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Proposal for Façade Consulting
<br />Orange County Public Library
<br />137 W. Margaret Lane
<br />Hillsborough, NC 27278
<br />BECS #20250754
<br />January 16, 2026
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<br />BECS is now a Lerch Bates Company
<br />Firm License Number: P-2493 WeAreBECS.com · LerchBates.com 7.6. Equipment survey will be limited to safely accessing operaƟng equipment and equipment areas.
<br />7.7. ConstrucƟon ObservaƟon:
<br />7.7.1. BECS shall visit the site at intervals appropriate to the state of construcƟon, or as otherwise agreed to in wriƟng by the
<br />Client and BECS, to observe the progress and quality of the Work completed by the Contractor. Such visits and observaƟons
<br />are not intended to be an exhausƟve check nor a detailed inspecƟon of the Contractor’s work but rather are to allow BECS
<br />to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in
<br />accordance with the Contract Documents. Based on this general observaƟon, BECS shall keep the Client informed about
<br />the progress of the Work and shall advise the Client about observed deficiencies in the Work.
<br />7.7.2. If the Client desires more extensive project observaƟon or full-Ɵme project representaƟon, the Client shall request that
<br />such services be provided by BECS as AddiƟonal Services in accordance with the terms of this Agreement.
<br />7.7.3. BECS shall not supervise, direct, nor have control over the Contractor’s work nor have any responsibility for construcƟon
<br />means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety
<br />precauƟons or programs in connecƟon with the Work. These rights and responsibiliƟes are solely those of the Contractor
<br />in accordance with the Contract Documents.
<br />7.8. Services Excluded: BECS has offered a scope of services which its judgment is needed and required for a successful project
<br />outcome. Such services are not offered on a phased or a-la-carte basis. In the event Client does not authorize all services offered,
<br />Client assumes full responsibility for interpretaƟon of the BECS deliverables.
<br />7.9. MaƩers Outside ParƟes’ Control: Client acknowledges that BECS, by undertaking this engagement, assumes no obligaƟon nor
<br />responsibility to Client or its employees, guests, customers, suppliers, or vendors, nor any other person whatsoever, for
<br />prevenƟon or miƟgaƟon of property damage, personal or bodily injury, loss detenƟon, or delay caused by accidents, strikes,
<br />lockouts, and any other cause including those resulƟng from force majeure.
<br />7.10. Schedule: BECS will perform its services as expediƟously as is consistent with professional care and diligence. BECS shall not be
<br />responsible nor liable for any loss, damage, detenƟon, or delay caused by accidents, strikes, lockouts, or by any other cause
<br />which is unavoidable or beyond BECS’s control, to include any event for consequenƟal damages of any kind or nature.
<br />7.11. ConsequenƟal Damages: Notwithstanding any other part of this Agreement, and to the fullest extent permiƩed by law, neither
<br />the Client nor BECS, their respecƟve employees, agents, or subconsultants, shall be liable to the other Party for any incidental,
<br />indirect, or consequenƟal damages arising out of or connected in any way to the Project or this Agreement. This mutual waiver
<br />of consequenƟal damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of
<br />reputaƟon, and any other consequenƟal damages that either party may have incurred, whether caused by negligence, breach of
<br />contract, express or implied warranty, or any other theory.
<br />7.12. Use of Equipment: BECS shall have no responsibility for property damage or personal or bodily injury occurring while in, on, or
<br />about the equipment which is the subject of this agreement, or for the consequences of such damage or injury.
<br />7.13. Code Opinions: Client acknowledges that BECS’s recommendaƟons, interpretaƟons, opinions, and conclusions regarding
<br />requirements of applicable codes, ordinances, laws, and regulaƟons shall be based on the current versions of said authoriƟes as
<br />they exist at the Ɵme of the site review and may not reflect versions exisƟng before or aŌer the date of the review.
<br />7.14. Maintenance: Client also acknowledges that prevenƟve maintenance is required on all mechanical and electrical systems to
<br />assure safe, proper, and consistent operaƟon of the equipment, and that as between Client and BECS said prevenƟve
<br />maintenance is Client’s sole responsibility.
<br />7.15. Client InformaƟon: Client is responsible for providing, at its expense, to BECS such informaƟon as may be necessary to facilitate
<br />BECS’s services herein; BECS shall be enƟtled to rely on all Client-supplied informaƟon being current, complete, and accurate
<br />regardless of the original source.
<br />7.16. Corporate ProtecƟon: It is intended by the parƟes to this Agreement that BECS’s services in connecƟon with the Project shall
<br />not subject BECS’s individual employees, officers, or directors to any personal legal exposure for the risks associated with this
<br />Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole
<br />and exclusive remedy, any claim demand or suit shall be directed and/or asserted only against BECS, a Colorado corporaƟon, and
<br />not against any of BECS’s individual employees, officers, or directors.
<br />7.17. LimitaƟon of Liability and Indemnity:
<br />7.17.1. In recogniƟon of the relaƟve risks and benefits of the Project to both the Client and BECS, the risks have been allocated
<br />such that the Client agrees to limit the liability of BECS and its employees to the Client for any and all claims, losses, costs
<br />and damages of any nature whatsoever arising from BECS’s work on the Project, including but not limited to addiƟonal
<br />services not referred to in the parƟes’ contract, so that the total aggregate liability of BECS and its employees to the Client
<br />shall not exceed BECS’s total fees for work on the Project or $50,000.00, whichever is greater. It is intended that this
<br />limitaƟon shall apply to any and all liability or cause of acƟon however alleged or arising, unless otherwise prohibited by
<br />law.
<br />7.17.2. BECS shall not be liable for Client’s employees or agents who accompany BECS while in or on Client’s property. Client agrees
<br />to indemnify and hold harmless BECS, its employees, officers, directors, subsidiaries and consultants from and against any
<br />Docusign Envelope ID: 48513E52-49F8-4485-A0EA-CA6398A3A6E9
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