7B, Motion to enter into an agreement with Bolton and Menk for erosion correction of Old City Hall

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Greg Hoag June 10, 2009 Page 3 Terms of Proposal Bolton & Menk, Inc. The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and conditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. Such changes may require an adjustment in the proposed fee, schedule or scope of the Proposal. A. Services: Bolton & Menk Inc. proposes to perform the services outlined in the Proposal for the stated fee arrangement. Changes required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedule of services described in the Proposal shall be considered "Additional Services" and will be invoiced on an hourly basis in addition to the stated fee arrangement. B. Information from Client: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with all site information necessary to complete the proposed services. This information should include current site property descriptions (from abstract, title opinion or title commitment); other legal documents affecting the site; copies of previous surveys, maps, engineering studies and plans; existing or required soils and geotechnical reports; governmental, regulatory and utility reviews and determinations; and all other pertinent information. Client shall promptly inform Bolton & Menk Inc. of any alleged defects in services provided or the project. C. Access to Site: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with access to the site, including adjoining properties, for activities necessary for the performance of services. It is understood that in the normal course of work, property damage may occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correct resulting damages has not been included in the fee. Bolton & Menk Inc. will take precautions to minimize damage due to these activities and the Client agrees to reimburse Bolton & Menk Inc. for any costs associated with required restoration work. D. Standard of Care: Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of Bolton & Menk Inc.' s profession currently practicing under similar conditions. Bolton & Menk Inc. makes no expressed or implied warranty with respect to its undertakings described herein. E. Certifications: Any certification provided by Bolton & Menk Inc. is a professional opinion based upon knowledge, information and beliefs available to Bolton & Menk Inc. at the time of certification. Such certifications are not intended as and shall not be construed as a guarantee or warranty. Bolton & Menk Inc. shall not be required to certify the existence of conditions whose existence Bolton & Menk Inc. cannot reasonably ascertain. F Project Approvals: Due to site limitations, code interpretations, regulatory reviews, political considerations and Client directed design and improvements, Bolton & Menk Inc. makes no representations as to acceptability or approvability of the project; or, zoning requests, permit applications, site and development plans, plats and similar documents. Payment of fees to Bolton & Menk Inc. is not contingent upon project approval. G. Opinions or Estimates of Project Costs: Where included as part of project scope or otherwise, opinions or estimates of project cost will generally be based upon public construction cost information. Since Bolton & Menk Inc. has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all 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 or estimates. Project financing should be based upon actual, contracted construction costs with appropriate contingencies