2022-124-E-AMS-MBP Carolinas-PNW Emergency Services Retro commissioning of mechanical and building systems

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Angel Barnes February 27, 2022 Page 4 MBP 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com written work product provided by MBP, including but not limited to any report, opinion, or document. Although MBP shall document any defects or deficiencies in the work performed of which it becomes aware, as a result of the inherent limitations of any site observations, MBP cannot warrant or guarantee that all non-compliant conditions will be detected or corrected. As it is not in the best interest of the Owner that the presence or duties of MBP personnel at the Project site or otherwise should relieve the Contractor or design team of their obligations and responsibilities to the Owner, it is understood that: MBP shall not supervise, direct or have control over any Contractor work; the Contractor remains responsible for compliance with the Project plans and specifications, construction means, methods, techniques, and sequences, including but not limited to any required health and safety procedures (except that MBP shall be responsible for the safety of its own employees). MBP is not acting in any respect as the Project’s designer of record and assumes no design liability for any part of the Project, regardless of whether any assistance, recommendations, or comments provided by MBP to the Client, Owner or design team are utilized. Inasmuch as it is not in the best interest of the Owner that that MBP’s services should relieve the design team of its obligations and responsibilities to the Owner, it is understood that the designer of record shall be and remain solely responsible for such all design documents notwithstanding any Services provided by MBP under this agreement relating to the development or review of design documents, including but not limited to scopes of work, plans and specifications, requests for proposals, or any other terms and conditions contained therein. To the extent that MBP may be required to review contractor submittals (e.g., shop drawings, product data, or samples), such a review will be for the limited purpose of checking for general conformance with the design concept expressed in the Contract (or Design) Documents and not, for example, for the purpose of determining the accuracy or completeness of other details or information such as dimensions and quantities; substantiating instructions for installation or performance of equipment or systems; or approving any construction means, methods, techniques, sequences, procedures or safety plans, procedures, or precautions, all of which remains the sole and ultimate responsibility of the construction contractor. As it is not in the best interests of the Owner that MBP’s review of any submittal shall relieve the construction contractor from responsibility for any errors or omissions in such submittals, nor from responsibility from strict compliance with all of the requirements of the Contract Documents, any such reviews shall not be deemed to approve or authorize changes, deviations, or substitutions from the requirements of the Contract Documents unless variations are specifically noted, highlighted and described in the submittal and expressly approved by the Owner or its authorized representative (e.g. the designer of record). This Proposal is valid through March 31, 2022 but is subject to change thereafter and assumes that the project will be completed on or before July 31, 2022. DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030