Contract
Exhibit 99.1
10.8 AGREEMENT
(Contract)
(Contract)
This Agreement, made this day of , 2007, by and between First United
Ethanol, LLC, herein called “Owner”, acting herein through its Chief Executive Officer (CEO), and
Railworks Track Systems, Inc. (a corporation) (a partnership) (an individual doing business as )
[Strike out inapplicable terms]
of , County of and state of ,
hereinafter called “Contractor”.
Witnesseth: That for and in consideration of the payments and agreements herein mentioned, to be
made and performed by the Owner, the Contractor hereby agrees with the Owner to commence and
complete the construction described as follows:
To complete the Proposed Loop Track Serving First United Ethanol, LLC, as per the Project Documents
herein, and at the unit prices quoted,
hereinafter called the “project”, for the sum of Seven hundred and eight thousand and thirty-two
and 00/100 Dollars ($708,032.00)
and all extra work in connection therewith, under the terms as stated in the Project Documents; and
as this (its or their) own property cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, supervision, labor, insurance, bonds, access, and other accessories
and services necessary to complete the said project in accordance with the conditions and prices
stated on the Bid Sheet, the final cost schedule, the Project Documents, Plans and Specifications
as prepared by Xxxxxx Engineering, P.C., herein entitled the “Engineer”, all of which are made a
part hereof and collectively evidence and constitute the Agreement.
The Bidder hereby agrees to commence work under this Agreement by October 2007 and to fully
complete the project by April 15, 2008 as stipulated in the Specifications. The Bidder further
agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day
thereafter until the project is 100% complete.
The undersigned bidder hereby certifies that he has received, read, and executed the following
number addenda:
_____
,
_____
,
_____
..
The Owner agrees to pay the Contractor in current funds for the performance of the Agreement,
subject to additions and deductions, as provided in the Agreement, signed change orders, or
contract amendments, and to make payments on account thereof as provided in the Specifications.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in five (5)
counterparts, each of which will be deemed an original, in the year and day first above mentioned.
/s/ Xxxxxxx X. Xxxxx
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Date: | September 12, 2007 | ||
CEO, First United Ethanol, LLC |
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/s/ Xxxxxx Xxxxxx
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Date: | 9-12-07 | ||
Witness |
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/s/ Xxxxx Xxxxxxx
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Date: | 8/22/07 | ||
Contractor (Signature) |
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/s/ Xxxxxx Xxxxxxx
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Date: | 8/22/07 | ||
Witness |
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000 Xxxxx Xxxx Xxxx
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Xxxxxxxxxx, XX 00000
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