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<br />ST AA'DARD TERMS M'D CONDmONS - TOWER ANALYSES
<br />Ehresmann Engineering, Inc. ' 4400 W. 31st Street- Yankton, SO 57078
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<br />Engineering consuttltions and tower analyses provided by D1resmann
<br />Engineering Inc. (hereinafter called [[I) are subject to the following terms and
<br />conditions ~ith respeclto responsibilities of all parties (EEl, CUENT, and lor
<br />tower OWNER). Professional Engineering services performed by EEl, as
<br />represented by EEl report, include analysis of the tower(s) in accordance with
<br />applicable codes, EIA, AHSJ, UBC, considering the Iatelt rwisions, or as
<br />indicated on the report, and compilation of a report baled on the results of engi.
<br />neering analysis specifying areas at concern with recommendations to correct,
<br />modify or repair any discrepancieS found at the silE. Nate: II tower has never
<br />been ~odffied or no antennas added/removed, gMming clldes will have been
<br />those which were applicable at the time of tower erectiOll unless otherwise
<br />requestEd by CliENT IOWNER; Modffied or newly designed 1Dwefs are analyzed
<br />m current codes..
<br />
<br />"Prior to tower analysis, CUENT/OWNER will make available to EEl all known
<br />inrormation regarding existing and propoled requirements which affect the work
<br />to be performed. Inrormation will include, but not be limite:lto specifications,
<br />contracts, recommendatillll$, plans. change orders, phoIDgraplls, soilleSl reports
<br />and recommendations. local codes, ell:_
<br />
<br />Specific inrormation required for tDWer structural analysis shill include the'
<br />IDwer location (state and ~); \DWef model, heigIIl. and orientation on IDIIIer
<br />sitE; as-bum drawings; \DWef Jeg, diagonal. and girt size with type and grade of
<br />steel, and quantity Isizli 01 bolls; aCGuralf anlfnna loading (show configuriltion
<br />on IDwer azimulh of micrvwm dishes, eII:.); soli analysis; location, sizli and
<br />grade of 'all guy strand; JocatioII a~ sizes ~.feed lines, platforms,. ladders and
<br />other appurtenance; location and sue of stablluers: guy anchor ridil; IDIIIer -
<br />type (piwt or fued); and IouiIdIllion des9I for luwer and anchors. '
<br />
<br />WENT will immediately transmit to EEl any new inrormation which becomes
<br />available 111 it 01 its subcontraclDrs, so that RCOI1IJ1leIIded actions, designs and
<br />drawings can be reviewed and new recommendations by EEl made, II needed.
<br />WENT will provide i representative to answer questions about the project when
<br />required by EEl upon 24 IlOIns notiCe. II possible.
<br />
<br />If CliENT IOWNER is unable or unwilling to provide the inrormation specllied
<br />abM, EEl will, upon written request of the Q.IENT lOWlIER, perform or cause
<br />to be performed an on.siIe inspection of 1lIe tower to obtain the necessary
<br />intonnation.
<br />
<br />CliENT IOWNER accepts that lacIl 01 any information outlined above shall
<br />tause the \owIr to be ana!yzed or advice provided bned on certain
<br />mumptian such as nonnal soil conditions, malllllaclum's lpecititlllons,
<br />and pmIessional envineerinll ~ and judgment.
<br />
<br />Written analysis provided by EEl represents conditions as furnished above. EEl
<br />a$lllmes no liability for any lactual changes that may Dean aflfr the da1! 01 the
<br />report. All representationS. recommendations and conclusions of said report
<br />were based upon the information contained and set forth in the report.
<br />
<br />'!be ,.,n is prepmd on the;asSU.lI!ption t1111 ,~ ton' and tow.-
<br />components, includino all modiliclliDnl or additions, were property
<br />desipd, detailed, tabricated, meted, and maintained tllroughoul tile lite
<br />
<br />01 the \owIr.
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<br />The report assumes also that the tower members and hardware are in plate and
<br />in good condition; bolts are properly tightened; weep holes on lube and pipe
<br />members are open; tower is in plumb condition with proper guy tension; and all
<br />members are galvanized or fl1le of corrosion.
<br />EEl assumes no liability for any damage or failure of the tower or any tower
<br />component ff such lailun! was due to inadequKies in ellQineerinv desilJll
<br />det.iling, f.britating, erecting, materials. or maintenance. .
<br />
<br />Recommended modifications outline the scope of work only and are not intended
<br />to imply sequence of work or construction procedures. PeIsons perfunning
<br />modification work will use safe and acceptable industJy practices to effect
<br />modifications, and will be responsible for compliance willi all tedera~ state, and
<br />local ,safely codes..
<br />
<br />EEl will not be liable for any incorrect advice, jldgment, or decisioa based on
<br />any inaccura1E infonnation furnished by CUENT. and CUOO will indemnify EEl
<br />against all liability arising out of or contributed to bJ SlIdl information.
<br />
<br />If CliENT lOWlIER becomes aware 01 any information which Is contrary III 1IIat
<br />contained in the report; 01 ff CLIENT IOWHER becomes aware of any defects
<br />arising from the original design, material, fabrication, and erection deliAs,
<br />, CUENT IOWNER shall disregalll said report and immediately notify EEl. .
<br />
<br />Often EEl is retained to provide partial engineering services for a project and b
<br />not liable ,for portions 01 the project EEl is not retailled III provide services for,
<br />Please reIeI 111 EEl's project consuttlnt proposal-agreemenl-corrlral:l wilIl1lll
<br />WENT for SCOII! of ..n.
<br />
<br />EEl's liability to CliENT and all contraclDrs and SIIbcontriIclDrs on the project
<br />for damages due to proressional negligence, or breacll of any other obligation tI
<br />WENT or othelS, will be limited to tile ilIIIOUIIl of EE1's lee receiverJ on 11II
<br />project unless other specifIC arrangements are made in writing. II the MIl
<br />CUENT does not wish to limit EEl's amount of liabllib' on the project, EEl wil
<br />consider waiving this limitation on written notice from CUOO receiverJ wilIlIl
<br />10 days after an agreement is tully eJecutEd' 01 before EEI's work CIII tile pnIjec
<br />begins, whichever is earlier. The CUENT may request the size of insuranc
<br />policy limits and time period 01 coverage, and WOO win paJ aclditiona
<br />consideration equal to EEl's IDtII insurance premium fie (when a policy i
<br />arranged willi an insurance carrier) plus 25% aa a cbaJge fIIr a Waiver I
<br />Umitation on liabili\Y. This 25% charoe is a charve fIIr insurance and a
<br />increase in consideration for the greater risk involvl!d where work is peilorme
<br />willi no limitation oIliabili\Y.
<br />
<br />CliENT will notify the OWHER and al1)' conbaCtDr or subcontractDI who perfornI
<br />work, in connection wilIl any work done by EEl of file limitation of liabilib' tor ..
<br />sign defects, enulS, omissions or professional negligence, and III requile aa
<br />condJlion precedent m their perfunning their WDIk, I like~' .
<br />limitation Of Jiabili\Y on tllreepart as againSt EEl. In 1he MIll the i
<br />to obtain a like Iimitrtion, CUENT will indemnify EEl lor any liablli\Y i
<br />pq.
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