CONTRACT AGREEMENT
Exhibit 10.21
THIS AGREEMENT, made this 5th day of April , 2007 by and between Amaizing Energy
Atlantic, LLC of Atlantic, Iowa herein after called the, Owner and Xxxxxxxx
Contractors, Inc. of Reinbeck , Iowa hereinafter called the Contractor.
Witnesseth, That for the consideration hereinafter named, the said Contractor agrees with said
Owner, as follows:
SECTION 1. The Contractor agrees to furnish all labor, material and equipment,
necessary to perform and complete all the work for (Project Description)
Geopier Foundation Installation for:
CassCo Amazing Energy Ethanol Plant, Glacier Dr., Atlantic, A
as described In Section 2 hereof, and In accordance with the drawings, General
Conditions of the Contract, Supplementary General Conditions, specifications and
addenda Nos, to inclusive, prepared by
Geopier Foundation Company if applicable.
SECTION 2. Scope of Work; The Contractor agrees to promptly begin said work either TBD
days, after notification by said Owner, and complete all work as follows:
In accordance with the project schedule and as required by job progress
Install Geopier Foundation Elements as outlined in the attached PCI proposal
And Exhibit B dated March 22, 2007.
SECTION 3. The Contractor shall take out and pay for Employers’ Liability insurance, Worker’s
Compensation insurance and Public Liability and Property Damage insurance, certificates of same to
be deposited with the 0wner before any work is started; also pay for all state and/or federal
taxes, assessment, Unemployment Compensation Contributions or other charges, and acquire and pay
for necessary licenses to do business as required by law.
SECTION 4. No extra work, back charges or changes under this contract will be recognized or
paid for, unless agreed to in writing by the Owner and Contractor before the work is done or the
changes made. No oral agreements will be made by either party.
SECTION 5. This contract shall not be assigned by the Contractor without first obtaining
permission in writing from the Owner. The Contractor shall be responsible for performance of work
by his employees, agents or his Contractors, and the Contractor agrees to bind his Subcontractors
to all provisions of this Agreement.
SECTION 6. The Contractor and Owner agree to observe and comply with all applicable federal,
state and local law, ordinances, rules and regulations, including but not limited to the
Occupational Safely and Health Act of 1970 effective where the work under this Subcontract is to
he performed.
SECTION 7..All claims, disputes and other matters in question between the Contractor and the
Owner arising out of or relating to the Contract or breech thereof shall be decided by arbitration
accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association then in
offset. The award rendered by the arbitrator shall be final and judgement may be entered upon it
in any court having ruling thereof.
SECTION 8. The Contractor agrees to Indemnity and save harmless the Owner from any and all
loss or damage occasioned by any negligent act or omission of the Contractor or that of anyone
directly or indirectly employed by them or performing the work of this Contract under the
direction of the Contractor or anyone for whose acts any of them may be liable in carrying out the
provisions of this Contract.
NONE
SECTION 9. Special Conditions. (Insert the word “None” OR the Special Conditions.) Note both
parties must INITIAL All Special Conditions.
SECTION 10. Progress Payments. Monthly progress payments on the Contract Sum will be made
to the Contractor in an amount equal to 95 % of the value of work performed and
materials incorporated in the project and the materials delivered to the site of the Work by
Contractor as estimated by Owner and Contractor, less the aggregate of previous payments made to
Contractor, to be paid within 30 days of invoice xxxxxxxx, with total release of retainage
within sixty days of completion.
SECTION 11. Contract Continuance. In the event that any portion or part of this Agreement
is held to be unconstitutional, illegal, or otherwise unenforceable, the failure of that portion
shall not affect the entirety of this Contract and all other clauses, agreements, language or
otherwise, shall continue in lull force and effect,
SECTION 12. Governing Law. This contract shall be governed under the laws of the State of
Iowa.
IN CONSIDERATION WHEREOF, the said Owner agrees that he will pay to the said Contractor the sum
of One Million, Two hundred Twenty-five thousand and 00/100 ($1,225,000.00) Dollars for
said materials and work. If blank, see pricing schedule Attached hereto as Exhibit A.
The Owner and the Contractor for themselves, their successors, executors, administrators and
assigns, hereby agree to the full performance of the covenants of this agreement.
IN WITNESS WHEREOF, they have executed this agreement the day and date written above.
| Amaizing Energy Atlantic, LLC | Xxxxxxxx Contractors, Inc. | |||||||||
| Owner | Contractor | |||||||||
By:
|
/s/ Xxxx X. Xxxxx | By: | /s/ Xxxxxxx X. Xxxxxxxx | |||||||
Title:
|
President | Title: | President | |||||||
