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<br />.. <br /> <br />STANDARD TERMS AND CONDmONS - TOWER ANALYSES <br />Ehresmann Engineering, Inc. - 4400 W. 31st Street- Yankton, SO 57078 <br /> <br />. <br /> <br />Engineering consultations and rower analyses provided by Du~smann <br />Engineering, Inc. (hereinafter ca lied EEl) are subject to the following terms and <br />conditions with respect ro responsibilities of all parties (EEl, CLIENT, and/or <br />tower OWNER). Professional Engineering $erYices performed by EEl, as <br />represenmd by EEl report, include analysis of the tower(s) in accordance with <br />applicable codes, EIA. ANSI, UBC, considering the latest revisions, or as <br />indicated on the report, and compilation of a report based on the results of engi. <br />neering analysis specifying areas of com:em with recommendations to correct, <br />modify, or repair any discrepancies found at the site. NaIe: "tower has never <br />been modffied or no antennas added/remOVEd, governing codes will have been <br />those which were applitable at the time of tower erection unless otherwise <br />requestell by CliENT/OWNER; Modffied or newly designed towers are analyzed <br />to current codes. <br /> <br />Prior to tower analysis, CUENT /OWNER will make available to EEl all known <br />inturmation regarding existing and proposed requirements whith affect the work <br />to be performed. Information will include, but nat be limited to specffications, <br />contracts. recommendations, plans, change orders, photographs, $Oil1est reports <br />and recommendationS, local codes, ell:.- <br /> <br />SpecifIC information required for \DWef stnJctural analysis shall indude 1be <br />tower 1ocati0ll (stale and coun1J); \DWef model, height, and orienlatiOll on '-' <br />site; as-bum drawings; tower leg, diagonal, and girt size with IYpe and grade of <br />Mf!A and quantity/size 01 bolts; accurate antenna loading (show configuration <br />.. .r, azimuth of microwave dishes, etc.); $Oil analysis; location, size and <br />grade of all guy strand; location and sizes of feed lines, plallorms. ladders and <br />other appurterlance; location and size of stabilizers; guy anellor radii; tower base <br />type (piwl or fixed); and foundation desi91 for tower and anchors. ' <br /> <br />CliENT will immediately transmU to EEl any new information which becomes <br />availablt to it 01 its subcOntractJllS, so lhat recommended actions, designs and <br />drawings can be revitMed and new recommendations by EEl made, if needed. <br />CLIENT will provide a representative to answer questions about 1be project when <br />required by EEl upon 24 houB notice. if possible. <br /> <br />If CLIENT/OWNER is unable or unwilling to provide the information specified <br />above, EEl will, upon wrillen req~ of the CliENT/OWNER, perform or cause <br />to be performed an on.site inspectiOll 01 1be tower to obtain the necessary <br />information. <br /> <br />ClIENT/OWNER accepts that IICll 01 any information outlined above shall <br />cause the to_ to be ana!y1ed or advice providecl based on certain <br />assumption Iud! as narmalsoll ~itilllll, manuflClurw'1 specifications, <br />and prolesliOllllI envi.-i1lQ upenenc:e .nd judgment. <br /> <br />Written analysis provided by EEl represents conditiOllS as furnished above. EEl <br />assumes no liability lor any tac1lial changes that may occur alIer the dam of the <br />report. All represefrtations. recommendations and conclusions of said report <br />were based upon the information containlld and set turth in the report. <br /> <br /> <br />.~,iai~:: .~ :=o:r ~~d:'~ an:n::: <br />designed, detailed, fabriuled, erected, and maintained throughoullhe life <br />01 the tower. <br /> <br />The report assumes also that the tower members and hardware are in place and <br />ill good condition; bolts are properly tightened; weep holes on tube and pipe <br />members are open; tower is in plumb condition with proper guy tension; and all <br />membeB are galvanized or free of corrosion. <br />EEl assumes no liability tOl any damage or failuR of the tower or any tower <br />componentll sud1 failure was due to inadequacies in envi~ng design <br />detailing, fabricating, 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. Persons performing <br />modification work will use safe and acceptable industry practices to eIfecI <br />modifications, and will be responsible for compliance with all fedenl~ stale, and <br />local safely codes. ' <br /> <br />EEl will nOl be liable for any incorrect advice, judgment, or decision based on <br />any inaccurate information furnished by WENT, and CUENT will indemnify EEl <br />against all liability arising out of or c:ontribulI!IIlIl by such information. <br /> <br />, If CLIENT/OWNER becomes aware of any information which is contrary III lIlat <br />contained in the report; or if CLIENT/OWNER becomes aware of any detects <br />arising from the original design, materia~ fabrication, and erection deficiencies, <br />, CUENT/OWNER shall disregard said report and immediately notify EEl. <br /> <br />0IIl1n EEl is retained to provide partial engineering services for a project and is <br />not liable for portions of the project EEl is not retained III provide services for. <br />Please refeI III EEl's project consultant proposal-llllreement-allllract with the <br />CUENT for scope at work. <br /> <br />EEl's liability to CliENT and all COntraclDB and subconlIacIDrs on the project, <br />for damages due III professional negligence, or breach 01 any ather obligation lD <br />CUENT or others, will be IimilEd to the amount 01 EE1's fee receMld on the <br />project unless other specific arrangements are made in writing. III the MIlt <br />CLIENT does not wish to limit EEl's amount oIliabllitr on the project. EEl will <br />consider waiving this limitation on written notice fnlm CUENT receMld within <br />10 days after an agreement is fully I!lecutedor before EE1's work anlbe project <br />begins, whichever is earlier. The CLIENT may request the size 01 insurance <br />policy limits and time period 01 coverage, and CUENT will pay additional <br />consideration equal III EEl's lOlal insurance premium fee (when a policy is <br />arranged with an insurance carrier) plus 25% as a cbarve for a WaMr 01 <br />limitation on liability. This 25% ebarve is a cbarve for insurance and an <br />increase in consideration for the greater risk involwd where worll is .... klldleCl <br />with no limitation oIliabilitr. <br /> <br />a.IENT will notify the OWNER and any contractor or subcontracIDr who perfonnl <br />work in connection with any work done by EEl 01 the limitation 01 liability tor de, <br />sign defecIs. errors, omissions or professional negligence, and to require as I <br />condition precedent to their performing their IlOlk, a like .lCIelnni9 ... <br />limiiation of liability on three part as against EEl. In 1he Mnlthe a.IENT fait <br />III obtain a like Iimitalion, CUENT will indemnify EEl for any liabililr \II any thin <br />parlJ . <br />