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ICIMI <br />B <br />Christopher B. Burke Engineering, LLC <br />General Terms and Conditions <br />Relationship Between Engineer and Client: Christopher B. Burke Engineering, LLC (Engineer) <br />shall serve as Client's professional engineer consultant in those phases of the Project to which <br />this Agreement applies. This relationship is that of a buyer and seller of professional services and <br />as such the Engineer is an independent contractor in the performance of this Agreement and it <br />is understood that the parties have not entered into any joint venture or partnership with the <br />other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in <br />this Agreement shall create a contractual relationship with a cause of action in favor of a third <br />party against either the Client or Engineer. <br />Furthermore, causes of action between the parties to this Agreement pertaining to acts of <br />failures to act shall be deemed to have accrued and the applicable statute of limitations shall <br />commence to run not later than the date of substantial completion. <br />2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in <br />accordance with generally accepted and currently recognized engineering practices and <br />principles, and in a manner consistent with that level of care and skill ordinarily exercised by <br />members of the profession currently practicing in the same locality under similar conditions. No <br />other representation, express or implied, and no warranty or guarantee is included or intended <br />in this Agreement, or in any report, opinion, document, or otherwise. <br />Notwithstanding anything to the contrary which may be contained in this Agreement or any <br />other material incorporated herein by reference, or in any Agreement between the Client and <br />any other party concerning the Project, the Engineer shall not have control or be in charge of <br />and shall not be responsible for the means, methods, techniques, sequences or procedures of <br />construction, or the safety, safety precautions or programs of the Client, the construction <br />contractor, other contractors or subcontractors performing any of the work or providing any of <br />the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the <br />Client, or for the failure of the Client, any architect, engineer, consultant, contractor or <br />subcontractor to carry out their respective responsibilities in accordance with the Project <br />documents, this Agreement or any other agreement concerning the Project. Any provision <br />which purports to amend this provision shall be without effect unless it contains a reference that <br />the content of this condition is expressly amended for the purposes described in such <br />amendment and is signed by the Engineer. <br />3. hC anaes: Client reserves the right by written change order or amendment to make changes in <br />requirements, amount of work, or engineering time schedule adjustments, and Engineer and <br />Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any <br />changes, if commercially possible. <br />4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of <br />Services Order), require Engineer to stop all, or any part, of the services required by this <br />Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms <br />and take all reasonable steps to minimize the costs associated with the services affected by such <br />order. Client, however, shall pay all costs incurred by the suspension, including all costs <br />Crooked Ewe Sidewalk Project September 6. 2013 <br />19A 130440.000W Page S <br />