MAINTENANCE CONTRACT SAMPLE

P O BOX 167Princeton, KY 42445

(270) 365-1210FAX (270) 365-9667

The Professional’s Introduction

to

Storage Tank Maintenance

with

Annual Inspection Option

October 6, 2003

Presented to:

Mr/Ms.________

NAME OF COMPANY

P O Box XXXXAnyCity, Any State

USA

TOTAL TANK CARE ANNUAL PROGRAM

The Total Advantages Package Economical Advantage

Defined Budget Appropriation

Removal of Guesswork

Reduced Overhead Costs

Emergency Response Team

Reduced Responsibility

Compliance Assurance

Monitored Sanitation Compliance

PM Program Enhancement

Annual Inspection Assurance

Consistent Mechanical Maintenance

Monitored Structural Integrity

Vandalism Protection

Terrorist Protection

Consistent Cosmetic Appearance

Community Asset

Custom Designed Maintenance Options

(Tailored specifically for the Customer)

Preventative Maintenance

Interior and Exterior Repairs

Interior and Exterior Coating Systems

Structural Integrity

Emergency Service

AWWA/NFPA/OSHA Compliance

Sanitation Compliance

Vandalism/Terrorism Protection

Maintenance of Logo

MAINTENANCE CONTRACT AGREEMENTContract No. MC2004-0

This agreement entered into by and between (Name of Co) located at , hereinafter known as “Owner” and Superior Tank Company, Inc. of P. O. Box 167, Princeton, KY 42445 hereinafter known as “STC.”

TERMS OF CONTRACT

The Owner acknowledges to securing the services of STC to provide total and complete inspection, maintenance, repair and coating of their gallon storage tank which is located at _________. STC acknowledges the acceptance of the responsibility of maintaining the aforementioned storage tank in the manner described as follows:

INSPECTION

STC shall inspect and service the referenced tank(s) within the first year of the date the contract is executed and every year thereafter. The interior and exterior of the tank(s) shall be inspected to assure the structure(s) is in a structurally sound and watertight condition. The interior coating will be evaluated to determine the necessity of recoating. STC reserves the right to request a standard inspection by draining or a SCUBA inspection at their discretion. It is the Owner’s responsibility to drain the structure(s) when required.

STANDARD CLEAN-OUT

STC shall clean and remove up to 3 inches of mud, silt, and accumulated sedimentation that may be harmful to the tank(s) or its contents within the first year the contract is executed and every 5 years thereafter while this contract is in effect. Upon completion of the cleaning process, the interior shall be disinfected prior to return to service if required. Bacteriological testing shall be the responsibility of the Owner if required. It is the responsibility of the Owner to drain the structure(s) prior to clean-out.

INTERIOR AND EXTERIOR RECOATING

STC shall recoat the interior and exterior of the tank(s) at such a time as required by evidence of the mil thickness test, the adhesion test and/or by an agreement of both parties that the structure’s coating has demonstrated a pronounced deterioration of the structure’s protective ability or that the integrity of the metal is jeopardized.

When recoating is required, all products and procedures used for determining surface preparatory practices, for selecting coating products, and for conducting disinfection methods shall be equal to or exceed the requirements of the NSF-61, the American Water Works Association, and the Steel Structure Painting Council.

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INTERIOR RECOATING

At the time in which interior recoating is required, the procedure shall be performed in accordance with AWWA D102-78, Interior System #1 and the structure’s interior shall be coated with an 8 to 10 mil epoxy liner.

EXTERIOR RECOATING

At the time in which exterior recoating is required, the exterior of the tank shall be painted with a type of exterior coating consistent with the existing coating. Color of paint shall match existing color as closely as possible.

REPAIR AND MAINTENANCE

STC shall make any and all repairs to the tank(s) and/or tower(s) that are required during the term of this contract. These repairs shall include steel replacement, steel parts, expansion joints, sway rod adjustments, manways and other component parts thereof.

STC shall update the structure(s) to include any new code implementations that become effective after the date of execution of this contract as required.

EXCLUSIONS:

All code updates in effect prior to the date of the execution of this contract are excluded from this contract.

All heater piping, water level indicators, insulation, all electrical wiring or accessories are excluded from this contract.

If required, the handling, removal and/or disposal of hazardous and/or contaminated material requiring special handling methods or disposal in specific or special dump sites is not included in this contract.

Repair of damage caused by Acts of God, Acts of War, Acts of Terrorism, Warlike Actions, Law or Ordinance Nonconformance or any Willful, Negligent, or Accidental Act of the Owner or the Owner’s employees is excluded from this contract.

UNAUTHORIZED ACCESS PROTECTION

STC shall install a ladder gate(s) on the exterior ladder(s) to help prevent unauthorized admittance.

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A heavy duty padlock(s) will be installed by STC on the roof hatches to prevent unauthorized access to the water supply. Keys for the lock(s) will be kept by the Owner and by STC.

EMERGENCY REPAIR RESPONSE

STC will provide emergency service to address any problems associated with the structure(s). Reasonable travel time must be allowed for the repair personnel to reach the tank site.

REPLACEMENT ASSURANCE

In the event the structure(s) should collapse or become inoperable because of structural failure, STC shall replace the structure(s) with that of equal capacity. The Owner agrees to provide a prepared job site for the construction of the replacement structure(s). Owner shall provide water lines and valves as required to place the new structure(s) in an operable condition.

EXCLUSIONS:

Any structural collapse due to Acts of God, Acts of War, Acts of Terrorism, Warlike Action, Law or Ordinance Nonconformance, Infrastructure Failure or Willful, Negligent, or Accidental Act of the Owner or its representatives is excluded from this contract.

Obsolescence of structure(s) due to zoning changes, ordinances, law, or code updates are excluded from this contract.

WARRANTIES/GUARANTEES

The interior and exterior of the structure(s) has an unconditional guarantee/warranty for an unlimited period of time as long as this contract remains in effect, with exception of the aforementioned exclusions.

INSURANCE

A Certification of Insurance for Workman’s compensation, occupational disease, Employers and Public liability shall be furnished to Owner prior to initiation of work.

DOCUMENT IMPLEMENTATION

This contract is subject to the inspection of and the written acceptance of the proposed structure(s) by STC.

Owner grants STC the right to subrogate against any third party who may causedamage or a condition for which STC becomes liable under this contract, at STC’s expense.

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TERMS OF PAYMENT

Owner reserves the right to continue this contract for an indefinite period of time upon payment to STC in accordance with the payment schedule for the duration of this agreement. The length of time of this contract is perpetual. The parties understand and agree that this is not a one-year contract.

Payment is to be made on or before the effective date of this contact each year.

If the installment option is accepted, each installment payment will be invoiced and is due and payable on the first day of the installment period.

The method of installment calculation is as follows: The amount of each installment shall be equal to the annual amount divided by the number of desired installments.

Owner desires (check one):

______One annual payment in the amount of

$_____________Two semi-annual payments in the amount of

$_____________Four quarterly payments in the amount of

$_____________Twelve monthly payments in the amount of

$_______

The annual premium may be adjusted by STC after the first year. The increased or decreased adjustment figure shall be

based upon the Consumer Price Index applied to the corresponding year’s contract amount.

CONTRACT CANCELLATION

This contract is subject to cancellation by either party. A Written Notice of Cancellation must be received prior to October 31st preceding the year in which cancellation is required. This written notice must be signed by a minimum of two official company representatives or their Power(s) of Attorney as indicated.

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The parties approving this contract do certify that they are fully authorized to execute this document and are in compliance with all legal requirements.

This agreement, signed this _____ day of __________, 200___.

______________________________ ______________________________Owner Superior Tank

Company, Inc.P O Box 167

______________________________ Princeton, KY 42445Authorized By

______________________________City / State / Zip

Witness________________________

Date___________________________

SAMPLE ONLY

PLEASE REQUEST THE LATEST REVISION FROM

Superior Tank Company Incorporated

PO Box 167Princeton, KY 42445Phone: 270-365-1210

Fax: 270-365-9989 Business Office270-365-9667 Sales Office

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