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<br /> , <br /> (~(S~ .. .. ~ <br /> STANDARD TERMS AND CONDITIONS - TOWER ANALYSES <br /> Ehresmann Engineering, Inc. . RR5 Box 3808 - Yan klan, SD 57078 <br /> :~gi"eering consultations and lower analyses provided by Ehresmann Engi. The report assumes also that the lower members and hard'/.'are are ,'. <br /> ,eering, Inc. (harajna~ar called EEl) ara subiect to tha following terms and and in good condition; bolls are properly lightened; weeD holes on t'J~.. <br /> ondilion, with respect to resoonsibilitie, of all parti" (EEl. CLIENT, pipe membart are aaen; la'.....r il in plumb condition with proper OJ): <br /> ,ld/or tower OWNER). Professional Engineering serlices performed by sian; and ail members are galvaniled or free or ccrrosicn. EEl assu~oc <br /> :1. as represented by EEl reo art, include analysis of the tower (s) in accor. liabilily for any damage or failure 01 the tower or any lo',o;er Camp,,,: <br /> Jnce with applicable codes, EIA. ANSI, USC. conside!lng Ihe lalest revl. such fadur8 was due to inadequanc:2s in engineerinG design, detailir:"' : <br /> , .~, <br /> Jns, or as indicated on Ihe report, and compilation of a report based on the rieating, erecting, malerials, or maintenance. <br /> ;ults of Engineering analysis specirjing areas of concern wilh reCDmmen. <br /> ,tlOns to correct, modily, or repair any discrepancies found at the site. Recommended modifications outlir.e the scope of 'Nork only and are :.c <br /> He: If tower has ne'ler been modified or no anlennas added/removed, tended to imply sequence 01 work cr construction procedure.s. Pe[sal~s: <br /> .verning cedes will have been Ihose which were applicable at the lime of forming madiRcation work will use sale and acceDlable induSlrj prac:'coc <br /> ,ver erecllan unless otherwise requesled by CLIENT /OWNER; Modified or effect modifications, and will be responsible far compliance with all fe,,,. <br /> 'Illy designed towers are analyzed to currenl codes. slate. and local safety codes. <br /> ,or to tower analysis, CLIENT/OWNER will make available to EEl all EEl will nol be liable to any incorrect advice, judgment, or decision bas,., <br /> Y,vn inlormation regarding ellSting and proposed requirements which af. any inaccurate information furnished by CLIENT. and CLIENT will indeccc <br /> , Ice work 10 be performed. Informalion will include, but not be I imited to EEl agai ns I all Ii abi Ii ty aris ing out 0 i or contri buted to by such in formatio, <br /> ,cllications, contracts. recommendalions, plans. change orders. pholo. <br /> 'ohs. soil tesl reports and recommendations, local codes. elc. If CLIENT/OWNER becomes a\'{Jre of any information which is contrar] . <br /> Ihal contained in Ihe report; or if CLIENT /OWNER becomes aware of an) c' <br /> eGilic Information required far tower structural analYSIS shall include the fects arising from Ihe oriGinal design, material, fabrication, and erection c <br /> er localion (state and county); tower model, heighl. and orientation on ficiencies, CLIENT /OWNER shall disregard said report and immediatel} r: <br /> ,er site; as.bullt drawings; tower leg, diagonal and girt size wilh rjpe and lily EEl. <br /> de of steel, and quantity/size 01 balls, accurate antenna loading (show <br /> figuralion on lower, azimuth of micrOwave dishes, etc.) sail analysis, 10. Often EEl is retained to provide partial engineering serlices for a project. <br /> on, size and Grade of all guy strand, location and sizes of feed lines. plat. is .101 liable for portions of Ihe project EElls .101 retained 10 provide serv, <br /> 1S, ladders and alher appurtenances, location and SIZe of stabilizers, for. Please reler to EEI'~ project consultant propolal'3Greement.conrr3c <br /> anchor radii, tower base type (pivot or filed), and foundation design for wilh Ihe CLIENT for scope of work. <br /> ::r and anchors. <br /> EEl's liabilirj to CLIENT and all conlractors and subcontractors on the pr' <br /> :NT will immediately lransmillo EEl any new information which be. ject, for damages due to professional negligence, or breach of any olher obi: <br /> es available to it or its subcontrJctcrs, so that recommended actions, gatian to CLIENT or others, will be limited to the amounl of EEl's fee recm2: <br /> :;ns, and drawings can be reviewed and new recommendations by EEl on Ihe project unies> other specific Jrrangemenls are made in wriling. In L:' <br /> e, if needed. CLIENT will prOVide a representative 10 answer questions event CLIENT does not \\;sh to limil EEI's amount olliabilily on the projeC'_ <br /> jtlhe project when required by EEl upon 14 hours nOlice, if possible, EEl will consider waiving this limilalion on wri~en notice from CLIENT r2 <br /> ceived wilhin 10 days a~er an agreement is fully eleCtJted or before EEi., <br /> lENT /OWNER is unable or unwilling to provide the iniormation speci. work on the project begins, whichever is earlier, The CLIENT may reque:' <br /> lbo'ie, EEl will, upon wri~en reque;t of the CLIENT faWNER, perform or Ihe size 01 insurance policy limils and time period of coverage, and ClIE,'11 <br /> e to be performed an on-site inspection of the tower to obtJin the neces- will pay additional consideration equallo EEl's total insurance premium lee <br /> Information. (when a poiicy is arranged wilh an insurance carrier) plus 15% as J char~.' <br /> for a Waiver of Limilation on Liability. This 25% charge is a charge far ie. <br /> ,'IT /OWNER accepts that lack of any inlormation outlined above shall surance and an increase in consideration for the greater risk involved wn:::: <br /> e Ihelower to be anaiyzed or ad'/ice provided based on certain assump. work is performed wilh no limilation o/Iiability, <br /> such Js normal soil conditions, manufacturers' specifiCJtions, Jnd <br /> :50510nJI engineering elperience and judgment. CLIENT will nolirj Ihe OWNER and any ccntractor or subcontractor who per. <br /> forms work in connection with any W\lrk done by EEl 01 the limilation of I,. <br /> =;11 anJlysis provided by EEl represents conditions as furnished Llbo'/e. abilily for design deiects, errors, omissions or professional negligence, ,'J <br /> jsumes no liabiiit)'for any factual changes that rnJy oeWf after the date to require as a condition precedent to tiieir performing their work, J like In. <br /> 2 report. All repr2sentJtions, recomrnendJtroliS, Jnd conclUSIOns of demnirj and limitation oi liability on the" part as against EEL In Ihe e'le. <br /> ;2pc,1s were bJsed upon the informJtlon contJII12d Jl1d s~t forth in the Ihe CLIENT fails 10 oblain a like limitation, CLIENT will indemnlfj EEl for 3 <br /> !. liabilil)' to any Ihird partj <br /> reoc:t is prepJred on the Jssumption thJt the tower Jild tower <br /> '2nents including JII rnodificJtions or Jdditions. were properly de. <br /> J. detJiieG. ;fJorJcJtcd. >;recte,t Jnd mJlf:t."irr12d throuQh,Jut the life of <br /> ,..,- <br />