project cost will generally be based upon pub-
<br />lic construction cost information. Since BMI has no control
<br />over the cost of labor, materials, competitive bidding pro-
<br />cess, weather conditions and other factors affecting the
<br />cost of construction, all cost estimates are opinions for gen-
<br />eral information of the Client and BMI does not warrant or
<br />guarantee the accuracy of construction cost opinions or es-
<br />timates. Project financing should be based upon actual,
<br />contracted construction costs with appropriate contingen-
<br />cies.
<br />I. Construction Phase Services: Client is notified that
<br />BMI shall not be responsible for means, methods, tech-
<br />niques, sequences, or procedures of construction selected
<br />by any contractor employed on the project nor for the
<br />safety precautions or programs incident to the work of any
<br />contractor.
<br />J. Ownership and Alteration of Documents: All docu-
<br />ments, including reports, drawings, field data, notes, plans,
<br />specifications and documents or electronic media pre-
<br />pared or furnished by BMI under this agreement remain
<br />the property of BMI. Upon payment of all amounts owed,
<br />the Client is granted a limited license to BMI's submittals
<br />for Client's reasonable use and to make and retain copies
<br />for such use. However, BMI's submittals are not intended
<br />for reuse by the Client or third parties on other projects or
<br />alteration by others without the written consent of BMI.
<br />Terms of Proposal —Limited General Scope MN Page 1 of 2 03 April 2024
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