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<br />MISCELLANEOUS STRUCTURE
<br />CONTRACTUAL CONDITIONS
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<br />Sections M, N, and O of these General Contractual conditions, as
<br />modified by the proposal, are applicable only to the structures or work
<br />described in those sections respectively.
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<br />Section M - ELEVATED TANKS
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<br />Mt The structure shall consist of a steel tank supported on a steel
<br />tower as shown in the plan accompanying the proposal.
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<br /> M2 On single pedestal elevated tanks, a subsurface investigation is
<br />I required to ensure structural stability. A subsurface investigation of the
<br /> site including a report by a soils engineer familiar with settlement
<br /> limitations and loads imposed by the structure shall be made by
<br /> Purchaser or upon mutual agreement by Contractor on behalf of
<br /> Purchaser wi~bout cost to Contractor. The subsurface investigation
<br />I shaft include recommendations for type of foundation,
<br /> report
<br /> construction procedures and allowable soil beadng pressure which will
<br /> keep settlement within structural tolerances. Upon request of
<br /> Purchaser, Contractor shaft furnish for the guidance of the soils
<br />I engineer the structural tolerances for settlement and a suggested
<br /> subsurface investigation for the proposed elevated tank. The
<br /> subsurface investigation shall include a minimum of three soil bodngs at
<br /> each Structure site spaced 120 degrees apart at a radius slightly
<br />Igreater than the outside radius of the foundation base slab. The
<br />subsurface investigation report and, if requested, soil samples shall be
<br />supplied to Contractor. If the proposed is made pdor to receipt by
<br />Contractor of the subsurface investigation report an assumed value for
<br />I the bearing pressure will be used (4000 pounds per squ'Jre foot net at
<br /> five feet depth or frost depth whichever is greater unless otherwise
<br /> specified in the proposal} and designs and prices quoted w~l be subject
<br /> to change upon receipt and analysis of the subsurface investigation
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<br />ireporL
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<br /> M3 If cathodic protection apparatus is included in the proposal,
<br /> Purchaser shall provide the power outlet, together with a fused
<br /> weatherproof switchbox, within twenty feet of the tower column on
<br />Iwhich the conduit is to be located.
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<br /> Section N - FLAT l~O'l-l'OM STORAGE TANKS
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<br />N1 The bottom plates shall be laid directly on the grade or foundation
<br />and welded together thereon. Lap joints shall be used with continuous
<br />welding on the upper side only.
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<br />N2 When a steel roof of fixed type is furnished, it shall be welded on
<br />the upper side only with lap joints.
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<br />N3 If a stairway or a fixed ladder is provided, it shall be designed to
<br />support safely a load of one thousand (1000) pounds at any one point.
<br />An inside ladder will not be provided unless so stated in the proposal.
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<br />N4 If a grade is provided by Purchaser under the tank, it shall be
<br />furnished and maintained level by Purchaser. If a concrete foundation
<br />is provided by Purchaser under the tank, it shall be level within plus or
<br />minus one-eighth inch within any thirty feet of arc length, and no two
<br />points on the periphery shall differ in elevation by more than one-half
<br />inch.
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<br />N5 Unless otherwise stated in the Proposal, Purchaser shall assume
<br />full responsibility for the design and adequacy of any dikes and
<br />containment systems which may be required in connection with the
<br />tanks.
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<br /> Section O - REPAIR WORK AND NEW WORK IN AN EXTRA
<br /> HAZARDOUS AREA
<br />IOt This section covers all work (whether new, alterations, repairs or
<br />otherwise) performed in an extra hazardous area, ail §eld repairs,
<br />alterations or extensions of existing structures and all work by
<br />i Contractor upon structures not originally furnished by Contractor.
<br /> Pdnted ia USA
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<br />02 Structures that have been used in certain types of storage and
<br />processing service present unusual safety hazards to pemonnel in the
<br />work area. Purchaser shall physically disconnect all such structures
<br />from existing piping before Contractor undertakes any work. Unless
<br />cleaning is specifically stated to be part of the work covered by the
<br />proposal, Purchaser shal[ dean the structure and fre~ it from any toxic
<br />or hazardous substances, including but not limited to asbestos, shall
<br />maintain the work area entirely free of explosives, combustible, toxic,
<br />asphyxiant and hazardous substances at no cost to Contractor and
<br />shall sign a safe work order on usual form provided by Contractor for
<br />that purpose before any work is commenced by Contractor.
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<br />03 Before work is commenced on an existing structure Purchaser
<br />shall furnish to Contractor a complete set of 'as built' drawings of the
<br />structure, and also a statement of the age of the structure, the service
<br />in which it has been used, the nature and extent of repairs,
<br />modifications and extensions contemplated, the test, if any, to be
<br />performed upon completion of work, and the proposed service of the
<br />structure after completion of w~rk.
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<br />04 Unless so stated in the proposal, testing is not included in the work
<br />to be done by Contractor. If the proposal includes testing, then Section
<br />G of these General Contractual Conditions shall apply.
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<br />05 Section K does not apply to work covered by this Section O.
<br />Purchaser must take fully responsibility for the conditions of the
<br />structure pdor to the commencement of work, the nature and extent of
<br />the work, the removal and making safe to Contractor's satisfaction of
<br />any toxic or hazardous substances or materials, including but not
<br />limited to asbestos, which may be discovered during performance of the
<br />work or which may adversely affect the safe performance of the work,
<br />the adequacy of the structure to meet Purchaser's needs upon
<br />completion of work and for the type and severity of any test to be
<br />imposed upon the structure upon completion of work. This
<br />re~."~ponsibiiity of Purchaser shall also include the effects of prior us
<br />(such as distortion, corrosion, and abrasion) upon structural adequacy,
<br />and the effects af any proposed changes in operating conditions (such
<br />as pressure, temperature, chemical and electrolytic properties of the
<br />product to be transported, stored, or processed) upon the suitabil~ of
<br />the structure upon completion of work for the service intended.
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<br />06 Purchaser shall either buy builder's risk insurance or keep the
<br />structures affected by the work being performed covered by all-r~sk
<br />insurance, in either case with Contractor as a named insured on the
<br />.polidy and which provides primary coverage of not less than the full air
<br />'market value of the structures affected by the work performed, and
<br />such coverage shall waive all rights of subrogation against Contractor.
<br />Purchaser shall assume all deductible amounts and shall furnish
<br />evidence of such coverage to Contractor. Purchaser assumes the dsk
<br />and waives any right of recovery (including subrogation) against
<br />Contractor for any loss of, damage to or loss of use of any Purchaser's
<br />property. The foregoing waiver shall apply to the full extend pen'nitted
<br />by law and regardless of fault on the part of Contractor.
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<br />07 Without limiting any of the liabilities of Purchaser hereunder,
<br />Purchaser shall also keep in effect a Commercial General Liability
<br />insurance policy with combined single limits not' less than $5,000,000
<br />per occurrence. Such policy shall name Contractor as an additional
<br />insured and will provide primary insurance, non-contributing with any
<br />othe~' valid insurance or self-insurance coverage to the Contractor.
<br />Purchaser shall assume all deductibles under such insurance.
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<br />08 Section L does not apply to work covered by this Section O. With
<br />respect to any work covered by this Section O, CONTRACTOR MAKES
<br />NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
<br />PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY
<br />KIND, EXPRESS OR IMPLIED. Contractor shall not be liable for loss
<br />of use of Purchaser's property, loss of profits or revenues or any
<br />special, indirect, incidental or consequential loss or damage
<br />whatsoever. The foregoing limitation of liability shall apply to the full
<br />extent permitted by law and regardless of fault on the part of Contractor.
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<br />NAC 115 (Page 4 of 4) Rev ~
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