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Ms. Angel Barnes
<br /> January 23, 2023
<br />Page 5 of 6
<br />MBP
<br />4700 Falls of Neuse Road, Suite 370 | Raleigh, North Carolina 27609 | 919-875-0124 - Local | www.mbpce.com
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<br />ADDITIONAL SERVICES
<br />If requested by the Client, MBP can provide additional services as the parties may hereafter mutually
<br />agree by a written modification.
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<br />The standard of care applicable to MBP’s performance will be the degree of skill and care ordinarily used
<br />by members of MBP’s profession performing the same or similar services under similar circumstances at
<br />the same time and in the same locality. No other representation expressed or implied, and no warranty
<br />or guarantee is included or intended in this Proposal, or in any oral or written work product provided by
<br />MBP, including but not limited to any report, opinion, or document.
<br />Although MBP will document any defects or deficiencies in the work being performed of which it
<br />becomes aware, as a result of the inherent limitations of any site observations, MBP cannot warrant or
<br />guarantee that all non-compliant conditions will be detected or corrected. As it is not in the best interest
<br />of the Owner that the presence or duties of MBP personnel at the Project site or otherwise should
<br />relieve the Contractor or design team of their obligations and responsibilities to the Owner, it is
<br />understood that: MBP will not supervise, direct or have control over any Contractor work; the Contractor
<br />remains responsible for compliance with the Project plans and specifications, construction means,
<br />methods, techniques, and sequences, including but not limited to any required health and safety
<br />procedures (except that MBP will be responsible for the safety of its own employees).
<br />Any requirement for our attending additional meetings, making additional site visits, witnessing
<br />equipment re-testing, or otherwise spending time on-site inconsistent with the assumptions made in
<br />this Proposal for any reason including, but not limited to, requirements to be at meetings or on-site
<br />beyond the number of day(s) and hours specified herein because of unsatisfactory work or work that is
<br />incorrectly reported to be complete by the Client, the Contractor, or the design team will be considered
<br />additional services for which MBP will be entitled to an equitable adjustment to the contract price (fee)
<br />and time in accordance with our normal and customary billable rates.
<br />MBP is not acting in any respect as the Project’s designer of record and assumes no design liability for
<br />any part of the Project, regardless of whether any assistance, recommendations, or comments provided
<br />by MBP to the Client, Owner or design team are utilized. Inasmuch as it is not in the best interest of the
<br />Owner that that MBP’s services should relieve the design team of its obligations and responsibilities to
<br />the Owner, it is understood that the designer of record will be and remain solely responsible for such all
<br />design documents notwithstanding any Services provided by MBP under this agreement relating to the
<br />development or review of design documents, including but not limited to scopes of work, plans and
<br />specifications, requests for proposals, or any other terms and conditions contained therein.
<br />To the extent that MBP may be required to review contractor submittals (e.g., shop drawings, product
<br />data, or samples), such a review will be for the limited purpose of checking for general conformance
<br />with the design concept expressed in the Contract (or Design) Documents and not, for example, for the
<br />purpose of determining the accuracy or completeness of other details or information such as
<br />dimensions and quantities; substantiating instructions for installation or performance of equipment or
<br />systems; or approving any construction means, methods, techniques, sequences, procedures or safety
<br />plans, procedures, or precautions, all of which remains the sole and ultimate responsibility of the
<br />DocuSign Envelope ID: 8ACCEDA1-F3A1-4FA9-AD3D-88B64E63B0A7
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