CONTRACT Scott Petroleum Corporation Biosource America, Inc.
EXHIBIT 10.1
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CONTRACT |
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Xxxxx Petroleum Corporation |
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Biosource America, Inc. |
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|
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Owner |
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Design/Builder |
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CHANGE |
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000 Xxxx Xxxxxx |
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000 Xxxxx Xxxxxxxxx |
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|
|
Address |
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Address |
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ORDER |
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Xxx Xxxx, MS 38941 |
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Butte, MT 59701 |
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One |
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6/21/2007 |
In accordance with Articles 9, 10 and 11 of the Standard General Conditions of the Contract between Owner and Design/Builder, Owner and Design Builder have agreed to amending the Agreement dated March 31, 2006 as follows:
Consider this Change Order as Authority to perform the following:
See attached Request for Change Order One dated 5/14/07 for a description of changes:
1.
Design/Builder Furnished Builders Risk Insurance
2. Rental of Temporary Lighting in
Process Building
3. Process Tank Farm Design and
Construction
4. Contract Amendment to delete the
liquidated damages in Article 11
5. Amend Exhibit B of Contract such that
a progress payment of $2,500,000 is deemed paid in full to Design/Builder upon
the execution of Change Order One and in return Design/Builder’s payment in the
amount of $2,500,000 to Xxxxx Petroleum is deemed paid in full in accordance
with the Tolling and Offtake Agreement thereby eliminating timing issues with
respect to cash flow.
Exclusion #1: This change order does not include the final load out rack for the process tank farm that will be required for offloading of acid, loadout of glycerin, loadout of glycertin bottoms & loadout of biodiesel bottoms. The boundary limits of this change order are to the piping flange located at the northeast corner of the process tank farm and does not include the exterior pipe support structure, the load out arms and structure and any required instrumentation, pumps, or spill equipment.
Exclusion #2: This change order does not include the required piping, instrumentation, and pumps necessary for completion of the feedstock recirculation, and transfer pumps and piping from the two feedstock tanks located in the terminal tank farm up to and through connection to the northeast corner of the process tank farm. In addition, it does not include the methanol transfer pumps and piping required to convey methanol from the terminal tank farm to the process tank farm as well ending in the connection at the northeast corner of the process tank farm. Pipe head trace, insulation, required support concrete pads, structure, power wiring, controls wiring, instruments, pipes, pumps and connections from the edge of the Process Tank Farm to the north and up to and through connections to the Terminal Tank Farm Feedstock and methanol tanks are not included.
Exclusion #1 and #2 are anticipated to be included in a future change order once the actual costs are defined and documented.
The SubContract Price as stated in Article 4.01 of the Agreement shall be adjusted as follows:
Owner agrees to pay Design/Builder 50% of Change Order One ($811,729.07) and Design/Builder agrees to absorb 50% of Change Order One ($811,729.07) upon execution of Change Order One. Neither of these costs will be applied to the Tolling Fee per the Tolling and Offtake Agreement.
|
Contract Price |
|
$ |
12,500,000.00 |
|
|
Amount of Contract Price Adjusted This Change Order |
|
$ |
1,623,458.14 |
|
|
Revised Contract Price |
|
$ |
14,123,458.14 |
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The Contract Time as stated in Article 3.02 of the Agreement shall be adjusted as follows:
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Contract Substantial Completion Date |
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26-Mar-07 |
|
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Amount of Contract Time Adjusted This Change Order |
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189 days |
|
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Revised Contract Substantial Completion Date |
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30-Sep-07 |
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Submitted for Approval By: |
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Approved and Accepted By: |
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Xxxxx Petroleum Corporation |
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Biosource America, Inc. |
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Owner |
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Design/Builder |
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/s/ |
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/s/ Xxxx Xxxxxx |
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Project Manager |
|
Project Manager |
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6/28/07 |
|
6/21/07 |
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Date |
|
Date |
Request for Change
Order One
May 14th, 2007 — Revised June 2nd, 2007
|
Item |
|
Vendor |
|
FO Amount |
|
15% markup |
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Total for Item |
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|||
|
Builders Risk Insurance |
|
Lockton |
|
$ |
50,000 |
|
$ |
7,500 |
|
$ |
57,500 |
|
|
Light Towers |
|
Rental |
|
$ |
8,062 |
|
$ |
1,209 |
|
$ |
9,271 |
|
|
Process Tank Farm Foundation |
|
Xxxxxx |
|
$ |
70,250 |
|
$ |
10,538 |
|
$ |
80,788 |
|
|
Process Tank Farm Concrete Design |
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MFO |
|
$ |
27,960 |
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$ |
4,194 |
|
$ |
32,154 |
|
|
Process Tank Farm Reinforcing Steel |
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MFO |
|
$ |
34,250 |
|
$ |
5,138 |
|
$ |
39,388 |
|
|
Process Tank Farm Instruments |
|
ACE |
|
$ |
56,867 |
|
$ |
8,530 |
|
$ |
65,397 |
|
|
Process Tank Farm Flow Meters |
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Micro Motion |
|
$ |
15,583 |
|
$ |
2,338 |
|
$ |
17,921 |
|
|
Process Tank Farm Controllers |
|
Rosemount |
|
$ |
12,253 |
|
$ |
1,838 |
|
$ |
14,091 |
|
|
Process Tank Farm Pumps |
|
JCI |
|
$ |
86,760 |
|
$ |
13,014 |
|
$ |
99,774 |
|
|
Process Tank Farm Piping |
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Xxxxx Mechanical |
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$ |
306,000 |
|
$ |
45,900 |
|
$ |
351,900 |
|
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Process Tank Farm Electrical |
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Town and Country |
|
$ |
257,000 |
|
$ |
38,550 |
|
$ |
295,550 |
|
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Process Tank Farm Racks |
|
MFO |
|
$ |
126,095 |
|
$ |
18,914 |
|
$ |
145,009 |
|
|
Process Tank Farm Grounding |
|
Xxxxxxxx Lightning Protection |
|
$ |
24,450 |
|
$ |
3,668 |
|
$ |
28,118 |
|
|
Process Tank Farm Insulation (Tanks & Pipes) |
|
Tracer |
|
$ |
286,603 |
|
$ |
42,990 |
|
$ |
329,593 |
|
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Process Tank Farm P&ID’s and Piping Design |
|
Biosource |
|
$ |
49,569 |
|
$ |
7,435 |
|
$ |
57,005 |
|
|
Subtotal |
|
|
|
$ |
1,411,703 |
|
$ |
211,755 |
|
$ |
1,623,458 |
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Biosource Labor
|
Personnel |
|
Activities |
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Hours |
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Rate |
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Total |
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||
|
Xxxx Xxxxxx |
|
PFD and P&ID Design |
|
120 |
|
$ |
40.87 |
|
$ |
4,904.40 |
|
|
Xxxx Xxxxxx |
|
Pump Specification/Procure |
|
108 |
|
$ |
40.87 |
|
$ |
4,413.96 |
|
|
Xxx Xxxxxxxxxx |
|
Instrument Specification/Procure |
|
128 |
|
$ |
40.87 |
|
$ |
5,231.36 |
|
|
Xxxxxx Xxxxx |
|
Piping Design |
|
264 |
|
$ |
31.25 |
|
$ |
8,250.00 |
|
|
Xxxxxxx Xxxxxxxx |
|
Piping Layout/Stress Analysis |
|
168 |
|
$ |
38.46 |
|
$ |
6,461.28 |
|
|
Xxxx Xxxxxxxx |
|
Piping Isometrics/Plan & Profile |
|
184 |
|
$ |
28.85 |
|
$ |
5,308.40 |
|
|
Lease on Software per Analysis Run |
|
Caesar Runs for Stress Analysis |
|
6 |
|
$ |
2,500.00 |
|
$ |
15,000.00 |
|
|
|
|
|
|
|
|
|
|
$ |
49,569.40 |
|
|
The labor rates are raw labor and do not include overhead, general and administrative or fringe costs. Moreover, costs for Project Management, Construction and Site Management, administration, and other direct costs including travel, lodging, per diem are not included.
