Common use of BASIC SERVICES Study and Report Phase Clause in Contracts

BASIC SERVICES Study and Report Phase. 1. Consult with OWNER to define and clarify OWNER’s requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER’s providing data or services with are not part of ENGINEER’s Basic Services, and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER. 4. Identify and evaluate up to three alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER’s judgment meet OWNER’s requirements for the Project. 5. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicated the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER’s opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probably Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: o Prepare and conceptual track plan constructible in stages to accommodate the initial 40 MG plant design as well as the future layouts for plant expansion to 80 MG. Plant production will generate 20 ethanol tank cars and 20 DDG xxxxxx cars of outbound product each week. o UPRR will service the plant by UPRR is planned twice each week. The initial track construction concept is represented by the track layout in Attachment A for handling 10 ethanol tank cars plus 10 DDG xxxxxx cars.

BASIC SERVICES Study and Report Phase. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER’s ’S requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER’s ’S providing data or services with which are not part of ENGINEER’s ’S Basic Services, and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER. 4. Identify and evaluate up to three alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER’s ’S judgment meet OWNER’s ’S requirements for the Project. 5. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicated indicate the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER’s ’S opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probably probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: o ¡ Prepare and a conceptual track plan constructible in stages to accommodate 50 MMG gas-fired plant production. ¡ Determine the initial 40 MG plant design as well as service interval by the future layouts for plant expansion to 80 MGmain line railroad. Plant production will generate 20 ethanol tank cars and 20 DDG xxxxxx cars of outbound product each week¡ Determine current mainline railroad traffic. o UPRR will service the plant by UPRR is planned twice each week. ¡ The initial track construction concept is represented by for a 50 MMG ethanol plant to be compatible with the service interval. ¡ Determine a track layout in Attachment A configuration providing unit train ingress/egress to the plant site acceptable to the mainline railroad for handling 10 in-bound and out-bound traffic. ¡ Coordinate track concepts with the mainline railroad, ethanol tank cars plus 10 DDG xxxxxx carsplant design consultant, state and local jurisdictions, if any. 7. Furnish two review copies of the Report to OWNER within 45 days of authorization to proceed with the Study and Report Phase.

BASIC SERVICES Study and Report Phase. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER’s ’S requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER’s ’S providing data or services with which are not part of ENGINEER’s ’S Basic Services, and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER. 4. Identify and evaluate up to three alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER’s ’S judgment meet OWNER’s ’S requirements for the Project. 5. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicated indicate the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER’s ’S opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probably probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: o · Prepare and a conceptual track plan constructible in stages to accommodate 100 MMG plant production. · Determine the initial 40 MG plant design as well as service interval by the future layouts for plant expansion to 80 MGmain line railroad. Plant production will generate 20 ethanol tank cars and 20 DDG xxxxxx cars of outbound product each week· Determine current mainline railroad traffic. o UPRR will service the plant by UPRR is planned twice each week. · The initial track construction concept is represented for a 100 MMG ethanol plant to be compatible with the service interval. · Determine a track configuration providing traffic ingress/egress to the plant site acceptable to the mainline railroad. · Coordinate track concepts with the mainline railroad, ethanol plant design consultant, state and local jurisdictions, if any. 7. Furnish two review copies of the Report to OWNER within 50 days of authorization to proceed with the Study and Report Phase. 8. Revise the Report in response to OWNER’S and other parties’ comments, as appropriate, and furnish two final copies of the revised Report to the OWNER within 7 days after completion of reviewing it with OWNER. ENGINEER’S services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered and accepted by the track layout in Attachment A for handling 10 ethanol tank cars plus 10 DDG xxxxxx carsOWNER.

BASIC SERVICES Study and Report Phase. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER’s ’S requirements for the Project and available data. 2. Advise OWNER as to the necessity of OWNER’s ’S providing data or services with which are not part of ENGINEER’s ’S Basic Services, and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER. 4. Identify and evaluate up to three alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER’s ’S judgment meet OWNER’s ’S requirements for the Project. 5. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicated indicate the agreed-to requirements, considerations involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER’s ’S opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the following, which will be separately itemized: opinion of probably probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services included within the definition of Total Project Costs. 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: o • Prepare and a conceptual track plan constructible in stages to accommodate the initial 40 MG 50 MMG plant design as well as the future layouts track for plant expansion to 80 MG100 MMG. Plant production will generate 20 ethanol tank cars and 20 DDG xxxxxx cars of outbound product each week• Determine the service interval by the main line railroad. o UPRR will service the plant by UPRR is planned twice each week. • The initial track construction concept is represented by for a 50 MMG ethanol plant to be compatible with the service interval. • Determine a track layout config. ration providing traffic ingress/egress to the plant site acceptable to the mainline railroad. • Determine current mainline railroad traffic. • Coordinate track concepts with the mainline railroad, ethanol plant design consultant, state and local jurisdictions, if any. 7. Furnish two review copies of the Report to OWNER within 14 days of authorization to proceed with the Study and Report Phase. 8. Revise the Report in Attachment A for handling 10 ethanol tank cars plus 10 DDG xxxxxx cars.response to OWNER’S and other parties’ comments, as appropriate, and furnish two final copies of the revised Report to the OWNER within 7 days after completion of reviewing it with OWNER. ENGINEER’S services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to OWNER