RENEWABLE ENERGY GROUP, INC. CHANGE ORDER
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EXHIBIT 10.6.1 – |
Change Order between Renewable Energy Group, Inc. and East Fork Biodiesel, LLC |
RENEWABLE ENERGY GROUP, INC. CHANGE ORDER
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OWNER: |
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CONTRACTOR: |
REG Construction Services, LLC. |
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PROJECT: |
60 MGPY Biodiesel Facility |
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CONTRACT DATE: |
October 10, 2006 |
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CHANGE ORDER NO: |
4 |
CHANGE ORDER DATE: |
November 12,2007 |
By: Renewable Energy Group, LLC
For the following changes in the Work:
This change order recognizes the abbreviate start up plan as defined by the owner. The plant will be operated for a limited duration to prove the mechanical integrity and performance requirements of the Work/Project as originally detailed in paragraph 3.6.6 of the Standard Form Design-Build Agreement agreement dated Oct. 10, 2006. Upon completion of the initial trial, REG personnel will use reasonable efforts to secure the plant for an extend shutdown period pending East Fork Biodiesel’s decision to commence full time operations. Extraordinary maintenance cost not covered by manufacturer’s warranty and due to winter freeze damage shall be divided as an equal share (50/50) between East Fork Biodiesel, LLC and REG Construction Services, LLC. Upon later commencement of full operations, REG will train permanent personnel and assist in the start up.
Due to the short operating period, It is agreed that the Process Guarantee shall be deemed met when the facility accumulates three consecutive 24 hour periods, producing 181,818 gallons or more of biodiesel per 24 our period.
The Owner is advised that there is no additional cost in the Work performed by the Contractor under
the terms of this Change Order and according to the terms of the Agreement. The amount paid by the
Owner shall be full compensation for all Work requested and for all effects of this document in the
Work.
PROJECT COST ADJUSTMENTS
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Original Project Amount ($) |
$57,238,000.00 |
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Amount of Previous Change Orders |
$1,390,095.00 |
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This Change Order No. |
4 |
$0.00 |
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New Project Amount ($) |
$58,628,095.00 |
COMPLETION DATE ADJUSTMENT
There is no adjustment in completion date.
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Original Completion Date |
December 12,2007 |
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Previous Time Change Adjustments |
0 |
Days |
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This Time Change No. |
0 |
Days |
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New Completion Date |
December 12,2007 |
The said Contract as hereby amended shall remain in full force and effect.
Change Order No. 4 – page 1
XX Xxx 000 | 000 Xxxxx Xxxxxx | Xxxxxxx, XX 00000 | 000-000-0000 | 668-REG-8685
xxx.xxxxxxxxx-xxxxxx-xxxxx.xxx
IN WITNESS WHEREOF the said parties have caused this agreement to be executed as
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REG Construction Services, LLC |
East Fork Biodiesel. LLC |
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CONTRACTOR |
OWNER |
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000 Xxxxx Xxxxxx – XX Xxx 000 |
Xxxxxx, XX |
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ADDRESS |
ADDRESS |
Change Oreder No.4 – page 2
XX Xxx 000 | 000 Xxxxx Xxxxxx | Xxxxxxx, XX 00000 | 000-000-0000 | 668-REG-8685
xxx.xxxxxxxxx-xxxxxx-xxxxx.xxx
