Exhibit 10.4
***** PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT
FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. THE OMISSIONS HAVE BEEN INDICATED BY ASTERISKS
(“*****”), AND THE OMITTED TEXT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.
LUMP SUM DESIGN-BUILD EXPANSION AGREEMENT
BETWEEN
PLATTE VALLEY FUEL ETHANOL, LLC (“OWNER”)
AND
XXXXX, INC. (“DESIGN-BUILDER”)
April 24, 2006
TABLE OF CONTENTS
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Article 1 Definitions; Rules of Interpretation |
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1 |
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1.1 |
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Rules of Construction |
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1 |
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1.2 |
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Defined Terms |
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2 |
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Article 2 The Expansion Project |
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6 |
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2.1 |
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Services to be Performed |
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6 |
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2.2 |
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Extent of Agreement |
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6 |
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2.3 |
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Conflicting Provisions |
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7 |
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Article 3 Design-Builder Responsibilities |
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7 |
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3.1 |
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Design-Builder’s Services in General |
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7 |
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3.2 |
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Design Development and Services |
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7 |
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3.3 |
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Standard of Care |
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8 |
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3.4 |
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Government Approvals and Permits |
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9 |
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3.5 |
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Subcontractors |
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9 |
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3.6 |
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Maintenance of Site |
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9 |
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3.7 |
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Project Safety |
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9 |
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3.8 |
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Submission of Reports |
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10 |
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3.9 |
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Training |
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10 |
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3.10 |
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Integration of Expansion Plant into PVFE Plant |
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10 |
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Article 4 Owner’s Responsibilities |
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11 |
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4.1 |
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Duty to Cooperate |
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11 |
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4.2 |
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Furnishing of Services and Information |
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11 |
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4.3 |
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Financial Information; Cooperation with Lenders; Failure to Obtain Financial Closing |
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12 |
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4.4 |
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Owner’s Representative |
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12 |
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4.5 |
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Government Approvals and Permits |
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13 |
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4.6 |
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Owner’s Separate Contractors |
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13 |
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4.7 |
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Security |
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13 |
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Article 5 Ownership of Work Product; Risk of Loss |
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13 |
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5.1 |
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Work Product |
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13 |
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5.2 |
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Owner’s Limited License Upon Payment in Full |
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13 |
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5.3 |
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Owner’s Limited License Upon Owner’s Termination for Convenience or Design-Builder’s Election to
Terminate |
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14 |
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5.4 |
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Owner’s Limited License Upon Design-Builder’s Default |
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15 |
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5.5 |
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Owner’s Indemnification for Use of Work Product |
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15 |
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5.6 |
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Risk of Loss |
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15 |
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Article 6 Commencement and Completion of the Expansion Project |
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15 |
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6.1 |
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Pre-Engineering Agreement |
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15 |
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6.2 |
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Notice to Proceed; Commencement |
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16 |
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6.3 |
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Expansion Project Start-Up and Testing |
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16 |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
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6.4 |
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Substantial Completion |
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16 |
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6.5 |
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Final Completion |
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17 |
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6.6 |
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Failure to Attain Timely Final Completion |
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18 |
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6.7 |
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Post Completion Support |
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18 |
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Article 7 Performance Testing |
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19 |
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7.1 |
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Performance Guarantee |
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19 |
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7.2 |
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Performance Testing |
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19 |
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7.3 |
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Bonds and Other Performance Security |
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20 |
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Article 8 Warranties |
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21 |
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8.1 |
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Design-Builder Warranty |
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21 |
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8.2 |
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Correction of Defective Work |
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21 |
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8.3 |
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Warranty Period Not Limitation to Owner’s Rights |
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22 |
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Article 9 Contract Price |
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22 |
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9.1 |
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Contract Price |
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22 |
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Article 10 Payment Procedures |
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23 |
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10.1 |
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Payment at Financial Closing |
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23 |
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10.2 |
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Progress Payments |
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23 |
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10.3 |
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Final Payment |
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24 |
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10.4 |
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Failure to Pay Amounts Due |
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24 |
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10.5 |
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Design-Builder’s Payment Obligations |
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25 |
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10.6 |
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Record Keeping and Finance Controls |
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25 |
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Article 11 Hazardous Conditions and Differing Site Conditions |
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25 |
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11.1 |
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Hazardous Conditions |
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25 |
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11.2 |
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Differing Site Conditions; Inspection |
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26 |
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Article 12 Force Majeure; Change in Legal Requirements |
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26 |
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12.1 |
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Force Majeure Event |
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27 |
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12.2 |
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Effect of Force Majeure Event |
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27 |
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12.3 |
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Change in Legal Requirements |
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28 |
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12.4 |
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Time Impact And Availability |
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28 |
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Article 13 Changes to the Contract Price and Scheduled Completion Dates |
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28 |
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13.1 |
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Change Orders |
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28 |
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13.2 |
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Contract Price Adjustments |
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29 |
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13.3 |
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Emergencies |
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29 |
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13.4 |
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Contract Time Adjustment |
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30 |
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13.5 |
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Failure to Complete Owner’s Milestones |
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30 |
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Article 14 Indemnity |
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30 |
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14.1 |
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Tax Claim Indemnification |
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30 |
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14.2 |
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Payment Claim Indemnification |
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30 |
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14.3 |
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Design-Builder’s General Indemnification |
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30 |
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14.4 |
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Owner’s General Indemnification |
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31 |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
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Article 15 Stop Work; Termination for Cause |
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32 |
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15.1 |
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Owner’s Right to Stop Work |
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32 |
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15.2 |
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Owner’s Right to Perform and Terminate for Cause |
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32 |
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15.3 |
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Owner’s Right to Terminate for Convenience |
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33 |
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15.4 |
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Design-Builder’s Right to Stop Work |
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33 |
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15.5 |
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Design-Builder’s Right to Terminate for Cause |
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34 |
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15.6 |
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Bankruptcy of Owner or Design-Builder |
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35 |
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15.7 |
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Lenders’ Right to Cure |
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35 |
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Article 16 Representatives of the Parties |
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36 |
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16.1 |
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Designation of Owner’s Representatives |
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36 |
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16.2 |
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Designation of Design-Builder’s Representatives |
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36 |
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Article 17 Insurance |
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37 |
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17.1 |
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Insurance |
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37 |
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17.2 |
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Design-Builder’s Insurance Requirements |
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37 |
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17.3 |
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Owner’s Liability Insurance |
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38 |
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17.4 |
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Owner’s Property Insurance |
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39 |
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Article 18 Representations and Warranties |
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40 |
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18.1 |
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Design-Builder and Owner Representations and Warranties |
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40 |
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18.2 |
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Design-Builder Representations and Warranties |
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41 |
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Article 19 Dispute Resolution |
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41 |
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19.1 |
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Dispute Avoidance and Mediation |
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41 |
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19.2 |
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Arbitration |
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42 |
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19.3 |
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Duty to Continue Performance |
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42 |
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19.4 |
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No Consequential Damages |
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42 |
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19.5 |
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Limitation of Liability |
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42 |
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Article 20 Confidentiality of Shared Information |
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43 |
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20.1 |
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Non-Disclosure Obligation |
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43 |
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20.2 |
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Publicity and Advertising |
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44 |
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20.3 |
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Term of Obligation |
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44 |
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Article 21 Miscellaneous |
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44 |
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21.1 |
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Assignment |
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44 |
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21.2 |
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Successors |
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45 |
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21.3 |
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Governing Law |
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45 |
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21.4 |
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Severability |
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45 |
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21.5 |
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No Waiver |
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45 |
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21.6 |
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Headings |
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45 |
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21.7 |
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Notice |
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45 |
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21.8 |
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No Privity with Design Consultant/Subcontractors |
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46 |
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21.9 |
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Amendments |
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46 |
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21.10 |
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Entire Agreement |
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46 |
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21.11 |
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Third-Party Beneficiaries |
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46 |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
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21.12 |
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Counterparts |
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46 |
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21.13 |
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Survival |
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47 |
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EXHIBIT A Performance Guarantee Criteria |
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A-1 |
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EXHIBIT B Project Scope |
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B-1 |
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EXHIBIT C Owner’s Responsibilities |
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C-1 |
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EXHIBIT D ICM License Agreement |
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D-1 |
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EXHIBIT E Schedule of Values |
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E-1 |
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EXHIBIT F Form of Informational Report |
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F-1 |
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EXHIBIT G Required Permits |
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G-1 |
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EXHIBIT H Form of Performance Bond |
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H-1 |
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EXHIBIT I Form of Payment Bond |
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I-1 |
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EXHIBIT J Draw (Payment) Schedule |
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J-1 |
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EXHIBIT K Air Emissions Application or Permit |
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K-1 |
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EXHIBIT L Pre-Engineering Agreement |
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L-1 |
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EXHIBIT M Form of Application for Payment |
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M-1 |
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EXHIBIT N Form of Lien Waiver |
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N-1 |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
iv
LUMP SUM DESIGN-BUILD CONTRACT
This LUMP SUM DESIGN-BUILD CONTRACT (the “
Agreement”) is made as of April 24, 2006,
(the “
Effective Date”) by and between Platte Valley Fuel Ethanol, LLC, a Nebraska limited
liability company (the “
Owner”) and Xxxxx, Inc., a
Minnesota corporation (the
“
Design-Builder”) (each a “
Party” and collectively, the “
Parties”).
RECITALS
A. The Design-Builder originally constructed a forty (40) million gallons per year
(“MGY”) dry grind ethanol production facility near Central City, Nebraska (the “PVFE
Plant”), under a Design-Build Agreement dated September 16, 2003;
B. The Owner desires to develop, construct, own and operate a 40 MGY expansion (the
“Expansion Plant”) of the PVFE Plant, which would bring the total nameplate capacity of the
PVFE Plant to 80 million gallons per year; and
C. Design-Builder desires to provide design, engineering, procurement and construction
services for the Expansion Plant.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and
for other good and valuable consideration, Owner and Design-Builder agree as follows.
AGREEMENT
Article 1
Definitions; Rules of Interpretation
1.1 Rules of Construction. The capitalized terms listed in this Article shall have the
meanings set forth herein whenever the terms appear in this Agreement, whether in the singular or
the plural or in the present or past tense. Other terms used in this Agreement but not listed in
this Article shall have meanings as commonly used in the English language and, where applicable, in
generally accepted construction and design-build standards of the fuel ethanol industry in the
Midwest United States. Words not otherwise defined herein that have well known and generally
accepted technical or trade meanings are used herein in accordance with such recognized meanings.
In addition, the following rules of interpretation shall apply:
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(a) |
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The masculine shall include the feminine and neuter. |
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(b) |
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References to “Articles,” “Sections,” “Schedules,” or “Exhibits” shall be to
Articles, Sections, Schedules or Exhibits of this Agreement. |
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(c) |
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This Agreement was negotiated and prepared by each of the Parties with the
advice and participation of counsel. The Parties have agreed to the wording of
this Agreement and none of the provisions hereof shall be construed against one |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
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Party on the ground that such Party is the author of this Agreement or any part
hereof. |
1.2 Defined Terms. In addition to definitions appearing elsewhere in this Agreement, the
following terms have the following meanings:
AAA is defined in Section 19.1.
Agreement is defined in the Preamble.
Air Emissions Tester means a third party entity engaged by Owner meeting all required state and
federal requirements for such testing entities, to conduct air emissions testing of the Expansion
Plant in accordance with Exhibit A.
Applicable Law means
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(a) |
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any and all laws, legislation, statutes, codes, acts, rules, regulations,
ordinances, treaties or other similar legal requirements enacted, issued or promulgated
by a Governmental Authority; |
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(b) |
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any and all orders, judgments, writs, decrees, injunctions, Governmental
Approvals or other decisions of a Governmental Authority; and |
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(c) |
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any and all legally binding announcements, directives or published practices or
interpretations, regarding any of the foregoing in (a) or (b) of this definition,
enacted, issued or promulgated by a Governmental Authority; |
to the extent, for each of the foregoing in (a), (b) and (c) of this definition, applicable to or
binding upon (i) a Party, its affiliates, its shareholders, its members, its partners or their
respective representatives, to the extent any such person is engaged in activities related to the
Expansion Project; or (ii) the property of a Party, its affiliates, its shareholders, its members,
its partners or their respective representatives, to the extent such property is used in connection
with the Expansion Project or an activity related to the Expansion Project.
Application for Payment is defined in Section 10.2.1.
As Built Plans is defined in Section 5.2.
Bankrupt Party is defined in Section 15.6.1.
Change Order is defined in Section 13.1.1.
Certificate of Substantial Completion is defined in Section 6.4.3
Confidential Information is defined in Section 20.1.
Construction Documents is defined in Section 3.2.1.
Contract Documents is defined in Section 2.2.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
2
Contract Price is defined in Section 9.1.
Contract Time(s) means scheduled dates provided for in the Contract Documents including Scheduled
Substantial Completion Date and Final Completion Date.
Damages is defined in Section 14.3.1.
Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents.
Design-Builder is defined in the Preamble.
Design-Builder’s Representative is defined in Section 16.2.
Design-Builder’s Senior Representative is defined in Section 16.2.
Design Consultant is a qualified, licensed design professional that is not an employee of
Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract
with Design-Builder or Subcontractor, to furnish design services required under the Contract
Documents.
Differing Site Conditions is defined in Section 11.2.1.
Effective Date is defined in the Preamble.
Expansion Plant is defined in the Recitals.
Expansion Project is defined in Section 2.1.
Expansion Project Scope is defined in Exhibit X.
Xxxxx Engineering is defined in Section 6.1.
Final Application for Payment is defined in Section 10.3.
Final Completion is defined in Section 6.5.2.
Final Completion Date is defined in Section 6.5.1.
Final Payment is defined in Section 10.3.
Financial Closing means the execution of the Financing Documents by all the parties thereto, and
the fulfillment of all conditions precedent thereunder necessary to permit the advance of funds to
pay amounts due under this Agreement.
Financing Documents means the final loan documents with the lender or lenders providing financing
for the construction or term financing of the Expansion Plant.
Force Majeure Event is defined in Section 12.1.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
3
Governmental Approvals are any material authorizations or permissions issued or granted by any
Governmental Authority to the Expansion Project, its Owner, the Design-Builder, Subcontractors and
their affiliates in connection with any activity related to the Expansion Project.
Governmental Authority means any federal, state, local or municipal governmental body; any
governmental, quasi-governmental, regulatory or administrative agency, commission, body or other
authority exercising or entitled to exercise any administrative, executive, judicial, legislative,
policy, regulatory or taxing authority or power; or any court or governmental tribunal; in each
case having jurisdiction over the Owner, the Design-Builder, the Expansion Project, or the Site.
Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous
under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which
are regulated by applicable Legal Requirements.
ICM means ICM, Inc., a Kansas corporation.
Indemnified Parties is defined in Section 5.2.
Independent Engineer means Owner’s and Lenders’ independent engineer.
Industry-Wide Disruption is defined in Section 12.4.
Informational Report is defined in Section 3.8.
Legal Requirements or Laws are all applicable federal, state and local statutes, laws, codes,
ordinances, rules, regulations, judicial decisions, orders, decrees plans, injunctions, permits,
tariffs, governmental agreements and governmental restrictions, whether now or hereafter in effect,
of any government or quasi-government entity having jurisdiction over the Expansion Project or
Site, the practices involved in the Expansion Project or Site, or any Work, including any consensus
standards for materials, products, systems, and services established by ASTM International, any
successor organization thereto, or any Governmental Authority.
Lenders means the lenders that are party to the Financing Documents.
Lenders’ Agent means an agent or agents acting on behalf of the Lenders.
Manufacturer’s Warranty shall mean a warranty provided by the original manufacturer or vendor of
equipment used by Design-Builder in the Expansion Plant.
MGY is defined in the Recitals.
Notice to Proceed is defined in Section 6.2.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
4
Operating Procedures means, without limitation, the process equipment and specifications manuals,
standards of quality, service protocols, data collection methods, construction specifications,
training methods, engineering standards and any other information prescribed by Design-Builder and
ICM from time to time concerning the ownership, operation, maintenance and repair of the Plant,
subject to the limitations provided in the Agreement and in the ICM
License Agreement.
Owner is defined in the Preamble.
Owner Indemnified Parties is defined in Section 14.3.1.
Owner’s Milestones is defined in Section 13.5.
Owner’s Representative is defined in Section 16.1.
Owner’s Senior Representative is defined in Section 16.1.
Party or Parties is defined in the Preamble.
Pass Through Warranties mean any warranties provided to Design-Builder by a Subcontractor which
are assigned to Owner.
Pay Period means, with respect to a given Application for Payment, the one (1) month period
following the last day of the previous Pay Period to which the immediately prior Application for
Payment is applied; provided that the initial Pay Period shall commence on the date of delivery of
the Notice to Proceed and end on the twenty-fourth (24th) day of the calendar month during which
the Notice to Proceed is issued.
Payment Bond is defined in Section 7.3.2.
Performance Bond is defined in Section 7.3.1.
Performance Guarantee Criteria means the criteria listed in Exhibit A.
Performance Tests is defined in Section 7.2.1.
Pre-Engineering Agreement is defined in Section 6.1.
Punch List is defined in Section 6.4.3.
PVFE Plant is defined in the Recitals.
Qualified Independent Expert means an expert retained by Owner and approved by Design-Builder
pursuant to Section 11.1.2.
Safety Representative is defined in Section 3.7.1.
Schedule of Values is defined in Section 10.2.5.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
5
Scheduled Substantial Completion Date is defined in Section 6.4.1.
Site is the land or premises on which the Expansion Project is located.
Subcontractor is any person or entity retained by Design-Builder, or by any person or entity
retained directly or indirectly by Design-Builder, in each case as an independent contractor to
perform a portion of the Work and shall include materialmen and suppliers.
Substantial Completion is defined in Section 6.4.2.
Work is defined in Section 3.1.
Work Product is defined in Section 5.1.
Article 2
The Expansion Project
2.1 Services to be Performed. Pursuant to this Agreement, Design-Builder shall perform all
work and services in connection with the engineering, design, procurement, construction startup,
testing and training for the operation and maintenance of the Expansion Plant, and provide all
material, equipment, tools and labor necessary to complete the Expansion Plant in accordance with
the terms of this Agreement. The Expansion Plant, together with all equipment, labor, services
and materials furnished hereunder is defined as the “Expansion Project.”
2.2 Extent of Agreement. This Agreement consists of the following documents, and all
exhibits, schedules, appendices and attachments hereto and thereto (collectively, the “Contract
Documents”):
2.2.1 All written modifications, amendments and change orders to this Agreement.
2.2.2 This Agreement, including all exhibits and attachments, executed by Owner and
Design-Builder, including those below:
List of Exhibits
Exhibit A Performance Guarantee Criteria
Exhibit B Project Scope
Exhibit C Owner’s Responsibilities
Exhibit D ICM
License Agreement
Exhibit E Schedule of Values
Exhibit F Form of Informational Report
Exhibit G Required Permits
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Exhibit H Form of Performance Bond
Exhibit I Form of Payment Bond
Exhibit J Draw (Payment) Schedule
Exhibit K Air Emissions Application or Permit
Exhibit L Pre-Engineering Agreement
Exhibit M Form of Application for Payment
Exhibit N Form of Lien Waiver
2.2.3 Construction Documents to be prepared by Design-Builder pursuant to Section 3.2.1 shall
be incorporated in this Agreement.
2.3 Conflicting Provisions. In the event of any conflict or inconsistency between the body of
this Agreement and any Exhibit or Schedule hereto, the terms and provisions of this Agreement, as
amended from time to time, shall prevail and be given priority. Subject to the foregoing, the
several documents and instruments forming part of this Agreement are to be taken as mutually
explanatory of one another and in the case of ambiguities or discrepancies within or between such
parts the same shall be explained and interpreted, if possible, in a manner which gives effect to
each part and which avoids or minimizes conflicts among such parts. No oral representations or
other agreements have been made by the Parties except as specifically stated in the Contract
Documents.
Article 3
Design-Builder Responsibilities
3.1 Design-Builder’s Services in General. Except for services and information to be provided
by Owner and specifically set forth in Article 4 and Exhibit C, Design-Builder shall perform or
cause to be performed all design, engineering, procurement, construction services, supervision,
labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other
temporary facilities to complete construction of the Expansion Project consistent with the Contract
Documents (the “Work”). All design and engineering and construction services and other
Work of the Design-Builder shall be performed in accordance with (i) the Expansion Project Scope as
set forth in Exhibit B, (ii) the Construction Documents, (iii) all Legal Requirements, and (iv)
generally accepted construction and design-build standards of the fuel ethanol industry in the
Midwest United States during the relevant time period. Any design and engineering or other
professional service to be performed pursuant to this Agreement, which under Applicable Law must be
performed by licensed personnel, shall be performed by licensed personnel as required by Law. The
enumeration of specific duties and obligations to be performed by the Design-Builder under the
Contract Documents shall not be construed to limit in any way the general undertakings of the
Design-Builder as set forth herein. Design-Builder’s Representative shall be reasonably available
to Owner and shall have the necessary expertise and experience required to supervise the Work.
Design-Builder’s Representative shall communicate regularly with Owner and shall be vested with the
authority to act on behalf of Design-Builder.
3.2 Design Development and Services.
3.2.1 Where required by Law, Design-Builder shall provide through qualified, licensed design
professionals employed by Design-Builder, or procured from qualified,
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independent licensed Design
Consultants, the necessary design services, including architectural, engineering and other design
professional services, for the preparation of the required drawings, specifications and other
design submittals required to permit construction of the Work in accordance with this Agreement
(such drawings, specifications and design submittals collectively the “Construction
Documents”). To the extent not prohibited by Legal Requirements, Design-Builder may prepare
Construction Documents for a portion of the Work to permit construction to proceed on that portion
of the Work prior to completion of the Construction Documents for the entire Work.
3.2.2 Construction of the Expansion Plant shall be consistent with the Construction Documents.
3.2.3 Design-Builder shall maintain a current, complete set of drawings and specifications at
the Site. Owner shall have the right to review such drawings and specifications. Owner and
Independent Engineer may not make copies of the available drawings and specifications without
Design-Builder’s written permission, and, granted such permission, may only do so to the extent
such drawings and specifications directly pertain to the Expansion Plant; provided however that,
pursuant to Section 5.1 of this Agreement, Design-Builder retains ownership of and property
interests in any drawing or specifications made available and/or copied.
3.2.4 Except as provided elsewhere in this Agreement, it is understood and agreed that review,
comment and/or approval by Owner (or its designees) or Independent Engineer of any documents or
submittals that Design-Builder is required to submit to Owner (or its designees) or Independent
Engineer hereunder for their review, comment and/or approval (including without limitation the
Construction Documents pursuant to Sections 3.2.1 and 3.2.3 hereof) shall not relieve or release
Design-Builder from any of its duties, obligations or liabilities provided for under the terms of
this Agreement or transfer any design liability from Design-Builder to Owner.
3.3 Standard of Care. All services performed by the Design-Builder and its Subcontractors
pursuant to the Construction Documents shall be performed in accordance with the standard of care
and skill generally accepted in the fuel ethanol industry in the Midwest United States during the
relevant time period or in accordance with any of the practices, methods and acts that in the
exercise of reasonable judgment in light of the facts known at the time the decision was made, could have
been expected to accomplish the desired result at a reasonable cost consistent with good business
practices, safety and expedition. This standard of care is not intended to be limited to the
optimum practice, method or act to the exclusion of all others, but rather to be acceptable
practices, methods or acts generally accepted in the construction and design-build standards of the
fuel ethanol industry in the Midwest United States. Design-Builder and its Subcontractors shall
perform all construction activities efficiently and with the requisite expertise, skill,
competence, resources and care to satisfy the requirements of the Contract Documents and all
applicable Legal Requirements. Design-Builder shall at all times exercise complete and exclusive
control over the means, methods, sequences and techniques of construction.
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3.4 Government Approvals and Permits. Except as identified in Exhibit C and, with respect to
items identified as Owner’s responsibility, in Exhibit G (which items shall be obtained by Owner
pursuant to Section 4.5), Design-Builder shall obtain and pay for all necessary permits, approvals,
licenses, government charges and inspection fees required for the prosecution of the Work by any
government or quasi-government entity having jurisdiction over the Expansion Project.
Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals
and licenses that are Owner’s responsibility.
3.5 Subcontractors.
3.5.1 Design-Builder may subcontract portions of the Work in accordance with the terms hereof.
3.5.2 Design-Builder assumes responsibility to Owner for the proper performance of the Work of
Subcontractors and any acts and omissions in connection with such performance. Nothing in the
Contract Documents is intended or deemed to create any legal or contractual relationship between
Owner and any Subcontractor, including but not limited to any third-party beneficiary rights.
3.5.3 Design-Builder shall coordinate the activities of all of Design-Builder’s
Subcontractors. If Owner performs other work on the Expansion Project or at the Site with separate
contractors under Owner’s control, Design-Builder agrees to reasonably cooperate and coordinate its
activities with those separate contractors so that the Expansion Project can be completed in an
orderly and coordinated manner without unreasonable disruption.
3.5.4 Design-Builder shall ensure that each subcontract with a Subcontractor is assignable to
Owner without consent of the Subcontractor or any other person or entity in the event that
Design-Builder shall be in an uncured default or terminated with cause under the terms of this
Agreement.
3.6 Maintenance of Site. Design-Builder shall keep the Site reasonably free from debris,
trash and construction wastes to permit Design-Builder to perform its construction services
efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial
Completion of the Work Design-Builder shall remove all debris, trash, construction wastes,
materials, equipment, machinery and tools arising from the Work to permit Owner to occupy the
Expansion Project for its intended use.
3.7 Project Safety.
3.7.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as
to prevent damage, injury or loss to (i) any individuals at the Site, whether working or visiting,
(ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or
off-Site, and (iii) any other property at the Site or adjacent thereto. Design-Builder assumes
responsibility for implementing and monitoring all safety precautions and programs related to the
performance of the Work. Design-Builder shall, prior to commencing construction, designate a
representative (the “Safety Representative”) with the necessary qualifications and
experience to supervise the implementation and monitoring of all safety precautions and programs
related to the Work. Unless otherwise required by the Contract
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Documents, Design-Builder’s Safety
Representative shall be an individual stationed at the Site who may have responsibilities on the
Expansion Project in addition to safety. The Safety Representative shall make routine daily
inspections of the Site and shall hold weekly safety meetings with Design-Builder’s personnel,
Subcontractors and others as applicable.
3.7.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to
safety, as well as any Owner-specific safety requirements set forth in the Contract Documents;
provided, that such Owner-specific requirements do not violate any applicable Legal Requirement.
As promptly as practicable, Design-Builder will report in writing any safety-related injury, loss,
damage or accident arising from the Work to Owner’s Representative and, to the extent mandated by
Legal Requirements, to all government or quasi-government authorities having jurisdiction over
safety-related matters involving the Expansion Project or the Work.
3.7.3 Design-Builder’s responsibility for safety under this Section 3.7 is not intended in any
way to relieve Subcontractors of their own contractual and legal obligations and responsibility for
(i) complying with all Legal Requirements, including those related to health and safety matters,
and (ii) taking all necessary measures to implement and monitor all safety precautions and programs
to guard against injury, losses, damages or accidents resulting from their performance of the Work.
3.8 Submission of Reports. Design-Builder shall provide Owner with a monthly informational
report substantially in the form of Exhibit F attached hereto (“Informational Report”).
3.9 Training. At a mutually agreed time prior to start-up, Design-Builder shall provide any
necessary training at the PVFE Plant (or other location) for all of Owner’s employees required for
the operation and maintenance of the Expansion Plant in accordance with all design specifications
therefor contained in the Contract Documents and necessary in order to maintain the Performance
Guarantee Criteria, including operators, laboratory personnel, general, plant and maintenance
managers. Other personnel of Owner may receive such off-Site training by separate arrangement
between Owner and Design-Builder and as time is available. All training personnel and costs
associated with such training personnel, including labor and all training materials will be
provided to Owner within the Contract Price at no additional cost. Owner will be responsible for
all travel and expenses of their employees and the Owner will pay all wages and all other expenses
for their personnel during the training. The training services will include training on computers,
laboratory procedures, field operating procedures, and overall plant section performance
expectations. Prior to the start-up training, Design-Builder shall provide Owner training manuals
and operating manuals and other documents reasonably necessary for the start-up process.
3.10 Integration of Expansion Plant into PVFE Plant. Design-Builder shall coordinate with
Owner the timely and full integration of installation and start-up of the Expansion Plant into the
PVFE Plant so as to coincide as much as possible with the periods of non-operation (whether
scheduled or otherwise) of the PVFE Plant. Design-Builder shall perform all services reasonably
necessary to fully integrate the Expansion Plant into the PVFE Plant so that the Expansion Plant
operates in accordance with the Contract Documents and
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maintains the Performance Guarantee
Criteria. However, Design-Builder makes no guarantees as to, and shall not be held liable for, any
effect the design, construction, and integration of the Expansion Plant shall have on the
performance of the Plant during Design-Builder’s performance of the services provided pursuant to
this Agreement.
Article 4
Owner’s Responsibilities
4.1 Duty to Cooperate.
4.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and
perform its responsibilities, obligations and services in a timely manner to facilitate
Design-Builder’s timely and efficient performance of the Work and so as not to delay or interfere
with Design-Builder’s performance of its obligations under the Contract Documents.
4.1.2 Owner shall pay all reasonable costs incurred by Design-Builder for frost removal so
that winter construction can proceed. Such costs may include but are not limited to, equipment
costs, equipment rental costs, sheltering costs, special material costs, fuel costs and associated
labor costs. Owner acknowledges and agrees that such costs are in addition to, and not included
in, the Contract Price, and that the payment of such costs, which shall be billed on a
weekly basis, shall not require the issuance of a Change Order or the obtaining of any Owner
approval prior to the issuance of invoices for such costs.
4.2 Furnishing of Services and Information.
4.2.1 Prior to the issuance of the Notice to Proceed, at its own cost and expense, Owner shall
provide the following items to Design-Builder for Design-Builder’s information and use and, all of
which Design-Builder is entitled to rely upon in performing the Work:
|
(a) |
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surveys describing the property, boundaries, topography and reference points
for use during construction, including existing service and utility lines; |
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(b) |
|
geotechnical studies describing subsurface conditions including soil borings,
and other surveys describing other latent or concealed physical conditions at the Site; |
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(c) |
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temporary and permanent easements, zoning and other requirements and
encumbrances affecting land use, or necessary to permit the proper design and
construction of the Expansion Project and enable Design-Builder to perform the Work; |
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(d) |
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A legal description of the Site; |
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(e) |
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to the extent available, as-built and record drawings of any existing
structures at the Site, including modifications since the original construction of the
PVFE Plant; and |
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|
(f) |
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all environmental studies, reports and impact statements describing the
environmental conditions, including Hazardous Conditions, in existence at the Site that
have been conducted or performed. |
4.2.2 Owner shall provide to Design-Builder all Owner’s deliverables under Exhibit C pursuant
to Owner’s Milestones. Such deliverables shall be provided, at Owner’s own cost and expense, for
Design-Builder’s information and use. Design-Builder is entitled to rely upon such deliverables in
performing the Work.
4.2.3 Owner is responsible for securing and executing all necessary agreements with adjacent
land or property owners that are necessary to enable Design-Builder to perform the Work and that
have been identified and notified in writing by Design-Builder to Owner prior to the Effective
Date. Owner is further responsible for all costs, including attorneys’ fees, incurred in securing
these necessary agreements.
4.3 Financial Information; Cooperation with Lenders; Failure to Obtain Financial Closing.
Design-Builder acknowledges that Owner is seeking financing for the Expansion Project.
Design-Builder agrees to cooperate with Owner in good faith in order to satisfy the reasonable
requirements of Owners’ financing arrangements, including, where appropriate and reasonable,
the execution and delivery of documents or instruments necessary to accommodate the Financial
Closing. Owner agrees to pay all documented costs incurred by Design-Builder incurred prior to and
at Financial Closing, and thereafter during the term of this Agreement, in connection with
satisfying the requirements of Owners’ financing arrangements including all documented attorney’s
fees. Design-Builder and Owner also acknowledge that the Lenders, as a condition to providing
financing for the Expansion Plant, shall require Owner to provide the Independent Engineer with
certain reasonable participation and review rights with respect to Design-Builder’s performance of
the Work. Design-Builder acknowledges and agrees that such reasonable participation and review
rights shall consist of the right to (i) enter the Site and inspect the Work upon reasonable notice
to Design-Builder; (ii) attend all start-up and testing procedures; and (iii) review and approve
such other items for which Owner is required by Lenders to obtain the concurrence, opinion or a
certificate of the Independent Engineer or the Lenders pursuant to the Financing Documents which
items do not alter the rights or impose additional obligations on Design-Builder. Nothing in this
Section 4.3 shall be deemed to require Design-Builder to agree to any amendments to this Agreement
that would adversely affect Design-Builder’s risks, rights or obligations under this Agreement.
Upon Financial Closing, Owner shall promptly provide to Design-Builder an officer’s certificate
certifying that Financial Closing has occurred and such Owner’s officer’s certificate shall
constitute evidence satisfactory to Design-Builder that Owner has adequate funds available and
committed to fulfill its obligations under the Contract Documents for all purposes hereunder.
Owner must provide such officer’s certificate prior to issuing the Notice to Proceed.
4.4 Owner’s Representative. Owner’s Representative, as set forth in Section 16.1 hereof,
shall be responsible for providing Owner-supplied information and approvals in a timely manner to
permit Design-Builder to fulfill its obligations under the Contract Documents. Owner’s
Representative shall also provide Design-Builder with prompt notice if it observes any failure on
the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions
or defects in the performance of the Work. Owner’s Representative shall be vested
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with the
authority to act on behalf of Owner and Design-Builder shall be entitled to rely on written
communication from Owner’s Representative with respect to an Expansion Project matter.
4.5 Government Approvals and Permits. Owner shall obtain and pay for all necessary
Governmental Approvals required by Law, including permits, approvals, licenses, government charges
and inspection fees set forth in Exhibit C and, to the extent identified as Owner’s responsibility,
Exhibit G. Owner shall provide reasonable assistance to Design-Builder in obtaining those permits,
approvals and licenses that are Design-Builder’s responsibility pursuant to Exhibit G and Section
3.4.
4.6 Owner’s Separate Contractors. Owner is responsible for all work, including such work
listed on Exhibit C, performed on the Expansion Project or at the Site by separate contractors
under Owner’s control. Owner shall contractually require its separate contractors to cooperate
with, and coordinate their activities so
as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete
the Work consistent with the Contract Documents.
4.7 Security.
4.7.1 Owner shall be responsible for Site security (including fencing, alarm systems, security
guarding services and the like) at all times during the term of this Agreement to prevent
vandalism, theft and danger to the Expansion Project, the Site, and personnel. Owner shall
coordinate and supervise ingress and egress from the Site so as to minimize disruption to the Work.
4.7.2 Design-Builder shall at all times conduct its operations in a manner to minimize the
risk of loss, theft, or damage by vandalism, sabotage, or any other means. Design-Builder shall
continuously inspect all Work, materials, and equipment to discover and determine any conditions
that might involve such risks and shall be solely responsible for discovery, determination, and
correction of any such conditions.
Article 5
Ownership of Work Product; Risk of Loss
5.1 Work Product. All drawings, specifications, calculations, data, notes and other materials
and documents, including electronic data furnished by Design-Builder to Owner under this Agreement
(“Work Product”) shall be instruments of service and Design-Builder shall retain the
ownership and property interests therein, including the copyrights thereto.
5.2 Owner’s Limited License Upon Payment in Full. Upon Owner’s payment in full for all Work
performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use
the Work Product in connection with Owner’s occupancy and repair of the Expansion Plant.
Design-Builder acknowledges and agrees that the limited license to use the Work Product granted
hereby shall provide Owner sufficient rights in and to the Work Product as shall be necessary for
Owner to operate and maintain the Expansion Plant and shall include any Pass Through Warranties in
connection therewith. Design-Builder shall provide Owner with a copy of the plans of the Expansion
Plant, as built, (the “As Built Plans”) conditioned on
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Owner’s express understanding that
its use of the Work Product and its acceptance of the As Built Plans is at Owner’s sole risk and
without liability or legal exposure to Design-Builder or anyone working by or through
Design-Builder, including Design Consultants of any tier (collectively the “Indemnified
Parties”); provided, however, that any performance guarantees, and warranties (of equipment or
otherwise) shall remain in effect according to the terms of this Agreement.
5.2.1 Design-Builder is utilizing certain proprietary property and information of ICM in the
design and construction of the Expansion Project, and Design-Builder may
incorporate proprietary property and information of ICM into the Work Product. Owner’s use of
the proprietary property and information of ICM shall be governed by the terms and provisions of
the ICM
License Agreement, to be executed by Owner and ICM in connection with the execution of this
Agreement. Owner shall be entitled to use the Work Product solely for purposes relating to the
Expansion Plant, but shall not be entitled to use the Work Product for any other purposes
whatsoever, including without limitation, expansion of the Expansion Plant. Notwithstanding the
foregoing sentence, Owner shall be entitled to use the Work Product for the operation, maintenance
and repair of the Expansion Plant including the interconnection of, but not the design of, any
future expansions to the Expansion Plant. The limited license granted to Owner under Sections 5.2,
5.3 or 5.4 to use the Work Product shall be limited by and construed according to the same terms
contained in the ICM
License Agreement attached hereto as Exhibit D and incorporated herein by
reference thereto, except (i) references in such ICM
License Agreement to ICM and Proprietary
Property shall refer to Design-Builder and Work Product, respectively, (ii) the Laws of the State
of
Minnesota shall govern such limited license, and (iii) the dispute resolution provisions
contained in Article 19 hereof shall apply to any breach or threatened breach of Owner’s duties or
obligations under such limited license, except that Design-Builder shall have the right to seek
injunctive relief in a court of competent jurisdiction against Owner or its Representatives for any
such breach or threatened breach. This paragraph also applies to Sections 5.3 and 5.4 below.
5.3 Owner’s Limited License Upon Owner’s Termination for Convenience or Design-Builder’s
Election to Terminate. If Owner terminates the Expansion Project for its convenience as set forth
in Section 15.3 hereof, or if Design-Builder elects to terminate this Agreement in accordance with
Section 15.5, Design-Builder shall, upon Owner’s payment in full of the amounts due Design-Builder
under this Agreement, grant Owner a limited license to use the Work Product to complete the
Expansion Plant and subsequently occupy and repair the Expansion Plant, subject to the following:
|
(a) |
|
Use of the Work Product is at Owner’s sole risk without liability or legal
exposure to any Indemnified Party; provided, however, that any Pass Through Warranties
regarding equipment or express warranties regarding equipment provided by this
Agreement shall remain in effect according to their terms; and |
|
|
(b) |
|
If the termination for convenience is by Owner in accordance with Section 15.3
hereof, or if Design-Builder elects to terminate this Agreement in accordance with
Section 15.5, then Owner agrees to pay Design-Builder the additional sum of One Million
Two Hundred Fifty Thousand Dollars ($1,250,000.00) as compensation |
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|
|
|
for the limited
right to use the Work Product completed “as is” on the date of termination in
accordance with this Article 5. |
5.4 Owner’s Limited License Upon Design-Builder’s Default. If this Agreement is terminated
due to Design-Builder’s default pursuant to Section 15.2 and (i) it is adjudged that Design-Builder
was in default, and (ii) Owner has fully satisfied all of its obligations under the Contract
Documents through the time of Design-Builder’s default, then
Design-Builder shall grant Owner a limited license to use the Work Product in connection with
Owner’s completion and occupancy and repair of the Expansion Plant. This limited license is
conditioned on Owner’s express agreement that its use of the Work Product is at Owner’s sole risk
without liability or legal exposure to any Indemnified Party; provided, however, that any Pass
Through Warranties regarding equipment or express warranties regarding equipment provided by this
Agreement shall remain in effect according to their terms. This limited license grants Owner the
ability to repair the Expansion Plant at Owner’s discretion.
5.5 Owner’s Indemnification for Use of Work Product. If Owner uses the Work Product or
Expansion Plant under any of the circumstances identified in this Article 5, to the fullest extent
allowed by Law, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and
against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees,
arising out of or resulting from the use of the Work Product and Expansion Plant; provided,
however, that any Pass Through Warranties regarding equipment or express warranties regarding
equipment provided by this Agreement shall remain in effect according to their terms.
5.6 Risk of Loss. Design-Builder shall have no liability for a physical loss of or damage to
the Work unless such loss or damage is caused by the willful misconduct or gross negligence of
Design-Builder or someone acting under its direction or control. Design-Builder shall not be liable
for physical loss of or damage to the Work where such loss or damage is caused by the willful
misconduct or gross negligence of Owner’s employees or third parties who are not Subcontractors.
Design-Builder shall have no liability for a physical loss of or damage to the Work occurring after
Final Completion. Design-Builder shall have no liability for losses or damages for which insurance
coverage under this Agreement is available to Owner; in such circumstances, any liability for
losses and damages as described in this Section 5.6 shall be limited to losses or damages which
exceed insurance coverage available to the Owner without the application of any reductions from
such coverages due to deductible, retention or retrospective premiums.
Article 6
Commencement and Completion of the Expansion Project
6.1 Pre-Engineering Agreement. Owner shall have entered into that certain Pre-Engineering
Agreement between Owner and Xxxxx Engineering, LLC (“Xxxxx Engineering”) dated April 24,
2006 and attached hereto as Exhibit L (“Pre-Engineering Agreement”). The Pre-Engineering
Agreement provides for Xxxxx Engineering to commence work on the preliminary engineering for the
Expansion Project as set forth therein. Owner has agreed to pay Ninety-Two Thousand Five Hundred
Dollars ($92,500.00) for such engineering services pursuant to the terms of that agreement, the
full amount of which shall be included in and credited to the Contract
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Price. Notwithstanding the
foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial
Closing is not obtained pursuant to Section 4.3, then no amount paid under the Pre-Engineering
Agreement shall be refunded to Owner.
6.2 Notice to Proceed; Commencement. The Work shall commence within five (5) Days of
Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”)
unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s
Notice to Proceed cannot be given until: *****. Owner and Design-Builder mutually agree that time
is of the essence with respect to the dates and times set forth in the Contract Documents.
Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180)
Days of the Effective Date; otherwise, this Agreement may be terminated at Design-Builder’s sole
option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the
immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.
6.2.1 Notice to Proceed shall be delivered by Owner to Design-Builder pursuant to the notice
requirements set forth in Section 21.7 hereof, with a copy to:
Xxxxx, Inc.
000 X. Xxxxxxx 000
P. O. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Attention: Xxxxx Xxxx
Fax: (000) 000-0000
6.3 Expansion Project Start-Up and Testing. Owner shall provide, at Owner’s cost, equipment,
tools, instruments and materials necessary for Owner to comply with its obligations under Exhibit
C, raw materials, consumables and personnel, necessary for start-up and testing of the Expansion
Plant, and Design-Builder shall provide supervision, standard and special test instruments, tools,
equipment and materials required to perform component and equipment checkout and testing, initial
start-up, operations supervision and corrective maintenance of all permanent Expansion Plant
equipment within the scope of the Work. Notwithstanding the foregoing sentence, Design-Builder
shall be responsible for raw materials and consumables to the extent such amounts provided by Owner
are destroyed or damaged (as opposed to consumed in the ordinary course of start-up and testing) by
Design-Builder or its personnel during start-up and testing. Design-Builder shall supervise and
direct Owner’s personnel who shall participate in the start-up activities with Design-Builder’s
personnel to become familiar with all aspects of the Expansion Plant. Owner and the Independent
Engineer may witness start-up and testing activities. Performance testing will be conducted in
accordance with the provisions of Section 7.2 hereof.
6.4 Substantial Completion.
6.4.1 Substantial Completion of the entire Work shall be achieved no later than Four Hundred
and Eighty Five (485) Days after the date of the Notice to Proceed, subject to
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adjustment in
accordance with the Contract Documents hereof (the “Scheduled Substantial Completion
Date”).
6.4.2 “Substantial Completion” shall be deemed to occur on the date on which the Work is
sufficiently complete so that Owner can occupy and use the Expansion Plant for its intended
purposes. Substantial Completion shall be attained at the point in time when the Expansion Plant
is ready to grind the first batch of corn and begin operation for its intended use. No production
is guaranteed on the date of Substantial Completion.
6.4.3 Procedures. Design-Builder shall notify Owner in writing when it believes Substantial
Completion has been achieved with respect to the Work. Within five (5) Days of Owner’s receipt of
Design-Builder’s notice, Owner and Design-Builder will jointly inspect such Work to verify that it
is substantially complete in accordance with the requirements of the Contract Documents. If such
Work is deemed substantially complete, Design-Builder shall prepare and issue a “Certificate of
Substantial Completion” for the Work that will set forth (i) the date of Substantial Completion,
(ii) the remaining items of Work that have to be completed before Final Payment (“Punch
List”), (iii) provisions (to the extent not already provided in this Agreement) establishing
Owner’s and Design-Builder’s responsibility for the Expansion Project’s security, maintenance,
utilities and insurance pending Final Payment, and (iv) an acknowledgment that warranties with
respect to the Work commence on the date of Substantial Completion, except as may otherwise be
noted in the Certificate of Substantial Completion. Upon Substantial Completion of the entire Work
and satisfaction of the Performance Guarantee Criteria listed in Exhibit A, Owner shall release to
Design-Builder all retained amounts less an amount equal to the reasonable value of all remaining
or incomplete items of Work as noted in the Certificate of Substantial Completion, and less an
amount equal to the value of any Subcontractor lien waivers not yet obtained.
6.5 Final Completion.
6.5.1 Final Completion of the Work shall be achieved within Ninety (90) Days after the date of
Substantial Completion (the “Final Completion Date”).
6.5.2 “Final Completion” shall be achieved when the Owner reasonably determines that
the following conditions have been met:
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(a) |
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Substantial Completion has been achieved; |
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(b) |
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any outstanding amounts owed by Design-Builder to Owner have been paid in full; |
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(c) |
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the items identified on the Punch List have been completed by Design-Builder; |
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(d) |
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clean-up of the Site has been completed; |
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(e) |
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all permits required to have been obtained by Design-Builder have been
obtained; |
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(f) |
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the information in Section 6.5.4 has been provided to Owner; |
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(g) |
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release and waiver of all claims and liens from Design-Builder and
Subcontractors have been provided; and |
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(h) |
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the Performance Tests have been successfully completed. |
6.5.3 After receipt of a Final Application for Payment from Design-Builder, Owner shall make
Final Payment in accordance with Section 10.3, less an amount equal to the value of any
Subcontractor lien waivers not yet obtained.
6.5.4 At the time of submission of its Final Application for Payment, Design-Builder shall
provide the following information:
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(a) |
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an affidavit that there are no claims, obligations or liens outstanding or
unsatisfied for labor, services, material, equipment, taxes or other items performed,
furnished or incurred for or in connection with the Work which will in any way affect
Owner’s interests; |
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(b) |
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a general release executed by Design-Builder waiving, upon receipt of final
payment by Design-Builder, all claims for payment, additional compensation, or damages
for delay, except those previously made to Owner in writing and remaining unsettled at
the time of Final Payment provided such general release shall not waive defenses to
claims that may be asserted by Owner after payment or claims arising after payment; |
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(c) |
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consent of Design-Builder’s surety, if any, to Final Payment; and |
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(d) |
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a hard copy of the As Built Plans; provided, however, that such plans will
remain the Work Product of the Design-Builder and subject in all respects to Article 5. |
6.5.5 Upon making Final Payment, Owner waives all claims against Design-Builder except claims
relating to (i) Design-Builder’s failure to satisfy its payment obligations, (ii) Design-Builder’s
failure to complete the Work consistent with the Contract Documents, including defects appearing
within one (1) year after Substantial Completion, and (iii) the terms of any warranties required by
the Contract Documents.
6.6 Failure to Attain Timely Final Completion. Owner agrees and hereby acknowledges that it has
waived any and all claims and damages against Design-Builder, including without limitation any and
all costs, losses, expenses, and
carrying charges, incurred as a result of Design-Builder’s failure to timely attain Final
Completion by the Final Completion Date.
6.7 Post Completion Support. 6.7.1 Adequate personnel to complete all Work within the
Contract Time(s) will be maintained on-Site by Design-Builder or a Subcontractor until Final
Completion has been achieved. In addition to prosecuting the Work until Final Completion has been
achieved, Design-Builder or its Subcontractor will provide one (1) month of on-Site operational
support for Owner’s personnel after successful completion of the Performance Tests and, from the
date of Substantial Completion, will provide six (6) months of off-Site technical
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18
and operating
procedure support by telephone and other electronic data transmission and communication.
Article 7
Performance Testing
7.1 Performance Guarantee. The Design-Builder guarantees that the Expansion Plant will meet
the performance criteria listed in Exhibit A (the “Performance Guarantee Criteria”)
during a performance test conducted and concluded pursuant to the terms hereof not later than
Ninety (90) Days after the date of Substantial Completion. If there is a performance shortfall,
Design-Builder will pay all design and construction costs associated with making the necessary
corrections. Design-Builder retains the right to use its sole discretion in determining the method
(which shall be in accordance with generally accepted construction and design-build standards of
the fuel ethanol industry in the Midwest United States) to remedy any performance related issues.
7.2 Performance Testing.
7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests
of the Expansion Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester
shall conduct the air emissions test, in each case, in accordance with the testing procedures set
forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with
the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for
ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air
Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be
held responsible for the actions of Owner’s employees and third parties involved in the Performance
Testing, including but not limited to Air Emissions Tester.
7.2.2 No later than thirty (30) Days prior to the earlier of the Scheduled Substantial
Completion Date or Substantial Completion, Design-Builder shall provide to Owner for review a
detailed testing plan for the Performance Tests (other than for air emissions). Owner and
Design-Builder shall agree upon a testing plan that shall be consistent with the Performance Test
Protocol contained in Exhibit A hereto. After such agreement has been reached, Design-Builder
shall notify the Owner five (5) business days prior to the date Design-Builder intends to commence
the Performance Tests and shall notify the Owner upon
commencement of the Performance Tests. Owner and Independent Engineer each have the right to
witness all testing, including the Performance Tests and any equipment testing, whether at the Site
or at the Subcontractor’s or equipment supplier’s premises during the course of this Agreement.
Notwithstanding the foregoing sentence, Owner shall bear the costs of providing a witness to any
such testing and all such witnesses shall comply at all times with Design-Builder’s,
Subcontractor’s or equipment supplier’s safety and security procedures and other reasonable
requirements, and otherwise conduct themselves in a manner that does not interfere with
Design-Builder’s, Subcontractor’s or equipment supplier’s activities or operations.
7.2.3 Design-Builder shall provide to Owner a Performance Test report (excluding results from
air emissions testing), including all applicable test data, calculations and certificates
indicating the results of the Performance Tests and, within five (5) business days of
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Owner’s
receipt of such results, Owner and Design-Builder will jointly inspect such Work and review the
results of the Performance Tests to verify that the Performance Guarantee Criteria have been met.
If Owner reasonably determines that the Performance Guarantee Criteria have not been met, Owner
shall notify Design-Builder the reasons why Owner determined that the Performance Guarantee
Criteria have not been met and Design-Builder shall promptly take such action or perform such
additional work as will achieve the Performance Guarantee Criteria and shall issue to the Owner
another notice in accordance with Section 7.2.2; provided however that if the notice relates to a
retest, the notice may be provided no less than two (2) business days prior to the Performance
Tests. Such procedure shall be repeated as necessary until Owner verifies that the Performance
Guarantee Criteria have been met.
7.2.4 If Owner, for whatever reason, including without limitation, Owner’s failure to perform
maintenance or provide supplies necessary for start-up, testing, and demonstration of the
Performance Guarantee Criteria for the Expansion Plant, prevents Design-Builder from demonstrating
the Performance Guarantee Criteria within thirty (30) Days of Design-Builder’s notice that the
Expansion Plant is ready for Performance Testing, then Design-Builder shall be excused from
demonstrating compliance with the Performance Guarantee Criteria during such period of time that
Design-Builder is prevented from demonstrating compliance with the Performance Guarantee Criteria;
provided however that Design-Builder will be deemed to have fulfilled all of its obligations to
demonstrate that the Expansion Plant meets the Performance Guarantee Criteria should such period of
time during which Design-Builder is prevented from demonstrating the Performance Criteria exceed
thirty (30) Days or extend ninety (90) days beyond Substantial Completion.
7.3 Bonds and Other Performance Security.
7.3.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder
shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance
Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of
Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one
half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one
half percent (7.5%) times the cost of the Performance Bond. Any
amounts payable to the surety due to Design-Builder’s default under this Agreement or the
Performance Bond shall be for the account of Design-Builder.
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(a) |
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Design-Builder shall post additional bonds or security (which must be in form
and substance satisfactory to Owner and the Lenders) or shall increase the amount of
the Performance Bond by the amount of any increases to the Contract Price; provided,
however, that Owner shall pay all costs of obtaining such bonds or security, plus pay
Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bonds or
security, such fee to be calculated by multiplying seven and one half percent (7.5%)
times the cost of the bonds or security. |
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(b) |
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The Performance Bond shall secure the Design-Builder’s obligations to complete
the Work in accordance with this Agreement. |
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7.3.2 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder
shall deliver to Owner a bond substantially in the form attached as Exhibit I (the “Payment
Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of
Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one
half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one
half percent (7.5%) times the cost of the Payment Bond but any amounts payable to the surety due to
Design-Builder’s default under this Agreement or the Payment Bond shall be for the account of
Design-Builder.
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(a) |
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Design-Builder shall post additional bonds or security (which must be in form
and substance reasonably satisfactory to Owner and the Lenders) or shall increase the
amount of the Payment Bond by the amount of any increase to the Contract Price. |
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(b) |
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The Payment Bond shall secure the Design-Builder’s obligations to pay its
Subcontractors, vendors and suppliers. |
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(c) |
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The Payment Bond shall provide the conditions upon which Subcontractors,
vendors and suppliers may draw upon such Payment Bond following Design-Builder’s
failure to pay amounts due such Subcontractors, vendors and suppliers. |
Article 8
Warranties
8.1 Design-Builder Warranty. Design-Builder warrants to Owner that the construction,
including all materials and equipment furnished as part of the construction, shall be new, of good
quality, in conformance with the Contract Documents and all Legal Requirements, free of defects in
materials and workmanship. Design-Builder’s warranty obligation excludes defects caused by abuse,
alterations, or failure to maintain the Work by persons other than Design-Builder or anyone for
whose acts Design-Builder may be liable. Nothing in this warranty is intended to limit any
Manufacturer’s Warranty which provides Owner with greater warranty rights than set forth in this
Section 8.1 or the Contract Documents. Design-Builder will provide to Owner all
manufacturers’ and Subcontractors’ warranties upon the earlier of Substantial Completion or
termination of this Agreement. Owner’s failure to comply with all Operating Procedures shall void
those guarantees, representations and warranties, whether expressed or implied, that were given by
Design-Builder to Owner, concerning the performance of the Expansion Plant that are reasonably
determined by Design-Builder to be affected by such failure. If Design-Builder reasonably
determines that all damage caused by such failure can be repaired and Owner makes all repairs
needed to correct such damage, as reasonably determined by Design-Builder, all guarantees,
representations and warranties shall be reinstated for the remaining term thereof, if any, from the
date of the repair.
8.2 Correction of Defective Work.
8.2.1 Design-Builder agrees to correct any Work that is found to not be in conformance with
the Contract Documents, including that part of the Work subject to Section 8.1, within a period of
one (1) year from the date of Substantial Completion of the Work;
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provided that Owner must report
such non-conformance within seven (7) days of the appearance of such failure or non-conformance and
that such one (1)-year period shall be extended one (1) Day for any part of the Work that is found
to be not in conformance with the Contract Documents for each Day that such part of the Work is not
operating in conformity with the Contract Documents, including any time during which any part of
the Work is repaired or replaced pursuant to this Article 8.
8.2.2 Design-Builder shall, within seven (7) Days of receipt of written notice from Owner that
the Work is not in conformance with the Contract Documents, take meaningful steps to commence
correction of such nonconforming Work, including the correction, removal or replacement of the
nonconforming Work and correction or replacement of any Work damaged by such nonconforming Work.
If Design-Builder fails to commence the necessary steps within such seven (7) Day period or fails
to continue to perform such steps through completion, Owner, in addition to any other remedies
provided under the Contract Documents, may provide Design-Builder with written notice that Owner
will commence or assume correction of such nonconforming Work and repair of such damaged Work with
its own resources. If, following such written notice, Owner performs such corrective and repair
Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing
the correction.
8.3 Warranty Period Not Limitation to Owner’s Rights. The one (1)-year period referenced in
Section 8.2 above applies only to Design-Builder’s obligation to correct nonconforming Work and is
not intended to constitute a period of limitations for any other rights or remedies Owner may have
regarding Design-Builder’s other obligations under the Contract Documents.
Article 9
Contract Price
9.1 Contract Price. As full consideration to Design-Builder for full and complete performance
of the Work and all costs incurred in connection therewith, Owner shall pay Design-Builder in
accordance with the terms of Article 10, the sum of Forty-two Million Six Hundred Seventy-nine
Thousand Nine and 00/100 Dollars ($42,679,009.00) (“Contract Price”), subject to
adjustments made in accordance with Articles 12.4 and 13. The Contract Price does not include the
water-pretreatment system and the fire protection system which shall be provided by Xxxxx pursuant
to a separate side-letter agreement executed by Owner and Design-Builder at Design-Builder’s
standard time plus material rates during the relevant time period and at the relevant locale.
Owner acknowledges that it has taken no action which would impose a union labor or prevailing wage
requirement on Design-Builder, Owner or the Expansion Project. The Parties acknowledge and agree
that if after the date hereof, action by Owner, a change in Applicable Law or a Governmental
Authority acting pursuant to a change in Applicable Law shall require Design-Builder to employ
union labor or compensate labor at prevailing wages, the Contract Price shall be adjusted upwards
to include any increased costs associated with such labor or wages. Such adjustments shall
include, but not be limited to, increased labor, subcontractor, and material and equipment costs
resulting from any union or prevailing wage requirement; provided, however, that if an option is
made available to either employ union labor,
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April 24, 2006
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or to compensate labor at prevailing wages, such
option shall be at Design-Builder’s sole discretion and that if such option is executed by Owner
without Design-Builder’s agreement, Design-Builder shall have the right to terminate this agreement
and shall be entitled to compensation pursuant to Section 15.3.1 hereof.
Article 10
Payment Procedures
10.1 Payment at Financial Closing. As part of the Contract Price, Owner shall pay
Design-Builder *****, as a mobilization fee, as soon as allowed by its organizational documents and
any other agreements or Laws and at the latest, at the earlier to occur Financial Closing or the
issuance of a Notice to Proceed. Said ***** mobilization fee payment shall be subject to retainage
as provided by Section 10.2.7.
10.2 Progress Payments.
10.2.1 Application for Payment. On or before the twenty-fifth (25th) Day of each month
beginning with the first (1st) month following the Notice to Proceed, Design-Builder shall submit
to Owner its request for payment for all Work performed and not paid for during the previous Pay
Period (the “Application for Payment”). The Application for Payment shall be substantially
in the form attached hereto as Exhibit M. Design-Builder shall submit to Owner, along with each
Application for Payment, signed lien waivers, substantially in the form attached hereto as Exhibit
N, received from Subcontractors and suppliers for the Work included in the Application for Payment
submitted for the immediately preceding Pay Period and for which payment has been received.
10.2.2 The Application for Payment shall constitute Design-Builder’s representation that the
Work has been performed consistent with the Contract Documents and has progressed to the point
indicated in the Application for Payment. The Parties agree that the work completed at the Site,
the comparison of the Application for Payment against the work schedule, and the Schedule of Values
shall provide sufficient substantiation of the accuracy of the Application for Payment and that no
additional documentation will be provided to Owner in support of an Application for Payment. Title
to the Work, including Work reflected in an Application for Payment which is in process, is in
transit, is in storage, or has been incorporated into the Site, shall pass to Owner free and clear
of all claims, liens, encumbrances, and security interests upon Design-Builder’s receipt of payment
therefor.
10.2.3 Within fifteen (15) Days after Owner’s receipt of each Application for Payment, Owner
shall pay Design-Builder all amounts properly due, but in each case less the total of payments
previously made, and less amounts properly withheld under this Agreement.
10.2.4 The Application for Payment may request payment for equipment and materials not yet
incorporated into the Expansion Project; provided that (i) Owner is satisfied that the equipment
and materials are suitably stored at either the Site or another acceptable location, (ii) the
equipment and materials are protected by suitable insurance, and (iii) upon payment, Owner will
receive the equipment and materials free and clear of all liens and
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encumbrances except for liens
of the Lenders and other liens and encumbrances permitted under the Financing Documents.
10.2.5 Schedule of Values. The schedule of values attached hereto as Exhibit E (the
“Schedule of Values”) (i) subdivides the Work into its respective parts, (ii) includes
values for all items comprising the Work, and (iii) serves as the basis for monthly progress
payments made to Design-Builder throughout the Work.
10.2.6 Withholding of Payments. On or before the date set forth in Section 10.2.3, Owner
shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not
entitled to all or part of an Application for Payment, it will notify Design-Builder in writing at
least ten (10) Days prior to the date payment is due. The notice shall indicate the specific
amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the
specific measures Design-Builder must take to rectify Owner’s concerns. Design-Builder and Owner
will attempt to resolve Owner’s concerns prior to the date payment is due. If the Parties cannot
resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including
those under Article 19. Notwithstanding anything to the contrary in the Contract Documents, Owner
shall pay Design-Builder all undisputed amounts in an Application for Payment within the times
required by the Agreement.
10.2.7 Retainage on Progress Payments. Owner will retain five percent (5%) of each payment.
Owner will also reasonably consider reducing retainage for Subcontractors completing their work
early in the Expansion Project. Upon Substantial Completion of the Work pursuant to Section 6.4.3,
Owner shall release to Design-Builder all retained amounts less an amount equal to the reasonable
value of all remaining or incomplete items of Work and less an amount equal to the value of any
Subcontractor lien waivers not yet obtained, as noted in the
Certificate of Substantial Completion, provided that such payment shall only be made if
Design-Builder has met the Performance Guarantee Criteria listed in Exhibit A.
10.3 Final Payment. Design-Builder shall deliver to Owner a request for final payment (the
“Final Application for Payment”) when Final Completion has been achieved in accordance with
Section 6.5. Owner shall make final payment within thirty (30) Days after Owner’s receipt of the
Final Application for Payment (“Final Payment”).
10.4 Failure to Pay Amounts Due.
10.4.1 Interest. Payments which are due and unpaid by Owner to Design-Builder, whether
progress payments or Final Payment, shall bear interest commencing on the date payment is due at
the rate of Eighteen Percent (18%) per annum, or the maximum rate allowed by Law.
10.4.2 Right to Suspend Work. If Owner fails to pay Design-Builder any undisputed amount that
becomes due, Design-Builder, in addition to all other remedies provided in the Contract Documents,
may stop Work pursuant to Section 15.4 hereof. All payments properly due and unpaid shall bear
interest at the rate set forth in Section 10.4.1.
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10.4.3 Failure to Make Final Payment. Owner’s failure to make Final Payment pursuant to
section 10.3 hereof shall void any and all warranties, whether express or implied, provided by
Design-Builder pursuant to this Agreement.
10.5 Design-Builder’s Payment Obligations. Design-Builder will pay Design Consultants and
Subcontractors, in accordance with its contractual obligations to such parties, all the amounts
Design-Builder has received from Owner on account of their work. Design-Builder will impose
similar requirements on Design Consultants and Subcontractors to pay those parties with whom they
have contracted. Design-Builder will indemnify and defend Owner against any claims for payment and
mechanic’s liens as set forth in Section 14.2 hereof.
10.6 Record Keeping and Finance Controls. With respect to changes in the Work performed on a
cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and
detailed accounts and exercise such controls as may be necessary for proper financial management,
using accounting and control systems in accordance with generally accepted accounting principles
and as may be provided in the Contract Documents. During the performance of the Work and for a
period of three (3) years after Final Payment, Owner and Owner’s accountants shall be afforded
access from time to time, upon reasonable notice, to Design-Builder’s records, books,
correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data
relating to changes
in the Work performed on a cost basis in accordance with the Contract Documents, all of which
Design-Builder shall preserve for a period of three (3) years after Final Payment.
Article 11
Hazardous Conditions and Differing Site Conditions
11.1 Hazardous Conditions.
11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work,
Design-Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon
encountering any Hazardous Conditions, Design-Builder will stop Work immediately in the affected
area and as promptly as practicable notify Owner and, if Design-Builder is specifically required to
do so by Legal Requirements, all Governmental Authorities having jurisdiction over the Expansion
Project or Site. Design-Builder shall not remove, remediate or handle in any way (except in case
of emergency) any Hazardous Conditions encountered at the Site without prior written approval of
Owner.
11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall
take the necessary measures required to ensure that the Hazardous Conditions are remediated or
rendered harmless. Such necessary measures shall include Owner retaining Qualified Independent
Experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they
have been encountered, (ii) prescribe the remedial measures that Owner is required under applicable
Legal Requirements to take with respect to such Hazardous Conditions in order for the Work to
proceed. Owner’s choice of such Qualified Independent Experts shall be subject to the prior
approval of Design-Builder, which approval shall not be unreasonably withheld or delayed.
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11.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Expansion
Project only after Owner’s Qualified Independent Expert provides it with written certification that
(i) the Hazardous Conditions have been removed or rendered harmless, and (ii) all necessary
approvals have been obtained from all government entities having jurisdiction over the Expansion
Project or Site and a remediation plan has been undertaken permitting the Work to proceed.
11.1.4 Design-Builder will be entitled, in accordance with this Article 11, to an adjustment
in its Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of
performance have been adversely impacted by the presence of Hazardous Conditions, provided that
such Hazardous Materials were not introduced to the Site by Design-Builder, Subcontractors or
anyone for whose acts they may be liable.
11.1.5 To the fullest extent permitted by Law, Owner shall indemnify, defend and hold harmless
Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any
of them, and their officers, directors, employees and agents, from and against any and all claims,
losses, damages, liabilities and expenses, including attorneys’ fees
and expenses, arising out of or resulting from the presence, removal or remediation of
Hazardous Conditions at the Site.
11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible
for Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for
whose acts they may be liable. Design-Builder shall indemnify, defend and hold harmless Owner and
Owner’s officers, directors, employees and agents from and against all claims, losses, damages,
liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from
those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for
whose acts they may be liable.
11.2 Differing Site Conditions; Inspection.
11.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i)
differ from the conditions indicated in the Contract Documents, or (ii) are of an unusual nature,
differing from the conditions ordinarily encountered and generally recognized as inherent in the
Work are collectively referred to herein as “Differing Site Conditions.” If Design-Builder
encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the
Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of
performance are adversely impacted by the Differing Site Condition.
11.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt
written notice to Owner of such condition, which notice shall not be later than fourteen (14)
business days after such condition has been encountered. Design-Builder shall, to the extent
reasonably possible, provide such notice before the Differing Site Condition has been substantially
disturbed or altered.
Article 12
Force Majeure; Change in Legal Requirements
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12.1 Force Majeure Event. A force Majeure event shall mean a cause or event beyond the
reasonable control of, and without the fault or negligence of a Party claiming Force Majeure,
including, without limitation, an emergency, floods, earthquakes, hurricanes, tornadoes, adverse
weather conditions not reasonably anticipated or acts of God; sabotage; vandalism beyond that which
could reasonably be prevented by a Party claiming Force Majeure; terrorism; war; riots; fire;
explosion; blockades; insurrection; strike; slow down or labor disruptions (even if such
difficulties could be resolved by conceding to the demands of a labor group); economic hardship or
delay in the delivery of materials or equipment that is beyond the control of a Party claiming
Force Majeure, and action or failure to take action by any Governmental Authority after the
Effective Date (including the adoption or change in any rule or regulation or environmental
constraints lawfully imposed by such Governmental Authority), but only if such requirements,
actions, or failures to act prevent or delay performance; and inability, despite due diligence, to
obtain any licenses, permits, or approvals required by any Governmental Authority (any such event,
a “Force Majeure Event”).
12.2 Effect of Force Majeure Event. Neither Party shall be considered in default in the
performance of any of the obligations contained in the Contract Documents, except for the Owners or
the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments
which become due and payable with respect to the period prior to the occurrence of the Force
Majeure Event), when and to the extent the failure of performance shall be caused by a Force
Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations
under the Contract Documents because of a Force Majeure Event, such Party will be excused from
performance affected by the Force Majeure Event to the extent and for the period of time so
affected; provided that:
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(a) |
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the nonperforming Party, within forty-eight (48) hours after the nonperforming
Party actually becomes aware of the occurrence and impact of the Force Majeure Event,
gives the other Party written notice describing the event or circumstance in detail,
including an estimation of its expected duration and probable impact on the performance
of the affected Party’s obligations hereunder, and continues to furnish timely regular
reports with respect thereto during the continuation of and upon the termination of the
Force Majeure Event; |
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(b) |
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the suspension of performance is of no greater scope and of no longer duration
than is reasonably required by the Force Majeure Event; |
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(c) |
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the obligations of either Party that arose before the occurrence causing the
suspension of performance and the performance that is not prevented by the occurrence,
shall not be excused as a result of such occurrence; |
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(d) |
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the nonperforming Party uses its best efforts to remedy its inability to
perform and mitigate the effect of such event and resumes its performance at the
earliest practical time after cessation of such occurrence or until such time that
performance is practicable; |
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(e) |
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when the nonperforming Party is able to resume performance of its obligations
under the Contract Documents, that Party shall give the other Party written notice to
that effect; and |
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(f) |
|
Design-Builder shall be entitled to a Day for Day time extension for those
events set forth in Section 12.1 to the extent the occurrence of such event delayed
Design-Builder’s performance of its obligations under this Agreement. |
12.3 Change in Legal Requirements. The Contract Price and/or the Contract Time(s) shall be
adjusted to compensate Design-Builder for the effects of any changes to the Legal Requirements that
occur after the date of this Agreement and as a result of such change, the performance of the Work
is adversely affected. Such effects may include, without limitation, revisions Design-Builder is
required to make to the Construction Documents because of changes in Legal Requirements.
12.4 Time Impact And Availability. If the Design-Builder is delayed at any time in the commencement or progress of the Work due
to a delay in the delivery of, or unavailability of, essential materials or labor to the Project as
a result of a significant industry-wide economic fluctuation or disruption beyond the control of
and without the fault of the Design-Builder or its Subcontractors which is experienced or expected
to be experienced by certain markets providing essential materials and equipment to the Project
during the performance of the Work and such economic fluctuation or disruption adversely impacts
the price, availability, and delivery timeframes of essential materials, equipment, or labor (such
event an “Industry-Wide Disruption”), the Design-Builder shall be entitled to an equitable
extension of the Contract Time(s) on a day-for-day basis equal to such delay. The Owner and
Design-Builder shall undertake reasonable steps to mitigate the effect of such delays.
Notwithstanding any other provision to the contrary, the Design-Builder shall not be liable to the
Owner for any expenses, losses or damages arising from a delay, or unavailability of, essential
materials or labor to the Project as a result of an Industry-Wide Disruption.
Article 13
Changes to the Contract Price and Scheduled Completion Dates
13.1 Change Orders.
13.1.1 A change order (“Change Order”) is a written instrument issued after execution
of this Agreement signed by Owner and Design-Builder, stating their agreement upon all of the
following:
|
(a) |
|
the scope of the change in the Work; |
|
|
(b) |
|
the amount of the adjustment to the Contract Price; and |
|
|
(c) |
|
the extent of the adjustment to the Contract Time(s). |
13.1.2 All changes in the Work authorized by an applicable Change Order shall be performed
under the applicable conditions of the Contract Documents. Owner and Design-
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April 24, 2006
28
Builder shall
negotiate in good faith and as expeditiously as possible the appropriate adjustments for such
changes. Prior to incurring any costs with respect to estimating services, design services and any
other services involved in the preparation of the proposed revisions to the Contract Documents,
Design-Builder must obtain the written approval of Owner for such costs.
13.1.3 If Owner requests a proposal for a change in the Work from Design-Builder and
subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse
Design-Builder for reasonable costs incurred for estimating services, design services and any other
services involved in the preparation of proposed revisions to the Contract Documents; provided that
such costs were previously approved by Owner pursuant to Section 13.1.2.
13.2 Contract Price Adjustments.
13.2.1 The increase or decrease in Contract Price resulting from a change in the Work shall be
a mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to
permit evaluation by Owner.
13.2.2 If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid
for any services required by Owner, or if there are any other disagreements over the scope of Work
or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant
to Article 19 hereof. As part of the negotiation process, Design-Builder shall furnish Owner with
a good faith estimate of the costs to perform the disputed services in accordance with Owner’s
interpretations. If the Parties are unable to agree and Owner expects Design-Builder to perform
the services in accordance with Owner’s interpretations, Design-Builder shall proceed to perform
the disputed services, conditioned upon Owner issuing a written order to Design-Builder (i)
directing Design-Builder to proceed, and (ii) specifying Owner’s interpretation of the services
that are to be performed. If this occurs, Design-Builder shall be entitled to submit in its
Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct
cost to perform the services, and Owner agrees to pay such amounts, with the express understanding
that (x) such payment by Owner does not prejudice Owner’s right to argue that it has no
responsibility to pay for such services, and (y) receipt of such payment by Design-Builder does not
prejudice Design-Builder’s right to seek full payment of the disputed services if Owner’s order is
deemed to be a change to the Work.
13.3 Emergencies. In any emergency affecting the safety of persons and/or property,
Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss and shall
notify the Owner as soon as practicable and in any event within forty-eight (48) hours after
Design-Builder becomes aware of the emergency. The notice to Owner shall describe the emergency in
detail, including a reasonable estimation of its expected duration and impact, if any, on the
performance of Design-Builder’s obligations hereunder. Any change in the Contract Price and/or the
Contract Time(s) on account of emergency work shall be determined as provided in this Article 13.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
29
13.4 Contract Time Adjustment. Design-Builder shall be entitled to an extension of the
contract time(s) to the extent the PVFE Plant is unable to operate as expected not due to any act
or omission of the Design-Builder.
13.5 Failure to Complete Owner’s Milestones. The dates when Owner’s obligations are required
to be completed to enable Design-Builder to achieve the contract time(s) are identified in Table 2
in Exhibit C (“Owner’s Milestones”). The Contract Time(s) shall be revised to provide a
Day-for-Day extension of the Contract Time(s) for completion of the Work for each full Day during
which Owner fails to timely complete its obligations pursuant to the Owner’s Milestones. In the
event of Owner’s
failure to timely complete its obligations pursuant to Owner’s Milestones results in the
extension of the Contract Time(s), the Contract Price shall be adjusted to compensate
Design-Builder for the effects, if any, of such change.
Article 14
Indemnity
14.1 Tax Claim Indemnification. If, in accordance with Owner’s direction, an exemption for
all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless
Design-Builder (and its officers, directors, agents, successors and assigns) from and against any
and all damages claims, costs, losses liabilities, and expenses (including penalties, interest,
fines, taxes of any kind, attorneys’ fees, accountants and other professional fees and associated
expenses or costs incurred by Design-Builder in connection with or as a result of any action taken
by Design-Builder in accordance with Owner’s directive.
14.2 Payment Claim Indemnification. To the extent Design-Builder has received payment for the
Work, Design-Builder shall indemnify, defend and hold harmless Owner Indemnified Parties from any
claims or mechanic’s liens brought against Owner Indemnified Parties or against the Expansion
Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to
pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or
incurred for or in connection with the Work. Within three (3) business days of receiving written
notice from Owner that such a claim or mechanic’s lien has been filed, Design-Builder shall
commence to take the steps necessary to discharge such claim or lien.
14.3 Design-Builder’s General Indemnification.
14.3.1 Design-Builder, to the fullest extent permitted by Law, shall indemnify, hold harmless
and defend Owner, Lenders, Lenders’ Agent, and their successors, assigns, officers, directors,
employees and agents (“Owner Indemnified Parties”) from and against any and all losses,
costs, damages, injuries, liabilities, claims, demands, penalties, interest and causes of action,
including without limitation attorney’s fees (collectively, the “Damages”) for bodily
injury, sickness or death, and property damage or destruction (other than to the Work itself) to
the extent resulting from the negligent or intentionally wrongful acts or from omissions of
Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any
of them or anyone for whose acts any of them may be liable.
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April 24, 2006
30
14.3.2 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed
directly or indirectly by any of them or anyone for whose acts any of them may be liable has a
claim against Owner Indemnified Parties, Design-Builder’s indemnity obligation set forth in Section
14.3.1 above shall not be limited by any limitation on the amount of damages, compensation or
benefits payable by or for Design-Builder, Design Consultants,
Subcontractors, or other entity under any employee benefit acts, including workers’
compensation or disability acts.
14.3.3 Without limiting the generality of Section 14.3.1 hereof, Design-Builder shall fully
indemnify, save harmless and defend the Owner Indemnified Parties from and against any and all
Damages in favor of any Governmental Authority or other third party to the extent caused by (a)
failure of Design-Builder or any Subcontractor to comply with Legal Requirements as required by
this Agreement, or (b) failure of Design-Builder or any Subcontractor to properly administer and
pay any taxes or fees required to be paid by Design-Builder under this Agreement.
14.3.4 Nothing in the Design-Builder’s General Indemnification contained in this Section 14.3
shall be read to limit in any way any entitlement Design-Builder shall have to insurance coverage
under any insurance policy, including any insurance policy required by either Party under this
Agreement.
14.4 Owner’s General Indemnification. Owner, to the fullest extent permitted by Law, shall
indemnify, hold harmless and defend Design-Builder and any of Design-Builder’s officers, directors,
employees, or agents from and against claims, losses, damages, liabilities, including attorneys’
fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other
than to the Work itself) to the extent resulting from the negligent acts, willful misconduct, or
omissions of Owner, its officers, directors, employees, agents, or anyone for whose acts any of
them may be liable.
14.4.1 Without limiting the generality of Section 14.4 hereof, Owner shall fully indemnify,
save harmless and defend the Design-Builder and any of Design-Builder’s officers, directors,
employees, or agents from and against any and all Damages in favor of any Governmental Authority or
other third party to the extent caused by (a) failure of Owner or any of Owner’s agents to comply
with Legal Requirements as required by this Agreement, or (b) failure of Owner or Owner’s agents to
properly administer and pay any taxes or fees required to be paid by Owner under this Agreement.
14.4.2 Nothing in the Owner’s General Indemnification contained in this Section 14.4 shall be
read to limit in any way any entitlement Owner shall have to insurance coverage under any insurance
policy, including any insurance policy required by either Party under this Agreement
Platte Valley Fuel Ethanol, LLC
April 24, 2006
31
Article 15
Stop Work; Termination for Cause
15.1 Owner’s Right to Stop Work. Owner may, without cause and for its convenience, order
Design-Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty
(60) consecutive Days or aggregate more than ninety (90) Days during the duration of the Expansion
Project. Design-
Builder is entitled to seek an adjustment of the Contract Price and/or the Contract Time(s) if
its cost or time to perform the Work has been adversely impacted by any suspension or stoppage of
work by Owner.
15.2 Owner’s Right to Perform and Terminate for Cause.
15.2.1 If Design-Builder persistently fails to: (i) provide a sufficient number of skilled
workers; (ii) supply the materials required by the Contract Documents; (iii) comply with applicable
Legal Requirements; (iv) timely pay, without cause, Design Consultants or Subcontractors; (v)
perform the Work with promptness and diligence to ensure that the Work is completed by the Contract
Time(s), as such times may be adjusted in accordance with this Agreement; or (vi) perform material
obligations under the Contract Documents; then Owner, in addition to any other rights and remedies
provided in the Contract Documents or by law or equity, shall have the rights set forth in Sections
15.2.2 and 15.2.3 below.
15.2.2 Upon the occurrence of an event set forth in Section 15.2.1 above, Owner may provide
written notice to Design-Builder that it intends to terminate the Agreement unless the problem
cited is cured, or commenced to be cured within seven (7) Days of Design-Builder’s receipt of such
notice. If Design-Builder fails to cure, or reasonably commence to cure such problem and
thereafter diligently pursue such cure to completion, then Owner may give a second written notice
to Design-Builder of its intent to terminate following an additional seven (7) Day period. If
Design-Builder, within such second seven (7) Day period, fails to cure, or reasonably commence to
cure such problem and thereafter diligently pursue such cure to completion, then Owner may declare
the Agreement terminated for default by providing written notice to Design-Builder of such
declaration. If (i) the insurance coverage required by Design-Builder pursuant Article 17 hereof
is suspended or cancelled without Design-Builder providing immediate replacement coverage (and, in
any case, within fourteen (14) Days of the occurrence thereof) meeting the requirements specified
in Article 17 hereof; (ii) if applicable, a default occurs under the Performance Bond or the
Payment Bond, or the Performance Bond or Payment Bond is revoked or terminated and such Performance
Bond or the Payment Bond is not immediately replaced (and, in any case, within fourteen (14) Days
of the occurrence thereof) by Design-Builder with a Performance Bond or a Payment Bond providing at
least the same level of coverage in a form and from a surety acceptable to Owner and Lenders, or
the surety under the Performance Bond or Payment Bond institutes or has instituted against it a
case under the United States Bankruptcy Code; (iii) Design-Builder purports to make an assignment
of this Agreement in breach of the provisions of Section 21.1 hereof, or (iv) any representation or
warranty made by Design-Builder under Section 18.1 hereof was false or materially misleading when
made, then Owner may terminate this Agreement upon written notice to Design-Builder.
15.2.3 Upon declaring the Agreement terminated pursuant to Section 15.2.2 above, Owner may
enter upon the premises and take possession, for the purpose of completing
Platte Valley Fuel Ethanol, LLC
April 24, 2006
32
the Work, of all
materials, equipment, scaffolds, tools, appliances and other items thereon, which have been
purchased for the performance of the Work, all of which Design-Builder hereby transfers, assigns
and sets over to Owner for such purpose, and to employ any person or persons to complete the Work
and provide all of the required labor, services, materials, equipment and
other items. In the event of such termination, Design-Builder shall not be entitled to
receive any further payments under the Contract Documents until the Work shall be finally completed
in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract
Price exceeds the cost and expense incurred by Owner in completing the Work, Design-Builder will be
paid promptly by Owner for Work performed prior to its default. If Owner’s cost and expense of
completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be
obligated to promptly pay the difference to Owner. Such costs and expense shall include not only
the cost of completing the Work, but also losses, damages, costs and expenses, including attorneys’
fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims
arising from Design-Builder’s default, subject to the waiver of consequential damages set forth in
Section 19.4 hereof.
15.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will
be converted to a termination for convenience in accordance with the provisions of Section 15.3.
15.3 Owner’s Right to Terminate for Convenience.
15.3.1 Upon ten (10) Days’ written notice to Design-Builder, Owner may, for its convenience
and without cause, elect to terminate this Agreement. In such event, Owner shall pay
Design-Builder for the following:
|
(a) |
|
to the extent not already paid, all Work executed, and for proven loss, cost or
expense in connection with the Work; |
|
|
(b) |
|
the reasonable costs and expenses attributable to such termination, including
demobilization costs; |
|
|
(c) |
|
amounts due in settlement of terminated contracts with Subcontractors and
Design Consultants; |
|
|
(d) |
|
overhead and profit margin in the amount of fifteen percent (15%) on the sum of
items (a) and (b) above; and |
|
|
(e) |
|
all retainage withheld by Owner on account of Work that has been completed in
accordance with the Contract Documents. |
15.3.2 If Owner terminates this Agreement pursuant to this Section 15.3 and proceeds to design
and construct the Expansion Project through its employees, agents or third parties, Owner’s rights
to use the Work Product shall be as set forth in Section 5.3.
15.4 Design-Builder’s Right to Stop Work.
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April 24, 2006
33
15.4.1 Design-Builder may, in addition to any other rights afforded under the Contract
Documents or at Law, stop work for Owner’s failure to pay amounts properly due under
Design-Builder’s Application for Payment.
15.4.2 If any of the events set forth in Section 15.4.1 above occur, Design-Builder has the
right to stop work by providing written notice to Owner that Design-Builder will stop work unless
such event is cured within seven (7) Days from Owner’s receipt of Design-Builder’s notice. If Owner
fails to cure or reasonably commence to cure such problem and thereafter diligently pursue such
cure to completion, then Design-Builder may give a second written notice to Owner of its intent to
stop work within an additional seven (7) Day period. If Owner, within such second seven (7) Day
period, fails to cure, or reasonably commence to cure such problem and thereafter diligently pursue
such cure to completion, then Design-Builder may stop work. In such case, Design-Builder shall be
entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it
has been adversely impacted by such stoppage.
15.5 Design-Builder’s Right to Terminate for Cause.
15.5.1 Design-Builder, in addition to any other rights and remedies provided in the Contract
Documents or by Law, may terminate the Agreement for cause for the following reasons:
|
(a) |
|
The Work has been stopped for sixty (60) consecutive Days, or more than ninety
(90) Days during the duration of the Expansion Project, because of court order, any
Governmental Authority having jurisdiction over the Work, or orders by Owner under
Section 15.1 hereof, provided that such stoppages are not due to the acts or omissions
of Design-Builder, Design Consultant and their respective officers, agents, employees,
Subcontractors or any other person for whose acts the Design-Builder may be liable
under Law. |
|
|
(b) |
|
Owner’s failure to provide Design-Builder with any information, permits or
approvals that are Owner’s responsibility under the Contract Documents which result in
the Work being stopped for sixty (60) consecutive Days, or more than ninety (90) Days
during the duration of the Expansion Project, even though Owner has not ordered
Design-Builder in writing to stop and suspend the Work pursuant to Section 15.1 hereof. |
|
|
(c) |
|
Owner fails to meet its obligations under Exhibit C and such failure results in
the Work being stopped for sixty (60) consecutive Days, or more than ninety (90) Days
during the duration of the Expansion Project even though Owner has not ordered
Design-Builder in writing to stop and suspend the Work pursuant to Section 15.1 hereof. |
|
|
(d) |
|
Owner’s failure to cure the problems set forth in Section 15.4.1 above within
seven (7) Days after Design-Builder has stopped the Work. |
15.5.2 Upon the occurrence of an event set forth in Section 15.5.1 above, Design-Builder may
elect to terminate this Agreement by providing written notice to Owner that it
Platte Valley Fuel Ethanol, LLC
April 24, 2006
34
intends to terminate
the Agreement unless the problem cited is cured within seven (7) Days of Owner’s receipt of such
notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design-Builder
may give a second written notice to Owner of its intent to terminate within an additional seven (7)
Day period. If Owner, within such second seven (7) Day period, fails to cure such problem, then
Design-Builder may declare the Agreement terminated for default by providing written notice to
Owner of such declaration. In such case, Design-Builder shall be entitled to recover in the same
manner as if Owner had terminated the Agreement for its convenience under Section 15.3.
15.6 Bankruptcy of Owner or Design-Builder.
15.6.1 If either Owner or Design-Builder institutes or has instituted against it a case under
the United States Bankruptcy Code (such Party being referred to as the “Bankrupt Party”),
such event may impair or frustrate the Bankrupt Party’s ability to perform its obligations under
the Contract Documents. Accordingly, should such event occur:
|
(a) |
|
The Bankrupt Party, its trustee or other successor, shall furnish, upon request
of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to
perform all future obligations under the Contract Documents, which assurances shall be
provided within ten (10) Days after receiving notice of the request; and |
|
|
(b) |
|
The Bankrupt Party shall file an appropriate action within the bankruptcy court
to seek assumption or rejection of the Agreement within sixty (60) Days of the
institution of the bankruptcy filing and shall diligently prosecute such action. |
15.6.2 If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt
Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the
Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this
Article 15.
15.6.3 The rights and remedies under this Section 15.6 shall not be deemed to limit the
ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract
Documents or by Law, including its ability to seek relief from any automatic stays under the United
States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision
of this Agreement.
15.7 Lenders’ Right to Cure. At any time after the occurrence of any event set forth in Section
15.4.1 or Section 15.5.1, but within the timeframes set forth therein, the Lenders shall have the
right, but not the obligation, to cure such default on behalf of Owner.
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April 24, 2006
35
Article 16
Representatives of the Parties
16.1 Designation of Owner’s Representatives. Owner designates the individual listed below as its
senior representative (“Owner’s Senior Representative”), which individual has the authority
and responsibility for avoiding and resolving disputes under Article 19:
Xxxxxxx Xxxxxxxx
General Manager
000
00xx Xxxxxx
Xxxxxxx Xxxx, XX 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
Owner designates the individual listed below as its representative (“Owner’s
Representative”), which individual has the authority and responsibility set forth in Section
4.4:
Xxxxxx Xxxxx
Plant Manager
000 00xx Xxxxxx
Xxxxxxx Xxxx, XX 00000
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
16.2 Designation of Design-Builder’s Representatives. Design-Builder designates the individual
listed below as its senior representative (“Design-Builder’s Senior Representative”), which
individual has the authority and responsibility for avoiding and resolving disputes under Article
19:
Xxxxxx “Xxx” Xxxxx
CEO and President
000 X. Xxxxxxx 000
X.X. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Telephone: (000) 000-0000
Design-Builder designates the individual listed below as its representative (“Design-Builder’s
Representative”), which individual has the authority and responsibility set forth in Section
3.1:
Xxxxx Xxxxx
Chief Operating Officer
000 X. Xxxxxxx 000
X.X. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Telephone: (000) 000-0000
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April 24, 2006
36
Article 17
Insurance
17.1 Insurance. Design-Builder shall procure and maintain in force through the Final Completion
Date the following insurance coverages with the policy limits indicated, and otherwise in
compliance with the provisions of this Agreement:
|
|
|
|
|
Commercial General Liability: |
|
|
|
|
|
|
|
|
|
General Aggregate |
|
|
|
|
Products-Comp/Op AGG |
|
$ |
2,000,000 |
|
Personal & Adv Injury |
|
$ |
1,000,000 |
|
Each Occurrence |
|
$ |
1,000,000 |
|
Fire Damage (Any one fire) |
|
$ |
50,000 |
|
Med Exp (Any one person) |
|
$ |
5,000 |
|
|
|
|
|
|
Automobile Liability: |
|
|
|
|
|
|
|
|
|
Combined Single Limit |
|
|
|
|
Each Occurrence |
|
$ |
1,000,000 |
|
|
Excess Liability – Umbrella Form: |
|
|
|
|
|
Each Occurrence |
|
$ |
20,000,000 |
|
Aggregate |
|
$ |
20,000,000 |
|
|
|
|
|
|
Workers’ Compensation |
|
|
|
|
Statutory limits as required by the state in which the Work is performed.
|
|
|
|
|
Employers’ Liability: |
|
|
|
|
|
|
|
|
|
Each Accident |
|
$ |
1,000,000 |
|
Disease-Policy Limit |
|
$ |
1,000,000 |
|
Disease-Each Employee |
|
$ |
1,000,000 |
|
|
|
|
|
|
Professional Errors and Omissions |
|
|
|
|
|
|
|
|
|
Per Claim |
|
$ |
5,000,000 |
|
Annual |
|
$ |
5,000,000 |
|
17.2 Design-Builder’s Insurance Requirements.
17.2.1 Design-Builder is responsible for procuring and maintaining from insurance companies
authorized to do business in the state in which the Expansion Project is located, the following
insurance coverages for certain claims which may arise from or out of the performance of the Work
and obligations under the Contract Documents:
Platte Valley Fuel Ethanol, LLC
April 24, 2006
37
|
(a) |
|
coverage for claims arising under workers’ compensation, disability and other
similar employee benefit Laws applicable to the Work; |
|
|
(b) |
|
coverage for claims by Design-Builder’s employees for bodily injury, sickness,
disease, or death; |
|
|
(c) |
|
coverage for claims by any person other than Design-Builder’s employees for
bodily injury, sickness, disease, or death; |
|
|
(d) |
|
coverage for usual personal injury liability claims for damages sustained by a
person as a direct or indirect result of Design-Builder’s employment of the person, or
sustained by any other person; |
|
|
(e) |
|
coverage for claims for damages (other than to the Work) because of injury to
or destruction of tangible property, including loss of use; |
|
|
(f) |
|
coverage for claims of damages because of personal injury or death, or property
damage resulting from ownership, use and maintenance of any motor vehicle; and |
|
|
(g) |
|
coverage for contractual liability claims arising out of Design-Builder’s
obligations under Section 14.2. |
17.2.2 Design-Builder’s liability insurance required by this Section 17.2 shall be written for
the coverage amounts set forth in Section 17.1 and shall include completed operations insurance for
the period of time set forth in the Agreement.
17.2.3 Design-Builder’s liability insurance set forth in Sections 17.2.1 (a) through (g) above
shall specifically delete any design-build or similar exclusions that could compromise coverages
because of the design-build delivery of the Expansion Project.
17.2.4 To the extent Owner requires Design-Builder or any Design Consultant to provide
professional liability insurance for claims arising from the negligent performance of design
services by Design-Builder or the Design Consultant, the coverage limits, duration and other
specifics of such insurance shall be as set forth in the Agreement. Any professional liability
shall specifically delete any design-build or similar exclusions that could compromise coverages
because of the design-build delivery of the Expansion Project. Such policies shall be provided
prior to the commencement of any design services hereunder.
17.2.5 Prior to commencing any construction services hereunder, Design-Builder shall provide
Owner with certificates evidencing that (i) all insurance obligations required by the Contract
Documents are in full force and in effect and will remain in effect for the duration required by
the Contract Documents and (ii) no insurance coverage required hereunder will be
canceled, renewal refused, or changed unless at least thirty (30) Days prior written notice is
given to Owner.
17.3 Owner’s Liability Insurance. Owner shall procure and maintain from insurance companies
authorized to do business in the state in which the Expansion Project is located such liability
insurance to protect Owner from claims which may arise from the performance of
Platte Valley Fuel Ethanol, LLC
April 24, 2006
38
Owner’s obligations
under the Contract Documents or Owner’s conduct during the course of the Expansion Project. The
general and professional liability insurance obtained by Owner shall name Design-Builder, Design
Consultants, Subcontractors, the Lenders and Lenders’ Agent as additional insureds, without
application of deductible, retention or retrospective premiums as to the additional insureds.
17.4 Owner’s Property Insurance.
17.4.1 Unless otherwise provided in the Contract Documents, Owner shall procure from insurance
companies authorized to do business in the state in which the Expansion Project is located, and
maintain through Final Completion, property insurance upon the entire Expansion Project in a
minimum amount equal to the full insurable value of the Expansion Project, including professional
fees, overtime premiums and all other expenses incurred to replace or repair the insured property.
The property insurance obtained by Owner shall include as additional insureds the interests of
Owner, Design-Builder, Design Consultants, Subcontractors, the Lenders and Lenders’ Agent and shall
insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief,
collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the
Contract Documents and without application of any deductible, retention or retrospective premium.
Owner shall maintain coverage equal to or in excess of the value of each of Design-Builder’s,
Design Consultants’, and Subcontractors’ property on the Site. The property insurance shall
include physical loss or damage to the Work, including materials and equipment in transit, at the
Site or at another location as may be indicated in Design-Builder’s Application for Payment and
approved by Owner.
17.4.2 Unless the Contract Documents provide otherwise, Owner shall procure and maintain
boiler and machinery insurance that will include as additional insureds the Owner, Design-Builder,
Design Consultants, and Subcontractors, in an amount not less than the Contract Price and without
application of any deductible, retention or retrospective premium as to the additional insureds.
Owner shall maintain coverage equal to or in excess of the value of each of Design-Builder’s,
Design Consultants’, and Subcontractors’ interest or investment in boiler or machinery equipment on
the Site.
17.4.3 Prior to Design-Builder commencing any Work, Owner shall obtain a builder’s risk
insurance policy naming Owner as the insured, with Design-Builder, Design Consultants and
Subcontractors as additional insureds, in an amount not less than the Contract Price and without
application of deductible, retention or retrospective premium as to the additional insureds.
17.4.4 Owner shall also obtain, prior to Design-Builder commencing any Work, terrorism
coverage as described by the Terrorism Risk Insurance Act of 2002, Pub. L. No. 107-297, 116 Stat.
2322 (2002), as extended by the Terrorism Risk Insurance Extension Act of 2005, Pub. L. No. 109-144
(2005), or any successor act or renewing act for the period during which the Terrorism Risk
Insurance Act or any successor act or renewing act is in effect.
17.4.5 Prior to Design-Builder commencing any Work, Owner shall provide Design-Builder with
copies of the insurance certificates reflecting coverages required under this
Platte Valley Fuel Ethanol, LLC
April 24, 2006
39
Section 17.4
evidencing that (i) all Owner’s insurance obligations required by the Contract Documents are in
full force and in effect and will remain in effect until Design-Builder has completed all of the
Work and has received Final Payment from Owner, and (ii) no insurance coverage will be canceled,
renewal refused, or changed unless at least thirty (30) Days prior written notice is given to
Design-Builder. Owner’s property insurance shall not lapse or be cancelled during the term of this
Agreement. Promptly after Owner’s receipt thereof, Owner shall be required to provide
Design-Builder with copies of all insurance policies to which Design-Builder, Design Consultants,
and Subcontractors are named as additional insureds. In the event Owner replaces insurance
providers for any policy required under this Section, revises policy coverages, or otherwise
modifies any applicable insurance policy in any way, Owner shall provide Design-Builder, for its
review or possession as provided under this Section 17.4.5, the certificate of insurance and a copy
of such new, revised or modified policy when available.
17.4.6 Any loss covered under Owner’s property insurance shall be adjusted with Owner and
Design-Builder and made payable to both of them as trustees for the insureds as their interests may
appear, subject to any applicable mortgage clause. All insurance proceeds received as a result of
any loss will be placed in a separate account and distributed in accordance with such agreement as
the interested parties may reach. Any disagreement concerning the distribution of any proceeds
will be resolved in accordance with Article 19 hereof.
17.4.7 Owner and Design-Builder waive against each other and Owner’s separate contracts,
Design Consultants, Subcontractors, agents and employees of each and all of them all damages
covered by property insurance provided herein, except such rights as they may have to the proceeds
of such insurance. Design-Builder and Owner shall, where appropriate, require similar waivers of
subrogation from Owner’s separate contractors, Design Consultants Subcontractors, and insurance
providers and shall require each of them to include similar waivers in their contracts or policies.
Article 18
Representations and Warranties
18.1 Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner
represents that:
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it is duly organized, validly existing and in good standing under the Laws of
its formation and has all requisite power and authority to execute and deliver this
Agreement, to perform its obligations hereunder and to consummate the transactions
contemplated hereby; |
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this Agreement has been duly executed and delivered by such Party and
constitutes the legal, valid and binding obligations of such Party, enforceable against
such Party in accordance with their respective terms, except as enforcement may be
limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s
rights or by general equitable principles; |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
40
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the execution, delivery and performance of this Agreement and the consummation
of the transactions contemplated hereby do not and will not conflict with or violate
(a) the certificate of incorporation or bylaws or equivalent organizational documents
of such Party, or (b) any Law applicable to such Party and other than the permits
listed on Exhibit G, such execution, delivery and performance of this Agreement does
not require any Governmental Approval; and |
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there is no action pending or, to the knowledge of such Party, threatened,
which would hinder, modify, delay or otherwise adversely affect such Party’s ability to
perform its obligations under the Contract Documents. |
18.2 Design-Builder Representations and Warranties. Design-Builder further represents that it has
the necessary financial resources to fulfill its obligations under this Agreement.
Article 19
Dispute Resolution
19.1 Dispute Avoidance and Mediation. The Parties are fully committed to working with each other
throughout the Expansion Project and agree to communicate regularly with each other at all times so
as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise,
Design-Builder and Owner each commit to resolving such disputes or disagreements in an amicable,
professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to
the Work.
Design-Builder and Owner will first attempt to resolve disputes or disagreements at the field level
through discussions between Design-Builder’s Representative and Owner’s Representative.
If a dispute or disagreement cannot be resolved through Design-Builder’s Representative and Owner’s
Representative, Design-Builder’s Senior Representative and Owner’s Senior Representative, upon the
request of either Party, shall meet as soon as conveniently possible, but in no case later than
thirty (30) Days after such a request is made, to attempt to resolve such dispute or disagreement.
Prior to any meetings between the Senior Representatives, the Parties will exchange relevant
information that will assist the Parties in resolving their dispute or disagreement.
If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be
resolved on terms satisfactory to both Parties, the Parties shall submit the dispute or
disagreement to non-binding mediation. The mediation shall be conducted in Minneapolis,
Minnesota
by a mutually agreeable impartial mediator, or if the Parties cannot so agree, a mediator
designated by the American Arbitration Association (“
AAA”) pursuant to its Construction
Industry Arbitration Rules and Mediation Procedures. The mediation will be governed by and
conducted pursuant to a mediation agreement negotiated by the Parties or, if the Parties cannot so
agree, by procedures established by the mediator.
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April 24, 2006
41
19.2 Arbitration. Any claims, disputes or controversies between the Parties arising out of or
relating to the Agreement, or the breach thereof, which have not been resolved in accordance with
the procedures set forth in Section 19.1 above shall be decided by arbitration to be conducted in
Minneapolis,
Minnesota in accordance with the Construction Industry Arbitration Rules and Mediation
Procedures of the AAA then in effect, unless the Parties mutually agree otherwise.
The award of the arbitrator(s) shall be final and binding upon the Parties without the right of
appeal to the courts. Judgment may be entered upon it in accordance with Applicable Law by any
court having jurisdiction thereof.
Design-Builder and Owner expressly agree that any arbitration pursuant to this Section 19.2 may be
joined or consolidated with any arbitration involving any other person or entity (i) necessary to
resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such
claim, dispute or controversy. Both Design-Builder and Owner will include appropriate provisions
in all contracts they execute with other parties in connection with the Expansion Project to
require such joinder or consolidation.
The prevailing Party in any arbitration, or any other final, binding dispute proceeding upon which
the Parties may agree, shall be entitled to recover from the other Party reasonable attorneys’ fees
and expenses incurred by the prevailing Party.
19.3 Duty to Continue Performance. Unless provided to the contrary in the Contract Documents,
Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment
obligations to Design-Builder, pending the final resolution of any dispute or disagreement between
Design-Builder and Owner.
19.4 No Consequential Damages.
19.4.1 Notwithstanding anything herein to the contrary (except as set forth in Section 19.4.2
below), neither Design-Builder nor Owner shall be liable to the other for any consequential losses
or damages, whether arising in contract, warranty, tort (including negligence), strict liability or
otherwise, including but not limited to, losses of use, profits,
business, reputation or financing, except that Design-Builder does not waive any such damages
resulting from or arising out of any breach of Owner’s duties and obligations under the limited
license granted by Design-Builder to Owner pursuant to Article 5.
19.5 Limitation of Liability. Notwithstanding anything else in this Agreement to the contrary, the
aggregate liability of Design-Builder, its Subcontractors, vendors, suppliers, agents and
employees, to Owner (or any successor thereto or assignee thereof) for any and all claims and/or
liabilities arising out of or relating in any manner to the Work or to Design-Builder’s performance
or non-performance of its obligations hereunder, whether based in contract, tort (including
negligence), strict liability, or otherwise, shall not exceed, in the aggregate, the Contract Price
and shall be reduced, upon the issuance of each Application for Payment, by the total value of such
Application for Payment; provided, however, that upon the earlier of Substantial Completion or such
point in time requests for payment pursuant to Article 10 have been made for ninety percent (90%)
of the Contract Price, Design-Builder’s aggregate liability
Platte Valley Fuel Ethanol, LLC
April 24, 2006
42
shall be limited to the greater of (1)
Ten Percent (10%) of the Contract Price or (2) the amount of insurance coverage available to
respond to the claim or liability under any policy of insurance provided by Design-Builder under
this Agreement.
Article 20
Confidentiality of Shared Information
20.1 Non-Disclosure Obligation. Except as required by court order, subpoena, or Applicable Law, the
Parties will hold in confidence, and will use only for the purposes of completing the Project, any
and all Confidential Information disclosed to each other. Neither Party shall disclose to third
parties any Confidential Information without the express written consent of the other Party, which
consent shall not be unreasonably withheld. The Parties shall at all times use their respective
reasonable efforts to keep all Confidential Information and information regarding the terms and
conditions of this Agreement confidential. However, the Parties may disclose Confidential
Information to their respective lenders, lenders’ agents, advisors and/or consultants only as
reasonably necessary in connection with the financing of the Plant or to enable them to advise the
Parties with regard to the Contract Documents and the Project, provided that prior to such
disclosure any party to whom Confidential Information is disclosed is informed by the disclosing
Party of the existence of this confidentiality obligation and agrees to be obligated to maintain
the confidentiality of any information received. The term “Confidential Information” will
mean (i) confidential or proprietary information regarding the other Party’s business affairs,
finances, technology, processes, plans or installations, product information, know-how, or other
information that is received from the other Party pursuant to this Agreement or the Parties’
relationship prior thereto or is developed pursuant to this Agreement, (ii) any and all information
concerning the Contract Documents, the Agreement, or the terms thereof, and (iii) all information
which one Party, directly or indirectly, may acquire from another Party; however, Confidential
Information will not include information falling into any of the following categories:
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information that, at the time of disclosure hereunder, is in the public domain; |
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information that, after disclosure hereunder, enters the public domain other
than by breach of this Agreement or the obligation of confidentiality; |
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information that, prior to disclosure hereunder, was already in the recipient’s
possession, either without limitation on disclosure to others or subsequently becoming
free of such limitation; |
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(d) |
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information obtained by the recipient from a third party having an independent
right to disclose this information; and |
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(e) |
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information that is available through discovery by independent research without
use of or access to the Confidential Information acquired from the other Party; and |
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photographs and descriptive information regarding the Project, including Plant |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
43
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capacity, Owner’s name, and Project location, as used by Xxxxx for purposes of
marketing and promotion. |
Each Party’s obligation to maintain Confidential Information in confidence will be deemed
performed if such Party observes with respect thereto the same safeguards and precautions which
such Party observes with respect to its own Confidential Information of the same or similar kind.
It will not be deemed to be a breach of the obligation to maintain Confidential Information in
confidence if Confidential Information is disclosed upon the order of a court or other authorized
Governmental Authority, or pursuant to other Legal Requirements. However, if Owner is required to
file the Contract Documents or a portion thereof with a Governmental Authority, it agrees that it
will not do so without first informing Design-Builder of the requirement and seeking confidential
treatment of the Contract Documents prior to filing the documents or a portion thereof.
20.2 Publicity and Advertising. Owner shall not make or permit any of its subcontractors, agents,
or vendors to make any external announcement or publication, release any photographs or information
concerning the Expansion Project or any part thereof, or make any other type of communication to
any member of the public, press, business entity, or any official body which names Xxxxx unless
prior written consent is obtained from Xxxxx, which consent shall not be unreasonably withheld.
20.3 Term of Obligation. The confidentiality obligations of the Parties pursuant to this Article
20 shall survive the expiration or other termination of this Agreement for a period of five (5)
years.
Article 21
Miscellaneous
21.1 Assignment This Agreement shall be binding upon, shall inure to the benefit of, and may be
performed by, the successors and permitted assigns of the Parties, except that neither
Design-Builder nor Owner shall, without the written consent of the other, assign or transfer this
Agreement or any of the Contract Documents. Design-Builder’s subcontracting portions of the Work
in accordance with this Agreement shall not be deemed to be an assignment of this Agreement. Owner
may assign all of its rights and obligations under the Contract Documents to its Lenders or
Lenders’ Agent as collateral security in connection with Owner obtaining or arranging any financing
for the Expansion Project; provided, however, Owner shall deliver, at least ten (10) Days prior to
any such assignment, to Design-Builder (i) written notice of such assignment and (ii) a copy of the
instrument of assignment in form and substance reasonably acceptable to Design-Builder, whose
approval shall not be unreasonably withheld. The Lenders or Lenders’ Agent may assign the Contract
Documents or their rights under the Contract Documents, including without limitation in connection
with any foreclosure or other enforcement of their security interest. Design-Builder shall
execute, if requested, a consent to assignment for the benefit of the Lenders and/or the Lenders’
Agent in form and substance reasonably acceptable to Design-Builder, provided that with respect to
any such assignments such assignee demonstrates to Design-Builder’s satisfaction that it has the
capability to fulfill Owner’s obligations under this Agreement.
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April 24, 2006
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21.2 Successors. Design-Builder and Owner intend that the provisions of the Contract Documents are
binding upon the Parties, their employees, agents, heirs, successors and assigns.
21.3 Governing Law. This Agreement shall be governed by and construed and enforced in accordance
with, the substantive laws of the state of
Minnesota, without regard to the conflict of laws
provisions thereof.
21.4 Severability. If any provision or any part of a provision of the Contract Documents shall be
finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any
applicable Legal Requirements, such determination shall not impair or otherwise affect the
validity, legality, or enforceability of the remaining provision or parts of the provision of the
Contract Documents, which shall remain in full force and effect as if the unenforceable provision
or part were deleted.
21.5 No Waiver. The failure of either Design-Builder or Owner to insist, in any one (1) or more
instances, on the performance of any of the obligations required by the other under the Contract
Documents shall not be construed as a waiver or relinquishment of such obligation or right with
respect to future performance.
21.6 Headings. The table of contents and the headings used in this Agreement or any other Contract
Document, are for ease of reference only and shall not in any way be construed to limit, define,
extend, describe, alter, or otherwise affect the scope or the meaning of any provision of this
Agreement.
21.7 Notice. Whenever the Contract Documents require that notice be provided to a Party, notice
shall be delivered in writing to such Party at the address listed below. Notice will be deemed to
have been validly given if delivered (i) in person to the individual intended to receive such
notice, (ii) by registered or by certified mail, postage prepaid to the address indicated in the
Agreement within four (4) Days after being sent, or (iii) by facsimile, by the time stated in a
machine-generated confirmation that notice was received at the facsimile number of the intended
recipient.
If to Design-Builder, to:
Xxxxx, Inc.
000 X. Xxxxxxx 000
P. O. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Attention: Xxxxx Xxxxx
Fax: (000) 000-0000
with a copy to:
Xxxxx, Inc.
000 X. Xxxxxxx 000
P. O. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Platte Valley Fuel Ethanol, LLC
April 24, 2006
45
Attention: Xxxxxxxx Xxxxxxx
Fax: (000) 000-0000
and a copy to:
Xxxxx, Inc.
000 X. Xxxxxxx 000
P. O. Xxx 000
Xxxxxxx Xxxxx, XX 00000
Attention: Xxxxx Xxxxxxxx
Fax: (000) 000-0000
If to Owner, to:
Platte Valley Fuel Ethanol, LLC
000 00xx Xxxxxx
Xxxxxxx Xxxx, XX 00000
Attention: Xxxx Xxxxxxxx
Fax: (000) 000-0000
and
Lender’s Agent at the address provided for Lender’s Agent to Design-Builder by Owner
by notice within five (5) Days following the Financial Closing.
21.8 No Privity with Design Consultant/Subcontractors. Nothing in the Contract Documents is
intended or deemed to create any legal or contractual relationship between Owner and any Design
Consultant or Subcontractor.
21.9 Amendments. The Contract Documents may not be changed, altered, or amended in any way except
in writing signed by a duly authorized representative of each Party.
21.10 Entire Agreement. This Agreement consists of the terms and conditions set forth herein, as
well as the Exhibits hereto, which are incorporated by reference herein and made a part hereof.
This Agreement sets forth the full and complete understanding of the Parties as of the Effective
Date with respect to the subject matter hereof.
21.11 Third-Party Beneficiaries. Except as expressly provided herein, this Agreement is intended to
be solely for the benefit of the Owner, the Design-Builder and permitted assigns, and is not
intended to and shall not confer any rights or benefits on any person not a signatory hereto.
21.12 Counterparts. This Agreement may be executed in one (1) or more counterparts, each of which
shall be deemed an original and all of which together shall be deemed one and the same Agreement,
and may be executed and delivered by facsimile signature, which shall be considered an original.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
46
21.13 Survival. Notwithstanding any provisions herein to the contrary, the Work Product provisions
set forth in Article 5 and the indemnity obligations set forth herein shall survive (in full force
and effect) the expiration or termination of this Agreement, and shall continue to apply to the
Parties to this Agreement even after termination of this Agreement or the transfer of such Party’s
interest in this Agreement.
[The next page is the signature page.]
Platte Valley Fuel Ethanol, LLC
April 24, 2006
47
IN WITNESS WHEREOF, the Parties hereto have caused their names to be hereunto subscribed by
their officers thereunto duly authorized, intending thereby that this Agreement shall be effective
as of the Effective Date.
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OWNER:
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DESIGN-BUILDER: |
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Platte Valley Fuel Ethanol, LLC
(Name of Owner)
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Xxxxx, Inc.
(Name of Design-Builder)
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/s/ XXXXXXXX X. XXXXXX
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/s/ XXX XXXXX |
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(Signature)
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(Signature) |
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Xxxxxxxx X. Xxxxxx
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Xxxxxx “Xxx” Xxxxx |
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(Printed Name)
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(Printed Name) |
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Chairman
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CEO and President |
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(Title)
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(Title) |
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Date: 05/01/06
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Date: 05/01/06 |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
48
EXHIBIT A
Performance Guarantee Criteria
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Criteria |
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Specification |
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Testing Statement |
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Documentation |
Expansion Plant
Capacity – fuel
grade ethanol
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Operate at a rate
of 80 million
gallons per year of
denatured fuel
grade ethanol
meeting the
specifications of
ASTM 4806 based on
353 days of
operation per
calendar year and
4.76% denaturant.
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Seven day
performance test
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Production records
and a written
report by
Design-Builder. |
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Corn to Ethanol
Conversion ratio;
*****
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Not be less than
2.80 denatured
gallons of ethanol
per bushel (56#) of
corn
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As determined by
meter readings
during a seven day
performance test.
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Production records
and written
analysis by
Design-Builder. |
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Electrical Energy
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0.75 kWh per
denatured gallon of
fuel grade ethanol
*****
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As determined by
meter readings
during a seven day
performance test.
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Production records
and written
analysis by
Design-Builder. |
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Natural Gas
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Shall not exceed
34,000 Btu per
denatured gallon of
fuel grade ethanol.
(This Performance
Criteria relates to
production of
ethanol and
excludes any
natural gas usage
that may occur for
drying corn.)
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As determined by
meter readings
during a seven day
performance test.
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Production records
and written
analysis by
Design-Builder. |
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Process Water
Discharge (not
including cooling
tower and boiler
blowdown and water
pre-treatment (RO
discharge)
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Zero gallons under
normal operations
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Process discharge
meter
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Control System
reports |
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Air Emissions
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Must meet the
requirements
prescribed as of
the date hereof by
the State of
Nebraska
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Must meet the
requirements as
prescribed in the
Air Permit Application
attached as Exhibit K.
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Written report by
Owner’s Air
Emission Tester. |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
A-1
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Department
of Environmental
Quality, Air
Quality Division.
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As part of the Performance Guarantee Criteria the Expansion Plant shall operate in accordance with
all Legal Requirements.
DISCLAIMER:
Owner’s failure to materially comply with the operating procedures issued by ICM, Inc./Xxxxx, Inc.
shall void all performance guaranties and warranties set forth in this Design-Build Agreement.
Owner understands that the startup of the Expansion Plant requires resources and cooperation of the
Owner, vendors and other suppliers to the Expansion Project. Design-Builder disclaims any
liability and Owner indemnifies Design-Builder for non-attainment of the Performance Guarantee
Criteria directly or indirectly caused by material non-performance or negligence of third parties
not retained by Design-Builder.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
A-2
EXHIBIT B
Project Scope
PROJECT SCOPE
Grain Receiving and Handling System
The grain receiving system will be modified to include two additional hammer xxxxx, remove existing
shaker scalper, install two rotary scalpers. Some minor modifications will be made to the existing
system, but Design-Builder does not anticipate that they will be significant or will cause
additional parts inventory requirements.
Xxxx and Liquefaction System
A second slurry tank will be added to allow for additional residence time prior to the hydro
heater. This second slurry tank will be located outside the building alongside of the existing
slurry tank. The slurry blender and cross conveyor that takes the flour from the milling system to
the slurry tank will be adequate for the expansion. The first and second slurry tanks will operate
at the expanded rate and the split will come after the second slurry tank. Off of this tank, there
will be two xxxx pumps. One will feed the existing system, and the second will supply the new xxxx
tube and flash tank system that will be located in the new D&E area. This will allow the flash
from the second xxxx to go to the second side stripper unit of the distillation process. After the
new flash tank, the stream will be pumped to the liquefaction tanks by xxxx. From liquefaction,
the stream will feed two heat exchanger trains. The existing plant has one train in operation and
a second train in stand-by and cleaning. By adding a third train, the plant will have two trains
on line and one train will be the shared system between both process lines that will allow for
cleaning of each system on a regular basis. After cooling, the mash will go to the fermenter train
as individual lines (three mash feed lines).
Fermentation Area
A second yeast propagator will be added adjacent to the existing yeast propagator. The dual yeast
propagators will operate in a parallel-type mode to supply higher levels of yeast to the
fermentation process. At this time, the yeast propagator is balanced to the current plant
operation and the second will be similar to the existing propagator system with all the same
redundant equipment.
Three additional fermenters will be added on the end of the existing fermenters. By doing this,
the plant will move from three fermenters to six fermenters. This move alone will allow for
additional fermentation time over and above what currently exists, since the empty tank is only
one-sixth of the total volume instead of one-third of the total volume. The existing
CO2 scrubber will be removed, and single, larger CO2 scrubber will be
installed. The new CO2 scrubber will be sized for the 80 MMGPY rate. The fermenter fill
line from fermenter #1 through fermenter #6 will be expanded to an 8” line from the current 6”
line. This will allow the additional flow to move throughout the system in a single line rather
than multiple lines.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
B-1
Distillation, Dehydration, Evaporation
The distillation, dehydration, and evaporation system will be substantially similar to what is
currently installed. The new system will be connected to the energy center rather than the process
building. The existing pipe rack that runs alongside the evaporator building that supports piping
and the 190 proof condenser will extend out past the new facility and support the new 190 condenser
with its associated piping. This design maintains full access to all of the equipment for
maintenance and service along with convenient installation opportunities. The pumps and controls
and associated equipment on the new system will be very similar to the existing system for
maintenance and serviceability. The mole sieves of the new system will be larger than the original
system to allow for additional flexibility. The existing mole sieves will be relocated to allow for
this expansion. Tank farm expansion will consist of an additional 750,000 gallon denatured ethanol
storage, and (2) 100,000 tanks for ethanol storage. All three tanks will be constructed in a new
tank farm located adjacent to the existing tank farm.
Energy Center
A second energy center will not be constructed, as the majority of product is sold as modified
wetcake. Two centrifuges will be added to the existing four centrifuges. The exhaust gases off
the two existing dryers will be routed to an RTO. The existing boiler will be modified by the
Owner to allow for the expanded steam capacity. The existing deaerator will be modified for
additional capacity. Currently, the DDG off the existing energy center is air conveyed and cooled
on the way to the DDG storage building. The existing pneumatic conveying system will remain
unchanged. Design-Builder has assumed that the primary gas feed to the energy center is provided
by the Owner.
Utilities
Design-Builder has assumed that the additional expansion water volume requirements are available
and any necessary modifications to the primary water distribution system will be supplied by
others. Design-Builder proposes the addition of a second cooling tower that will be used for all
of distillation with some potential supplemental help from the new tower. The existing cooling
tower will be used predominately for fermentation and xxxx line cooling. Two additional methanator
bottles will be installed onto the existing methanator system. Minor modifications are required to
put three bottles on line and the fourth will be used for bug storage.
Electrical
It is expected that the additional MCC capacity in grain receiving, chiller building, process
building and in the energy center will be adequate space for the expansion. The DCS system will be
expanded for the additional points of control and locations that will be required.
Platte Valley Fuel Ethanol, LLC
April 24, 2006
B-2
EXHIBIT C
Owner’s Responsibilities
The Owner shall operate the PVFE Plant in accordance with good fuel ethanol production industry
practices and shall provide Design-Builder access to the PVFE Plant to the extent necessary to
complete the Work in accordance with the Agreement.
The Owner shall perform and provide the permits, authorizations, services and construction as
specifically described hereafter:
1) |
|
Land and Grading – Owner shall obtain all legal authority to use the site for its intended
purpose and perform technical due diligence to allow Design-Builder to perform, including, but
not limited to, proper zoning approvals, building permits, elevation restrictions, soil tests,
and water tests. The site shall be rough graded per Design-Builder specifications and be +/-
three inches of final grade including the rough grading for Site roadways. The site soils
shall be modified as required to provide a minimum allowable soil bearing pressure as
described in Table 1. |
|
|
|
Other items to be provided by the Owner include, but are not limited to, the following: site
survey (boundary and topographic) as required by the Design-Builder, layout of the property
corners including two construction benchmarks, Soil Borings and subsequent Geotechnical
Report describing recommendation for Roads, foundations and if required, soil
stabilization/remediation, land disturbance permit, erosion control permit, site grading as
described above with minimum soil standards, placement of erosion control measures, plant
access road from a county, state or federal road designed to meet local county road
standards, plant storm and sanitary sewers, fire water system with hydrants and plant water
main branches taken from the system to be within five feet of the designated building
locations, all tanks, motors and other equipment associated with or necessary to operate the
fire water loop and associated systems, plant roads as specified and designed for the
permanent elevations and effective depth, “construction” grading plan as drawn (including
site retention pond), plant water well and associated permit(s). Owner shall also provide
the final grading, seeding and mulching, and site fencing at the site. |
|
|
|
Owner is encouraged to obtain preliminary designs/information and estimates of the cost of
performing all Owner required permits and services as stated in this Exhibit C.
Specifically, the cost of the fire water systems (including associated fire water pumps,
required tank, building (if required), sprinklers, and all other equipment and materials
associated with the fire water delivery systems) is estimated being in excess of $800,000.
The requirements of each state and the decisions of each Owner will increase or decrease the
actual cost. Additionally, the cost of the required soil stabilization in Table 1 can be in
the range of, or may exceed, $2.5MM which cost is not included in the Contract Price. Owner
shall prepare site according to Design-Builder’s engineering plans provided for the site
work under the Pre-Engineering Agreement. |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
C-1
2) |
|
Permits – Owner shall obtain all Operating Permits including, but not limited to, air quality
permits, in a timely manner to allow construction and start-up of the plant as designed by
Design-Builder. Owner shall obtain all testing, including air emissions tests, and site
inspections required to secure the necessary operating permits. |
|
3) |
|
Storm Water Runoff Permit – Owner shall obtain the construction storm – water runoff permit,
permanent storm-water runoff permit, and the erosion control/land disturbance permit. |
|
4) |
|
Nebraska Pollutant Elimination Discharge Permit – Owner shall obtain a permit to discharge
cooling tower water and reverse osmosis (“R.O.”) reject water and any other waste water
directly to a designated waterway or other location. Owner shall supply the discharge piping
to transport to the designated waterway or other location. |
|
5) |
|
Natural Gas Supply and Service Agreement – Owner shall procure and supply a continuous supply
of natural gas to supply the incremental increase in gas requirements related to the expanded
operations. Owner shall provide all gas piping to the use points and supply meters and
regulators to provide burner tip pressures as specified by Design-Builder. Owner shall also
supply a digital flowmeter on-site with appropriate output for monitoring by the plant’s
computer control system. |
|
6) |
|
Temporary Electrical Service – Owner shall secure electrical service to supply a minimum 750
KW of 3-phase, 480/277 volt electrical power during construction. Owner shall procure,
install, and maintain temporary service to up to three 3-phase, 480/277 volt temporary service
transformers located throughout the site. The transformer sizing, locations, and underground
electrical feed routing layout are to be determined jointly by the Owner, the Design-Builder
and the energy supplier. Design-Builder shall pay energy demand and usage charges up to
Substantial Completion. |
|
7) |
|
Permanent Electrical Service – (1) The Owner is responsible to secure continuous service from
an energy supplier to serve the facility. The service from the energy supplier shall be of
sufficient size to supply the requirements of the expanded operations. (2) The Owner is
responsible for procurement, installation and maintenance of the site distribution system,
including, but not limited to, the required substation and all associated distribution lines,
switchgear, sectional cabinets, distribution transformers, transformer pads, etc. An on-site
primary digital meter is also to be supplied for monitoring of electrical usage and demand.
This meter must have the capability to be monitored via a telephone line or other electrical
signal. (3) The responsibility of the Design-Builder starts at the secondary electrical
terminals of the site distribution system transformers that have been installed by Owner. (4)
Modifications to the existing site distribution system, layout, and meters are to be
determined jointly by the Owner, the Design-Builder and the energy supplier. |
|
|
|
Design-Builder will be providing soft start motor controllers for all motors greater than
150 horsepower and where demanded by process requirements. Owner is encouraged to discuss
with its electrical service supplier whether additional soft start motor controllers |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
C-2
|
|
are advisable for this facility and such can be added, with any increased cost being an
Owner’s cost. |
|
8) |
|
Water Supply, Service Agreement, and Pre-Treatment System – Owner shall supply on-site
process xxxxx or other water source capable of providing the incremental quantity of water,
which includes process water, R.O. feed water, cooling tower make-up water and boiler feed
water, of a quality which will allow discharges to comply with NPDES limits and stable
operation of the plant. Owner should consider providing a redundant supply source. |
|
|
|
Owner shall pay for a water pre-treatment system to be designed and constructed by
Design-Builder and to be integrated into the Expansion Plant. Owner shall provide an
updated water sample of current process water for analysis to aid in design of the water
pre-treatment system. The pre-treatment system will be designed to provide the Expansion
Plant with the quantity and quality of raw and treated water needed to supply the Expansion
Plant’s process needs. The water pre-treatment system design will also consider and
recommend to Owner equipment required to meet the discharge requirements under the Expansion
Plant’s wastewater discharge permit. Owner is to execute side-letter agreements as
necessary for the design and construction of such water pre-treatment system.
Design-Builder shall recover costs for the design and construction of such system from the
Owner at Design-Builder’s standard time plus material rates during the relevant time period
and at the relevant locale. A side-letter agreement between Owner and Design-Builder
shall be executed by Owner and Design-Builder to compensate Design-Builder, at
Design-Builder’s standard time plus materials rates during the relevant time period and at
the relevant locale, for any costs and expenses related to such water pre-treatment system. |
|
9) |
|
Wastewater Discharge System, Permits and/or Service Agreement – Owner shall provide for any
additions or improvements to the discharge piping, septic tank and drainfield system or
connections to municipal system as required for the sanitary sewer requirements of the
Expansion Plant. These provisions shall comply with all federal, state, and local
regulations, including any permitting issues. |
|
10) |
|
Roads and Utilities – Owner shall provide and maintain any additions required to the ditches
and permanent roads, including the gravel, pavement or concrete, with the roads passing
standard compaction tests. Design-Builder shall repair any damage directly caused by
Design-Builder activities, specifically excluding any damages causes by normal wear and tear. |
|
|
|
Except as otherwise specifically stated herein, the Owner shall install all utilities so
that they are within five (5) feet of the designated building/structure locations. |
|
11) |
|
Maintenance and Power Equipment – The maintenance, spare parts, and power equipment as
required by the Expansion Plant or desired by Owner shall be the sole and absolute cost and
responsibility of Owner and Design-Builder shall have no responsibility in regards thereto. |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
C-3
12) |
|
Railroads – Owner is responsible for any costs associated with expansion of the railroads,
including, but not limited to, all rail design and engineering and construction and
Design-Builder shall have no responsibility in regards thereto. |
|
13) |
|
Drawings – Owner shall supply drawings to Design-Builder detailing any changes made to the
plant since completion of the initial plant. |
|
14) |
|
Fire Protection System – Fire Protection System requirements vary by governmental
requirements per location and by insurance carrier requirements. Owner is responsible to
provide the required fire protection system for the Plant. This may include storage tanks,
pumps, underground fire water mains, fire hydrants, foam or water monitor valves, sprinkler
systems, smoke and heat detection, deluge systems, or other provisions as required by
governmental codes or Owner’s insurance carrier’s fire protection criteria. |
|
|
|
Owner shall pay for a Fire Protection System to be designed and constructed by
Design-Builder and to be integrated into the Expansion Plant. The Fire Protection System
shall be designed and constructed to meet the governmental and insurance requirements.
Owner is to execute side-letter agreements as necessary for the design and construction of
such Fire Protection System. Design-Builder shall recover costs for the design and
construction of such system from Owner at Design-Builder’s standard time plus material rates
during the relevant time period and at the relevant locale. A side-letter agreement between
Owner and Design-Builder shall be executed by Owner and Design-Builder to compensate
Design-Builder, at Design-Builder’s standard time plus materials rates during the relevant
time period and at the relevant locale, for any costs and expenses related to such Fire
Protection System. |
Table 1 Minimum Soil Bearing Pressure – Responsibility of Owner
|
|
|
|
|
|
|
Required Allowable Soil Bearing Pressure |
Description |
|
(pounds per square foot) |
Slurry Tank |
|
|
4,000 |
|
Liquifaction Tank |
|
|
3,500 |
|
Fermentation Tank |
|
|
5,000 |
|
All Other Areas |
|
|
3,000 |
|
Platte Valley Fuel Ethanol, LLC
April 24, 2006
C-4
Table 2 Owner’s Milestones
|
|
|
|
|
|
|
Number Of Days To Be |
|
|
Completed After Notice |
Owner’s Responsibilities |
|
To Proceed |
Notice to Proceed |
|
|
* |
**** |
Storm Water Permits Complete |
|
|
* |
**** |
Natural Gas/Propane Supply Agreements Complete |
|
|
* |
**** |
Water Supply and Service Agreements Complete |
|
|
* |
**** |
Risk Insurance Provider Selected/Fire Protection
Requirements Known |
|
|
* |
**** |
NPDES Discharge Point Selected |
|
|
* |
**** |
Electrical Service |
|
|
* |
**** |
Water Pre-Treatment System Design Complete |
|
|
* |
**** |
Wastewater Discharge System Complete |
|
|
* |
**** |
Operating Permits Complete |
|
|
* |
**** |
Discharge Permits Complete |
|
|
* |
**** |
Pumphouse/Water Pre-treatment System Complete |
|
|
* |
**** |
Fire Protection System Complete |
|
|
* |
**** |
Administrative Building Complete |
|
|
* |
**** |
Paving (Expansion Plant Roads) Complete |
|
|
* |
**** |
Rail Spur Complete |
|
|
* |
**** |
Employees Hired and Ready for Training |
|
|
* |
**** |
Natural Gas Pipeline Complete |
|
|
* |
**** |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
C-5
EXHIBIT D
THIS LICENSE AGREEMENT (this “License Agreement”) is entered into and made effective as of the
24th day of April, 2006 (“Effective Date”) by and between Platte Valley Fuel Ethanol, LLC, a
Nebraska limited liability company (“OWNER”), and ICM, Inc., a Kansas corporation (“ICM”).
WHEREAS, OWNER has entered into that certain Design-Build Lump Sum Contract dated April 24,
2006 (the “Contract”) with Xxxxx, Inc., a
Minnesota corporation (“Xxxxx”), under which Xxxxx is to
design and construct a 40 million gallon per year expansion ethanol plant for OWNER, which
would bring the total nameplate capacity to 80 million gallons per year, to be located in or
near Central City, Nebraska (the “Plant”);
WHEREAS, ICM has granted Xxxxx the right to use certain proprietary technology and information
of ICM in the design and construction of the Plant; and
WHEREAS, OWNER desires from ICM, and ICM desires to grant to OWNER, a license to use such
proprietary technology and information in connection with OWNER’s ownership, operation, maintenance
and repair of the Plant, all upon the terms and conditions set forth herein;
NOW, THEREFORE, the parties, in consideration of the foregoing premises and the mutual
promises contained herein and for other good and valuable consideration, receipt of which is hereby
acknowledged, agree as follows:
1. Upon substantial completion of the Plant by Xxxxx pursuant to the terms of the Contract or,
if later, payment by OWNER of all amounts due and owing to Xxxxx under the Contract, ICM grants
to OWNER a limited license to use the Proprietary Property (hereinafter defined) solely in
connection with the ownership, operation, maintenance and repair of the Plant, subject to the
limitations provided herein (the “Purpose”).
2. The “Proprietary Property” means, without limitation, documents, Operating Procedures
(hereinafter defined), materials and other information that are furnished by ICM to OWNER in
connection with the Purpose, whether orally, visually, in writing, or by any other means,
whether tangible or intangible, directly or indirectly (including, without limitation, through
Xxxxx) and in whatever form or medium including, without limitation, the design, arrangement,
configuration, and specifications of (i) the combinations of distillation, evaporation, and
alcohol dehydration equipment (including, but not limited to, pumps, vessels, tanks, heat
exchangers, piping, valves and associated electronic control equipment) and all documents
supporting those combinations; (ii) the combination of the distillers grain drying (DGD), and
heat recovery steam generation (HRSG) equipment (including, but not limited to, pumps, vessels,
tanks, heat exchangers, piping and associated electronic control equipment) and all documents
supporting those combinations; and (iii) the computer system, known as the distributed control
system (DCS and/or PLC) (including, but not limited to, the software configuration, programming,
parameters, set points, alarm points, ranges, graphical interface, and system hardware
connections) and all documents supporting that system. The “Operating Procedures” means,
without limitation, the process equipment and specifications manuals, standards of quality,
service protocols, data collection methods, construction specifications, training methods,
engineering standards and any other information prescribed by ICM from time to time concerning
the
Platte Valley Fuel Ethanol, LLC
April 24, 2006
D-1
Purpose. Proprietary Property shall not include any information or materials that OWNER can
demonstrate by clear and convincing written evidence: (i) was lawfully in the possession of
OWNER prior to disclosure by ICM or Xxxxx; (ii) was in the public domain prior to disclosure by
ICM or Xxxxx; (iii) was disclosed to OWNER by a third party other than Xxxxx having the legal
right to possess and disclose such information or materials; or (iv) after disclosure by ICM or
Xxxxx comes into the public domain through no fault of OWNER or its members, directors,
officers, employees, agents, contractors, consultants or other representatives (hereinafter
collectively referred to as “Representatives”). Information and materials shall not be deemed
to be in the public domain merely because such information is embraced by more general
disclosures in the public domain, and any combination of features shall not be deemed to be
within the foregoing exceptions merely because individual features are in the public domain if
the combination itself and its principles of operation are not in the public domain.
3. OWNER shall not use the Proprietary Property for any purpose other than the Purpose. OWNER
shall not use the Proprietary Property in connection with any expansion or enlargement of the
Plant. ICM and its Representatives shall have the express right at any time to enter upon the
premises of the Plant to inspect the Plant and its operation to ensure that OWNER is complying
with the terms of this License Agreement.
4. OWNER’s failure to materially comply with the Operating Procedures shall void all guarantees,
representations and warranties, whether expressed or implied, if any, that were given by ICM to
OWNER, directly or indirectly through Xxxxx, concerning the performance of the Plant that ICM
reasonably determines are materially affected by OWNER’s failure to materially comply with such
Operating Procedures. OWNER agrees to indemnify, defend and hold harmless ICM, Xxxxx and their
respective Representatives from any and all losses, damages and expenses including, without
limitation, reasonable attorneys’ fees resulting from, relating to or arising out of Owner’s or
its Representatives’ (a) failure to materially comply with the Operating Procedures or (b)
negligent use of the Proprietary Property.
5. Any and all modifications to the Proprietary Property made by OWNER or its Representatives
shall be the property of ICM. OWNER shall promptly notify ICM of any such modification and
OWNER agrees to assign all right, title and interest in such modification to ICM; provided,
however, OWNER shall retain the right, at no cost, to use such modification in connection with
the Purpose.
6. ICM has the exclusive right and interest in and to the Proprietary Property and the goodwill
associated therewith. OWNER will not, directly or indirectly, contest ICM’s ownership of the
Proprietary Property. OWNER’s use of the Proprietary Property does not give OWNER any ownership
interest or other interest in or to the Proprietary Property except for the limited license
granted to OWNER herein.
7. OWNER shall pay no license fee or royalty to ICM for OWNER’s use of the Proprietary Property
pursuant to this License Agreement, the consideration for the limited license granted herein is
certain payments by Xxxxx to ICM, which is funded by and included in the amounts payable by
OWNER to Xxxxx for the construction of the Plant under the Contract.
8. OWNER may not assign the limited license granted herein, in whole or in part,
without the prior written consent of ICM, which will not be unreasonably withheld or delayed.
Prior to any assignment, OWNER shall obtain from such assignee a written instrument, in form and
substance reasonably acceptable to ICM, agreeing to be bound by all the terms and provisions of
this License Agreement. Any assignment of this License Agreement shall not release OWNER from
(i) its duties and obligations hereunder concerning the disclosure and use of the Proprietary
Property by OWNER
Platte Valley Fuel Ethanol, LLC
Xxxxx 00, 0000
X-0
or its Representatives, or (ii) damages to ICM resulting from, or arising out of, a breach of
such duties or obligations by OWNER or its Representatives. ICM may assign its right, title and
interest in the Proprietary Property, in whole or part, subject to the limited license granted
herein.
9. The Proprietary Property is confidential and proprietary. OWNER shall keep the Proprietary
Property confidential and shall use all reasonable efforts to maintain the Proprietary Property
as secret and confidential for the sole use of OWNER and its Representatives for the Purpose.
OWNER shall retain all Proprietary Property at its principal place of business and/or the Plant.
OWNER shall not at any time without ICM’s prior written consent, copy, duplicate, record, or
otherwise reproduce the Proprietary Property, in whole or in part, or otherwise make the same
available to any unauthorized person provided, OWNER shall be permitted to copy, duplicate or
otherwise reproduce the Proprietary Property in whole or in part in connection with, and to the
extent it is necessary and essential for, the Purpose so long as all such copies, duplicates or
reproductions are kept at its principal place of business and/or the Plant and are treated the
same as any other Proprietary Property. OWNER shall not disclose the Proprietary Property
except to its Representatives who are directly involved with the Purpose, and even then only to
such extent as is necessary and essential for such Representative’s involvement. OWNER shall
inform such Representatives of the confidential and proprietary nature of such information and,
if requested by ICM, OWNER shall obtain from such Representative a written instrument, in form
and substance reasonably acceptable to ICM, agreeing to be bound by all of the terms and
provisions of this License Agreement to the same extent as OWNER. OWNER shall make all
reasonable efforts to safeguard the Proprietary Property from disclosure by its Representatives
to anyone other than permitted hereby. OWNER shall notify ICM immediately upon discovery of any
unauthorized use or disclosure of the Proprietary Property, or any other breach of this License
Agreement by OWNER or its Representatives, and shall cooperate with ICM in every reasonable way
to help ICM regain possession of the Proprietary Property and prevent its further unauthorized
use or disclosure. In the event that OWNER or its Representatives are required by law
to disclose the Proprietary Property, OWNER shall provide ICM with prompt written notice of same
so that ICM may seek a protective order or other appropriate remedy. In the event that such
protective order or other appropriate remedy is not obtained, OWNER or its Representatives will
furnish only that portion of the Proprietary Property which in the reasonable opinion of its or
their legal counsel is legally required and will exercise its reasonable efforts to obtain
reliable assurance that the Proprietary Property so disclosed will be accorded confidential
treatment.
10. OWNER agrees to indemnify ICM for any and all damages (including, without limitation,
reasonable attorneys’ fees) arising out of or resulting from any unauthorized disclosure or use
of the Proprietary Property by OWNER or its Representatives. OWNER agrees that ICM would be
irreparably damaged by reason of a violation of the provisions contained herein and that any
remedy at law for a breach of such provisions would be inadequate. OWNER agrees that ICM shall
be entitled to seek injunctive or other equitable relief in a court of competent jurisdiction
against OWNER or its Representatives for any unauthorized disclosure or use of the Proprietary
Property without the necessity of proving actual monetary loss or posting any bond. It is
expressly understood that the remedy described herein shall not be the exclusive remedy of ICM
for any breach of such covenants, and ICM shall be entitled to seek such other relief or remedy,
at law or in equity, to which it may be entitled as a consequence of any breach of such duties
or obligations.
11. The duties and obligations of OWNER under this License Agreement, and all provisions
relating to the enforcement of such duties and obligations shall survive and remain in full
force and effect notwithstanding any termination or expiration of the Contract or this License
Agreement.
12. ICM may terminate this License Agreement upon written notice to OWNER if OWNER willfully or
wantonly (a) uses the Proprietary Property for any purpose, or (b) discloses the Proprietary
Platte Valley Fuel Ethanol, LLC
April 24, 2006
D-3
Property to anyone, in each case other than permitted herein. Upon termination of this License
Agreement, OWNER shall cease using the Proprietary Property for any purpose (including the
Purpose) and, upon request by ICM, shall promptly return to ICM all documents or other materials
in OWNER’s or its Representatives’ possession that contain Proprietary Property in whatever
format, whether written or electronic, including any and all copies or reproductions of the
Proprietary Property. OWNER shall permanently delete all such Proprietary Property from its
computer hard drives and any other electronic storage medium (including any backup or archive
system). OWNER shall deliver to ICM a written certificate which certifies that all electronic
copies or reproductions of the Proprietary Property have been permanently deleted.
13. The laws of the State of Kansas, United States of America (or US), shall govern the validity
of the provisions contained herein, the construction of such provisions, and the interpretation
of the rights and duties of the parties. Any legal action brought to enforce or construe the
provisions of this License Agreement shall be brought in the federal or state courts located in
Wichita, Kansas, and the parties agree to and hereby submit to the exclusive jurisdiction of
such courts and agree that they will not invoke the doctrine of forum non conveniens or other
similar defenses in any such action brought in such courts. Notwithstanding the foregoing,
nothing in this License Agreement will affect any right ICM may otherwise have to bring any
action or proceeding relating to this License Agreement against OWNER or its properties in the
courts of any jurisdiction. In the event the Plant is located in, or OWNER is organized under
the laws of, a country other than the US, OWNER hereby specifically agrees that any injunctive
or other equitable relief granted by a court located in the State of Kansas, US, or any award by
a court located in the State of Kansas, shall be specifically enforceable as a foreign judgment
in the country in which the Plant is located, OWNER is organized or both, as the case may be,
and agrees not to contest the validity of such relief or award in such foreign jurisdiction,
regardless of whether the laws of such foreign jurisdiction would otherwise authorize such
injunctive or other equitable relief, or award.
14. OWNER hereby agrees to waive all claims against ICM and ICM’s Representatives for any
consequential damages that may arise out of or relate to this License Agreement, the Contract or
the Proprietary Property whether arising in contract, warranty, tort (including negligence),
strict liability or otherwise, including but not limited to losses of use, profits, business,
reputation or financing. OWNER further agrees that the aggregate recovery of OWNER and Xxxxx
(and everyone claiming by or through OWNER and Xxxxx), as a whole, against ICM and ICM’s
Representatives, collectively, for any and all claims that arise out of, relate to or result
from this License Agreement, the Proprietary Property or the Contract, whether arising in
contract, warranty, tort (including negligence), strict liability or otherwise, shall
not exceed One Million US Dollars ($1,000,000).
15. The terms and conditions of this License Agreement constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede any prior understandings,
agreements or representations by or between the parties, written or oral. Any rule of
construction to the effect that any ambiguity is to be resolved against the drafting party shall
not be applicable in the interpretation of this License Agreement. This License Agreement may
not be modified or amended at any time without the written consent of the parties.
16. All notices, requests, demands, reports, statements or other communications (herein referred
to collectively as “Notices”) required to be given hereunder or relating to this License
Agreement shall be in writing and shall be deemed to have been duly given if transmitted by
personal delivery or mailed by certified mail, return receipt requested, postage prepaid, to the
address of the party as set forth below. Any such Notice shall be deemed to be delivered and
received as of the date so delivered, if delivered personally, or as of the third business day
following the day sent, if sent by certified mail. Any party may, at any time, designate a
different address to which Notices shall be
Platte Valley Fuel Ethanol, LLC
April 24, 2006
D-4
directed by providing written notice in the manner set forth in this paragraph.
17. In the event that any of the terms, conditions, covenants or agreements contained in this
License Agreement, or the application of any thereof, shall be held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such term, condition, covenant or
agreement shall be deemed void ab initio and shall be deemed severed from this License
Agreement. In such event, and except if such determination by a court of competent jurisdiction
materially changes the rights, benefits and obligations of the parties under this License
Agreement, the remaining provisions of this License Agreement shall remain unchanged unaffected
and unimpaired thereby and, to the extent possible, such remaining provisions shall be construed
such that the purpose of this License Agreement and the intent of the parties can be achieved in
a lawful manner.
18. The duties and obligations herein contained shall bind, and the benefits and advantages
shall inure to, the respective successors and permitted assigns of the parties hereto.
19. The waiver by any party hereto of the breach of any term, covenant, agreement or condition
herein contained shall not be deemed a waiver of any subsequent breach of the same or any other
term, covenant, agreement or condition herein, nor shall any custom, practice or course of
dealings arising among the parties hereto in the administration hereof be construed as a waiver
or diminution of the right of any party hereto to insist upon the strict performance by any
other party of the terms, covenants, agreement and conditions herein contained.
20. In this License Agreement, where applicable, (i) references to the singular shall include
the plural and references to the plural shall include the singular, and (ii) references to the
male, female, or neuter gender shall include references to all other such genders where the
context so requires.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement, the Effective Date of
which is indicated on page 1 of this License Agreement.
|
|
|
OWNER:
|
|
ICM: |
|
|
|
Platte Valley Fuel Ethanol, LLC
|
|
ICM, Inc. |
|
|
|
By: /s/ XXXXXXXX X. XXXXXX
|
|
By: /s/ XXXX XXXXXX GRIEND |
|
|
|
Title: Chairman of the Board
|
|
Title: CEO |
|
|
|
Date Signed: 05/01/06
|
|
Date Signed: 05/15/06 |
|
|
|
Address for giving notices:
|
|
Address for giving notices: |
|
|
|
|
|
000 X Xxxxx Xxxxxx |
|
|
Xxxxxxx, XX 00000 |
Platte Valley Fuel Ethanol, LLC
April 24, 2006
D-5
EXHIBIT E
Schedule of Values
Schedule of Values for:
PLATTE VALLEY FUEL ETHANOL, LLC
EXPANSION
Central City, NE
40 MGY Dry Grind Ethanol Plant Expansion
|
|
|
|
|
|
|
|
|
DESCRIPTION |
|
|
|
|
1 |
|
MOBILIZATION |
|
***** |
|
2 |
|
ENGINEERING |
|
***** |
|
3 |
|
GENERAL CONDITIONS |
|
***** |
|
4 |
|
SITEWORK |
|
***** |
|
5 |
|
CONCRETE |
|
***** |
|
6 |
|
MASONRY / ARCHITECTURAL |
|
***** |
|
7 |
|
STRUCTURAL STEEL - MISC. METALS |
|
***** |
|
8 |
|
PRE-ENGINEERED BUILDINGS |
|
***** |
|
9 |
|
GRAIN HANDLING SYSTEM |
|
***** |
|
10 |
|
PROCESS TANKS & VESSELS |
|
***** |
|
11 |
|
FIELD ERECTED TANKS |
|
***** |
|
12 |
|
HEAT EXCHANGERS |
|
***** |
|
13 |
|
PROCESS EQUIPMENT |
|
***** |
|
14 |
|
CENTRIFUGES |
|
***** |
|
15 |
|
COOLING TOWER |
|
***** |
|
16 |
|
DRYER SYSTEM |
|
***** |
|
17 |
|
RTO & DDG CONVEYING SYSTEM |
|
***** |
|
18 |
|
METHANATOR |
|
***** |
|
19 |
|
PROCESS PIPING & VALVES |
|
***** |
|
20 |
|
PAINTING |
|
***** |
|
21 |
|
INSULATION |
|
***** |
|
22 |
|
PLUMBING & HVAC |
|
***** |
|
23 |
|
ELECTRICAL |
|
***** |
|
24 |
|
START-UP |
|
***** |
|
25 |
|
DEMOBILIZATION |
|
***** |
|
|
|
|
|
|
|
|
|
TOTAL |
|
$ |
42,679,009 |
|
|
|
|
|
|
|
Platte Valley Fuel Ethanol, LLC
April 24, 2006
E-1
EXHIBIT F
Form of Informational Report
|
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PROJECT MEETING: Two-Week Look Ahead(s) |
|
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|
|
Ñ MANPOWER |
|
TOTALS Ñ |
Xxxxx, Inc. |
|
|
0 |
|
(sub) |
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
|
|
|
0 |
|
JOBSITE TOTAL |
|
|
0 |
|
Ñ SAFETY ISSUES
Ñ WAREHOUSE ISSUES
Ñ PROCUREMENT ISSUES
Ñ OPERATIONS ISSUES
Ñ CIVIL
Area
Platte Valley Fuel Ethanol, LLC
April 24, 2006
F-1
Ñ STRUCTURAL
Area
Ñ SIDING / INSULATION
Area
Ñ MILLWRIGHT
Area
Ñ PIPE
Area
Ñ ELECTRICAL
Area
Ñ DELIVERIES
Area
Ñ SUBCONTRACTOR
Subcontractor Name
Platte Valley Fuel Ethanol, LLC
April 24, 2006
F-2
EXHIBIT G
Required Permits
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Responsibility |
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Type of |
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for Obtaining |
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Assistance in |
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No. |
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Application/Permit |
|
Permit |
|
Preparation |
|
Notes |
1
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Underground Utility
Locating Service
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Design-Builder/Owner
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Notification
service for
underground work. |
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2
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Septic Tank & Drain
Field Permit
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Owner |
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3
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Railroad Permit/Approval
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Owner
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Design-Builder |
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4
|
|
Archeological Survey
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Owner |
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0
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Xxxxxxx Xxxxxx Permit
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Owner
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State Department of
Transportation or
County |
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6
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Building Permits
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Design-Builder |
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Mechanical
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Design-Builder |
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Electrical
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Design-Builder |
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Structures
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Design-Builder |
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7
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Construction Air Permit
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Owner
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Design-Builder |
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8
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Construction Permit
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Owner
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Design-Builder |
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9
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Operations Permit
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Owner
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Design-Builder |
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10
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Wastewater Permit
|
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Owner
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Design-Builder |
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11
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Water Appropriation
Permit
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Owner
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Design-Builder |
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12
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Fire Protection
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Owner
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Design-Builder |
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13
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Above Ground Storage
Tank Permit
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Owner
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Design-Builder |
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14
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TTB
|
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Owner |
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Platte Valley Fuel Ethanol, LLC
April 24, 2006
G-1
EXHIBIT H
Form of Performance Bond
PERFORMANCE BOND
The American Institute of Architects,
AIA Document No. A312 (December, 1984 Edition)
Any singular reference to Contractor, Surety, Owner or other
party shall be considered plural where applicable.
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CONTRACTOR (Name and Address):
|
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Amount: [Amount] |
Xxxxx, Inc.
|
|
Description (Name and Location): |
P. O. Box 159
|
|
[Expansion Project Name and Location] |
Xxxxxxx Xxxxx, XX 00000
|
|
OWNER (Name and Address): |
CONSTRUCTION CONTRACT
|
|
[Owner Name/Address] |
Date:
|
|
SURETY (Name and Principal Place of |
|
|
Business): [Name/Place of Business] |
|
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BOND# |
|
|
Date (Not earlier than Construction Contract Date): |
|
|
Amount: |
|
|
Modifications to this Bond: o None o See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Xxxxx, Inc.
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Signature:
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Signature: |
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Name and Title:
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Name and Title: |
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|
(Any additional signatures appear an page 2.)
(FOR INFORMATION Only- Name, Address and Telephone)
OWNER’S REPRESENTATIVE (Architect, Engineer or other party):
AGENT OR BROKER:
1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
Platte Valley Fuel Ethanol, LLC
April 24,2006
H-1
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have
no obligation under this Bond, except to participate in conferences as provided in Subparagraph
3.1.
3. If there is no Owner Default, the Surety’s obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10
below that the Owner is considering declaring a Contractor Default and has requested and attempted
to arrange a conference with the Contractor and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing the Construction Contract. If the
Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any,
subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor’s right to
complete the contract. Such Contractor Default shall not be declared earlier than twenty days
after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with
the terms of the Construction Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the
Surety’s expense take one of the following actions:
4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a
contract for performance and completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with the Owner’s concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the
Contractor’s default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and
with reasonable promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as
soon as practicable after the amount is determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond fifteen days after receipt of an additional written
notice from the Owner to the Surety demanding that the Surety perform its Obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety
proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety
has denied liability, in whole or in part, without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor’s right to complete the Construction Contract, and
if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the
Platte Valley Fuel Ethanol, LLC
April 24,2006
H-2
responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under
the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater
than those of the Owner under the Construction Contract. To the limit of the amount of this Bond,
but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs
and damages on the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
6.2 Additional legal design professional and delay costs resulting from the Contractor’s Default,
and resulting from the actions or failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are
unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced
or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators or
successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the work or part of the work is located and shall be
instituted within two years after Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations
under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
12. DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under
the Construction Contract after all proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in settlement of insurance or
other claims for damages to which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the
signature page, including all Contract Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Construction Contract.
Platte Valley Fuel Ethanol, LLC
April 24,2006
H-3
12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or to perform and complete or comply with the
other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
This bond is subject to the attached Dual Obligee Rider dated
(Space is provided below for additional signatures of added parties other than those appearing
on the cover page.)
|
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|
CONTRACTOR AS PRINCIPAL |
|
SURETY |
|
|
(Corporate Seal) |
|
(Corporate Seal) |
|
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|
Company:
|
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|
Company: |
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Address:
|
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|
Address: |
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Name and Title:
|
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Name and Title: |
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Signature:
|
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|
Signature: |
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|
Platte Valley Fuel Ethanol, LLC
April 24,2006
H-4
DUAL OBLIGEE RIDER
(TO BE ATTACHED TO BOND AT TIME OF ISSUANCE)
TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. , dated concurrently
with the execution of this Rider, issued by the , a corporation, as
Surety, on behalf of Xxxxx, Inc., as Principal, and in favor of , as Obligee.
IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to
include the following paragraph:
Notwithstanding anything contained herein to the contrary, there shall be no
liability on the part of the Principal or Surety under this bond to the Obligees, or
either of them, unless the Obligees, or either of them, shall make payments to the
Principal or to the Surety in case it arranges for completion of the Contract upon
default of the Principal, strictly in accordance with the terms of said Contract as
to payments, and shall perform all the other obligations required to be performed
under said Contract at the time and in the manner therein set forth.
IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to
change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth.
SIGNED, SEALED AND DATED this day of , 200_.
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Xxxxx, Inc. |
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(Contractor) |
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By: |
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[ ] |
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(Surety) |
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By: |
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Platte Valley Fuel Ethanol, LLC
April 24,2006
H-5
EXHIBIT I
Form of Payment Bond
PAYMENT BOND
The American Institute of Architects,
AIA Document No. A312 (December, 1984 Edition)
Any singular reference to Contractor, Surety, Owner or other
party shall be considered plural where applicable.
|
|
|
CONTRACTOR (Name and Address):
|
|
SURETY (Name and Principal Place |
Xxxxx, Inc.
|
|
Place of Business): |
P. O. Xxx 000 |
|
|
Xxxxxxx Xxxxx, XX 00000 |
|
|
OWNER (Name and Address): |
|
|
[NAME AND ADDRESS] |
|
|
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND#
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond: o None oSee Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Xxxxx, Inc.
|
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Signature:
|
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|
Signature: |
|
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Name and Title:
|
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Name and Title: |
|
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|
(Any additional signatures appear an page 2.)
(FOR INFORMATION Only- Name, Address and Telephone)
OWNER’S REPRESENTATIVE (Architect, Engineer or other party):
AGENT or BROKER:
Platte Valley Fuel Ethanol, LLC
April 24,2006
I-1
The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Contract, which is incorporated herein by
reference.
With respect to the Owner, this obligation shall be null and void if the Contractor:
1.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
1.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by
any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or
equipment furnished for use in the performance of the Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any
claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no Owner Default.
With respect to Claimants, this obligation shall be null and void if the Contractor promptly
makes payment, directly or Indirectly, for all sums due.
The Surety shall have no obligation to Claimants under this Bond until:
1.2.1 Claimants who are employed by or have a direct contract with the Contractor have given
notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof,
to the owner, stating that a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim.
1.2.2 Claimants who do not have a direct contract with the Contractor:
1.2.3 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial accuracy, the amount of the claim and the
name of the party to whom the materials were furnished or supplied or for whom the labor was done
or performed; and
1.2.4 Have either received a rejection in whole or in part from the Contractor, or not
received within 30 days of furnishing the above notice any communication from the Contractor by
which the Contractor has indicated the claim will be paid directly or Indirectly; and
1.2.5 Not having been paid within the above 30 days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and enclosing a copy of the previous written
notice furnished to the Contractor.
If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety
that is sufficient compliance.
Platte Valley Fuel Ethanol, LLC
April 24,2006
I-2
When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and
at the Surety’s expense take the following actions:
1.2.6 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt
of the claim, stating the amounts that are undisputed and the basis for challenging any amounts
that are disputed.
1.2.7 Pay or arrange for payment of any undisputed amounts.
The Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this
Bond shall be credited for any payments made in good faith by the Surety.
Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for
the performance of the Construction Contract and to satisfy claims, if any, under any Construction
Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner’s
priority to use the funds for the completion of the work.
The Surety shall not be liable to the Owner, Claimants or others for obligations of the
Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
The Surety hereby waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction in the location in which the work or part of the work is located or after
the expiration of one year from the date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone
or the last materials or equipment were furnished by anyone under the Construction Contract,
whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address
shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished, shall be sufficient compliance as of the date received at the address shown
on the signature page.
When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
Platte Valley Fuel Ethanol, LLC
April 24,2006
I-3
Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the
Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.
DEFINITIONS
Claimant: An individual or entity having a direct contract with the Contractor or with a
subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance
of the Contract. The intent of this Bond shall be to include without limitation in the terms
“labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the Contractor and the Contractor’s
subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
Construction Contract: The agreement between the Owner and the Contractor identified on the
signature page, including all Contract Documents and changes thereto.
Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or to perform and complete or comply with the
other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
This bond is subject to the attached Dual Obligee Rider dated [ ].
(Space is provided below for additional signatures of added parties other than those appearing on
the cover page.)
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|
CONTRACTOR AS PRINCIPAL |
|
SURETY |
|
|
(Corporate Seal) |
|
(Corporate Seal) |
|
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Company:
|
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Company: |
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Address:
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Address: |
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Name and Title:
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Name and Title: |
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Signature:
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Signature: |
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Platte Valley Fuel Ethanol, LLC
April 24,2006
I-4
DUAL OBLIGEE RIDER
(TO BE ATTACHED TO BOND AT TIME OF ISSUANCE)
TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. , dated concurrently
with the execution of this Rider, issued by the , a corporation, as
Surety, on behalf of Xxxxx, Inc., as Principal, and in favor of , as Obligee.
IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include
the following paragraph:
Notwithstanding anything contained herein to the contrary, there shall be no liability on the part
of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees,
or either of them, shall make payments to the Principal or to the Surety in case it arranges for
completion of the Contract upon default of the Principal, strictly in accordance with the terms of
said Contract as to payments, and shall perform all the other obligations required to be performed
under said Contract at the time and in the manner therein set forth.
IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or
vary the terms of the above described bond(s) except as hereinbefore set forth.
SIGNED, SEALED AND DATED this day of , 200_.
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Xxxxx, Inc.
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(Contractor) |
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By: |
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[ ] |
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(Surety) |
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By: |
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Platte Valley Fuel Ethanol, LLC
April 24,2006
I-5
EXHIBIT J
Draw (Payment) Schedule
PLATTE VALLEY FUEL ETHANOL EXPANSION
Central City,
NE
Monthly Draw Schedule — 14 Month Project
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Previously |
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Month # |
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This Month |
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Completed |
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Total |
1 |
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* |
**** |
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* |
**** |
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* |
**** |
2 |
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* |
**** |
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* |
**** |
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* |
**** |
3 |
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* |
**** |
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* |
**** |
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* |
**** |
4 |
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* |
**** |
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* |
**** |
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* |
**** |
5 |
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* |
**** |
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* |
**** |
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* |
**** |
6 |
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* |
**** |
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* |
**** |
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* |
**** |
7 |
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* |
**** |
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* |
**** |
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* |
**** |
8 |
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* |
**** |
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* |
**** |
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* |
**** |
9 |
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* |
**** |
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* |
**** |
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* |
**** |
10 |
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* |
**** |
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* |
**** |
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* |
**** |
11 |
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* |
**** |
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* |
**** |
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* |
**** |
12 |
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* |
**** |
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* |
**** |
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* |
**** |
13 |
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* |
**** |
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* |
**** |
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* |
**** |
14 |
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* |
**** |
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* |
**** |
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$42,679,009 |
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$42,679,009 |
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*** |
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***** Mobilization Fee included in 1st Billing |
Platte Valley Fuel Ethanol, LLC
April 24,2006
J-1
EXHIBIT K
Air Emissions Application or Permit
See Air Permit Application Attached
Platte Valley Fuel Ethanol, LLC
April 24, 2006
K-1
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0000 Xxxxx Xxxxx Xxxxx |
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Xxxxx X |
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Xxxx Xxxxxxx, Xxxxxxxx 00000 |
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000-000-0000 |
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FAX: 000-000-0000 |
April 20, 2006
Xx. Xxxxx Xxxxx
Nebraska Department of Environmental Quality
0000 X Xxxxxx, Xxxxx 000, The Atrium
X.X. Xxx 00000
Xxxxxxx, XX 00000-0000
Re: Platte Valley Fuel Ethanol, LLC, Construction Permit
Dear Xxxxx,
The Nebraska Department of Environmental Quality (NDEQ) is currently reviewing a
construction permit application by Platte Valley Fuel Ethanol LLC (PVFE) to increase the
plant production capacity to approximately 100 MM gallons per year of denatured ethanol.
This letter is intended to convey additional information regarding PVFE’s proposed equipment
and design so that the construction permit accurately reflects PVFE’s intended equipment and
operation. The changes to PVFE’s proposed equipment and design have only a very minor effect
on overall plant emissions.
Stack B11:
PVFE has determined that the expansion no longer needs the new package boiler, B11.
PVFE is requesting that this unit and all associated emissions be removed from the
construction permit application.
Stack ID S10:
As a result of not installing the package boiler, the existing thermal oxidizer and
associated heat recovery steam generator (TO/HRSG) will be modified to operate only as a
steam generating unit; process emissions will no longer be routed to this unit for emissions
control. Instead, the regenerative thermal oxidizer (RTO) that was originally designed to act
in slipstream with the TO/HRSG will now provide all of the emissions control for the DDGS
dryers and any process emissions (distillation). The effluent from the RTO will be exhausted
out the existing S10 stack.
In order to accommodate the greater steam demand associated with the ethanol production
increase, the burners in the existing TO/HRSG unit will be replaced. Again, the TO/HRSG will
be converted to a boiler configuration and no process emissions will be routed to
this unit for pollution control. The new heat rating will be approximately 238 MMBtu/hr, up from 125
MMBtu/hr. The burner exhaust will be routed through the existing HRSG for steam production
and then through the existing S10 stack, along with the RTO exhaust.
With the proposed equipment modification, the potential emissions from S10 will increase due
to the increase of fuel combustion. However, the increase of potential emissions from S10 will be
generally off-set by the removal of any potential emissions from the package boiler. Therefore,
overall potential emissions from the facility will essentially be unchanged from what was
submitted by PVFE in the construction permit application.
The existing TO/HRSG unit is already subject to New Source Performance Standards (NSPS)
Subpart Db and will continue to be subject to Subpart Db following the proposed modification.
Haul Roads:
In order to meet the National and Nebraska Ambient Air Quality Standards as determined by
dispersion modeling, PVFE is requesting that the new construction permit include a limit on the
truck shipments of final denatured ethanol product to 50% of the total production Therefore,
overall fugitive particulate emissions from the haul roads have been reduced.
Closing
In support of these planned equipment modifications, a new PVFE site layout, updated process
flow diagram, and a summary of the revised emission calculations are enclosed. These proposed
changes will not cause any significant increase in potential emissions as reflected in PVFE’s
construction permit application. The dispersion modeling results in support of these changes have
been submitted to Xx. Xxxxx Xxxxx of NDEQ.
As you know, PVFE is currently constructing new grain storage units under a variance issued by
NDEQ. PVFE is anxious to finalize the permit in order allow construction of the remaining equipment
to continue uninterrupted. PVFE greatly appreciates your assistance in this matter. If you have any
questions regarding these changes, please contact Mr. Xxxx Xxxxxxxx at (000) 000-0000 or me at
(000) 000-0000 or xxxxxxxxxx@xxx-xxxxxxxx.xxx.
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Regards, |
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![-s- Aaron Martinkus](https://www.sec.gov/Archives/edgar/data/1332341/000095013706010380/c04944a2c0494430.gif) |
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Xxxxx Xxxxxxxxx |
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Project Manager |
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Air Resource Specialists, Inc. |
: enclosure
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cc:
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Xxxx Xxxxxxxx, PVFE |
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Xxxxx Xxxxx, NDEQ |
Platte Valley Fuel Ethanol, LLC — Central City, Nebraska April 2006
Air Quality Emissions Summary
Prepared by Air Resource Specialists, Inc.
Potential to Emit — Revised Construction Permit Application for 100 MMgal per year expansion.
See Attached Sheets for details of emission calculations
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Emission Unit(s) |
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PM |
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PM-10 |
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NOx |
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SO2 |
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CO |
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VOC |
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Com Unloading |
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7.51 |
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7.51 |
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Grain Handling, Hammermill |
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7.51 |
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7.51 |
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DDGS Loading |
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0.66 |
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0.66 |
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Grain Handling Fugitives |
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1.41 |
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0.33 |
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Steam Generator/DDGS Dryers/RTO |
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40.42 |
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40.42 |
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145.42 |
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62.38 |
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181.91 |
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46.36 |
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DDGS Cooler |
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8.28 |
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8.28 |
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24.38 |
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CO2 scrubber |
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47.50 |
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CO2 scrubber (Expansion) |
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47.50 |
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Product Loading |
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6.51 |
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Fugitive Leaks |
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6.62 |
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Storage Tanks |
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4.16 |
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Biomethanator Flare |
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0.95 |
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5.19 |
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0.73 |
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Rail Loadout Flare |
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0.87 |
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4.74 |
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Truck Loadout Flare |
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0.62 |
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3.38 |
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Cooling Towers |
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18.68 |
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18.68 |
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Plant Roads |
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27.21 |
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5.31 |
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Total Potential to Emit |
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111.68 |
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88.69 |
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147.86 |
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62.38 |
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195.21 |
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183.75 |
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Hazardous Air Pollutants (HAPs) Summary
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Compound |
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tons per year |
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Formaldehyde |
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0.7442 |
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Acetaldehyde |
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9.7080 |
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Methanol |
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3.2782 |
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Xxxxxxxx |
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0.0000 |
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Xxxxxx |
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2.7220 |
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Toluene |
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0.9924 |
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Benzene |
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0.1679 |
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Nickel |
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0.0031 |
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Chromium |
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0.0020 |
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Dichlorobenzene |
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0.0017 |
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Cadmium |
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0.0016 |
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Xxxxxxxxxxx |
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0.0000 |
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Xxxxxxxxx |
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0.0006 |
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Mercury |
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0.0004 |
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Arsenic |
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0.0003 |
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Cobalt |
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0.0001 |
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2-Methylnaphthalene |
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0.000035 |
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Phenanthrene |
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0.000025 |
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Pyrene |
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0.000007 |
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Fluoranthene |
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0.000004 |
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Fluorene |
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0.000004 |
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Xylenes |
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0.7826 |
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Cumene |
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0.0653 |
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Ethylbenzene |
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0.1304 |
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Carbon disulfide |
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0.0000 |
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TOTAL |
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22.78 |
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Platte Valley Fuel Ethanol, Inc.
SO2, NOx, CO, VOC, PM/PM-10
Emissions from Dryers/Regenerative Thermal Oxidizer/Steam Generator Stack (S10):
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Technical
Basis: |
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NOx emissions are calculated from fuel consumptions at the dryers, steam generator,
and (RTO). SO2 emissions are related to ethanol production — sulfur in the process
comes from sulfuric acid consumption. |
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Use of sulfur acid is related to ethanol produced. Sulfur emissions
based on limited SO2 testing data from similar facilities plus
a margin of safety. |
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PM/VOC/CO emissions are related to DDGS production. These pollutants are primarily
produced in |
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the DDGS dryer. Emission factors are based on testing data plus a
margin of safety and include the effects of the control device (RTO). |
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Contribution from fuel combustion is included with the emission
factor. |
Production Information
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Anhydrous Ethanol |
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Hrs of |
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BTU content |
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DDGS |
Production |
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Operation |
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of natural gas |
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produced |
gal/year |
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hours/year |
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Btu/scf |
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tons/yr |
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9.50E+07 |
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8760 |
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1000 |
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325,000 |
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NOx from Natural Gas Combustion
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Rating |
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E Factors |
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E Factors |
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PTE |
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PTE |
Unit |
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Fuel |
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MMBtu/hr |
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Pollutant |
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Ib/MMBtu |
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Ib/MMscf |
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Ib/hr |
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tpy |
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RTO |
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Natural Gas |
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10 |
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NOx |
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0.10 |
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1.00 |
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4.38 |
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DDGS Dryer #1 |
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Natural Gas |
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42 |
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NOx |
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100 |
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4.20 |
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18.40 |
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DDGS Dryer #2 |
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Natural Gas |
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42 |
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NOx |
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100 |
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4.20 |
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18.40 |
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Combined emissions from single stack (S10) |
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9.40 |
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41.17 |
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SO2 from Ethanol Production (Sulfuric Acid Consumption)
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Ethanol |
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Combined |
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E Factors |
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Production |
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PTE |
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PTE |
Unit |
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Fuel |
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MMBtu/hr |
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Pollutant |
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Ib/gal EtOH |
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gal/year |
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Ib/hr |
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tpy |
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RTO/Dryers |
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Natural Gas |
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94 |
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SO2 |
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0.0013 |
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9.50E+07 |
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14.10 |
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61.75 |
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Emissions from combustion of natural gas at steam generator
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Basis:
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Use AP-42 emission factors or based on similar equipment at other facilities. |
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Unit assumed to operate full-time and maximum fuel input capacity. |
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PTE based on higher of 100% natural gas. |
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BTU content of natural gas
1000 Btu/scf |
Boiler Emissions with Natural Gas
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Size |
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E Factors |
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E Factors |
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PTE |
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PTE |
Unit |
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Fuel |
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MMBtu/hr |
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Pollutant |
|
Ib/MMBtu |
|
Ib/MMscf |
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Ib/hr |
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ton/yr |
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Steam |
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N Gas |
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|
238 |
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NOx |
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0.1 |
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23.80 |
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104.24 |
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Generator |
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SO2 |
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0.6 |
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0.14 |
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0.63 |
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CO |
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42 |
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10.00 |
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43.78 |
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VOC |
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5.5 |
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1.31 |
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5.73 |
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PM/PM-10* |
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7.6 |
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1.81 |
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7.92 |
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* |
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Includes condensable fraction |
Platte Valley Fuel Ethanol, Inc.
DDGS Dryers
|
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Emission factors and grain throughput based on stack test results and safety
factor. Emissions include effects of control device (regenerative thermal
oxidizer). Contribution from fuel combustion included within the emission
factor for PM/PM-10, VOC, and CO. Emissions associated from RTO are routed
through stack S10 and included in emission factors. HAPs associated with
natural gas combustion included with RTO/Dryer fuel combustion sheet.
The facility will only have the capability of drying approximately 1/2 of the
final product to DDGS. If the maximum amount of grain is dried, the remaining
product will be WDGS. Otherwise, PVFE will produce all modified product,
(approximately 714,000 tons per year.) |
8760 hours/year
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Maximum DDGS equivalent production
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325,000 |
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tons |
DDGS Dryers |
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(Vented Through S10
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PM/PM-10
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0.20 |
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Ib/ton |
Stack, see total below)
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32.50 |
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tpy |
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VOC
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|
0.25 |
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Ib/ton |
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40.63 |
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tpy |
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|
|
CO
|
|
|
0.85 |
|
|
Ib/ton |
|
|
|
|
|
138.13 |
|
|
tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total RTO/Dryers Emissions |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PM/PM-10:
|
|
|
7.42 |
|
|
Ibs/hr
|
|
|
32.50 |
|
|
tpy |
|
|
VOC:
|
|
|
9.28 |
|
|
Ibs/hr
|
|
|
40.63 |
|
|
tpy |
|
|
CO:
|
|
|
31.54 |
|
|
Ibs/hr
|
|
|
138.13 |
|
|
tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
HAPs from Stack X00
|
|
Xxxxxxxxxxxx
|
|
1.51E-03
|
|
Ib/ton
|
|
|
0.245 |
|
|
tpy |
|
|
Acetaldehyde
|
|
1.07E-02
|
|
Ib/ton
|
|
|
1.743 |
|
|
tpy |
|
|
Methanol
|
|
1.01E-02
|
|
Ib/ton
|
|
|
1.647 |
|
|
tpy |
|
|
Acrolein
|
|
8.87E-03
|
|
Ib/ton
|
|
|
1.441 |
|
|
tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
When emissions measured at detection limit, detection limit was assumed. (Methanol and Acrolein) |
Platte Valley Fuel Ethanol, Inc.
Potential VOC emissions from Evaporative Losses
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loading Operations — Trucks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Basis: |
|
Calculated from AP-42,
Section 5.2.2 — Loading
Losses. Assume all ethanol loaded into trucks
previously containing gasoline. This is a
worst-case assumption, for truck loading.
Vapor Pressure and molar mass based on Tanks
output data for RVP13 gasoline. Losses
calculated using this factor multiplied by
loading rates |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Equation:
|
|
12.46*S*P*M /T*(1-eff/100)
|
|
|
|
|
|
|
|
|
|
where: |
|
S=0.6 |
|
|
0.6 |
|
|
Saturation factor |
|
|
|
|
P=5.9581 |
|
|
5.9581 |
|
|
Vapor pressure (psia) |
|
|
|
|
M=62 |
|
|
62.00 |
|
|
Molar Mass (Ib/lb-mole) |
|
|
|
|
T=530 |
|
|
530 |
|
|
Product Temp (deg R) |
|
|
|
|
|
|
|
95.00% |
|
|
Collection & Control Efficiency (%) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
AP-42 Factor: |
|
|
|
|
0.261 |
|
|
lb/1000 gal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ethanol loading rate
|
|
|
|
|
|
|
|
|
|
|
|
|
50.00E+06 |
|
|
gal/yr
|
|
50% of Final Product |
VOC Loading losses
|
|
|
|
|
|
|
|
|
|
|
|
|
13027 |
|
|
Ib/yr |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6.51 |
|
|
tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6.51 |
|
|
tpy
|
|
Truck hauling is worst case scenario
for loading emissions, as such
rail loading emissions not included. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loading Operations — Railcars |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Basis: |
|
Calculated from AP-42,
Section 5.2.2 — Loading Losses |
|
|
Equation:
|
|
12.46*S*P*M/T |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
where: |
|
S=0.6 |
|
|
0.6 |
|
|
Saturation factor |
|
|
|
|
P=0.5965 |
|
|
0.5965 |
|
|
Vapor pressure (psia) |
|
|
|
|
M=49.8632 |
|
|
49.86 |
|
|
Molar Mass (Ib/lb-mole) |
|
|
|
|
T=530 |
|
|
530 |
|
|
Product Temp (deg R) |
|
|
AP-42 Factor: |
|
|
0.42 |
|
|
lb/1000 gal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Losses calculated using this factor multiplied
by loading rates
|
|
|
|
|
|
|
|
|
|
|
Ethanol loading rate
|
|
|
|
|
|
|
|
|
|
|
|
|
01.0E+08 |
|
|
gal/yr |
|
|
VOC Loading losses
|
|
|
|
|
|
|
|
|
|
|
|
|
41952 |
|
|
Ib/yr |
|
|
Uncontrolled Losses
|
|
|
|
|
|
|
|
|
|
|
|
|
20.98 |
|
|
tpy |
|
|
Rail Loadout Flare
|
|
|
|
|
|
|
|
|
|
|
|
|
95% |
|
|
Control Efficiency (%) |
|
|
|
|
|
|
|
|
|
|
|
|
|
1.05 |
|
|
Tons per year |
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00 |
|
|
tpy |
|
|
*** Note: VOC from the fuel combustion at the flare are included in these values.
|
|
|
|
|
Fugitive Emissions
|
|
Basis:
|
|
Leak Rate (SOCMI average)
multiplied by no. of components. |
|
|
|
|
Component count based on existing
count plus 50% increase for new equipment. |
|
|
|
|
Leak Rates and VOC control from: Protocol for Leak Emission Estimates |
|
|
|
|
E PA-453/R-95-017, November1995 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Equipment |
|
Number |
|
Leak Rate |
|
VOC |
|
VOC |
|
Subpart VV Control |
|
VOC |
|
|
|
|
|
|
(kg/hr/source) |
|
Ib/hr |
|
tpy |
|
percent |
|
tpy |
Light Liquid Valves |
|
|
533 |
|
|
|
0.00403 |
|
|
|
4.73 |
|
|
|
20.72 |
|
|
|
84.00 |
|
|
|
3.32 |
|
Light Liquid Pumps |
|
|
30 |
|
|
|
0.0199 |
|
|
|
1.31 |
|
|
|
5.76 |
|
|
|
69.00 |
|
|
|
1.79 |
|
Gas Valves |
|
|
203 |
|
|
|
0.00597 |
|
|
|
2.67 |
|
|
|
11.69 |
|
|
|
87.00 |
|
|
|
1.52 |
|
|
|
|
|
|
|
|
VOC |
|
Uncontrolled |
|
|
38.17 |
|
|
Controlled |
|
|
6.62 |
|
Platte Valley Fuel Ethanol, LLC
Internal Plant Roads — Paved
Basis: AP-42 Section 13.2.1 Paved Roads
Ibs/VMT Equation: E=k (sL/2)0.65 (W/3)1.5
|
|
|
|
|
|
|
|
|
|
|
particle size multiplier
|
|
kPM
|
|
|
0.082 |
|
|
dimensionless
|
PM |
|
|
|
kPM-10
|
|
|
0.016 |
|
|
dimensionless
|
PM-10 |
|
road surface silt loading
|
|
sL
|
|
|
1.0 |
|
|
g/m2
|
* |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck |
|
Empty |
|
Full |
|
Weighted Average |
|
|
|
|
|
|
|
|
|
Total Vehicle |
|
Total Vehicle |
|
|
Capacity |
|
Vehicle |
|
Weight |
|
Vehicle Weight |
|
Emission |
|
Total |
|
Emissions |
|
Emissions |
Emission Area |
|
(tons) |
|
Weight (tons) |
|
(tons) |
|
(tons) |
|
Factor (Ib/VMT) |
|
VMT |
|
(Ib/yr) |
|
(tpy) |
Internal Plant Roads (PM) |
|
|
25 |
|
|
|
15 |
|
|
|
40 |
|
|
|
26.29 |
|
|
|
1.355 |
|
|
|
40157 |
|
|
|
54,428 |
|
|
|
27.21 |
|
Internal Plant Roads (PM-10) |
|
|
25 |
|
|
|
15 |
|
|
|
40 |
|
|
|
26.29 |
|
|
|
0.264 |
|
|
|
40157 |
|
|
|
10,620 |
|
|
|
5.31 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VMT Calculations |
|
Load Size |
|
|
|
|
|
|
Annual Need |
|
|
% by Truck |
|
|
Annual Needs/Truck Only |
|
|
Trips |
|
Denaturant |
|
|
7500 |
|
|
gal |
|
|
5 |
|
|
|
100 |
% |
|
|
5.00 |
|
|
MM gal |
|
|
667 |
|
Final Ethanol Product
(Denatured) |
|
|
7500 |
|
|
gal |
|
|
50 |
|
|
|
100 |
% |
|
|
50.00 |
|
|
MM gal |
|
|
6,667 |
|
Grain |
|
|
25 |
|
|
ton |
|
|
1,000,000 |
|
|
|
100 |
% |
|
|
1,000,000 |
|
|
tons |
|
|
40,000 |
|
MWDGS |
|
|
25 |
|
|
ton |
|
|
714,286 |
|
|
|
100 |
% |
|
|
714,286 |
|
|
tons |
|
|
28,571 |
|
* Surface silt loading from most recent site testing data on 6/22/05 was 0.207 g/m2.
** Road
emissions determined on shipping Modified Wet Distillers Grain
Grain density
assumed 35.7 bu/ton (about 56 Ib/bu) Mileage Based on proposed
facility layout
(see
Paved Road — Basis for Calculations sheet)
Paved Roads — Basis for Calculations
Platte Valley Fuel Ethanol, LLC — Central City, Nebraska
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Denatured Ethanol Produced: |
|
|
100 |
|
|
MM gal/yr |
|
|
|
|
|
|
Ethanol |
|
|
|
|
|
|
|
|
|
|
|
|
Denatured Ethanol Annual
Production |
|
|
50 |
|
|
MM gal |
|
50% Total Denatured Ethanol |
Capacity of
Truck |
|
|
7,500 |
|
|
gal |
|
Transported by Truck |
Estimated Annual Truck Trips |
|
|
6,667 |
|
|
trips |
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
1,195 |
|
|
feet per trip EMPTY |
|
|
1508.84 |
|
|
miles EMPTY |
|
|
|
2,708 |
|
|
feet per trip FULL |
|
|
3419.19 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
4928.03 |
|
|
|
Denaturant |
|
|
|
|
|
|
|
|
|
|
|
|
Denaturant Annual Usage |
|
|
5 |
|
|
MM gal |
|
|
|
|
|
|
Capacity of Truck |
|
|
7,500 |
|
|
gal |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
667 |
|
|
trips |
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
2,708 |
|
|
feet per trip EMPTY |
|
|
341.92 |
|
|
miles EMPTY |
|
|
|
1,195 |
|
|
feet per trip FULL |
|
|
150.88 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
492.80 |
|
|
|
Grain |
|
|
|
|
|
|
|
|
|
|
|
|
Grain Annual Receiving |
|
|
1,000,000 |
|
|
tons |
|
|
|
|
|
|
Capacity of Truck |
|
|
25 |
|
|
tons |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
40,000 |
|
|
trips |
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
2,333 |
|
|
feet per trip EMPTY |
|
|
17674.24 |
|
|
miles EMPTY |
|
|
|
1,745 |
|
|
feet per trip FULL |
|
|
13219.70 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
30893.94 |
|
|
|
MWDGS |
|
|
|
|
|
|
|
|
|
|
|
|
MWDGS Annual Production |
|
|
714,286 |
|
|
tons |
|
* Assume 40 lbs MWDGS / bushed grain |
Capacity of Truck |
|
|
25 |
|
|
tons |
|
@ 50% moisture. |
Estimated Annual Truck Trips |
|
|
28,571 |
|
|
trips |
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
463 |
|
|
feet per trip EMPTY |
|
|
2502.71 |
|
|
miles EMPTY |
|
|
|
248 |
|
|
feet per trip FULL |
|
|
1339.29 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
3841.99 |
|
|
|
Total Miles Calculated, as follows: X feet * (1mile / 5280 feet) * number of truck trips |
|
|
|
|
Total Miles |
|
|
22,027.71 |
|
|
miles EMPTY |
|
54.9% percent of total miles are EMPTY trucks |
|
|
|
18,129.06 |
|
|
miles FULL |
|
45.1% percent of total miles are FULL trucks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
40,156.76 |
|
|
|
|
|
|
|
|
|
Empty truck is estimated to weigh 15 tons (for both
liquids and solids)
Full Truck is estimated to weigh 40
tons (for both liquids and solids)
|
|
|
* |
|
Assume all MWDGS production and shipment by truck, as this worst-case for determining average
vehicle weight. |
Weighted Average (0.548542845477074) (15) + (0.451457154522926) (40) =
8.22814268215611+18.0582861809171= 00.00 xxxx
Xxxxxx Xxxxxx Fuel Ethanol, LLC
[ILLEGIBLE TABLE]
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Empty |
|
Full |
|
feet |
EtOH |
|
|
1,195.00 |
|
|
|
2,708.00 |
|
|
|
3,903.00 |
|
Denat |
|
|
2,708.00 |
|
|
|
1,195.00 |
|
|
|
3,903.00 |
|
MWDGS |
|
|
462.50 |
|
|
|
247.50 |
|
|
|
710.00 |
|
Grain |
|
|
2,333.00 |
|
|
|
1,745.00 |
|
|
|
4,078.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
12,594.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
trips |
|
VFT |
|
VMT |
EtOH |
|
|
6,667.00 |
|
|
|
26,021,301 |
|
|
|
4,928.28 |
|
Denat |
|
|
667.00 |
|
|
|
2,603,301 |
|
|
|
493.05 |
|
MWDGS |
|
|
28,571.00 |
|
|
|
20,285,410 |
|
|
|
3,841.93 |
|
Grain |
|
|
40,000.00 |
|
|
|
163,120,000 |
|
|
|
30,893.94 |
|
|
|
|
|
|
|
|
|
|
|
|
|
40,157.20 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Load/Unld |
|
Annual Trips |
|
|
|
|
|
|
|
|
|
Ethanol |
|
|
6,667 |
|
|
|
|
|
|
|
Denaturant |
|
|
667 |
|
|
|
|
|
|
|
MWDGS |
|
|
28,571 |
|
|
|
|
|
|
|
Grain |
|
|
40,000 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total emissions: |
|
5.31 tpy |
|
|
|
|
|
|
|
|
|
|
1.212 lb/hr |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emissions |
Section |
|
Length (ft) |
|
Trips |
|
Total ft. |
|
Miles |
|
% of emissions |
|
(lb/hr) |
|
Ethanol |
|
|
3903 |
|
|
|
6,667 |
|
|
|
26,021,301 |
|
|
|
4,928.28 |
|
|
|
12 |
% |
|
|
0.149 |
|
Denaturant |
|
|
3903 |
|
|
|
667 |
|
|
|
2,603,301 |
|
|
|
493.05 |
|
|
|
1 |
% |
|
|
0.015 |
|
MWDGS |
|
|
710 |
|
|
|
28,571 |
|
|
|
20,285,410 |
|
|
|
3,842 |
|
|
|
10 |
% |
|
|
0116 |
|
Grain |
|
|
4078 |
|
|
|
40,000 |
|
|
|
163,120,000 |
|
|
|
30,894 |
|
|
|
77 |
% |
|
|
0.933 |
|
|
|
|
|
|
|
|
total |
|
|
212,030,012 |
|
|
|
40,157 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck Type |
|
VFT |
|
VMT |
|
Emission Factor (lb/VMT) |
|
Ton/yr |
|
lb/hr |
|
Area |
|
Emission Rate |
|
Etnanol |
|
|
26,021,301 |
|
|
|
4,928.277 |
|
|
|
0.264 |
|
|
|
0.651 |
|
|
|
0.149 |
|
|
|
88,740 |
|
|
|
1.68E-06 |
|
Denaturant |
|
|
2,603,301 |
|
|
|
493.049 |
|
|
|
0.264 |
|
|
|
0.065 |
|
|
|
0.015 |
|
|
|
88,740 |
|
|
|
1.68E-07 |
|
MWDGS |
|
|
20,285,410 |
|
|
|
3,841.934 |
|
|
|
0.264 |
|
|
|
0 508 |
|
|
|
0.116 |
|
|
|
21,300 |
|
|
|
5.44E-06 |
|
Grain |
|
|
163,120,000 |
|
|
|
30,893.939 |
|
|
|
0.264 |
|
|
|
4.081 |
|
|
|
0.932 |
|
|
|
93,990 |
|
|
|
9.91E-06 |
|
|
Total |
|
|
212,030,012 |
|
|
|
40,157.199 |
|
|
|
0.264 |
|
|
|
5.305 |
|
|
|
1.211 |
|
|
|
292,770 |
|
|
lb/hr/ft^2 |
The emission rates shown in blue above should used
that contains the specific truck traffic.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Segment |
|
Length (ft) |
|
Width (ft) |
|
Area (ft^2) |
|
lb/hr |
|
|
|
|
|
|
|
|
|
|
|
5250 |
|
|
|
0.062 |
|
|
|
|
|
|
|
|
|
|
|
|
5100 |
|
|
|
0.060 |
|
|
|
|
|
|
|
|
|
|
|
|
9000 |
|
|
|
0.106 |
|
|
|
|
|
|
|
|
|
|
|
|
9000 |
|
|
|
0.106 |
|
[ILLEGIBLE] |
|
[ILLEGIBLE] |
|
[ILLEGIBLE] |
|
|
7500 |
|
|
|
0.088 |
|
|
|
|
|
|
|
|
|
|
|
|
3000 |
|
|
|
0.035 |
|
|
|
|
|
|
|
|
|
|
|
|
3000 |
|
|
|
0.030 |
|
|
|
|
|
|
|
|
|
|
|
|
2250 |
|
|
|
0.022 |
|
|
|
|
|
|
|
|
|
|
|
|
8250 |
|
|
|
0.082 |
|
|
|
|
|
|
|
|
|
|
|
|
6000 |
|
|
|
0.059 |
|
|
|
|
|
|
|
|
|
|
|
|
1890 |
|
|
|
0.019 |
|
|
|
|
|
|
|
|
|
|
|
|
3000 |
|
|
|
0.030 |
|
|
|
|
|
|
|
|
|
|
|
|
4500 |
|
|
|
0.053 |
|
|
|
|
|
|
|
|
|
|
|
|
5250 |
|
|
|
0.062 |
|
|
|
|
|
|
|
|
|
|
|
|
1950 |
|
|
|
0.023 |
|
|
|
|
|
|
|
|
|
|
|
|
2550 |
|
|
|
0.030 |
|
|
|
|
|
|
|
|
|
|
|
|
7500 |
|
|
|
0.088 |
|
|
|
|
|
|
|
|
|
|
|
|
9000 |
|
|
|
0.106 |
|
|
|
|
|
|
|
|
|
|
|
|
9000 |
|
|
|
0.017 |
|
|
|
|
|
|
|
|
|
|
|
|
9000 |
|
|
|
0.017 |
|
|
|
|
|
|
|
|
|
|
|
|
1140 |
|
|
|
0.002 |
|
|
|
|
|
|
|
|
|
|
|
|
4200 |
|
|
|
0.023 |
|
|
|
|
|
|
|
|
|
|
|
|
6450 |
|
|
|
0.035 |
|
|
|
|
|
|
|
|
|
|
|
|
6450 |
|
|
|
0.035 |
|
|
|
|
|
|
|
|
|
|
|
|
4200 |
|
|
|
0.023 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
134430 |
|
|
|
1.211 |
|
PTE HAPs Calculations for Natural Gas
Platte Valley Fuel Ethanol, Inc.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emission Factor |
|
Amount Per |
|
Emissions |
|
Emissions |
Unit |
|
Organic Compound |
|
(lb/million ft3) |
|
Year (MM scf) |
|
(lb/yr) |
|
(tpy) |
See Below |
|
Hexane |
|
|
1.8 |
|
|
|
2,908.32 |
|
|
|
5,234.98 |
|
|
|
2.6175 |
|
|
|
Formaldehyde |
|
|
7.50E-02 |
|
|
|
|
|
|
|
218.12 |
|
|
|
0.1091 |
|
|
|
Toluene |
|
|
3.40E-03 |
|
|
|
|
|
|
|
9.89 |
|
|
|
0.0049 |
|
|
|
Benzene |
|
|
2.10E-03 |
|
|
|
|
|
|
|
6.11 |
|
|
|
0.0031 |
|
|
|
Nickel |
|
|
2.10E-03 |
|
|
|
|
|
|
|
6.11 |
|
|
|
0.0031 |
|
|
|
Chromium |
|
|
1.40E-03 |
|
|
|
|
|
|
|
4.07 |
|
|
|
0.0020 |
|
|
|
Dichlorobenzene |
|
|
1.20E-03 |
|
|
|
|
|
|
|
3.49 |
|
|
|
0.0017 |
|
|
|
Cadmium |
|
|
1.10E-03 |
|
|
|
|
|
|
|
3.20 |
|
|
|
0.0016 |
|
|
|
Naphthalene |
|
|
6.10E-04 |
|
|
|
|
|
|
|
1.77 |
|
|
|
0.00089 |
|
|
|
Manganese |
|
|
3.80E-04 |
|
|
|
|
|
|
|
1.11 |
|
|
|
0.00055 |
|
|
|
Mercury |
|
|
2.60E-04 |
|
|
|
|
|
|
|
0.76 |
|
|
|
0.00038 |
|
|
|
Arsenic |
|
|
2.00E-04 |
|
|
|
|
|
|
|
0.58 |
|
|
|
0.00029 |
|
|
|
Cobalt |
|
|
8.40E-05 |
|
|
|
|
|
|
|
0.24 |
|
|
|
0.00012 |
|
|
|
2-Methylnaphthalene |
|
|
2.40E-05 |
|
|
|
|
|
|
|
0.07 |
|
|
|
0.000035 |
|
|
|
Phenanthrene |
|
|
1.70E-05 |
|
|
|
|
|
|
|
0.05 |
|
|
|
0.000025 |
|
|
|
Pyrene |
|
|
5.00E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000073 |
|
|
|
Fluoranthene |
|
|
3.00E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000044 |
|
|
|
Fluorene |
|
|
2.80E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000041 |
|
|
|
|
|
|
|
|
|
Totals: |
|
|
5490.58 |
|
|
|
2.75 |
|
Calculate Thermal Oxidizer Unit/Dryer Natural Gas Consumption
|
|
|
|
|
|
|
Steam Generator
|
|
|
238.00 |
|
|
MMBtu/hr |
XXX
|
|
|
00 |
|
|
XXXxx/xx |
Xxxxx #0
|
|
|
00 |
|
|
XXXxx/xx |
Dryer #2
|
|
|
42 |
|
|
MMBtu/hr |
SUM
|
|
|
332 |
|
|
MMBtu/hr |
|
|
|
1,000.00 |
|
|
BTU/scf |
|
|
|
332,000.00 |
|
|
scf/hr |
|
|
|
2,908.32 |
|
|
MMscf/yr |
|
|
|
Notes:
|
|
Emission factors taken from AP-42, Table 1.4-3 and 1.4-4 (7/98) |
|
|
Only factors for pollutants notes as HAPs as defined by Section 112(b) of the Clean
Air Act listed |
|
|
Factors marked as “less than” were omitted as emissions from such
pollutants are considered negligible |
Platte Valley Fuel Ethanol, Inc.
Final Product PTE HAPs Calculations:
Compounds: Acetaldehyde and Methanol, both at 200 ppm in Final Product
Assume the same composition in all VOCs that are predominantly ethanol
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VOC |
|
HAP |
|
HAPs Emissions |
|
HAP Emissions |
|
Total |
Tank |
|
Process/ |
|
Emissions |
|
Emissions |
|
Acetaldehyde |
|
Methanol |
|
HAPs Emissions |
ID No. |
|
Tank Type |
|
(tpy) |
|
Factor (%) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
|
|
|
Valves and Pumps |
|
|
6.62 |
|
|
|
0.0002 |
|
|
|
0.0013 |
|
|
|
0.0013 |
|
|
|
0.0026 |
|
|
|
|
|
95% of Total Railcar
Loading VOCs |
|
|
1.00 |
|
|
|
0.0002 |
|
|
|
0.0002 |
|
|
|
0.0002 |
|
|
|
0.0004 |
|
|
T61, T62, T66 |
|
|
95% of Denatured Ethanol
Storage |
|
|
0.83 |
|
|
|
0.0002 |
|
|
|
0.0002 |
|
|
|
0.0002 |
|
|
|
0.0003 |
|
|
T63, T67 |
|
|
200 Proof Ethanol Storage |
|
|
0.63 |
|
|
|
0.0002 |
|
|
|
0.0001 |
|
|
|
0.0001 |
|
|
|
0.0003 |
|
|
T65, T68 |
|
|
190 Proof Ethanol Storage |
|
|
0.65 |
|
|
|
0.0002 |
|
|
|
0.0001 |
|
|
|
0.0001 |
|
|
|
0.0003 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(sum of product tanks): |
|
|
|
|
|
|
0.0039 |
|
|
|
|
Denaturant:
|
|
Composition based on MSDS listed for one supplier (mid point used if a range given). |
|
|
Most denaturants are similar in composition. |
|
|
Only listed HAPs are given below. |
|
|
|
|
|
|
|
|
|
Total VOC from denaturant tanks |
|
2.00 tpy |
|
See TANKS data sheet |
5% of Total VOCs from Rail Loadout |
|
0.05 tpy |
|
|
|
|
5% of Denatured Ethanol Storage |
|
0.04 tpy |
|
|
|
|
TOTAL |
|
2.09 tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HAP |
|
|
HAP |
|
|
|
Mass |
|
|
Emissions |
|
|
Emissions |
|
Compound |
|
Fraction |
|
|
(lb/yr) |
|
|
(tpy) |
|
n-Hexane |
|
|
0.05 |
|
|
|
209.0947 |
|
|
|
0.10455 |
|
Toluene |
|
|
0.005 |
|
|
|
20.9095 |
|
|
|
0.01045 |
|
Benzene |
|
|
0.0025 |
|
|
|
10.4547 |
|
|
|
0.00523 |
|
Xylenes |
|
|
0.0005 |
|
|
|
2.0909 |
|
|
|
0.00105 |
|
Cumene |
|
|
0.0001 |
|
|
|
0.4182 |
|
|
|
0.00021 |
|
Ethylbenzene |
|
|
0.00005 |
|
|
|
0.2091 |
|
|
|
0.00010 |
|
Carbon disulfide |
|
|
0.00002 |
|
|
|
0.0836 |
|
|
|
0.00004 |
|
Total HAPs |
|
|
|
|
|
243.26 lb/yr |
|
|
|
|
|
|
|
|
|
|
0.12 ton/yr |
|
|
|
|
|
|
|
Truck Loading:
|
|
Composition based on MSDS listed for unleaded gasoline (mid point used if a range given). |
|
|
Most gasoline is similar in composition. |
|
|
Only listed HAPs are given below. |
|
|
Calculations assume that trucks carrying ethanol were previously carrying gasoline and that
these vapors are expelled during loading. |
|
|
|
|
|
Total estimated VOC from product loading |
|
6.51 tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HAP |
|
HAP |
|
|
Percent |
|
Emissions |
|
Emissions |
Compound |
|
in Product |
|
(lb/yr) |
|
(tpy) |
Benzene |
|
|
2.45 |
% |
|
|
319.15 |
|
|
|
0.160 |
|
Ethylbenzene |
|
|
2.00 |
% |
|
|
260.53 |
|
|
|
0.130 |
|
Cumene |
|
|
1.00 |
% |
|
|
130.27 |
|
|
|
0.065 |
|
Xylenes |
|
|
12.00 |
% |
|
|
1563.20 |
|
|
|
0.782 |
|
Toluene |
|
|
15.00 |
% |
|
|
1954.00 |
|
|
|
0.977 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total HAPs |
|
|
|
|
|
4227.15 lb/yr |
|
|
|
|
|
|
|
|
|
|
2.11 ton/yr |
|
|
|
|
Platte Valley Fuel Ethanol, Inc.
Hazardous Air Pollutant Emissions Summary
Prepared by Air Resource Specialists, Inc.
See Attached Sheets for details of emission calculations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RTO / DDGS |
|
DDGS |
|
Co2 |
|
Fuel |
|
VOC |
|
Product |
|
Denaturant |
|
Railcar |
|
Truck |
|
|
|
|
Production |
|
Cooler |
|
Scrubbers |
|
Combustion |
|
Losses |
|
Storage |
|
Storage/Usage |
|
Loading |
|
Loading |
|
TOTAL |
Compound |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
Formaldehyde |
|
|
0.24528 |
|
|
|
0.0394 |
|
|
|
0.3504 |
|
|
|
0.1091 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.74 |
|
Acetaldehyde |
|
|
1.74324 |
|
|
|
0.0788 |
|
|
|
7.8840 |
|
|
|
|
|
|
|
0.0013 |
|
|
|
0.0004 |
|
|
|
|
|
|
|
0.0002 |
|
|
|
|
|
|
|
9.71 |
|
Methanol |
|
|
1.64688 |
|
|
|
0.0526 |
|
|
|
1.5768 |
|
|
|
|
|
|
|
0.0013 |
|
|
|
0.0004 |
|
|
|
|
|
|
|
0.0002 |
|
|
|
|
|
|
|
3.28 |
|
Acrolein |
|
|
1.44102 |
|
|
|
2.3126 |
|
|
|
0.4205 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.17 |
|
Hexane |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2.6175 |
|
|
|
|
|
|
|
|
|
|
|
0.1045 |
|
|
|
|
|
|
|
|
|
|
|
2.72 |
|
Toluene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0049 |
|
|
|
|
|
|
|
|
|
|
|
0.0105 |
|
|
|
|
|
|
|
0.9770 |
|
|
|
0.99 |
|
Benzene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0031 |
|
|
|
|
|
|
|
|
|
|
|
0.0052 |
|
|
|
|
|
|
|
0.1596 |
|
|
|
0.17 |
|
Nickel |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0031 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0031 |
|
Chromium |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0020 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0020 |
|
Dichlorobenzene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0017 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0017 |
|
Cadmium |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0016 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0016 |
|
Naphthalene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0009 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0009 |
|
Manganese |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0006 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0006 |
|
Mercury |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0004 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0004 |
|
Arsenic |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0003 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0003 |
|
Cobalt |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0001 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.0001 |
|
2-Methylnaphthalene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000035 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000035 |
|
Phenanthrene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000025 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000025 |
|
Pyrene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000007 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000007 |
|
Fluoranthene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
|
Fluorene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
|
Xylenes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00105 |
|
|
|
|
|
|
|
0.7816 |
|
|
|
0.78 |
|
Cumene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00021 |
|
|
|
|
|
|
|
0.0651 |
|
|
|
0.07 |
|
Ethylbenzene |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00010 |
|
|
|
|
|
|
|
0.1303 |
|
|
|
0.13 |
|
Carbon disulfide |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00004 |
|
|
|
|
|
|
|
|
|
|
|
0.000042 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Potential to Emit |
|
|
22.78 |
|
1.0 INTRODUCTION AND BACKGROUND
Platte Valley Fuel Ethanol (PVFE) is proposing to expand their ethanol production
facility in the vicinity of Central City, Xxxxxxx County, Nebraska. The facility will increase
production from 48,000,000 to 100,000,000 gallons per year (MMgal/yr) of denatured fuel-grade
ethanol. Modified dried distillers grains and solubles (MWDGS) is the primary by-product and will
be sold as animal feed. Small quantities of dried distillers grains with solubles (DDGS) and/or
wet distillers grains with solubles (WDGS) may also be produced based on market conditions. In
addition, the ethanol facility will produce carbon dioxide as a by-product.
To accommodate the expansion, additional equipment must be added to the PVFE site. The
following proposed emission sources will be added during the expansion: one package boiler (Sll);
one CO2 scrubber (S40B) with associated fermentation equipment; one railcar loadout flare
(SEP22B); one additional cooling tower; two 100,000 gallon liquid storage tanks, and one 750,000
gallon final product storage tank. In addition, a slipstream regenerative thermal oxidizer (RTO,
S10B) to accompany the existing thermal oxidizer will be added; however, the emissions from the
RTO will be routed through the existing thermal oxidizer stack (S10), and is not vented as a new
emission point.
The proposed expansion requires an Air Construction permit from the Nebraska Department of
Environmental Quality (NDEQ). The enclosed documents constitute an application by Platte Valley
Fuel Ethanol, LLC, for the required air construction permits. Only information for new equipment
and emission units has been provided. Tables 1.0 and 1.1 have been attached. These tables provide
information on current permitted equipment as well as proposed expansion emission equipment.
Although existing equipment may not change, facility total emissions will. Therefore, the
additional emissions are accounted for on the proper NDEQ Air Quality Division application forms.
PVFE is presently permitted as a synthetic minor source with criteria air pollutant emissions
below 100 tons per year (tpy). However, the planned expansion will result in some potential
emissions to exceed the 100 tpy threshold; yet, the increase of each criteria pollutant will not
be over 100 tpy. Therefore, although PVFE will become a major source, the changes to the facility
will be considered only a minor modification and therefore PVFE is not subject to Prevention of
Significant Deterioration (PSD) permitting regulations. Please note, potential emissions of
hazardous air pollutants (HAPs) will be remain below major source thresholds, so permitting will
not trigger case-by-case maximum achievable control technology (MACT) under Section 112(g) of the
Clean Air Act.
A dispersion modeling analysis has not yet been performed, as the expansion site layout has
not been finalized. Once this information is available, PVFE will promptly provide this analysis
in support of this application.
This application for an NDEQ Air Construction permit has been prepared by Air Resource
Specialists, Inc. Facility design support has been provided by ICM, Inc. of Colwich, Kansas and
Xxxxx, Inc. of Granite Falls,
Minnesota. ARS has provided the emissions inventory and regulatory
compliance assessment.
1-1
Table 1.0 Existing permitted process equipment at
Platte Valley Fuel Ethanol, LLC
|
|
|
|
|
Existing Permitted Units / Processes |
|
Unit Number |
|
Control |
Thermal Oxidizer & DDGS Dryers
|
|
S10
|
|
Thermal Oxidizer |
Grain Unloading
|
|
X00
|
|
Xxxxxxxx |
Xxxxxxxxxx
|
|
X00
|
|
Xxxxxxxx |
Fermentation Process
|
|
S40
|
|
Scrubber |
DDGS Cooler
|
|
X00
|
|
Xxxxxxxx |
Xxxxxxx Xxxxx
|
|
X00
|
|
Mist Eliminators |
DDGS Storage and Loading
|
|
X00
|
|
Xxxxxxxx |
Biomethanator Flare
|
|
EP11
|
|
Flare |
Truck Loadout Flare
|
|
EP22
|
|
Flare |
Denatured Ethanol Tank (750,000 gal)
|
|
T61
|
|
Internal Floating Roof |
Denatured Ethanol Tank (750,000 gal)
|
|
T62
|
|
Internal Floating Roof |
200 Proof Ethanol Tank (100,000 gal)
|
|
T63
|
|
Internal Floating Roof |
Denaturant (gasoline) Tank (100,000 gal)
|
|
T64
|
|
Internal Floating Roof |
190 Proof Ethanol Tank (100,000 gal)
|
|
T65
|
|
Internal Floating Roof |
Table 1.1 Equipment requiring new permits at
Platte Valley Fuel Ethanol, LLC
|
|
|
|
|
Expansion Unit/Processes |
|
Unit Number |
|
Control |
Regenerative Thermal Oxidizer
|
|
S10B
|
|
Thermal Oxidizer |
Boiler
|
|
Sll
|
|
Good Combustion Practice |
Expansion Fermentation Process
|
|
S40B
|
|
Scrubber |
Railcar Loadout Flare
|
|
EP22b
|
|
Flare |
Cooling Tower
|
|
F80b
|
|
Mist Eliminators |
Denatured Ethanol Tank (750,000 gal)
|
|
T66
|
|
Internal Floating Roof |
200 Proof Ethanol Tank (100,000 gal)
|
|
T67
|
|
Internal Floating Roof |
190 Proof Ethanol Tank (100,000 gal)
|
|
T68
|
|
Internal Floating Roof |
1-2
2.0 PROCESS DESCRIPTION
An updated process flow diagram for the PVFE ethanol facility will be provided with the
dispersion modeling analysis. Except for the additional equipment, the process flow is unchanged
from the original application.
The facility purchases grain (primarily corn) from area farmers. The grain is hauled to the
facility by truck and unloaded into storage bins. PVFE will be installing two new grain storage
bins for the expanded plant. The plant’s proposed grain storage system following expansion will be
in excess of 1 million bushels, and therefore, subject to Subpart DD of the New Source Performance
Standards (NSPS). A baghouse (S20) collects particulate emissions from the grain unloading
operation. The collected grain dust is returned to the process downstream of the hammermill. The
hammermill is a dry milling process used to mill the corn into a powder. The hammermill
particulate emissions are controlled by the milling baghouse (S30). The proposed expansion will
result in the addition of a second hammermill. These particulate emissions will then be routed to
the current milling baghouse. The powder is then mechanically conveyed to a mixer.
In the mixer, the powder is combined with recycled process water from the xxxx water tank to
form a slurry. The slurry is cooked to liquefy and breakdown the starch to sugars. The slurry is
cooled with non-contact cooling water (F80 or F80b) and sent to fermenter process vessels where
the fermentation process, along with added yeast, converts the sugars to ethanol and carbon
dioxide (CO2). This process produces a fermented mash called beer. The beer or fermented slurry is
pumped from the fermenters to the beer well. The beer well is a process tank that provides
continuous flow of beer slurry to the distillation column. The CO2 from the fermenters and the
beer well passes through water scrubbers to remove residual amounts of ethanol and other volatile
organic compounds (VOC) before the CO2 exits through either of the scrubber stacks (S40 & S40b).
This CO2 stream may be recovered and sold to a third-party as a by-product. The water
from the scrubber is pumped to the xxxx water tank and recycled to the process.
The beer contains about 10 percent ethanol in addition to non-fermentable corn solids. The
ethanol is separated from the beer by distillation and leaves the distillation section as 190 proof
ethanol. The 190 proof ethanol is stored in either of two 100,000-gallon tanks (T65 or T68). At
this point in the process, the ethanol contains residual water. The 190 proof ethanol passes
through a molecular sieve to remove the remaining water to produce 200 proof ethanol. The 200 proof
ethanol passes through a second condenser before entering either of two 100,000-gallon storage
tanks (T63 or T67). The 200 proof ethanol is mixed with a denaturant (natural gasoline) (T64) and
stored in one of three 750,000-gallon storage tanks (T61 or T62 or T66 or T69). The denatured
ethanol is loaded into trucks or railcars for delivery to customers (F50). The emissions from
loading the denatured ethanol into trucks are collected by a vapor recovery system (VRS). The VRS
routes the emissions to a vapor recovery control flare where the emissions are destroyed (EP22).
PVFE is adding a second flare to the rail loadout system to further control emissions (EP22b).
2-1
Vapors from the xxxx section and distillation equipment, (mixer, slurry tank, xxxx water
tank, yeast tank, and the two condensers) are collected and routed to the thermal oxidizer (S10)
for emissions control. The distillation process removes the ethanol from the beer, non-fermentable
corn solids, and water. The residue mash leaving distillation, called whole stillage, is
transferred from the base of the distillation column to the stillage processing area. The whole
stillage passes through a centrifuge to remove the majority of the water. The underflow from the
centrifuge is called wet distillers grain (WDGS). From this point in the process the wet
distillers grain can be handled in three ways.
The wet distillers grain, also called wet cake, is considered higher quality feed and can be
sold locally. It is stored on a pad until final sale (typically within 2-3 days). The storage
duration of the wet cake is very short because of the high moisture content (70%). WDGS results in
the most amount of product with the least amount of emissions. The WDGS can also be partially
dried to produce a product known as modified wet distillers grains (MWDGS). The dryer flashes off
the surface moisture, reducing the product moisture to approximately 50%. MWDGS does not need to
be cooled and can be stored longer than WDGS. Less MWDGS is produced (due to the lower moisture
content), but the associated emissions are still relatively low. The third option is to dry the
spent grain for a longer period resulting in a product containing only 10% moisture. The dried
grain, now called dried distillers grain and solubles (DDGS) is cooled by a cyclone prior to
product loadout. Particulates generated during the DDGS loading process will be collected and
routed to a baghouse. Particulate generation during storage and handling of WDGS and MWDGS is
insignificant.
PVFE also expects to produce all three types of distillers grains with MWDGS being the
primary product. PVFE utilizes two natural gas-fired dryers, one DDGS cooler (S70), and a DDGS
storage building. For DDGS production, the product moves through the two dryers in series. Under
the proposed plant configuration, only about one-half of the total plant production can be
converted into DDGS. From the storage building, DDGS is loaded onto trucks via the loadout area in
the grain receiving building. DDGS loadout emissions are controlled by a separate baghouse (S90).
For MWDGS production, the product moves through one of the two dryers. Under the proposed plant
configuration, all of the plant production can be converted to MWDGS.
The overflow from the centrifuge, called thin stillage, enters an evaporator to reduce the
water content. The concentrated stream from the evaporator is mixed with the centrifuge underflow
stream (or added later) before entering the dryer. The water stream from the evaporators goes to a
methanator. The methanator is an anaerobic biological water treatment system that converts organic
material to a fuel gas (mostly methane) which is used as supplemental fuel in the dryer. When the
dryer is not in operation, the methane is routed to a flare. The water from the methanator is
recycled to the xxxx water tank for reuse in the process. The thermal oxidizer (C10) is installed
downstream of the natural gas fired dryers.
The thermal oxidizer is designed to remove more than 98% of any volatile organic compounds
(VOC) emitted from the DDGS dryers. The emissions collected from the distillation process are also
directed to the thermal oxidizer for control. VOC reduction will also generate significant
reduction in condensable particulate matter (CPM) emissions associated with grain
2-2
drying. In addition, the thermal oxidizer will reduce carbon monoxide (CO) emissions
generated in the dryers. A heat recovery steam generator (HRSG) follows the thermal oxidizer,
recovering most of the waste heat, which in turn produces steam to support plant operations.
The thermal oxidizer (S10) is sized at 125 MMBtu/hr, which controls emissions from two dried
distillers’ grains with solubles (DDGS) dryers. Both dryers are routed to this single TO system.
The TO exhaust gasses are then routed to a heat recovery steam generator (HRSG) to produce steam
for use in the plant. PVFE will also be including a stand-alone package boiler (S11) to generate
the additional steam needed for the expansion process.
It has been determined that the existing TO system is unable to maintain a minimum operating
temperature to adequately handle the effluent from both the dryers if they are run at their
maximum capacity simultaneously. Therefore, in order to maximize production efficiency, and reduce
emissions associated with the dryers, PVFE intends to add a slipstream Regenerative Thermal
Oxidizer (S10b).
The RTO works by utilizing heat recovery xxxxxxxx with ceramic heat transfer media which
cycle back and forth, with one side handling hot clean oxidized gas and the other side handling a
portion of the inlet gas from the dryers. The function of each chamber will alternate, either
adding heat to or removing heat from the heat transfer media, thereby preheating the inlet process
gas stream and reducing the overall energy costs for the system. Each chamber will be equipped
with a transition zone to allow for uniform air distribution to the bottom of the heat recovery
beds, which also minimizes any discharge of unoxidized emissions during valve cycling. The exhaust
from the slipstream RTO will be sent through the existing TO stack (S10). Although, PVFE expects
the proposed modifications to increase control of emissions from the dryers, for conservatism,
PVFE has not taken any credit for this emission reduction.
With these changes, the current TO system will experience reduced airflow because some of the
dryer effluent will be routed to the RTO. The reduced airflow is expected to provide for increased
gas residence time in the existing TO unit, resulting in improved pollution control. PVFE will also
be able to decrease the firing rate of the current system and allow the existing TO/HRSG unit to
operate closer to the anticipated plant steam demand needs.
2-3
3.0 NDEQ APPLICATION FORMS
Platte Valley Fuel Ethanol, LLC (PVFE) is requesting a revised Air Construction permit from
the Nebraska Department of Environmental Quality for the expansion of their 48 million gallon per
year to a 100 million gallon per year ethanol plant located near Central City, Xxxxxxx County,
Nebraska. The calculated potential to emit (PTE) has been determined utilizing conservative
assumptions and available stack test results, where applicable.
NDEQ forms for emission sources have been completed and are contained within this section.
Some emission sources such as fugitive VOCs from plant piping components and fugitive PM and PM-10
from traffic on facility roads were not specifically related to one of the general NDEQ Emissions
Unit Forms. As such, the source and process information has been incorporated into the Emissions
Calculation Forms to the best extent possible.
Plant wide emissions will increase due to the proposed expansion. However, only forms for new
equipment have been included in this application, and forms for old equipment if emissions have
changed. Total emission information has also been updated.
In some cases, plant design associated with the expansion has not been completed for all
processes, and some of the detailed design data requested on the forms is not known. PVFE has
completed the forms to the best of its ability based on the current level of design information.
Additional design details will be provided to NDEQ once these data are available, as necessary.
The proposed expanded ethanol plant will become a major source for certain criteria
pollutants; however, the changes to the facility are only considered a minor modification, and as
such, the permit is not subject to review under Prevention of Significant Deterioration (PSD) or
112(g) MACT.
3-1
FORM CS — COVER SHEET, CONSTRUCTION PERMIT APPLICATION
|
|
|
|
|
|
COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC
|
|
DATE: July 2005___ |
FACILITY NUMBER: 82836 |
|
|
IMPORTANT: GENERAL INSTRUCTIONS ON THE BACK OF THIS FORM, PLEASE READ
Please indicate below the application forms and other data that are being included with
this Construction Permit Application packet. All applications must include this completed
cover sheet form.
|
|
|
|
|
|
|
a X |
|
FORM 1.0 — General Information |
|
|
|
|
|
|
|
a X |
|
FORM 1.1 — Permit Application Fee |
|
|
|
|
|
|
|
a X |
|
FORM 1.2 — Process Diagram |
|
|
|
|
|
|
|
a X |
|
FORM 1.3 — Plant Layout Diagram |
|
|
|
|
|
|
|
bX |
|
FORM 2.0 — Process Information |
|
|
|
|
|
|
|
c X |
|
FORM 3.0 — Fuel Combustion Data |
|
|
|
|
|
|
|
o |
|
FORM 4.0 — Asphalt Plant |
|
|
|
|
|
|
|
X |
|
FORM 5.0 - Organic Liquid Storage |
|
|
|
|
|
|
|
o |
|
FORM 6.0 — Incinerator |
|
|
|
|
|
|
|
|
|
do |
|
Medical Waste Incinerator Permit Application |
|
|
|
|
|
|
|
|
|
do |
|
General Permit Application — Incinerator |
|
|
|
|
|
|
|
X |
|
FORM 7.0 — Grain Industry |
|
|
|
|
|
|
|
o |
|
FORM 8.0 — Surface Coating Operations |
|
|
|
|
|
|
|
a X |
|
EMISSION CALCULATIONS: |
|
|
|
|
|
|
|
|
|
All references for emission factors must be completely documented
(e.g., Compilation of Air Pollutant Emission Factors (AP42), Factor
Information Retrieval (FIRE), Manufacturer, etc.). If FIRE is used,
please provide the SCC code. |
|
|
|
|
|
|
|
o |
|
SUPPLEMENTAL INFORMATION: |
|
|
|
|
|
|
|
|
|
o |
|
Check if air dispersion modeling data and results are included |
|
|
|
|
|
|
|
|
|
o |
|
Check if potential emissions are above Prevention of Significant Deterioration (PSD) levels. |
|
|
|
|
|
|
|
|
|
o |
|
Check if PSD information required by Chapter 19 is included. |
|
|
|
|
|
|
|
|
|
o |
|
Check if copies of manufacturer information/instructions are included. |
|
|
|
|
|
|
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Other (Please List): |
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a |
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Required for all permit applications. |
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b |
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Form 2.0 must be submitted when Form 4.0 through Form 8.0 do not apply to the project. |
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DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION X.X. XXX 00000 XXXXXXX, XX 00000-0000
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NDEQ USE ONLY |
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TRACKING # |
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NDEQ FACILITY ID # |
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ASSIGNED TO: |
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CONSTRUCTION PERMIT APPLICATION
FORM 1.0 — GENERAL INFORMATION
DUPLICATE THIS FORM AS NEEDED
Page 1 of 1
FORM 1.1 — PERMIT APPLICATION FEE
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COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC
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DATE: July 2005 |
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NDEQ FACILITY ID#: 82836 |
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Beginning
January 1, 2005, each application for an Air Quality Construction Permit shall be
accompanied by an application fee in accordance with State Statute 81-1505.06. The non-refundable
application fee is based on the potential-to-emit (PTE) of the entire facility after
processing the permit application. The application fee is not based on the PTE of the individual
project. Please contact the Air Quality Permitting Section at 402-471-2189 with questions.
PERMIT
APPLICATION FEE SCHEDULE
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FACILITY-WIDE POTENTIAL-TO-EMIT |
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APPLICATION FEE |
100 tons or more per year of any air pollutant; or |
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10 tons or more per year of any single hazardous air pollutant (HAP); or |
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$ |
3,000 |
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25 tons or more per year of any combination of HAPs |
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50 tons or more but less than 100 tons per year of any air pollutant; or |
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2.5 tons or more but less than 10 tons per year of any single HAPs; or |
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$ |
1,500 |
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10 tons or more but less than 25 tons per year of any combination of HAPs |
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Less than 50 tons per year of any air pollutant; or |
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Less than 2.5 tons per year of any single HAP; or |
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$ |
250 |
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Less than 10 tons per year of any combination of HAPs |
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Make check payable to:
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Nebraska Department of Environmental Quality Memo: Air Quality CP Application Fee |
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NOTE: |
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If applying for a Permit-by-Rule (PbR) in accordance with Chapter 42, do not submit this
form. Refer to the appropriate Notice of Intent form for remittance of the $250 PbR application fee. |
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NDLQ USE ONLY |
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AMOUNT PAID $ |
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CHECK #: |
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RECEIPT #: |
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FORM 1.2 — PROCESS/FLOW DIAGRAM
COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC DATE: July 2005
FACILITY ID#: 82836
Please provide a Process Diagram (Diagram) in the space below (Use back of this form and
additional pages if necessary) or on a separate attached sheet(s). The Diagram is a flow chart that
must include all processes, process equipment, stacks, air pollution control equipment, and fuel
burning units identified in Forms 2.0 and 3.0, as appropriate. Process numbers and unit numbers
must be cross referenced between this Diagram and the above Forms. When finished, this Diagram
should show how products and materials (including fuel) flow through each process. Provide an
inclusive date that the Diagram is accurate through. If a separate attached sheet(s) is (are) used
(e.g.,
engineering diagrams, etc.), it (they) should be clearly marked as being a replacement for Form
1.2.
Please note, the basic process flow is unchanged from the existing plant with the exception that
some
equipment has been duplicated. For reference purposes, the original Process Flow Diagram has
been attached. An updated Process Flow Diagram for the expanded production can be submitted
upon finalization.
DUPLICATE THIS FORM AS NEEDED
FORM 1.3 — PLANT LAYOUT DIAGRAM
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COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC
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DATE: July 2005 |
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FACILITY ID#: 82836 |
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Please provide a current Plant Layout Diagram (Plant Diagram) in the space below (Use back of
this
form and additional pages if necessary) or on a separate attached sheet(s). The Plant Diagram must
include all stacks/emission points identified in Forms 2.0 and 3.0, as appropriate. Stacks/emission
points and unit numbers must be cross-referenced between this Plant Diagram and the above Forms.
In addition, the Plant Diagram should indicate the heights and locations of all
buildings/structures and
property boundaries. If a separate attached sheet(s) is (are) used (e.g., engineering diagrams,
surveyor’s drawing, etc.), it (they) should be clearly marked as being a replacement for Form
1.3.
Updated plant layout diagram will be submitted with dispersion modeling. Attached is the current
site layout for reference.
DUPLICATE THIS FORM AS NEEDED
Page 1 of 2
FORM 2.0 — PROCESS INFORMATION
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COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC
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DATE: July 2005 |
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NDEQ FACILITY ID#: 82836 |
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IMPORTANT: INSTRUCTIONS ON BACK OF FORM. PLEASE READ
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MATERIAL PROCESS |
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FINAL PRODUCT |
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PROCESS |
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CAPACITY |
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CAPACITY |
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PRODUCT |
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NUMBER |
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TYPE OF MATERIAL |
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(LBS/HR) |
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(TON/YR) |
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DESCRIPTION |
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CAPACITY (TON/YR) |
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S20 |
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Corn/Grain |
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228,300 |
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1,000,000 |
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Denatured Ethanol |
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100 MM gal/yr |
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S30 |
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Corn/Grain |
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228,300 |
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1,000,000 |
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Denatured Ethanol |
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100 MM gal/yr |
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S70 |
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DDGS |
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74,200 |
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325,000 |
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Animal Feed |
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234,000 |
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S90 |
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DDGS |
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74,200 |
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325,000 |
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Animal Feed |
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234,000 |
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EQUIPMENT |
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INPROCESS FUEL DATA |
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PROCESS |
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TYPE OF FUEL |
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CAPACITY |
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CAPACITY |
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NUMBER |
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PROCESS EQUIPMENT USED |
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BURNED |
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(AMT/HOUR) |
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(AMT/YEAR) |
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S20 |
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Grain Unloadinq Baghouse |
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S30 |
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Hammermill Baghouse |
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S40 & S40b |
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CO2 Scrubbers |
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S70 |
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DDGS Cooler |
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F80 & X00x |
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Xxxxxxx Xxxxx |
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X00 |
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XXXX Storage and Loading |
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AIR POLLUTION CONTROL |
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STACK DATA |
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EQUIPMENT |
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EXIT |
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TYPE |
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% |
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PROCESS |
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TOP INSIDE |
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STACK |
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VELOCITY |
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EXIT TEMP. |
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CONTROL |
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EFFI- |
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DATE |
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NUMBER |
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HEIGHT |
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DIAMETER |
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DISCHARGE |
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OF GAS |
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OF GAS |
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EQUIPMENT |
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CIENCY |
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INSTALLED |
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S20 |
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30 ft |
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3.0 ft |
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Vertical |
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62.6 ft/sec |
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00xX |
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Xxxxxxxx |
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% |
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N/U |
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S30 |
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30 ft |
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2.0 ft |
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Vertical |
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106.1 |
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00xX |
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Xxxxxxxx |
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% |
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N/U |
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S40 & S40b |
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45 ft |
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1.67 ft |
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Vertical |
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5.0 ft/sec |
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30°C |
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Scrubber |
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% |
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N/U |
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S70 |
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70 ft |
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1.8 ft |
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Vertical |
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139.4 |
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00xX |
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Xxxxxxxx |
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% |
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N/U |
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S90 |
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30 ft |
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1.2 ft |
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Vertical |
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51.6ft/sec |
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00xX |
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Xxxxxxxx |
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% |
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N/U |
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DUPLICATE THIS FORM AS NEEDED
Page 1 of 1
FORM 3.0 — FUEL COMBUSTION DATA
|
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COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC
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DATE: July 2005 |
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NDEQ FACILITY ID#: 82836 |
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IMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ.
|
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FUEL BURNING UNIT DATA |
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FUEL DATA |
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CAPACITY |
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TYPE FUEL(S) |
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CAPACITY |
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MRS USED |
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CAPACITY |
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UNIT NUMBER |
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(BTU/HR) |
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TYPE UNIT* |
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BURNED |
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(AMT/HOUR) |
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PER YEAR |
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(AMT/YR) |
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S10 |
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125 MM |
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Thermal Oxidizer |
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Natural Gas |
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125,000 scf/hr |
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x 8,760 |
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1095.0 MMscf |
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Dryer 1 |
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42 MM |
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Dryer |
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Natural Gas |
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42,000 scf/hr |
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x 8,760 |
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367.92 MMscf |
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Dryer 2 |
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42 MM |
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Dryer |
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Natural Gas |
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42,000 scf/hr |
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x 8,760 |
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367.92 MMscf |
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EP11 |
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3.2 MM |
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Biomethanator Flare |
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Methanator Off gases |
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3,200 scf/hr |
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x 8,760 |
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28.032 MMscf |
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EP22 |
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7.3 MM |
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Vapor Recovery Flare |
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Vapor Recovery |
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7,300 scf/hr |
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x 8,760 |
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63.948 MMscf |
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EP22b |
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6.4MM |
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Rail Loadout Flare |
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Vapor Recovery |
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6,400 scf/hr |
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x 8,760 |
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56.064 MMscf |
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S10b |
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10 MM |
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Regenerative Thermal Oxi |
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dizer Natural Gas |
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10,000scf/hr |
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x 8,760 |
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87.60 MMscf |
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S11 |
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99MM |
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Boiler |
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Natural Gas |
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99,000scf/hr |
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x 8,760 |
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867.24 MMscf |
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“Boiler, Turbine, Diesel Engine, Duel Fuel Engine, Dryer, etc. |
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INSTALLATION DATE:
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UNIT#
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DATE
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UNIT#
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DATE |
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UNIT#
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DATE
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UNIT#
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DATE |
IF
BOILER XXXXX FUEL OIL. LIST UNIT NUMBERS WHICH ARE:
HORIZONTALLY FIRED
TANGENTIALLY FIRED
IF
COAL IS BURNED. IDENTIFY UNIT NUMBER(S) AND TYPE OF FURNACE:
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AIR POLLUTION CONTROL |
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STACK DATA |
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EQUIPMENT |
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EXIT |
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TYPE |
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% |
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PROCESS |
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TOP INSIDE |
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STACK |
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VELOCITY |
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EXIT TEMP. |
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CONTROL |
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EFFI- |
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DATE |
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NUMBER |
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HEIGHT |
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DIAMETER |
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DISCHARGE |
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OF GAS |
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OF GAS |
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EQUIPMENT |
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|
CIENCY |
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INSTALLED |
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S10/S10b/
Drvers 1 & 2 |
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125ft |
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6.0 ft |
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Vertical |
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42.08 ft/sec |
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91 °C |
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% |
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N/U |
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S11 |
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100ft |
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6.0 ft |
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Vertical |
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42.08 ft/sec |
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91 °C |
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% |
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N/U |
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EP11 |
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11ft |
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1.4ft |
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Flare |
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80.3 ft/sec |
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1800 °C |
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% |
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N/U |
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EP22&
EP22b |
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36ft |
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2.5 ft |
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Flare |
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21.7 ft/sec |
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1800 °C |
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% |
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N/U |
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COAL DATA |
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FUEL OIL DATA |
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HEAT |
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HEAT |
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%ASH |
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%SULFUR |
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CONTENT |
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SOURCE |
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GRADE |
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%SULFUR |
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CONTENT |
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SOURCE |
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DUPLICATE
THIS FORM AS NEEDED
Page 1 of 1
FORM 5.0 — ORGANIC LIQUID STORAGE
NOTE THIS FORM MUST BE COMPLETED FOR ANY TANK USED IN THE STORAGE OF AN ORGANIC LIQUID
OR MATERIAL CONTAINING HAZARDOUS AIR POLLUTANTS.
COMPANY/FACILITY
NAME: Platte Valley Fuel Ethanol, LLC DATE: July 2005
NDEQ FACILITY ID#: 82836
IMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ. °H|
—— —— —
GENERAL INFORMATION
—
TANK NUMBER (Emission Point no.): T61, T62 & T66
IS THIS TANK RESTRICTED TO STORING ONE PRODUCT?: Yes X No _
(E G., IS THERE MORE THAN ONE PRODUCT EVER STORED IN THE TANK?)
IF YES, EXPLAIN AND IDENTIFY WHICH PRODUCT IS COVERED BY THIS APPLICATION:
(NOTE: A SEPARATE FORM 5.0 MUST BE COMPLETED FOR EACH PRODUCT)
AIR POLLUTION CONTROL EQUIPMENT
—— —— —— —
TYPE CONTROL EQUIPMENT I % EFFICIENCY I XXXX INSTALLED
—— —— —— —
Internal floating Roof .. % New
—— —— —— —
; ............... _% N/U
% N/U
%N/U
—
PROVIDE ANY SOURCE OPERATION LIMITATIONS OR ANY WORK PRACTICE STANDARDS
AFFECTING SOURCE EMISSIONS (eg., operating schedule, production variation, etc.) :
OPERATING SCHEDULE:
24_hours/day ......... 7_days/week _52_weeks/year
TANK INFORMATION
—— —
MAXIMUM CAPACITY (BARRELS OR WORKING VOLUME (BARRELS OR GALLONS):
GALLONS): 750,000 gallons each 750,000 gallons each
—— —
TANK DIMENSIONS:
DIAMETER OR WIDTH (ft): 50 feetHEIGHT (ft): 52 feet___LENGTH (ft):
—
TANK SHAPE X CYLINDRICAL TANK ORIENTATION D HORIZONTAL
(CHECK ONE): D other (specify): (CHECK ONE):x vertical
TANK COLOR X WHITE PAINT CONDITDNX GOOD
(CHECK ONE): D SILVER (CHECK ONE):D POOR
D OTHER (SPECIFY): ___|
—— —
TANK LOCATION D UNDERGROUND X ABOVEGROUND |
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DUPLICATE THIS FORM AS NEEDED |
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Page 1 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
TANK INFORMATION, cont.
—— — |
TANK TYPE D fixed roof D pressure
(CHECK ONE) D EXTERNAL FLOATING ROOFX INTERNAL FLOATING ROOF
D VARIABLE VAPOR SPACE;
SPECIFY VOLUME EXPANSION CAPACITY (gal. or bbl.):
D OTHER (SPECIFY):
—
VENT VALVE INFORMATION: See tanks 4.09b
TYPE OF VENT NUMBER OF PRESSURE DISCHARGE VENTED TO
VENTS SETTING (psig) (ATMOSPHERE, FLARE, VAPOR
CONTROL, ETC.)
—— —
PRESSURE ..............
—— —
VACUUM ................
—— —
OPEN ..................
—— —
COMBINATION ...........
—— —
OTHER (SPECIFY) ~| | ~| | | | |
—— —— —— —
TANK FITTINGS:
NUMBER TYPE GASKETED/ SIZE |
UNGASKETED
MATERIAL STORED AND THROUGHPUT INFORMATION
—
CHEMICAL NAME OF MATERIAL STORED: Denatured Ethyl Alcohol
—
CAS NO. (IF KNOWN): 95% CAS #00000-00-0; 5% Denaturant (Gasoline RVP 13))
—
STORAGE TEMPERATURE: DENSITY
MIN. (°F): 46.01 ............. (LB/CU.FT.): |
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FORM
5.0 — ORGANIC LIQUID STORAGE, CONT.
MAX.(°F): 57.79 | (LB/GALLON):
—— — |
MATERIAL STORED AND THROUGHPUT INFORMATION, cont. |
VAPOR PRESSURE AT AVERAGE STORAGE TEMPERATURE: |
0.5965 (psig)at 51.90 degrees Fahrenheit |
METHOD USED TO D ASTM D2879-86
DETERMINE VAPOR D PUBLISHED LITERATURE; LIST:
PRESSURE:
X OTHER; SPECIFY: Tank 4.09b
THROUGHPUT: GAL/DAY: ......................... GAL/YEAR: 33 MMgal/yr (each)
BBLS/DAY: ........................ BBLS/YR: |
FIXED ROOF TANK INFORMATION (IF APPLICABLE)
—
FIXED ROOF TYPE: D cone roof slope (ft/ft):
D DOME ROOF RADIUS (FT):
—— — |
FLOATING ROOF TANK INFORMATION (IF APPLICABLE)
—
FLOATING ROOF TYPE X INTERNAL
(CHECK ONE): D EXTERNAL: D PONTOOND DOUBLE DECK
D OTHER (SPECIFY):
U OTHER (SPECIFY):
PRIMARY SEAL TYPE D metallic D liquid mounted x vapor mounted
(CHECK ONE): shoe seal resilient seal resilient seal
D OTHER (SPECIFY):
— |
IS THE FLOATING ROOF EQUIPPED WITH A SECONDARY SEAL? D Yes X NO
IF YES, HOW IS THE D WEATHER SHIELD D RIM MOUNTED D SHOE MOUNTED
SECONDARY SEAL D OTHER (SPECIFY):
MOUNTED? (CHECK ONE):
—— —— — |
WHAT IS THE CONDITION OF THE TANK SHELL INTERIOR? (CHECK ONE): |
X LIGHT RUST D DENSE RUST D GUNITE LINED |
D OTHER (SPECIFY):
—
FOR INTERNAL FLOATING ROOF TANKS, COMPLETE THE FOLLOWING:
a)WHAT IS THE METHODD N/A (CONTINUOUS DECKING) X BOLTING
OF ATTACHING THED WELDING D RIVETING
DECK PANELS TOGETHER: D OTHER (SPECIFY): |
b) WHAT IS THE TOTAL LENGTH OF ALL DECK SEAMS (FT)? 392.70 feet |
c) WHAT IS THE DIAMETER OF THE DECK (FT)? 5 feet |
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FORM 5.0 — ORGANIC LIQUID STORAGE
NOTE: THIS FORM MUST BE COMPLETED FOR ANY TANK USED IN THE STORAGE OF AN ORGANIC
LIQUID OR MATERIAL CONTAINING HAZARDOUS AIR POLLUTANTS.
COMPANY/FACILITY
NAME: Platte Valley Fuel Ethanol, LLC DATE: July 2005
NDEQ FACILITY ID#: 82836
IMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ. ................. I
. . i .. 1
-— —— —— —— —
GENERAL INFORMATION
—— — |
TANK NUMBER (Emission Point no.): T63 & T67
IS THIS TANK RESTRICTED TO STORING ONE PRODUCT?: YesX No_
(E G., IS THERE MORE THAN ONE PRODUCT EVER STORED IN THE TANK?)
IF YES, EXPLAIN AND IDENTIFY WHICH PRODUCT IS COVERED BY THIS APPLICATION:
(NOTE: A SEPARATE FORM 5.0 MUST BE COMPLETED FOR EACH PRODUCT)
AIR POLLUTION CONTROL EQUIPMENT. ..
—
TYPE CONTROL EQUIPMENT I % EFFICIENCY I DATE INSTALLED
—— —
Internal Floating Roof ......................................................................... % ...................... New
: ............................................................ % ...................... N/U
% ...................... N/U
___% N/U
—— —— — |
PROVIDE ANY SOURCE OPERATION LIMITATIONS OR ANY WORK PRACTICE STANDARDS
AFFECTING SOURCE EMISSIONS (e.g., operating schedule, production variation, etc.) :
OPERATING SCHEDULE:
24_hours/day ........... 7_days/week ................... 52 weeks/year |
MAXIMUM CAPACITY (BARRELS ORWORKING VOLUME (BARRELS OR GALLONS):
GALLONS): 100,000 gallons each100,OOP gallons each
—
TANK DIMENSIONS:
DIAMETER OR WIDTH (ft): 25 feetHEIGHT (ft): 30 feetLENGTH (ft):
—
TANK SHAPE x cylindricalI TANK ORIENTATION D horizontal
(CHECK ONE): D other (SPECIFY): (CHECK ONE): x vertical |
TANK COLOR x WHITE PAINT CONDITION x good
(CHECK ONE): D silver (CHECK ONE): D poor
D OTHER (SPECIFY): [
—— —
TANK LOCATION D UNDERGROUND X ABOVEGROUND |
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Page 1 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
—
TANK INFORMATION, cont.
—— —— —— — |
TANK TYPE D fixed roof D pressure
(CHECK ONE) D EXTERNAL FLOATING ROOF X INTERNAL FLOATING ROOF
D VARIABLE VAPOR SPACE;
SPECIFY VOLUME EXPANSION CAPACITY (gal. or bbl.):
D OTHER (SPECIFY):
—
/ENT VALVE INFORMATION: See tanks 4.09b
TYPE OF VENT NUMBER OF PRESSURE DISCHARGE VENTED TO
VENTS SETTING (psig) (ATMOSPHERE, FLARE, VAPOR
CONTROL, ETC.)
—— —
PRESSURE
—— —— —— —— —— —— —— —— —— —— —
VACUUM
—— —— —— —— —— —— —— —— —— —— —
OPEN
—— —— —— —— —— —— —— —— —— —— —
COMBINATION
—— —— —— —— —— —— —— —— —— —— —
OTHER (SPECIFY) | | ~| | | | |
—— —— —— —— —— —— —— —— —— —— —— —
TANK FITTINGS:
NUMBER TYPE GASKETED/ SIZE |
UNGASKETED
MATERIAL STORED AND THROUGHPUT INFORMATION
—
CHEMICAL NAME OF MATERIAL STORED: Ethyl Alcohol (200 Proof Ethanol)
—
CAS NO. (IF KNOWN): CAS #00000-00-0
—
STORAGE TEMPERATURE: DENSITY
MINI /“CV ARM t\FUrnCT\- |
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Page 2 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
MAX. (°F): 57.79 [ (IB/GALLON):,
—— — |
MATERIAL STORED AND THROUGHPUT INFORMATION, cont. |
VAPOR PRESSURE AT AVERAGE STORAGE TEMPERATURE: |
0.4957 (psig) at 51.90 degrees
Fahrenheit |
METHOD USED TO D ASTM D2879-86
DETERMINE VAPOR D PUBLISHED LITERATURE; LIST:
PRESSURE:
X OTHER; SPECIFY: Tank 4.09b
THROUGHPUT: GAL/DAY: ......................... GAL/YEAR: 47.5 MMgal/yr
BBLS/DAY: ........................ BBLS/YR: |
FIXED ROOF TANK INFORMATION (IF APPLICABLE)
— |
FIXED ROOF TYPE: D CONE ROOF SLOPE (FT/FT):
D DOME ROOF RADIUS (FT):
—— — |
FLOATING ROOF TANK INFORMATION (IF APPLICABLE)
— |
FLOATING ROOF TYPE X INTERNAL
(CHECK ONE): D external D pontoon D double deck
D OTHER (SPECIFY):
D OTHER (SPECIFY):
PRIMARY SEAL TYPE D metallic D liquid mounted x vapor mounted
(CHECK ONE): SHOE SEAL RESILIENT SEAL RESILIENT SEAL
D OTHER (SPECIFY):
_D
—— —— —— — |
IS THE FLOATING ROOF EQUIPPED WITH A SECONDARY SEAL? D yes x NO
IF YES, HOW IS THED WEATHER SHIELD D RIM MOUNTEDD SHOE MOUNTED
SECONDARY SEALD OTHER (SPECIFY):
MOUNTED? (CHECK ONE):
—— —
WHAT IS THE CONDITION OF THE TANK SHELL INTERIOR? (CHECK ONE):
X LIGHT RUSTD DENSE RUST D GUNITE LINED
D OTHER (SPECIFY):
—
FOR INTERNAL FLOATING ROOF TANKS, COMPLETE THE FOLLOWING:
a)WHAT IS THE METHODD N/A (CONTINUOUS DECKING) X BOLTING
OF ATTACHING THED WELDING D RIVETING
DECK PANELS TOGETHER: D OTHER (SPECIFY): |
b) WHAT IS THE TOTAL LENGTH OF ALL DECK SEAMS (FT)? 98.17 feet |
c) WHAT IS THE DIAMETER OF THE DECK (FT)? 5 feet |
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Page 3 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE
NOTE: THIS FORM MUST BE COMPLETED FOR ANY TANK USED IN THE STORAGE OF AN ORGANIC
LIQUID OR MATERIAL CONTAINING HAZARDOUS AIR POLLUTANTS.
COMPANY/FACILITY NAME: Platte Valley Fuel Ethanol, LLC DATE: July 2005
NDEQ FACILITY ID#: 82836
IMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ. || |
GENERAL INFORMATION
—— —— — |
TANK NUMBER (Emission Point No.): T64
IS THIS TANK RESTRICTED TO STORING ONE PRODUCT?: YesX No
(E G, IS THERE MORE THAN ONE PRODUCT EVER STORED IN THE TANK?)
IF YES, EXPLAIN AND IDENTIFY WHICH PRODUCT IS COVERED BY THIS APPLICATION:
(NOTE A SEPARATE FORM 5.0 MUST BE COMPLETED FOR EACH PRODUCT)
AIR POLLUTION CONTROL EQUIPMENT
—— —— —— —
TYPE CONTROL EQUIPMENT I % EFFICIENCY I DATE INSTALLED
—— —
Internal Floating Roof .......................................... % .................. New
............... % .................. N/U
% .................. N/U
:. % .................. N/U
—— —— — |
PROVIDE ANY SOURCE OPERATION LIMITATIONS OR ANY WORK PRACTICE STANDARDS
AFFECTING SOURCE EMISSIONS (eg, operating schedule production variation, etc.) :
OPERATING SCHEDULE:
24_hours/day 7_days/week .............. 52_weeks/year
TANK INFORMATION
—— —
MAXIMUM CAPACITY (BARRELS ORWORKING VOLUME (BARRELS OR GALLONS):
GALLONS): 100,000 gallons each100,000 gallons each
—
TANK DIMENSIONS:
DIAMETER OR WIDTH (ft): 25 feetHEIGHT (ft): 30 feet LENGTH (ft):
—— —
TANK SHAPE x cylindricalI TANK ORIENTATION D horizontal ~~
(CHECK ONE): D other (specify): (CHECK ONE): x vertical |
TANK COLOR x white PAINT CONDITION x good
(CHECK ONE): D silver (CHECK ONE): D poor
D OTHER (SPECIFY): |
—— —
TANK LOCATION D underground x aboveground
(CHECK ONE):
—— —— — |
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Page 1 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
—
TANK INFORMATION, cont.
—— — |
TANK TYPE D fixed roof D pressure
(CHECK ONE) D EXTERNAL FLOATING ROOFX INTERNAL FLOATING ROOF
D VARIABLE VAPOR SPACE;
SPECIFY VOLUME EXPANSION CAPACITY (gal. or bbl.):
D OTHER (SPECIFY):
—
VENT VALVE INFORMATION: See Tanks 4.09b
TYPE OF VENT NUMBER OF PRESSURE DISCHARGE VENTED TO
VENTS SETTING (psig) (ATMOSPHERE, FLARE, VAPOR
CONTROL, ETC.)
—— —
PRESSURE .............
—— —
VACUUM ...............
—— —
OPEN .................
—— —
COMBINATION
—— —— —— —— —
OTHER (SPECIFY) ] | J | | | |
—— —— —— —
TANK FITTINGS:
NUMBER TYPE GASKETED/ SIZE |
UNGASKETED
I
MATERIAL STORED AND THROUGHPUT INFORMATION
—— —
CHEMICAL NAME OF MATERIAL STORED: Denaturant (gasoline (RVP 13))
—
CAS NO. (IF KNOWN):
—
STORAGE TEMPERATURE: DENSITY
MIN. («F): 46.01 ........ (LB/CU.FT.):
MAX.(°F): 57.79 ............... (LB/GALLON): |
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Page 2 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
MATERIAL STORED AND THROUGHPUT INFORMATION, cont. |
VAPOR PRESSURE AT AVERAGE STORAGE TEMPERATURE: |
4.4213 (psig) at 51.90 degrees
Fahrenheit |
METHOD USED TO D ASTM D2879-86
DETERMINE VAPOR D PUBLISHED LITERATURE; LIST:
PRESSURE:
X OTHER; SPECIFY: Tank 4.09b
THROUGHPUT: GAL/DAY: ......................... GAL/YEAR: 5.0 MMgal/yr
BBLS/DAY: ........................ BBLS/YR: |
FIXED ROOF TANK INFORMATION (IF APPLICABLE)
—
FIXED ROOF TYPE: D CONE ROOF SLOPE (FT/FT): ..
D DOME ROOF RADIUS (FT): _
—— —— — |
FLOATING ROOF TANK INFORMATION (IF APPLICABLE)
—
FLOATING ROOF TYPE X INTERNAL
(CHECK ONE): D external D pontoon D double deck
D OTHER (SPECIFY):
D OTHER (SPECIFY):
—
PRIMARY SEAL TYPE D metallic D liquid mounted x vapor mounted
(CHECK ONE): shoe seal resilient seal resilient seal
n OTHER (SPECIFY): |
IS THE FLOATING ROOF EQUIPPED WITH A SECONDARY SEAL? D YES x NO
IF YES, HOW IS THE D WEATHER SHIELD D RIM MOUNTEDD SHOE MOUNTED
SECONDARY SEAL D OTHER (SPECIFY):
MOUNTED? (CHECK ONE):
—— —— —
WHAT IS THE CONDITION OF THE TANK SHELL INTERIOR? (CHECK ONE):
X LIGHT RUST D DENSE RUST D GUNITE LINED |
FOR INTERNAL FLOATING ROOF TANKS, COMPLETE THE FOLLOWING: |
a) WHAT IS THE METHOD D N/A (CONTINUOUS DECKING) X
BOLTING |
OF ATTACHING THE D WELDING
D RIVETING
DECK PANELS TOGETHER: D OTHER (SPECIFY): |
b) WHAT IS THE TOTAL LENGTH OF ALL DECK SEAMS (FT)? 98.17 feet |
c) WHAT IS THE DIAMETER OF THE DECK (FT)? 5 feet .. _..
— |
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Page 3 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE
NOTE: THIS FORM MUST BE COMPLETED FOR ANY TANK USED IN THE STORAGE OF AN ORGANIC
LIQUID OR MATERIAL CONTAINING HAZARDOUS AIR POLLUTANTS.
COMPANY/FACILITY NAME: Plate Valley Fuel Ethanol, LLC DATE: July 2005
NDEQ FACILITY ID#: 82836
I IMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ. |
—— —— -— —
GENERAL INFORMATION
—— —— -— —
TANK NUMBER (Emission Point no.): T65 & T68
IS THIS TANK RESTRICTED TO STORING ONE PRODUCT?:YesX No
(E. G, IS THERE MORE THAN ONE PRODUCT EVER STORED IN THE TANK?)
IF YES, EXPLAIN AND IDENTIFY WHICH PRODUCT IS COVERED BY THIS APPLICATION:
(NOTE: A SEPARATE FORM 5.0 MUST BE COMPLETED FOR EACH PRODUCT)
AIR POLLUTION CONTROL EQUIPMENT
—— —— —— —
TYPE CONTROL EQUIPMENT I % EFFICIENCY I DATE INSTALLED”
—— —
Internal Floating Roof ......... % ......................... New
....... % ......................... N/U
% ......................... N/U
. % ......................... N/U
—— —— — |
PROVIDE ANY SOURCE OPERATION LIMITATIONS OR ANY WORK PRACTICE STANDARDS
AFFECTING SOURCE EMISSIONS (eg, operating schedule, production variation, etc.) :
OPERATING SCHEDULE:
24_hours/day ......... 7_days/week 52 weeks/year
TANK INFORMATION
—— —
MAXIMUM CAPACITY (BARRELS OR WORKING VOLUME (BARRELS OR GALLONS):
GALLONS): 100,000 gallons each 100,000 gallons each
—— —
TANK DIMENSIONS:
DIAMETER OR WIDTH (ft): 25 feetHEIGHT (ft): 30 feet LENGTH (ft):
—— —
TANK SHAPE X CYLINDRICAL I TANK ORIENTATION D HORIZONTAL
(CHECK ONE): D other (specify): (CHECK ONE):x vertical
TANK COLOR X WHITE PAINT CONDITIONx GOOD
(CHECK ONE): D silver (CHECK ONE):D poor
D OTHER (SPECIFY): |
—— —
TANK LOCATION D UNDERGROUND X ABOVEGROUND |
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Page 1 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
TANK INFORMATION, cont.
—— — |
TANK TYPE D fixed roof D pressure
(CHECK ONE) D external floating roofx internal floating roof
D VARIABLE VAPOR SPACE;
SPECIFY VOLUME EXPANSION CAPACITY (gal. or bbl.):
D OTHER (SPECIFY):
—
VENT VALVE INFORMATION: See Tanks 4.09b
TYPE OF VENT NUMBER OF PRESSURE DISCHARGE VENTED TO
VENTS SETTING (psig) (ATMOSPHERE, FLARE, VAPOR
CONTROL, ETC.)
—— —
PRESSURE ..............
—
VACUUM ................
—
OPEN ..................
—
COMBINATION ...........
—
| OTHER (SPECIFY) | | ~| | | | |
—— —— —— —
TANK FITTINGS:
NUMBER TYPE GASKETED/ SIZE |
UNGASKETED
MATERIAL STORED AND THROUGHPUT INFORMATION
—
CHEMICAL NAME OF MATERIAL STORED: Ethyl alcohol (190 Proof Ethanol)
—
CAS NO. (IF KNOWN): CAS #00000-00-0
—
STORAGE TEMPERATURE: DENSITY
MIN. (°F): 46.01 ........... (LB/CU.FT.):
MAX. (°F): 57.79 ............... (LB/GALLON): |
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Page 2 of 3
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FORM 5.0 — ORGANIC LIQUID STORAGE, CONT.
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Page 3 of 3
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—
MATERIAL STORED AND THROUGHPUT INFORMATION, cont.
— |
VAPOR PRESSURE AT AVERAGE STORAGE TEMPERATURE:
0.4647 (psig) at 51.90 degrees Fahrenheit
—— —
METHOD USED TO tH ASTM D2879-86
DETERMINE VAPOR d PUBLISHED LITERATURE; LIST: .. r___.
—
PRESSURE: |
X OTHER; SPECIFY: Tank 4.09b |
THROUGHPUT: GAL/DAY: GAL/YEAR: 50 MMgal/yr
BBLS/DAY: ................... BBLS/YR:
FIXED ROOF TANK INFORMATION (IF APPLICABLE)
—
FIXED ROOF TYPE: D CONE ROOFSLOPE (FT/FT):
D DOME ROOF RADIUS (FT):
FLOATING ROOF TANK INFORMATION (IF APPLICABLE)
— |
FLOATING ROOF TYPE X INTERNAL
(CHECK ONE): D EXTERNAL: D PONTOON D DOUBLE DECK |
D OTHER (SPECIFY):
—
PRIMARY SEAL TYPE d metallic D liquid mounted x vapor mounted
(CHECK ONE): shoe sealresilient seal resilient seal
D OTHER (SPECIFY):
—
IS THE FLOATING ROOF EQUIPPED WITH A SECONDARY SEAL? D yesx NO
IF YES, HOW IS THE D WEATHER SHIELD D RIM MOUNTEDQ SHOE MOUNTED
SECONDARY SEAL D OTHER (SPECIFY):
MOUNTED? (CHECK ONE):
—— —— —
WHAT IS THE CONDITION OF THE TANK SHELL INTERIOR? (CHECK ONE):
X LIGHT RUST D DENSE RUST D GUNITE LINED |
FOR INTERNAL FLOATING ROOF TANKS, COMPLETE THE FOLLOWING: |
a) WHAT IS THE METHOD D N/A (CONTINUOUS DECKING) X BOLTING |
OF ATTACHING THE D WELDING D RIVETING
DECK PANELS TOGETHER: D OTHER (SPECIFY): |
FORM 7.0 — GRAIN HANDLING OPERATION
COMPANY/FACILITY
NAME: Platte Valley Fuel Ethanol, LLC ______ DATE: July 2005
NDEQ Facility ID# 82836
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Page 1 of 3
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LjMPORTANT: INSTRUCTIONS ON BACK OF FORM, PLEASE READ. J
—— —— —
GRAIN THROUGHPUT ~~^"~ —=_—=— ~=
Provide the maximum grain throughput (received) at this facility in the past five (5) years. ................................................... tons/year
—
Provide the anticipated increase (if any) in grain throughput due to the construction/modification. .................................................. tons/year |
PROPOSED GRAIN HANDLING EQUIPMENT (i.e., unloading stations, legs, cleaning stations, milling
and palletizing equipment, loading stations, etc.) (Use back of this sheet if necessary) |
TYPE I.D. CAPACITY
Grain Handling / Unloading S20 4.100 bushels/hour
—— —
Hammermill ............. S3Q ..................... 4.100 ............. bushels/hour
—— —— —— —
Elevator Leg ........... Elevator Leg (S2Q/S30^ .. _4,100 ............ bushels/hour
—— —— —— —
DDGS Cooler ............ S70 ..................... 1.325 ............ bushels/hour
—— —— —
DDGS Loading ........... S90 ..................... J.325 ............. bushels/hour
—— —— — |
Will the proposed grain handling equipment replace any existing equipment? D Yes, D No,
If yes, provide the ID, description, and capacity of the grain handling equipment being replaced.
—
ID ...................... DESCRIPTION ............. CAPACITY (bu/hr)
—— —— —— —
NA |
What percent of the total facility throughput is cleaned?
—— —
PROPOSED GRAIN DRYER(s) (i.e., column or rack) (Use additional sheets if necessary)
TYPE T ID f~ CAPACITY I COLUMN PLATE I
EXHAUST GAS
(bu/hr) PERFORATION SCREEN FILTER
DIAMETER ............ MESH SIZE |
(Column Dryer) (Rack Dryer) |
Will the proposed grain dryer(s) replace any existing grain dryers? Yes,No,
If yes, provide the ID of the grain dryer(s) being replaced. .. What was its capacity?
What percent of the total facility throughput is dried? |
FORM 7.0 — GRAIN HANDLING OPERATION, CONT.
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Page 2 of 3
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PERMANENT STORAGE (i.e., building, bin or silo) (Use additional sheets if necessary) |
EXISTINGPROPOSED
TYPEUD. ..................................... CAPACITY (bu) TYPELD. ............................. CAPACITY (bu)
—— —— —— —
Corn Storage Com Storage
(Two Units) 200,000 (each) Bins 426,000 (each)
. ._.. ___»^___»_^«^_^.^.,™___.. w /T.m* i ij^ija^._ — ___- |
—— —— —— —
Corn Day Bin 13,500 Bushels
DDGS Storage 100’x 100’
TOTAL EXISTING ....................................... TOTAL PROPOSED
—— —— —— —
PROPOSED/MODIFIED FEED MjLLS |
—
Current Throughput Expected Increase
tons/year ............................... tons/year
—— —
A. Grain Receiving 501,200 -499,000 |
B. Grain Cleaning 501,200 -499,000 |
1. Hammermill 1,000,000
2. Flaker
3. Grain Cracker |
D. Palletizing — Pellet Cooler |
FORM 7.0 — GRAIN HANDLING OPERATION, CONT.
AIR POLLUTION CONTROL EQUIPMENT FOR THE PROPOSED CONSTRUCTION
GRAIN HANDLING AIR
POLLUTION CONTROL EQUIPMENT
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3 OF 3
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Control Equipment Control Efficiency
—
A. Grain Receiving (Corn Unloading) Baghouse S20 0.005 gr/scf |
B. Grain Shipping
C. Headhouse and Internal Handling* |
E. Grain Cleaning — Internal vibrating |
*Headhouse and internal grain handling includes legs,
belts, distributors, scales, etc. FEED XXXXX AIR POLLUTION CONTROL
EQUIPMENT |
Control Equipment Control Efficiency |
A. Grain Receiving
B. Grain Cleaning
C. Grain Milling (Hammermill) Baghouse S30 0.01 gr/scf |
D. Pelletizing — Pellet Cooler |
E. Feed Shipping DDGS Loading (S90) Baghouse (C90) 0.005 gr/scf |
4.0 SUMMARY OF EMISSIONS
Emission calculations were completed by Air Resource Specialists, Inc.
Where reliable data were available, emission estimates are based upon source
testing at PVFE, plus an appropriate safety factor. Otherwise, emission estimates
are based on plant design data, equipment vendor specifications, and/or published
United States Environmental Protection Agency (USEPA) emission factors.
Detailed emission calculations can be found in Appendix A. A summary table of
facility wide emissions is provided below.
Table 4-1
Summary of Potential-to-Emit Calculations
Platte Valley Fuel Ethanol, LLC
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Emission Unit(s) |
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PM |
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PM-10 |
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N/Ox |
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SO2 |
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CO |
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VOC |
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Corn Unloading |
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7.51 |
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7.51 |
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grain Handling, Hammermill |
|
|
7.51 |
|
|
|
7.51 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
DDGS Loading |
|
|
0.66 |
|
|
|
0.66 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grain Handling Fugitives |
|
|
1.41 |
|
|
|
0.33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thermal Oxidizer/DDGS Dryers/RTO |
|
|
40.63 |
|
|
|
40.63 |
|
|
|
95.05 |
|
|
|
61.75 |
|
|
|
162.50 |
|
|
|
40.63 |
|
Boiler Stack |
|
|
3.30 |
|
|
|
3.30 |
|
|
|
43.36 |
|
|
|
0.26 |
|
|
|
18.21 |
|
|
|
2.38 |
|
DDGS Cooler |
|
|
8.28 |
|
|
|
8.28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
24.38 |
|
C02 scrubber |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
47.50 |
|
C02 scrubber (Expansion) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
47.50 |
|
Product Loading |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
13.03 |
|
Fugitive Leaks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6.62 |
|
Storage Tanks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.16 |
|
Biomethanator Flare |
|
|
|
|
|
|
|
|
|
|
0.95 |
|
|
|
|
|
|
|
5.19 |
|
|
|
0.73 |
|
Rail Loadout Flare |
|
|
|
|
|
|
|
|
|
|
0.87 |
|
|
|
|
|
|
|
4.74 |
|
|
|
|
|
Truck Loadout Flare |
|
|
|
|
|
|
|
|
|
|
0.62 |
|
|
|
|
|
|
|
3.38 |
|
|
|
|
|
Cooling Towers |
|
|
18.68 |
|
|
|
18.68 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Plant Roads |
|
|
73.49 |
|
|
|
14.34 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Potential to Emit |
|
|
161.45 |
|
|
|
101.22 |
|
|
|
140.85 |
|
|
|
62.01 |
|
|
|
194.01 |
|
|
|
186.92 |
|
|
5.0 APPLICABLE REGULATORY REQUIREMENTS
The Federal Clean Air Act and Clean Air Act Amendments set forth regulatory
requirements for air emission sources. The regulations have been promulgated to protect and
improve the nation’s air quality and public health. A summary of applicable federal regulatory
requirements with respect to the Platte Valley Fuel Ethanol, LLC (PVFE) ethanol plant is provided
below.
FEDERAL REQUIREMENTS
New Source Performance Standards Subpart Kb
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart Kb regulate
emissions of volatile organic compounds (VOCs) from volatile organic liquid storage vessels.
Subpart Kb requirements vary depending on the tank size and vapor pressure of the stored liquid.
The standards affect all storage tanks constructed after July 23, 1984 that have a capacity
greater than or equal to 40 cubic meters, or about 10,000 gallons. There are several exemptions in
Subpart Kb, but the only exemption applicable to the ethanol industry is an exemption for any tank
that stores beverage alcohol. The Subpart Kb standards are summarized below.
|
• |
|
Tanks with a design capacity under 75 cubic meters (about 20,000 gallons)
are required to maintain records documenting the tank dimensions and storage capacity and
are subject to no other provisions of Subpart Kb or the NSPS general provisions (40 CFR
60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters, but less than
151 cubic meters (about 20,000 to 40,000 gallons in size) and that store product with a
maximum true vapor pressure less than 15.0 kPa are required to maintain records
documenting the tank dimensions and storage capacity, but are subject to no other
provisions of Subpart Kb or the NSPS general provisions (40 CFR 60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 151 cubic meters (about 40,000
gallons) and that store product with a maximum true vapor pressure less than 3.5 kPa are
required to maintain records documenting the tank dimensions and storage capacity, but
are subject to no other provisions of Subpart Kb or the NSPS general provisions (40 CFR
60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters, but less than
151 cubic meters (about 20,000 to 40,000 gallons in size) and that store product with a
maximum true vapor pressure more than 27.5 kPa but less than 76.6 kPa are required to
control VOC emissions using an internal floating roof tank, external floating roof tank,
vapor recovery system, or an equivalent control practice. Subpart Kb contains
specifications for the type of emissions control selected. |
5-1
|
• |
|
Tanks with a design capacity greater than 151 cubic meters (about
40,000 gallons) and that store product with a maximum true vapor pressure greater
than 5.2 kPa but less than 76.6 kPa are required to control VOC emissions using an
internal floating roof tank, external floating roof tank, vapor recovery system, or
an equivalent control practice. Subpart Kb contains specifications for the type of
emissions control selected. |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters (about 20,000
gallons) that store product with a maximum true vapor pressure greater than or equal to
76.6 kPa are required to use a closed vent system and emissions control device for VOC
emissions. |
At PVFE, all of the ethanol product storage tanks and the denaturant tank are subject to the
emissions control requirements of Subpart Kb. As such, each liquid storage tank at PVFE is
equipped with an internal floating roof.
New Source Performance Standards Subpart VV
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart VV regulate
emissions of volatile organic compounds (VOCs) from equipment leaks (valves, flanges, pump seals,
etc.). Facilities constructed after January 5, 1981 which produce any listed chemical in Subpart
VV are covered by the standards. Ethanol is listed as a regulated chemical in Subpart VV. Subpart
W requires periodic leak detection monitoring for equipment in VOC service (containing more than
10 percent VOC) and prompt repair of any leaking components detected by the monitoring. The only
applicable exemption in Subpart VV is for facilities producing beverage alcohol.
Subpart VV was developed for the synthetic organic chemical manufacturing industry (SOCMI).
However, recent Environmental Protection Agency (EPA) guidance indicates that Subpart VV standards
apply to ethanol produced through natural fermentation processes, even though EPA guidance
indicates that grain-based ethanol production is exempt from all other SOCMI air quality
regulations.
Operations at Platte Valley Fuel Ethanol, LLC (PVFE) are subject to NSPS Subpart VV and leak
detection monitoring is required for all equipment in VOC service. PVFE will create a program and
conduct Subpart VV compliance monitoring in compliance with the applicable Subpart VV
requirements.
New Source Performance Standards Subpart Db and dc
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart Db regulates air
emissions from steam generating units sized over 100 million Btu per hour, while Subpart dc
regulates emissions from 10 MBtu to l00MBtu steam generating units. There is currently one 125
MMBtu/hr thermal oxidizer (TO) followed by a waste heat recovery steam generator (HRSG). A proposed
addition of one 8 MMBtu/hr regenerative thermal oxidizer will
5-2
assist the primary TO and one stand-alone 99 MMBtu/hr boiler will assist in steam production. No
supplemental fuel will be combusted in the HRSG unit.
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subparts Db and dc
regulate air emissions from steam generating units. The definition of “steam generating unit”
is as follows: “a device that combusts any fuel or byproduct waste to produce steam or to heat
water or any other heat transfer medium. This term includes any municipal-type solid waste
incinerator with a heat recovery steam generating unit or any steam generating unit that combusts
fuel and is part of a cogeneration system or combined cycle system. This term does not include
process heaters as they are defined in this subpart.”
The EPA memorandum dated January 8, 2003, has ruled that the thermal oxidizer/HRSG system is
a single piece of equipment for the purpose of determining NSPS applicability. The memo states
that, “Even though the combustion and heat transfer zones are contained in different pieces of
equipment ... together they are considered a device which combusts fuel and heats a transfer
medium.” Therefore, under this EPA ruling, the thermal oxidizer/HRSG at PVFE will be considered a
single piece of equipment.
Based on the above definitions, the 125 MMBtu/hr natural gas fired TO/HRSG will be
subject to Subpart Db, while the 99 MMBtu/hr boiler will be subject to Subpart dc of the
NSPS.
New Source Performance Standards Subpart DD
Subpart DD of the NSPS regulates grain elevators based on storage capacity. The definition of
“grain elevator” is as follows: any plant or installation at which grain (corn) is unloaded,
handled, cleaned, dried, stored, or loaded. Subpart DD regulates any grain elevator located at
either a wet or dry corn mill and has a permanent grain storage capacity of 35,200 m3
(ca. 1 million bushels).
Platte Valley Fuel Ethanol, LLC is currently not covered under the NSPS Subpart DD
requirements. However, the plant’s proposed grain storage system following expansion will be in
excess of 1 million bushels, and therefore, subject to Subpart DD of the NSPS. The grain receiving
baghouse (S20) will become subject to Subpart DD. Standards for Subpart DD are as follows:
|
• |
|
Any process emissions at the facility, except for grain dryers, can not
discharge particulate matter in excess of 0.023g/dscm (ca. 0.01 gr/dscf). Process
emissions (excluding grain dryers) and grain handling operations can not exceed 0 percent
opacity. |
|
|
• |
|
Fugitive emissions from individual truck loading and railcar loading and
unloading can not exceed 5 percent opacity. Truck loading can not exceed 10 percent
opacity. |
5-3
Other NSPS Requirements
In general, ethanol plants that utilize grain feedstocks are not covered by NSPS regulations
applicable to the SOCMI industry, including Subpart RRR (SOCMI reactor processes), Subpart NNN
(SOCMI distillation processes), and the proposed Subpart YYY (SOCMI wastewater systems).
5-4
|
|
|
|
|
|
|
|
|
Facility Name |
|
Platte Valley Fuel Ethanol |
Location |
|
Central City, NE |
Date |
|
July 2005 |
Hours of Operation |
|
|
8,760 |
|
|
hours per year |
Production Size |
|
1 .00E+08
|
|
|
gallons of denatured ethanol |
Anhydrous
Denaturant
Grain
DDGS
Thermal Oxidizer 1
RTO
Boiler
Dryer A
Dryer B
|
|
|
95.00E+06
5.00E+06
1,000,000
325,000
125
8
99
42
42 |
|
|
gallons
gallons
tons
tons
MMBtu
MMBtu
MMBtu
MMBtu
MMBtu
|
|
MWDGS 714,286 tons
Assume -40 Ibs
MWDGS/bushel |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emission Rates |
PM |
|
|
PM-10 |
|
NOX |
|
SO2 |
|
CO |
|
VOC |
|
Acetalde |
|
HAPS |
Permit |
|
|
63.49 |
|
|
|
58.87 |
|
|
|
96.14 |
|
|
|
0.65 |
|
|
|
96.83 |
|
|
|
96.58 |
|
|
|
9.53 |
|
|
|
22.82 |
|
Expansion |
|
|
161.45 |
|
|
|
101.22 |
|
|
|
140.85 |
|
|
|
62.01 |
|
|
|
194.01 |
|
|
|
186.92 |
|
|
|
9.71 |
|
|
|
24.76 |
|
Difference |
|
|
97.96 |
|
|
|
42.35 |
|
|
|
44.71 |
|
|
|
61.36 |
|
|
|
97.18 |
|
|
|
90.34 |
|
|
|
0.18 |
|
|
|
1.94 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Denaturant Tank ID |
|
|
|
|
|
|
|
|
|
|
|
|
RVP(13)
Site Specific Info |
|
5.9581 psia |
|
62.00 molar mass |
|
From Tanks (Denaturant) |
Ethanol
Site Specific Info |
|
0.4957 psia |
|
46,07 molar mass |
|
From Tanks (Ethanol) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Roads |
|
Ethanol |
|
Denaturant |
|
Grain |
|
DDGS |
% hauled by truck |
|
|
100 |
% |
|
|
100 |
% |
|
|
100 |
% |
|
|
100 |
% |
|
|
|
|
|
Site Plan Available?
|
|
Yes
|
|
If Yes, please fill in mileages below. If no, please use 1,320 feet (1/4 mile) for each. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Mileage |
|
Ethanol |
|
Denaturant |
|
Grain |
|
DDGS |
|
|
750 |
feet empty |
|
2385 |
feet empty |
|
2367 |
feet empty |
|
1715 |
feet empty |
|
|
2385 |
feet full |
|
750 |
feet full |
|
1715 |
feet full |
|
2367 |
feet full |
|
|
|
Platte Valley Fuel Ethanol, LLC — Central City, Nebraska
|
|
July 2005 |
Air Quality Emissions Summary |
|
|
Prepared by Air Resource Specialists, Inc.
|
|
Page 1 of 16 |
Potential to Emit — Revised Construction Permit Application for 100 MMgal per year expansion.
See Attached Sheets for details of emission calculations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emission Unit(s) |
|
PM |
|
|
PM-10 |
|
|
NOx |
|
|
SO2 |
|
|
CO |
|
|
VOC |
|
|
Corn Unloading |
|
|
7.51 |
|
|
|
7.51 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grain Handling, Hammermill |
|
|
7.51 |
|
|
|
7.51 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
DDGS Loading |
|
|
0.66 |
|
|
|
0.66 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grain Handling Fugitives |
|
|
1.41 |
|
|
|
0.33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thermal Oxidizer/DDGS Dryers/RTO |
|
|
40.63 |
|
|
|
40.63 |
|
|
|
95.05 |
|
|
|
61.75 |
|
|
|
162.50 |
|
|
|
40.63 |
|
Boiler Stack |
|
|
3.30 |
|
|
|
3.30 |
|
|
|
43.36 |
|
|
|
0.26 |
|
|
|
18.21 |
|
|
|
2.38 |
|
DDGS Cooler |
|
|
8.28 |
|
|
|
8.28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
24.38 |
|
CO2 scrubber |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
47.50 |
|
Coh2 scrubber (Expansion) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
47.50 |
|
Product Loading |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
13.03 |
|
Fugitive Leaks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6.62 |
|
Storage Tanks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.16 |
|
Biomethanator Flare |
|
|
|
|
|
|
|
|
|
|
0.95 |
|
|
|
|
|
|
|
5.19 |
|
|
|
0.73 |
|
Rail Loadout Flare |
|
|
|
|
|
|
|
|
|
|
0.87 |
|
|
|
|
|
|
|
4.74 |
|
|
|
|
|
Truck Loadout Flare |
|
|
|
|
|
|
|
|
|
|
0.62 |
|
|
|
|
|
|
|
3.38 |
|
|
|
|
|
Cooling Towers |
|
|
18.68 |
|
|
|
18.68 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Plant Roads |
|
|
73.49 |
|
|
|
14.34 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Potential to Emit |
|
|
161.45 |
|
|
|
101.22 |
|
|
|
140.85 |
|
|
|
62.01 |
|
|
|
194.01 |
|
|
|
186.92 |
|
|
Hazardous Air Pollutants (HAPs) Summary
|
|
|
|
|
Compound |
|
tons per year |
|
|
Formaldehyde |
|
|
0.7389 |
|
Acetaldehyde |
|
|
9.7080 |
|
Methanol |
|
|
3.2782 |
|
Xxxxxxxx |
|
|
0.0000 |
|
Xxxxxx |
|
|
2.5959 |
|
Toluene |
|
|
1.9692 |
|
Benzene |
|
|
0.3273 |
|
Nickel |
|
|
0.0029 |
|
Chromium |
|
|
0.0019 |
|
Dichlorobenzene |
|
|
0.0017 |
|
Cadmium |
|
|
0.0015 |
|
Xxxxxxxxxxx |
|
|
0.0000 |
|
Xxxxxxxxx |
|
|
0.0005 |
|
Mercury |
|
|
0.0004 |
|
Arsenic |
|
|
0.0003 |
|
Cobalt |
|
|
0.0001 |
|
2-Methylnaphthalene |
|
|
0.000033 |
|
Phenanthrene |
|
|
0.000024 |
|
Pyrene |
|
|
0.000007 |
|
Fluoranthene |
|
|
0.000004 |
|
Fluorene |
|
|
0.000004 |
|
Xylenes |
|
|
1.5642 |
|
Cumene |
|
|
0.1305 |
|
Ethylbenzene |
|
|
0.2606 |
|
Carbon disulfide |
|
|
0.0000 |
|
|
TOTAL |
|
|
24.76 |
|
|
|
|
|
Platte Valley Fuel Ethanol, Inc.
PM emissions from grain handling
|
|
Page 2 of 16 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Basis:
|
|
Baghouse outlet grain loading. |
|
|
|
|
|
|
|
|
|
|
Use outlet gr/scf for PTE, based on available facility information and stack test results. |
|
|
|
|
Airflow based on stack test results or engineering design information. |
|
|
|
|
Corn Unloading & DDGS loading operate.
|
|
|
8,760 |
|
|
hours/year |
|
|
|
|
PM & PM-10 emissions presumed to be the same. |
|
|
|
|
Emissions are based on an equivalent DDGS production, as particulate emission
rates are unknown at this time for wet or modified product. DDGS production is assumed worst-case. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Baghouse |
|
Pollutant |
|
|
Gr Loading |
|
|
Air Flow |
|
|
Operation |
|
|
PTE |
|
|
PTE |
|
|
|
|
|
|
|
gr/scf |
|
|
acfm |
|
|
hr/yr |
|
|
Ib/hr |
|
|
tpy |
|
Corn Unloading (S20) |
|
PM/PM-10 |
|
|
0.005 |
|
|
|
40,000 |
|
|
|
8,760 |
|
|
|
1.71 |
|
|
|
7.51 |
|
Hammermill (S30) |
|
PM/PM-10 |
|
|
0.01 |
|
|
|
20,000 |
|
|
|
8,760 |
|
|
|
1.71 |
|
|
|
7.51 |
|
DDGS Loading (S90) |
|
PM/PM-10 |
|
|
0.005 |
|
|
|
3,500 |
|
|
|
8,760 |
|
|
|
0.15 |
|
|
|
0.66 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gr Loading |
|
|
Air Flow |
|
|
Operation |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
gr/scf |
|
|
acfm |
|
|
hr/yr |
|
|
|
|
|
|
|
|
|
DDGS Cooler (S70) |
|
PM/PM-10 |
|
|
0.006 |
|
|
|
36.750 |
|
|
|
8760 |
|
|
|
1.89 |
|
|
Ib/hr
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8.28 |
|
|
tpy
|
|
|
VOC |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.15 |
|
|
Ib/ton
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
24.38 |
|
|
tpy
|
DDGS
Cooler (S70) HAPS:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PTE |
|
PTE |
|
|
|
|
Ib/hr |
|
tpy |
Formaldehyde |
|
|
|
|
0.009 |
|
|
|
0.04 |
|
Acetaldehyde |
|
|
|
|
0.018 |
|
|
|
0.08 |
|
Methanol |
|
|
|
|
0.012 |
|
|
|
0.05 |
|
Acrolein |
|
|
|
|
0.528 |
|
|
|
2.31 |
|
|
Total HAPS: |
|
|
|
|
|
|
|
|
2.48 |
|
When emissions measured at detection limit, detection limit was assumed. (Formaldehyde and Acetaldehyde)
Fugitive PM/PM-10 Emissions from Grain & DDGS Product Handling
Emissions factors from AP-42 Section 9.9.1 — Grain Elevators and Processes.
Grain
receiving is based on PM-10 factors specified for xxxxxx trucks and railcars, Table 9.9.1-1.
DDGS
loading is based on PM-10 factors specified for animal feed shipping,
Table 9.9.1-2.
Since emissions occur inside the building, it is assumed that
only the PM-10 fraction will be emitted. All particulate
matter larger than PM-10 is assumed to be contained within
the building.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Controlled |
|
Controlled |
|
|
|
|
|
|
Total |
|
Emission |
|
Emission |
|
|
|
|
|
|
|
|
|
PM |
|
PM-10 |
|
PM |
|
PM-10 |
|
|
|
|
|
|
Grain |
|
Factor |
|
Factor |
|
Emissions |
|
Emissions |
|
Emissions |
|
Emissions |
|
Emissions |
|
Emissions |
|
|
|
|
Process |
|
tons/year |
|
PM Ib/ton |
|
PM-10 Ib/ton |
|
PM Ib/yr |
|
PM-10 Ib/yr |
|
ton/year |
|
ton/year |
|
ton/year |
|
ton/year |
|
|
|
|
|
|
|
|
|
Grain Receiving |
|
|
1,000,000 |
|
|
|
0.035 |
|
|
|
0.0078 |
|
|
|
35,000 |
|
|
|
7,800.00 |
|
|
|
17.50 |
|
|
|
3.90 |
|
|
|
0.88 |
|
|
|
0.20 |
|
|
|
|
|
Animal Feed Loading |
|
|
325,000 |
|
|
|
0.0033 |
|
|
|
0.0008 |
|
|
|
1,073 |
|
|
|
260.00 |
|
|
|
0.54 |
|
|
|
0.13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1.41 |
|
|
|
0.33 |
|
|
TOTAL |
|
|
|
*** |
|
Reduction in fugitive emissions of 95% based on use of choked
flow system during grain unloading and capture of most emissions by the baghouse system. |
|
|
|
Platte Valley Fuel Ethanol, Inc.
SO2, NOx, CO, VOC, PM/PM-10
Emissions from Dryers/Thermal Oxidizer/Regenerative TO Stack (S10):
|
|
Page 3 of 1 |
Technical Basis: |
|
NOx emissions are calculated from fuel consumptions at the dryers and thermal
oxidizer (TO). |
|
|
SO2 emissions are related to ethanol production. Most sulfur in the process comes from
sulfuric acid consum |
|
|
|
Use of sulfur acid is related to ethanol produced. Sulfur emissions based on
limited SO2 testing data from similar facilities with TO systems plus a margin of
safety. |
|
|
PM/VOC/CO emissions are related to DDGS production. These pollutants are primarily produced in
the DDGS dryer. Emission factors are based on testing data plus a margin of safety and include the
effects of the control device (TO).
Contribution from fuel combustion is included with the emission
factor. |
|
|
RTO is slipstreamed with TO for additional emission control. However, no credit is taken for
this emission red |
|
|
|
|
|
|
|
Production Information |
|
|
|
|
|
|
|
Anhydrous Ethanol |
|
Hrs of |
|
BTU content |
|
DDGS |
Production |
|
Operation |
|
of natural gas |
|
produced |
gal/year |
|
hours/year |
|
Btu/scf |
|
tons/yr |
9.50E+07 |
|
8760 |
|
1000 |
|
325,000 |
NOx from Natural Gas Combustion
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rating |
|
|
|
|
|
E Factors |
|
E Factors |
|
PTE |
|
PTE |
Unit |
|
Fuel |
|
MMBtu/hr |
|
Pollutant |
|
Ib/MMBtu |
|
Ib/MMscf |
|
Ib/hr |
|
tpy |
Thermal Oxidizer |
|
Natural Gas |
|
|
125 |
|
|
NOx |
|
|
0.1 |
|
|
|
|
|
|
|
12.50 |
|
|
|
54.75 |
|
RTO |
|
Natural Gas |
|
|
8 |
|
|
NOx |
|
|
0.1 |
|
|
|
|
|
|
|
0.80 |
|
|
|
3.50 |
|
DDGS Dryer #1 |
|
Natural Gas |
|
|
42 |
|
|
NOx |
|
|
|
|
|
|
100 |
|
|
|
4.20 |
|
|
|
18.40 |
|
DDGS Dryer #2 |
|
Natural Gas |
|
|
42 |
|
|
NOx |
|
|
|
|
|
|
100 |
|
|
|
4.20 |
|
|
|
18.40 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined emissions from single stack |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
21.70 |
|
|
|
95.05 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SO2 from Ethanol Production (Sulfuric Acid Consumption)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ethanol |
|
|
|
|
|
|
|
|
|
|
Combined |
|
|
|
|
|
E Factors |
|
Production |
|
PTE |
|
PTE |
Unit |
|
Fuel |
|
MMBtu/hr |
|
Pollutant |
|
Ib/gal EtOH |
|
gal/year |
|
Ib/hr |
|
tpy |
TO & Dryers Stack |
|
Natural Gas |
|
|
217 |
|
|
SO2 |
|
|
0.0013 |
|
|
|
9.50E+07 |
|
|
|
14.10 |
|
|
|
61.75 |
|
|
|
|
Emissions from combustion of natural gas at steam boilers
|
|
Page 4 of 16 |
Basis: |
|
Use AP-42 emission factors or based on similar equipment at other
facilities. |
|
|
|
Unit assumed to operate full-time and maximum fuel input capacity. |
|
|
|
PTE based on higher
of 100% natural gas. |
|
|
|
BTU content of natural gas
1000 Btu/scf |
Boiler Emissions with Natural Gas
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Size |
|
|
|
|
|
E Factors |
|
E Factors |
|
PTE |
|
PTE |
Unit |
|
Fuel |
|
MMBtu/hr |
|
Pollutant |
|
Ib/MMBtu |
|
Ib/MMscf |
|
Ib/hr |
|
ton/yr |
|
Boiler |
|
N Gas |
|
|
99 |
|
|
NOx |
|
|
0.1 |
|
|
|
|
|
|
|
9.90 |
|
|
|
43.36 |
|
|
|
|
|
|
|
|
|
|
|
SO2 |
|
|
|
|
|
|
0.6 |
|
|
|
0.06 |
|
|
|
0.26 |
|
|
|
|
|
|
|
|
|
|
|
CO |
|
|
|
|
|
|
42 |
|
|
|
4.16 |
|
|
|
18.21 |
|
|
|
|
|
|
|
|
|
|
|
VOC |
|
|
|
|
|
|
5.5 |
|
|
|
0.54 |
|
|
|
2.38 |
|
|
|
|
|
|
|
|
|
|
|
PM/PM-10* |
|
|
|
|
|
|
7.6 |
|
|
|
0.75 |
|
|
|
3.30 |
|
|
|
|
* |
|
Includes condensable fraction |
|
|
|
Platte Valley Fuel Ethanol, Inc.
DDGS Dryers
|
|
Page 5 of 16 |
|
|
Emission factors and grain throughput based on stack test results and safety factor. |
|
|
Emissions include effects of control device (thermal oxidizer). |
|
|
Contribution from fuel combustion included within the emission factor for PM/PM-10, VOC, and CO. |
|
|
Emissions associated from RTO are routed through TO stack and included in emission factors. |
|
|
HAPs associated with natural gas combustion included with TO/Dryer fuel combustion sheet. |
|
|
The facility will only have the capability of drying approximately 1/2 of the final product to DDGS. |
|
|
If the maximum amount of grain is dried, the remaining product will be WDGS. Otherwise, PVFE will produce
all modified product, (approximately 714,000 tons per year.) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Maximum DDGS equivalent production |
|
|
325,000 |
tons |
|
8760 hours/year |
DDGS Dryer |
|
|
|
|
|
|
|
|
|
|
(Vented Through TO
|
|
PM/PM-10
|
|
|
|
|
0.25 |
Ib/ton |
|
|
Stack, see total below)
|
|
|
|
|
|
|
40.63 |
tpy |
|
|
|
|
VOC
|
|
|
|
|
0.25 |
Ib/ton |
|
|
|
|
|
|
|
|
|
40.63 |
tpy |
|
|
|
|
CO
|
|
|
|
|
1.00 |
Ib/ton |
|
|
|
|
|
|
|
|
|
162.50 |
tpy |
|
|
Total TO Emissions
|
|
|
|
|
|
|
|
|
PM/PM-10: |
|
9.28 Ibs/hr |
|
40.63 tpy |
VOC: |
|
9.28 Ibs/hr |
|
40.63 tpy |
CO: |
|
37.10 Ibs/hr |
|
162.50 tpy |
HAPs from Thermal Oxidizer stack
|
|
|
|
|
|
|
|
|
Formaldehyde |
|
1.51E-03 Ib/ton |
|
0.245 tpy |
Acetaldehyde |
|
1.07E-02 Ib/ton |
|
1.743 tpy |
Methanol |
|
1.01E-02 Ib/ton |
|
1.647 tpy |
Acrolein |
|
8.87E-03 Ib/ton |
|
1.441 tpy |
|
|
When emissions measured at detection limit, detection limit was assumed. (Methanol and
Acrolein) |
|
|
|
Platte Valley Fuel Ethanol, Inc.
VOC / HAP emissions from fermentation
|
|
Page 6 of 16 |
Basis: |
|
Based on stack test results plus a safety factor. |
|
|
|
Emission factor includes VOC reductions due to CO2 scrubber. |
|
|
|
Based on the addition of Sodium
Bisulfite |
CO2 Scrubber (Ethanol Fermentation) Existing Stack (S40)
|
|
|
|
|
|
|
|
|
Based on |
|
47.5 MM Gal/yr |
|
8,760 hr/yr basis |
|
CO2 Scrubber
(C40) |
|
2.00E-03 Ib/gal |
|
10.84 Ib/hr |
|
Total VOC |
|
47.50 tpy |
|
|
|
|
|
|
HAP Emission Factors based on testing of CO2 scrubber at similar facility (same process
design) utilizing sodium bisulfate. |
|
|
|
|
|
|
|
|
|
|
|
Emission Rate |
|
|
Tons / year |
|
|
Formaldehyde |
|
0.040 Ib/hr |
|
0.175 tpy |
Xxxxxxxxxxxx |
|
0.000 Xx/xx |
|
3.942 tpy |
Methanol |
|
0.180 Ib/hr |
|
0.788 tpy |
Acrolein |
|
0.048 Ib/hr |
|
0.210 tpy |
|
Total HAPS (S40): |
|
|
|
|
|
5.1 16 tpy |
|
Basis: |
|
Based on stack test results plus a safety factor. |
|
|
|
Emission factor includes VOC reductions due to CO2 scrubber. |
|
|
|
Based on the addition of Sodium
Bisulfite. |
CO2 Scrubber (Ethanol Fermentation) Expansion Stack (S40b):
|
|
|
|
|
|
|
|
|
Based on |
|
47.5 MM Gal/yr |
|
8,760 hr/yr basis |
|
CO2 Scrubber
(C40b) |
|
2.00E-03 Ib/gal |
|
10.84 Ib/hr |
|
Total VOC |
|
47.50 tpy |
|
|
|
|
HAP Emission Factors based on testing of CO2 scrubber at similar facilities (same process
design) utilizing sodium bisulfate. |
|
|
|
|
|
|
|
|
|
|
|
Emission Rate |
|
|
Tons/year |
|
|
Formaldehyde |
|
0.040 Ib/hr |
|
0.175 tpy |
Xxxxxxxxxxxx |
|
0.000 Xx/xx |
|
3.942 tpy |
Methanol |
|
0.180 Ib/hr |
|
0.788 tpy |
Acrolein |
|
0.048 Ib/hr |
|
0.210 tpy |
|
Total HAPS (S40b): |
|
|
|
|
|
5.116 tpy |
|
|
|
|
Platte Valley Fuel Ethanol, Inc.
Potential VOC emission from Evaporative Losses
|
|
Page 7 of 16 |
Loading Operations — Trucks
|
|
|
Basis: Calculated from AP-42, Section 5.2.2 — Loading Losses |
|
|
|
|
Assume all ethanol loaded into trucks previously containing gasoline |
|
|
|
|
This is a worst-case
assumption, for truck loading. |
|
|
|
|
Vapor Pressure and molar mass based on Tanks output data for RVP13 gasoline. |
|
|
|
|
Losses calculated
using this factor multiplied by loading rates |
|
|
|
|
|
|
|
|
|
Equation: |
|
12.46*S*P*M/T*(1-eff/100) |
|
|
where: |
|
S=0.6 |
|
|
0.6 |
|
|
Saturation factor |
|
|
P=5.9581 |
|
|
5.9581 |
|
|
Vapor pressure (psia) |
|
|
M=62 |
|
|
62.00 |
|
|
Molar Mass (Ib/lb-mole) |
|
|
T=530 |
|
|
530 |
|
|
Product Temp (deg R) |
|
|
|
|
|
95.00 |
% |
|
Collection & Control Efficiency (%) |
|
|
|
|
|
|
|
|
|
|
|
|
|
AP-42 Factor: |
|
0.261 lb/1000 gal |
|
|
|
|
|
|
Ethanol loading rate |
|
|
|
|
|
01.00E+08 gal/yr |
|
|
VOC Loading losses |
|
|
|
|
|
26053 Ib/yr |
|
|
|
|
|
|
|
|
13.03 tpy |
|
|
|
|
|
|
|
|
13.03 tpy |
|
Truck hauling is worst case
scenario for loading emissions, as such rail loading emissions not included. |
Loading Operations — Railcars
Basis: |
|
Calculated from AP-42, Section 5.2.2 — Loading Losses |
|
|
|
|
|
|
|
|
|
Equation:
|
|
12.46*S*P*M/T |
|
|
|
|
|
|
where:
|
|
S=0.6
|
|
|
0.6 |
|
|
Saturation factor |
|
|
P=0.5965
|
|
|
0.5965 |
|
|
Vapor pressure (psia) |
|
|
M=49.8632
|
|
|
49.86 |
|
|
Molar Mass (Ib/lb-mole) |
|
|
T=530
|
|
|
530 |
|
|
Product Temp (deg R) |
AP-42 Factor:
|
|
|
|
|
0.42 |
|
|
lb/1000 gal |
|
|
|
|
|
|
|
Losses calculated using this factor multiplied by loading rates |
|
|
|
|
|
|
Ethanol loading rate |
|
|
01.0E+08 |
|
|
gal/yr |
VOC Loading losses |
|
|
41952 |
|
|
Ib/yr |
Uncontrolled Losses |
|
|
20.98 |
|
|
tpy |
Rail Loadout Flare |
|
|
95 |
% |
|
Control Efficiency (%) |
|
|
|
1.05 |
|
|
Tons per year |
|
|
|
0.00 |
|
|
tpy |
|
|
|
*** |
|
Note: VOC from the fuel combustion at the flare are included in these values. |
|
|
|
|
|
Fugitive Emissions
|
|
Basis:
|
|
Leak Rate (SOCMI average)
multiplied by no. of components |
|
|
|
|
Component count based on
existing count plus 50% increase for new equipment. |
|
|
|
|
Leak Rates and VOC
control from: Protocol for Leak Emission Estimates |
EPA-453/R-95-017, November 1995 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Leak Rate |
|
VOC |
|
VOC |
|
Subpart W Control |
|
VOC |
Equipment |
|
Number |
|
(kg/hr/source) |
|
Ib/hr |
|
tpy |
|
percent |
|
tpy |
Light Liquid
Valves |
|
|
533 |
|
|
|
0.00403 |
|
|
|
4.73 |
|
|
|
20.72 |
|
|
|
84.00 |
|
|
|
3.32 |
|
Light Liquid
Pumps |
|
|
30 |
|
|
|
0.0199 |
|
|
|
1.31 |
|
|
|
5.76 |
|
|
|
69.00 |
|
|
|
1.79 |
|
Gas Valves |
|
|
203 |
|
|
|
0.00597 |
|
|
|
2.67 |
|
|
|
11.69 |
|
|
|
87.00 |
|
|
|
1.52 |
|
|
|
|
|
|
|
|
VOC |
|
Uncontrolled |
|
|
38.17 |
|
|
Controlled |
|
|
6.62 |
|
Page 8 of 16
Platte Valley Fuel Ethanol, Inc., Potential Annual Tank Emissions (Ibs VOC)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tank |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emission |
|
|
|
|
Capacity |
|
|
|
|
|
Throughput |
|
Total |
|
Total |
|
Rate |
|
Potential |
TANK ID. |
|
(Gallons) |
|
DESCRIPTION |
|
Liquid |
|
(MM gal/yr) |
|
Working |
|
Standing |
|
(Ib/yr) |
|
Emissions (tpy) |
T61 |
|
|
750,000 |
|
|
Denatured Ethanol |
|
Ethyl alcohol & Denaturant |
|
|
33.33 |
|
|
|
150.03 |
|
|
|
435.60 |
|
|
|
585.63 |
|
|
|
0.29 |
|
T62 |
|
|
750,000 |
|
|
Denatured Ethanol |
|
Ethyl alcohol & Denaturant |
|
|
33.33 |
|
|
|
150.03 |
|
|
|
435.60 |
|
|
|
585.63 |
|
|
|
0.29 |
|
T63 |
|
|
100,000 |
|
|
200 Proof Ethanol |
|
Ethyl alcohol |
|
|
50 |
|
|
|
439.89 |
|
|
|
191.34 |
|
|
|
631.23 |
|
|
|
0.32 |
|
T64 |
|
|
100,000 |
|
|
Denaturant |
|
Natural gasoline |
|
|
5 |
|
|
|
39.23 |
|
|
|
3,954.33 |
|
|
|
3,993.56 |
|
|
|
2.00 |
|
T65 |
|
|
100,000 |
|
|
190 Proof Ethanol* |
|
Ethyl alcohol |
|
|
47.5 |
|
|
|
463.04 |
|
|
|
191.34 |
|
|
|
654.38 |
|
|
|
0.33 |
|
T66 |
|
|
750,000 |
|
|
Denatured Ethanol |
|
Ethyl alcohol & Denaturant |
|
|
33.33 |
|
|
|
150.03 |
|
|
|
435.60 |
|
|
|
585.63 |
|
|
|
0.29 |
|
T67 |
|
|
100,000 |
|
|
200 Proof Ethanol |
|
Ethyl alcohol |
|
|
50 |
|
|
|
439.89 |
|
|
|
191.34 |
|
|
|
631.23 |
|
|
|
0.32 |
|
T68 |
|
|
100,000 |
|
|
190 Proof Ethanol* |
|
Ethyl alcohol |
|
|
47.5 |
|
|
|
463.04 |
|
|
|
191.34 |
|
|
|
654.38 |
|
|
|
0.33 |
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
2,295.18 |
|
|
|
6,026.49 |
|
|
|
8,321.67 |
|
|
|
4.16 |
|
|
|
|
Note: |
|
All Tank PTE based on EPA TANKS 4.0 output (attached) |
|
* |
|
The throughput for T65 and T68 will be 100,000,000 gallons of 190 proof ethanol, which consists of
95% ethanol, and 5% water. |
|
|
|
As such, emissions are assumed to be from 100% ethanol throughput. |
Page 9 of 16
Platte Valley Fuel Ethanol, Inc. Page
Emissions from Biomethanator Flare
Flare operates only when dryer is down
Otherwise, biomethanator off-gasses go to dryer for combustion
However, for potential-to-emit calculations, flare operation of 8,760 hours has been considered (worst-case).
VOC based on total HC less methane and ethane (37% of total HC is VOC)
SO2 is negligible based on minimal H2S levels
PM/PM-10 is negligible based on smokeless design
|
|
|
|
|
|
|
|
|
Rate |
|
3.2 MMBtu/hr
|
|
|
|
|
Heating Value |
|
850 Btu/scf
|
|
|
|
|
|
Emission |
|
NOx |
|
0.068 Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
Factors |
|
CO |
|
0.37 Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
|
|
VOC |
|
0.0518 Ib/MMBtu |
|
(AP-42, Table 13.5-2, less methane and ethane) |
|
|
|
|
|
|
|
|
|
Emissions
|
|
NOx
|
|
0.22 Ib/hr
|
|
|
|
0.95 ton/yr |
|
|
CO
|
|
1.18 Ib/hr
|
|
|
|
5.19 ton/yr |
|
|
VOC
|
|
0.17 Ib/hr
|
|
|
|
0.73 ton/yr |
Page 10 of 16
Platte Valley Fuel Ethanol, Inc.
Emissions from Vapor Recovery System Flare
VOCs from fuel combustion at the flare are included in the product loadout emissions.
SO2 is negligible based on minimal H2S levels.
PM/PM-10 is negligible based on smokeless design.
|
|
|
|
|
|
|
|
|
|
|
Truck Loadout Flare |
Rate |
|
7.3 MMBtu/hr |
|
Operating Hours |
|
2500 hr/yr |
|
Emission |
|
NOx |
|
0.068 |
|
Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
|
|
Factors |
|
CO |
|
0.37 |
|
Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
|
|
|
Emissions |
|
NOx |
|
0 50 |
|
Ib/hr |
|
0.62 ton/yr |
|
|
|
|
CO |
|
2.70 |
|
Ib/hr |
|
3.38 ton/yr |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rail
Loadout Flare |
Rate |
|
6.4 MMBtu/hr |
|
Operating Hours |
|
4000 hr/yr |
|
Emission |
|
NOx |
|
0.068 |
|
Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
|
|
Factors |
|
CO |
|
0.37 |
|
Ib/MMBtu |
|
(AP-42, Table 13.5-2) |
|
|
|
Emissions |
|
NOx |
|
0.44 |
|
Ib/hr |
|
0.87 ton/yr |
|
|
|
|
CO |
|
2.37 |
|
Ib/hr |
|
4.74 ton/yr |
|
|
|
Flare size (MMBtu/hr) includes pilot gas.
Pilot gas does not run continuously, pilot comes on when loading sequence is initiated.
Page 11 of 16
Platte Valley Fuel Ethanol, Inc.
PM/PM-10 Emissions from Cooling Towers
|
|
|
Basis:
|
|
Mass balance calculations based on circulation rates, TDS, & drift loss Cooling water has a presumed density of 8.33 Ib/gal All
parameters set based on manufacturers and/or facility information Drift loss based on specification provided by cooling tower vendor |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Pollutant |
|
Circulation |
|
TDS |
|
Drift Loss |
|
Op hours |
|
PTE |
|
PTE |
|
|
gal/hr |
|
ppm |
|
percent |
|
hr/yr |
|
Ib/hr |
|
tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PM/PM-10 |
|
|
1,280,000 |
|
|
|
4,000 |
|
|
|
0.005 |
|
|
|
8,760 |
|
|
|
2.13 |
|
|
|
9.34 |
|
PM/PM-10 |
|
|
1,280,000 |
|
|
|
4,000 |
|
|
|
0.005 |
|
|
|
8,760 |
|
|
|
2.13 |
|
|
|
9.34 |
|
Page 12 of 16
Platte
Valley Fuel Ethanol, LLC
Internal Plant Roads — Paved
Basis: AP-42 Section 13.2.1 Paved Roads
|
|
|
|
|
|
|
|
|
Ibs/VMT Equation: E=k
(sL/2)0.65 (W/3)1.5
|
|
|
|
|
|
|
|
|
|
|
|
|
|
particle size multiplier
|
|
K PM
|
|
0.082 dimensionless
|
|
PM |
|
|
|
|
|
|
|
|
|
|
|
|
|
K PM-10
|
|
0.016 dimensionless
|
|
PM-10 |
|
|
|
|
|
|
|
|
|
|
|
road surface silt loading
|
|
sL
|
|
2.0 g/m2
|
|
* |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck |
|
Empty |
|
Full |
|
Weighted Average |
|
|
|
|
|
|
|
|
|
Total Vehicle |
|
Total Vehicle |
|
|
Capacity |
|
Vehicle |
|
Weight |
|
Vehicle Weight |
|
Emission |
|
Total |
|
Emissions |
|
Emissions |
Emission Area |
|
(tons) |
|
Weight (tons) |
|
(tons) |
|
(tons) |
|
Factor
(lb/VMT) |
|
VMT |
|
(Ib/yr) |
|
(tpy) |
Internal Plant Roads (PM) |
|
|
25 |
|
|
|
15 |
|
|
|
40 |
|
|
|
27.91 |
|
|
|
2.33 |
|
|
|
63179 |
|
|
|
146,979 |
|
|
|
73.49 |
|
Internal Plant Roads (PM-10) |
|
|
25 |
|
|
|
15 |
|
|
|
40 |
|
|
|
27.91 |
|
|
|
0.45 |
|
|
|
63179 |
|
|
|
28,679 |
|
|
|
14.34 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VMT Calculations |
|
Load Size |
|
|
Annual Need |
|
% by Truck |
|
Annual Needs/Truck Only |
|
|
Trips |
Denaturant |
|
7500 gal |
|
5 |
|
100% |
|
5.00 |
|
|
MM |
gal |
|
667 |
Final Ethanol Product (Denatured) |
|
7500 gal |
|
100 |
|
100% |
|
100.00 |
|
|
MM |
gal |
|
13,333 |
Grain |
|
25 ton |
|
1,000,000 |
|
100% |
|
1,000,000 |
|
|
tons |
|
|
40,000 |
MWDGS |
|
25 ton |
|
714,286 |
|
100% |
|
714,286 |
|
|
tons |
|
|
28,571 |
|
|
|
* |
|
Surface silt loading from most recent site
testing data on 6/22/05 was 0.207 g/m2. |
|
** |
|
Road emissions determined on shipping Modified Wet
Distillers Grain |
|
Grain density assumed 35.7 bu/ton
(about 56 Ib/bu) |
|
Mileage Based on proposed facility
layout (see Paved Road — Basis for Calculations
sheet) |
|
|
|
Paved Roads — Basis for Calculations
|
|
Page 13 of 16 |
Platte Valley Fuel Ethanol, LLC — Central City, Nebraska
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Denatured Ethanol Produced: |
|
|
100 |
|
|
MM gal/yr |
|
|
|
|
|
|
Ethanol |
|
|
|
|
|
|
|
|
|
|
|
|
Denatured Ethanol Annual Production |
|
|
100 |
|
|
MM gal |
|
|
|
|
|
100% Total Denatured Ethanol Transported by Tru |
Capacity of Truck |
|
|
7,500 |
|
|
gal |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
13,333 |
|
|
trips |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
1,195 |
|
|
feet per trip EMPTY |
|
|
3017.68 |
|
|
miles EMPTY |
|
|
|
2,639 |
|
|
feet per trip FULL |
|
|
6664.14 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
|
|
|
|
Denaturant |
|
|
|
|
|
|
|
|
|
|
|
|
Denaturant
Annual Usage |
|
|
5 |
|
|
MM gal |
|
|
|
|
|
|
Capacity of Truck |
|
|
7,500 |
|
|
gal |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
667 |
|
|
trips |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
2,639 |
|
|
feet per trip EMPTY |
|
|
333.21 |
|
|
miles EMPTY |
|
|
|
1,195 |
|
|
feet per trip FULL |
|
|
150.88 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
|
|
|
|
MWDGS |
|
|
|
|
|
|
|
|
|
|
|
|
MWDGS Annual Production |
|
|
714,286 |
|
|
tons |
|
|
|
|
|
* Assume 40 Ibs MWDGS / bushel grain @ 50% moisture. |
Capacity of Truck |
|
|
25 |
|
|
tons |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
28,571 |
|
|
trips |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
1,715 |
|
|
feet per trip EMPTY |
|
|
9280.30 |
|
|
miles EMPTY |
|
|
|
2,367 |
|
|
feet per trip FULL |
|
|
12808.44 |
|
|
miles FULL |
|
|
|
|
|
|
|
|
|
|
|
|
|
Grain |
|
|
|
|
|
|
|
|
|
|
|
|
Grain Annual Receiving |
|
|
1,000,000 |
|
|
tons |
|
|
|
|
|
|
Capacity of Truck |
|
|
25 |
|
|
tons |
|
|
|
|
|
|
Estimated Annual Truck Trips |
|
|
40,000 |
|
|
trips |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Truck Travel on Plant Roads |
|
|
2,367 |
|
|
feet per trip EMPTY |
|
|
17931.82 |
|
|
miles EMPTY |
|
|
|
1,715 |
|
|
feet per trip FULL |
|
|
12992.42 |
|
|
miles FULL |
Total
Miles Calculated, as follows: X feet * (1mile / 5280 feet) * number of truck
trips
|
|
|
|
|
|
|
|
|
Total Miles |
|
|
30,563.01 |
|
|
miles EMPTY |
|
48.4% percent of total miles are EMPTY trucks |
|
|
|
32,615.89 |
|
|
miles FULL |
|
51.6% percent of total miles are FULL trucks |
|
|
|
|
|
|
|
|
|
|
|
|
63,178.90 |
|
|
|
|
|
Empty truck is estimated to weigh 15 tons (for both liquids and solids)
Full Truck is estimated to weigh 40 tons (for both liquids and solids)
|
|
|
* |
|
Assume all MWDGS production and shipment by truck, as this worst-case for determining average
vehicle weight. |
Weighted Average (0.483753388160581) (15) + (0.516246611839419) (40) = 7.25630082240871+20.6498644735768 = 27.91 tons
Page 14 of 16
PTE HAPs Calculations for Natural Gas
Platte Valley Fuel Ethanol, Inc.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Emission Factor |
|
Amount Per |
|
Emissions |
|
Emissions |
Unit |
|
Organic Compound |
|
(Ib/million ft3) |
|
Year (MM scf) |
|
(lb/yr) |
|
(tpy) |
See Below |
|
Hexane |
|
|
1.8 |
|
|
|
2,768.16 |
|
|
|
4,982.69 |
|
|
|
2.4913 |
|
|
|
|
|
Formaldehyde |
|
|
7.50E-02 |
|
|
|
|
|
|
|
207.61 |
|
|
|
0.1038 |
|
|
|
|
|
Toluene |
|
|
3.40E-03 |
|
|
|
|
|
|
|
9.41 |
|
|
|
0.0047 |
|
|
|
|
|
Benzene |
|
|
2.10E-03 |
|
|
|
|
|
|
|
5.81 |
|
|
|
0.0029 |
|
|
|
|
|
Nickel |
|
|
2.10E-03 |
|
|
|
|
|
|
|
5.81 |
|
|
|
0.0029 |
|
|
|
|
|
Chromium |
|
|
1.40E-03 |
|
|
|
|
|
|
|
3.88 |
|
|
|
0.0019 |
|
|
|
|
|
Dichlorobenzene |
|
|
1.20E-03 |
|
|
|
|
|
|
|
3.32 |
|
|
|
0.0017 |
|
|
|
|
|
Cadmium |
|
|
1.10E-03 |
|
|
|
|
|
|
|
3.04 |
|
|
|
0.0015 |
|
|
|
|
|
Naphthalene |
|
|
6.10E-04 |
|
|
|
|
|
|
|
1.69 |
|
|
|
0.00084 |
|
|
|
|
|
Manganese |
|
|
3.80E-04 |
|
|
|
|
|
|
|
1.05 |
|
|
|
0.00053 |
|
|
|
|
|
Mercury |
|
|
2.60E-04 |
|
|
|
|
|
|
|
0.72 |
|
|
|
0.00036 |
|
|
|
|
|
Arsenic |
|
|
2.00E-04 |
|
|
|
|
|
|
|
0.55 |
|
|
|
0.00028 |
|
|
|
|
|
Cobalt |
|
|
8.40E-05 |
|
|
|
|
|
|
|
0.23 |
|
|
|
0.00012 |
|
|
|
|
|
2-Methylnaphthalene |
|
|
2.40E-05 |
|
|
|
|
|
|
|
0.07 |
|
|
|
0.000033 |
|
|
|
|
|
Phenanthrene |
|
|
1.70E-05 |
|
|
|
|
|
|
|
0.05 |
|
|
|
0.000024 |
|
|
|
|
|
Pyrene |
|
|
5.00E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000069 |
|
|
|
|
|
Fluoranthene |
|
|
3.00E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000042 |
|
|
|
|
|
Fluorene |
|
|
2.80E-06 |
|
|
|
|
|
|
|
0.01 |
|
|
|
0.0000039 |
|
|
|
|
|
Totals: |
|
|
|
|
|
|
|
|
|
|
5225.97 |
|
|
|
2.61 |
|
Calculate Thermal Oxidizer Unit/Dryer Natural Gas Consumption
|
|
|
|
|
|
|
Thermal Oxidizer
|
|
|
125 |
|
|
MMBtu/hr |
XXX
|
|
|
0 |
|
|
XXXxx/xx |
Xxxxx #0
|
|
|
00 |
|
|
XXXxx/xx |
Dryer #2
|
|
|
42 |
|
|
MMBtu/hr |
Boiler
|
|
|
99 |
|
|
MMBtu/hr |
SUM
|
|
|
316 |
|
|
MMBtu/hr |
|
|
|
1,000.00 |
|
|
BTU/scf |
|
|
|
316,000.00 |
|
|
scf/hr |
|
|
|
2,768.16 |
|
|
MMscf/yr |
|
|
|
Notes:
|
|
Emission factors taken from AP-42, Table 1.4-3 and 1.4-4 (7/98) |
|
|
Only factors for pollutants notes as HAPs as defined by Section 112(b) of the Clean Air Act listed |
|
|
Factors marked as “less than” were omitted as emissions from such pollutants are considered negligible |
|
|
|
|
|
|
Platte Valley Fuel Ethanol, Inc.
|
|
Page 15 of 16 |
Final Product PTE HAPs Calculations:
|
|
|
Compounds:
|
|
Acetaldehyde and Methanol, both at 200 ppm in Final Product
Assume the same composition in all VOCs that are predominantly ethanol |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VOC |
|
HAP |
|
HAPs Emissions |
|
HAP Emissions |
|
Total |
Tank |
|
Process/ |
|
Emissions |
|
Emissions |
|
Acetaldehyde |
|
Methanol |
|
HAPs Emissions |
ID No. |
|
Tank Type |
|
(tpy) |
|
Factor (%) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
|
Valves and Pumps |
|
6.62 |
|
0.0002 |
|
0.0013 |
|
0.0013 |
|
0.0026 |
|
|
95% of Total Railcar Loading VOCs |
|
1.00 |
|
0.0002 |
|
0.0002 |
|
0.0002 |
|
0.0004 |
T61, T62, T66 |
|
95% of Denatured Ethanol Storage |
|
0.83 |
|
0.0002 |
|
0.0002 |
|
0.0002 |
|
0.0003 |
T63, T67 |
|
200 Proof Ethanol Storage |
|
0.63 |
|
0.0002 |
|
0.0001 |
|
0.0001 |
|
0.0003 |
T65, T68 |
|
190 Proof Ethanol Storage |
|
0.65 |
|
0.0002 |
|
0.0001 |
|
0.0001 |
|
0.0003 |
|
|
|
|
|
|
|
|
(sum of product tanks): |
|
|
|
0.0039 |
|
|
|
Denaturant:
|
|
Composition based on MSDS listed for one supplier (mid point used if a range given).
Most denaturants are similar in composition.
Only listed HAPs are given below. |
|
|
|
|
|
|
|
|
|
Total VOC from denaturant tanks |
|
2.00 tpy |
|
See TANKS data sheet |
5% of Total VOCs from Rail Loadout |
|
0.05 tpy |
|
|
|
|
5% of Denatured Ethanol Storage |
|
0.04 tpy |
|
|
|
|
TOTAL |
|
2.09 tpy |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HAP |
|
HAP |
|
|
Mass |
|
Emissions |
|
Emissions |
Compound |
|
Fraction |
|
(Ib/yr) |
|
(tpy) |
n-Hexane |
|
|
0.05 |
|
|
|
209.0947 |
|
|
|
0.10455 |
|
Toluene |
|
|
0.005 |
|
|
|
20.9095 |
|
|
|
0.01045 |
|
Benzene |
|
|
0.0025 |
|
|
|
10.4547 |
|
|
|
0.00523 |
|
Xylenes |
|
|
0.0005 |
|
|
|
2.0909 |
|
|
|
0.00105 |
|
Cumene |
|
|
0.0001 |
|
|
|
0.4182 |
|
|
|
0.00021 |
|
Ethylbenzene |
|
|
0.00005 |
|
|
|
0.2091 |
|
|
|
0.00010 |
|
Carbon disulfide |
|
|
0.00002 |
|
|
|
0.0836 |
|
|
|
0.00004 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total HAPs |
|
|
|
|
|
243.26 |
|
Ib/yr |
|
|
|
|
|
|
|
|
|
0.12 |
|
ton/yr |
|
|
|
|
|
|
Truck Loading: |
|
Composition based on MSDS listed for unleaded gasoline (mid point used if a range given).
Most gasoline is similar in composition.
Only listed HAPs are given below.
Calculations assume that trucks carrying ethanol were previously
carrying gasoline and that these vapors are expelled during loading. |
Total estimated VOC from product loading 13.03 tpy
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HAP |
|
HAP |
|
|
Percent |
|
Emissions |
|
Emissions |
Compound |
|
in Product |
|
(Ib/yr) |
|
(tpy) |
Benzene |
|
|
2.45 |
% |
|
|
638.31 |
|
|
|
0.319 |
|
Ethylbenzene |
|
|
2.00 |
% |
|
|
521.07 |
|
|
|
0.261 |
|
Cumene |
|
|
1.00 |
% |
|
|
260.53 |
|
|
|
0.130 |
|
Xylenes |
|
|
12.00 |
% |
|
|
3126.40 |
|
|
|
1.563 |
|
Toluene |
|
|
15.00 |
% |
|
|
3908.00 |
|
|
|
1.954 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total HAPs |
|
|
|
|
|
8454.30 |
Ib/yr | |
|
|
|
|
|
|
|
|
|
4.23 |
ton/yr | |
|
|
|
|
|
|
|
|
|
Platte Valley Fuel Ethanol, Inc.
|
|
Page 16 of 16 |
Hazardous Air Pollutant Emissions Summary
Prepared by Air Resource Specialists, Inc.
See Attached Sheets for details of emission calculations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TO / DDGS |
|
DDGS |
|
CO2 |
|
Fuel |
|
VOC |
|
Product |
|
Denaturant |
|
Railcar |
|
Truck |
|
|
|
|
Production |
|
Cooler |
|
Scrubbers |
|
Combustion |
|
Losses |
|
Storage |
|
Storage/Usage |
|
Loading |
|
Loading |
|
TOTAL |
Compound |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
|
(tpy) |
Formaldehyde |
|
0.24528 |
|
0.0394 |
|
0.3504 |
|
0.1038 |
|
|
|
|
|
|
|
|
|
|
|
0.74 |
Acetaldehyde |
|
1.74324 |
|
0.0788 |
|
7.8840 |
|
|
|
0.0013 |
|
0.0004 |
|
|
|
0.0002 |
|
|
|
9.71 |
Methanol |
|
1.64688 |
|
0.0526 |
|
1.5768 |
|
|
|
0.0013 |
|
0.0004 |
|
|
|
0.0002 |
|
|
|
3.28 |
Acrolein |
|
1.44102 |
|
2.3126 |
|
0.4205 |
|
|
|
|
|
|
|
|
|
|
|
|
|
4.17 |
Hexane |
|
|
|
|
|
|
|
2.4913 |
|
|
|
|
|
0.1045 |
|
|
|
|
|
2.60 |
Toluene |
|
|
|
|
|
|
|
0.0047 |
|
|
|
|
|
0.0105 |
|
|
|
1.9540 |
|
1.97 |
Benzene |
|
|
|
|
|
|
|
0.0029 |
|
|
|
|
|
0.0052 |
|
|
|
0.3192 |
|
0.33 |
Nickel |
|
|
|
|
|
|
|
0.0029 |
|
|
|
|
|
|
|
|
|
|
|
0.0029 |
Chromium |
|
|
|
|
|
|
|
0.0019 |
|
|
|
|
|
|
|
|
|
|
|
0.0019 |
Dichlorobenzene |
|
|
|
|
|
|
|
0.0017 |
|
|
|
|
|
|
|
|
|
|
|
0.0017 |
Cadmium |
|
|
|
|
|
|
|
0.0015 |
|
|
|
|
|
|
|
|
|
|
|
0.0015 |
Naphthalene |
|
|
|
|
|
|
|
0.0008 |
|
|
|
|
|
|
|
|
|
|
|
0.0008 |
Manganese |
|
|
|
|
|
|
|
0.0005 |
|
|
|
|
|
|
|
|
|
|
|
0.0005 |
Mercury |
|
|
|
|
|
|
|
0.0004 |
|
|
|
|
|
|
|
|
|
|
|
0.0004 |
Arsenic |
|
|
|
|
|
|
|
0.0003 |
|
|
|
|
|
|
|
|
|
|
|
0.0003 |
Cobalt |
|
|
|
|
|
|
|
0.0001 |
|
|
|
|
|
|
|
|
|
|
|
0.0001 |
2-Methylnaphthalene |
|
|
|
|
|
|
|
0.000033 |
|
|
|
|
|
|
|
|
|
|
|
0.000033 |
Phenanthrene |
|
|
|
|
|
|
|
0.000024 |
|
|
|
|
|
|
|
|
|
|
|
0.000024 |
Pyrene |
|
|
|
|
|
|
|
0.000007 |
|
|
|
|
|
|
|
|
|
|
|
0.000007 |
Fluoranthene |
|
|
|
|
|
|
|
0.000004 |
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
Fluorene |
|
|
|
|
|
|
|
0.000004 |
|
|
|
|
|
|
|
|
|
|
|
0.000004 |
Xylenes |
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00105 |
|
|
|
1.5632 |
|
1.56 |
Cumene |
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00021 |
|
|
|
0.1303 |
|
0.13 |
Ethylbenzene |
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00010 |
|
|
|
0.2605 |
|
0.26 |
Carbon disulfide |
|
|
|
|
|
|
|
|
|
|
|
|
|
0.00004 |
|
|
|
|
|
0.000042 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Potential to Emit |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
24.76 |
5.0 APPLICABLE REGULATORY REQUIREMENTS
The Federal Clean Air Act and Clean Air Act Amendments set forth regulatory
requirements for air emission sources. The regulations have been promulgated to protect and
improve the nation’s air quality and public health. A summary of applicable federal regulatory
requirements with respect to the Platte Valley Fuel Ethanol, LLC (PVFE) ethanol plant is provided
below.
FEDERAL REQUIREMENTS
New Source Performance Standards Subpart Kb
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart Kb regulate
emissions of volatile organic compounds (VOCs) from volatile organic liquid storage vessels.
Subpart Kb requirements vary depending on the tank size and vapor pressure of the stored liquid.
The standards affect all storage tanks constructed after July 23, 1984 that have a capacity
greater than or equal to 40 cubic meters, or about 10,000 gallons. There are several exemptions in
Subpart Kb, but the only exemption applicable to the ethanol industry is an exemption for any tank
that stores beverage alcohol. The Subpart Kb standards are summarized below.
|
• |
|
Tanks with a design capacity under 75 cubic meters (about 20,000 gallons) are
required to maintain records documenting the tank dimensions and storage capacity and
are subject to no other provisions of Subpart Kb or the NSPS general provisions (40
CFR 60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters, but less than 151
cubic meters (about 20,000 to 40,000 gallons in size) and that store product with a
maximum true vapor pressure less than 15.0 kPa are required to maintain records
documenting the tank dimensions and storage capacity, but are subject to no other
provisions of Subpart Kb or the NSPS general provisions (40 CFR 60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 151 cubic meters (about 40,000
gallons) and that store product with a maximum true vapor pressure less than 3.5 kPa
are required to maintain records documenting the tank dimensions and storage
capacity, but are subject to no other provisions of Subpart Kb or the NSPS general
provisions (40 CFR 60, Subpart A). |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters, but less than 151
cubic meters (about 20,000 to 40,000 gallons in size) and that store product with a
maximum true vapor pressure more than 27.5 kPa but less than 76.6 kPa are required to
control VOC emissions using an internal floating roof tank, external floating roof
tank, vapor recovery system, or an equivalent control practice. Subpart Kb contains
specifications for the type of emissions control selected. |
5-1
|
• |
|
Tanks with a design capacity greater than 151 cubic meters (about 40,000 gallons) and
that store product with a maximum true vapor pressure greater than 5.2 kPa but less
than 76.6 kPa are required to control VOC emissions using an internal floating roof
tank, external floating roof tank, vapor recovery system, or an equivalent control
practice. Subpart Kb contains specifications for the type of emissions control
selected. |
|
|
• |
|
Tanks with a design capacity greater than 75 cubic meters (about 20,000
gallons) that store product with a maximum true vapor pressure greater than or equal
to 76.6 kPa are required to use a closed vent system and emissions control device for
VOC emissions. |
At PVFE, all of the ethanol product storage tanks and the denaturant tank are subject to the
emissions control requirements of Subpart Kb. As such, each liquid storage tank at PVFE is
equipped with an internal floating roof.
New Source Performance Standards Subpart VV
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart VV regulate
emissions of volatile organic compounds (VOCs) from equipment leaks (valves, flanges, pump seals,
etc.). Facilities constructed after January 5, 1981 which produce any listed chemical in Subpart
VV are covered by the standards. Ethanol is listed as a regulated chemical in Subpart VV. Subpart
VV requires periodic leak detection monitoring for equipment in VOC service (containing more than
10 percent VOC) and prompt repair of any leaking components detected by the monitoring. The only
applicable exemption in Subpart VV is for facilities producing beverage alcohol.
Subpart VV was developed for the synthetic organic chemical manufacturing industry (SOCMI).
However, recent Environmental Protection Agency (EPA) guidance indicates that Subpart VV standards
apply to ethanol produced through natural fermentation processes, even though EPA guidance
indicates that grain-based ethanol production is exempt from all other SOCMI air quality
regulations.
Operations at Platte Valley Fuel Ethanol, LLC (PVFE) are subject to NSPS Subpart VV and leak
detection monitoring is required for all equipment in VOC service. PVFE will create a program and
conduct Subpart VV compliance monitoring in compliance with the applicable Subpart VV
requirements.
New Source Performance Standards Subpart Db and Dc
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subpart Db regulates air
emissions from steam generating units sized over 100 million Btu per hour, while Subpart dc
regulates emissions from 10 MBtu to l00MBtu steam generating units. There is currently one 125
MMBtu/hr thermal oxidizer (TO) followed by a waste heat recovery steam generator (HRSG). A proposed
addition of one 8 MMBtu/hr regenerative thermal oxidizer will
5-2
assist the primary TO and one stand-alone 99 MMBtu/hr boiler will assist in steam
production. No supplemental fuel will be combusted in the HRSG unit.
The federal New Source Performance Standards (NSPS) at 40 CFR 60 Subparts Db and Dc
regulate air emissions from steam generating units. The definition of “steam generating unit”
is as follows: “a device that combusts any fuel or byproduct waste to produce steam or to heat
water or any other heat transfer medium. This term includes any municipal-type solid waste
incinerator with a heat recovery steam generating unit or any steam generating unit that combusts
fuel and is part of a cogeneration system or combined cycle system. This term does not include
process heaters as they are defined in this subpart.”
The EPA memorandum dated January 8, 2003, has ruled that the thermal oxidizer/HRSG system is
a single piece of equipment for the purpose of determining NSPS applicability. The memo states
that, “Even though the combustion and heat transfer zones are contained in different pieces of
equipment ... together they are considered a device which combusts fuel and heats a transfer
medium.” Therefore, under this EPA ruling, the thermal oxidizer/HRSG at PVFE will be considered a
single piece of equipment.
Based on the above definitions, the 125 MMBtu/hr natural gas fired TO/HRSG will be subject to
Subpart Db, while the 99 MMBtu/hr boiler will be subject to Subpart Dc of the NSPS.
New Source Performance Standards Subpart DD
Subpart DD of the NSPS regulates grain elevators based on storage capacity. The definition of
“grain elevator” is as follows: any plant or installation at which grain (corn) is unloaded,
handled, cleaned, dried, stored, or loaded. Subpart DD regulates any grain elevator located at
either a wet or dry corn mill and has a permanent grain storage capacity of 35,200 m3
(ca. 1 million bushels).
Platte Valley Fuel Ethanol, LLC is currently not covered under the NSPS Subpart DD
requirements. However, the plant’s proposed grain storage system following expansion will be in
excess of 1 million bushels, and therefore, subject to Subpart DD of the NSPS. The grain receiving
baghouse (S20) will become subject to Subpart DD. Standards for Subpart DD are as follows:
|
• |
|
Any process emissions at the facility, except for grain dryers, can not
discharge particulate matter in excess of 0.023g/dscm (ca. 0.01 gr/dscf). Process
emissions (excluding grain dryers) and grain handling operations can not exceed 0
percent opacity. |
|
|
• |
|
Fugitive emissions from individual truck loading and railcar loading and
unloading can not exceed 5 percent opacity. Truck loading can not exceed 10 percent
opacity. |
5-3
Other NSPS Requirements
In general, ethanol plants that utilize grain feedstocks are not covered by NSPS regulations
applicable to the SOCMI industry, including Subpart RRR (SOCMI reactor processes), Subpart NNN
(SOCMI distillation processes), and the proposed Subpart YYY (SOCMI wastewater systems).
5-4
EXHIBIT L
Pre-Engineering Agreement
See Pre-Engineering Agreement Attached
Platte Valley Fuel Ethanol, LLC
April 24, 2006
L-1
PRE-ENGINEERING SERVICES AGREEMENT
BETWEEN
PLATTE VALLEY FUEL ETHANOL, LLC
AND
XXXXX ENGINEERING, LLC
April 24, 2006
TABLE OF CONTENTS
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Article 1 |
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Definitions; Rules of Interpretation |
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1 |
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1.1 |
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Rules of Construction |
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1 |
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1.2 |
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Defined Terms |
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2 |
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Article 2 |
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Retention of Agent |
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4 |
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2.1 |
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Retention of Services |
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4 |
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Article 3 |
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Engineer Responsibilities |
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4 |
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3.1 |
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Services |
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4 |
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3.2 |
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Pre-Engineering Design Package |
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4 |
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3.3 |
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Delivery of Pre-Engineering Design Package |
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5 |
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3.4 |
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Delays |
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5 |
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3.5 |
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Utility Routing and Design Services Limited |
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5 |
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Article 4 |
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Client Responsibilities |
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5 |
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4.1 |
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Client’s Representative |
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5 |
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4.2 |
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Client’s Requirements |
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5 |
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4.3 |
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Other Information |
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5 |
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4.4 |
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Access to Property |
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5 |
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4.5 |
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Review of Documents |
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5 |
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4.6 |
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Consents, Approvals, Licenses, and Permits |
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6 |
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4.7 |
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Bids |
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6 |
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4.8 |
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Other Services |
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6 |
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4.9 |
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Services Outside Scope of Engineer’s Services |
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6 |
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4.10 |
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Deviation from Design |
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6 |
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4.11 |
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Developments Affecting Scope or Timing of Services |
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6 |
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Article 5 |
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Compensation And Payment |
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6 |
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5.1 |
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Compensation |
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6 |
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5.2 |
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Reimbursement of Engineer Expenses |
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7 |
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5.3 |
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Reimbursement of Subcontractor Expenses |
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7 |
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5.4 |
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Fees for Work Outside Scope of Services |
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7 |
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5.5 |
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Collection of Unpaid Amounts |
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7 |
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5.6 |
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Reimbursement Schedules Subject to Change |
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7 |
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5.7 |
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Invoices |
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7 |
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5.8 |
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Payment |
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7 |
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5.9 |
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Late Payment and Interest |
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7 |
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5.10 |
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Suspension for Failure to Pay |
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7 |
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5.11 |
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Payments from Lawful Sources |
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7 |
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5.12 |
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Withholding Payments |
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7 |
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Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
i
Table of Contents
(continued)
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5.13 |
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Purchase Orders |
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8 |
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5.14 |
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Changes in Project |
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8 |
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Article 6 |
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Construction Cost And Cost Estimates |
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8 |
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6.1 |
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Cost Estimates |
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8 |
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Article 7 |
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Termination |
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8 |
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7.1 |
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Termination Upon Default |
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8 |
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7.2 |
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Termination Upon Abandonment of Expansion Plant |
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8 |
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Article 8 |
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Ownership of Work Product |
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8 |
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8.1 |
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Work Product |
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8 |
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8.2 |
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Copies Provided to Client |
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9 |
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8.3 |
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Prohibited Use of Work Product |
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9 |
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8.4 |
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Derogation of Engineer's Rights to Work Product |
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9 |
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Article 9 |
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Successors and Assigns |
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9 |
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9.1 |
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Successors |
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9 |
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9.2 |
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Written Consent Required |
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9 |
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9.3 |
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No Third-Party Beneficiaries |
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9 |
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Article 10 |
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Warranty |
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9 |
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10.1 |
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No Warranty Extended |
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9 |
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10.2 |
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No Responsibility for Construction |
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10 |
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Article 11 |
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Indemnification |
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10 |
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11.1 |
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Engineer's Indemnification |
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10 |
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11.2 |
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Client's Indemnification |
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10 |
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11.3 |
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Hazardous Materials Indemnification |
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10 |
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Article 12 |
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Dispute Resolution |
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10 |
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12.1 |
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Arbitration |
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10 |
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Article 13 |
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Confidentiality |
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11 |
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13.1 |
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Non-Disclosure Obligation |
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11 |
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13.2 |
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Publicity and Advertising |
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11 |
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13.3 |
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Term of Obligation |
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12 |
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Article 14 |
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Miscellaneous |
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12 |
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14.1 |
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Governing Law |
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12 |
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14.2 |
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Severability |
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12 |
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14.3 |
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No Waiver |
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12 |
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14.4 |
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Captions and Headings |
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12 |
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14.5 |
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Engineer's Accounting Records |
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12 |
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Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
ii
Table of Contents
(continued)
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Page |
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14.6 |
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Counterparts |
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12 |
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14.7 |
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Survival |
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12 |
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14.8 |
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No Privity with Client's Contractors |
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13 |
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14.9 |
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Amendments |
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13 |
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14.10 |
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Entire Agreement |
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13 |
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14.11 |
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Notice |
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13 |
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14.12 |
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Extent of Agreement |
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14 |
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14.13 |
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Subrogation Waiver |
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14 |
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EXHIBIT A |
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Reimbursement Schedule |
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15 |
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EXHIBIT B |
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Reimbursable Expense Schedule |
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16 |
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EXHIBIT C |
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Client's Deliverable Site Obligations |
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17 |
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Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
iii
PRE-ENGINEERING SERVICES AGREEMENT
THIS PRE-ENGINEERING SERVICES AGREEMENT (the “
Agreement”) is made as of April 24,
2006, (the “
Effective Date”) by and between Platte Valley Fuel Ethanol, LLC, a Nebraska
Limited Liability Company (the “
Client”) and Xxxxx Engineering, LLC, a
Minnesota Limited Liability
Company (the “
Engineer”). Each of the Client and Engineer are referred to herein
individually as a “
Party” and collectively as the
“
Parties.”
RECITALS
WHEREAS,
Client owns and operates a forty (40) million gallons per year (“MGY”) dry grind
ethanol production facility near Central City, Nebraska (the “PVFE Plant”); and
WHEREAS, Client desires to develop, construct, own and operate a 40 MGY expansion (the
“Expansion Plant”) of the PVFE Plant, which would bring the total nameplate capacity of the
PVFE Plant to 80 million gallons per year; and
WHEREAS,
Client and Xxxxx, Inc. (“Design - Builder”) intend to enter into that certain Lump
Sum Design-Build Expansion Agreement (“Design-Build
Agreement”) under which Xxxxx, Inc.,
an affiliate of Engineer, will serve as the design-builder for the Expansion Plant and provide
design, engineering, procurement and construction services for the development and construction of
the Expansion Plant; and
WHEREAS, Client wishes to retain an entity in advance of entering into the Design-Build
Agreement to perform certain engineering and design work that will be required under the
Design-Build Agreement on the terms and conditions set forth in this Agreement, and Engineer
desires to act as such entity upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
intending to be legally bound by this Agreement, the parties do hereby agree as follows;
Article 1
Definitions; Rules of Interpretation
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1.1 |
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Rules of Construction. |
The capitalized terms listed in this Article 1 shall have the meanings set forth herein
whenever the terms appear in this Agreement, whether in the singular or the plural or in the
present or past tense. Other terms used in this Agreement but not listed in this Article shall
have meanings as commonly used in the English language and, where applicable, in generally
accepted construction and design-build industry standards. Words not otherwise defined herein that
have well known and generally accepted technical or trade meanings are used herein in
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
1
accordance with such recognized meanings. In addition, the following rules of interpretation shall
apply:
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(a) |
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The masculine shall include the feminine and neuter. |
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(b) |
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References to “Articles,” “Sections,” “Schedules,” or “Exhibits” shall be to
Articles, Sections, Schedules or Exhibits of this Agreement. |
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(c) |
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This Agreement was negotiated and prepared by each of the Parties with the
advice and participation of counsel. The Parties have agreed to the wording of
this Agreement and none of the provisions hereof shall be construed against one
Party on the ground that such Party is the author of this Agreement or any part
hereof. The following definitions will apply in this Agreement: |
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1.2 |
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Defined Terms. |
In addition to definitions appearing elsewhere in this Agreement, the following terms have the
following meanings:
Agreement will have the meaning given to such term in the Preamble to this Agreement.
Applicable Law means
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(a) |
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any and all laws, legislation, statutes, codes, acts, rules, regulations,
ordinances,
treaties or other similar legal requirements enacted, issued or promulgated by a
Governmental Authority; |
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(b) |
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any and all orders, judgments, writs, decrees, injunctions,
Governmental
Approvals or other decisions of a Governmental Authority; and |
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(c) |
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any and all legally binding announcements, directives or published practices
or
interpretations, regarding any of the foregoing in (a) or (b) of this definition,
enacted, issued or promulgated by a Governmental Authority; |
to the extent, for each of the foregoing in (a), (b) and (c) of this definition, applicable to or
binding upon (i) a Party, its affiliates, its shareholders, its members, it partners or their
respective representatives, to the extent any such person is engaged in activities related to the
Services; or (ii) the property of a Party, its affiliates, its shareholders, its members, its
partners or their respective representatives, to the extent such property is used in connection
with the Services or an activity related to the Services.
Client will have the meaning given to such term in the Preamble to this Agreement.
Client Deliverables will mean the Client’s deliverable obligations pursuant to Exhibit C attached
to this Agreement.
Client’s Representative will have the meaning given to such term in Section 4.1
Design-Build Agreement will have the meaning given to such term in the Recitals to this Agreement.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
2
Effective Date will have the meaning given to such term in the Preamble to this Agreement.
Engineer
will have the meaning given to such term in the Preamble to this Agreement.
Engineer Responsible
Parties will have the meaning given to such term in Section 4.10.
Expansion Plant will have the
meaning given to such term in the Recitals to this Agreement.
Governmental Approvals will mean any material authorizations or permissions issued or granted by
any Governmental Authority to the Project, the Client, the Engineer, subcontractors and their
affiliates in connection with any activity related to the Services.
Governmental Authority will mean any federal, state, local or municipal governmental body; any
governmental, quasi-governmental, regulatory or administrative agency, commission, body or other
authority exercising or entitled to exercise any administrative, executive, judicial, legislative,
policy, regulatory or taxing authority or power; or any court or governmental tribunal; in each
case having jurisdiction over the Client, the Engineer, the Expansion Plant, or the Site.
Monthly Invoice will have the meaning given to such term in Section 5.7.
Party or Parties will have the meaning given to such term in the Preamble to this Agreement.
Pre-Engineering Design Package will have the meaning given to such term in Section 3.2.
Project will mean, the Expansion Plant, together with all equipment, labor, services and materials
furnished under the Design-Build Agreement.
PVFE Plant will have the meaning given to such term in the Recitals to this Agreement.
Services will have the meaning given to such term in Section 3. L
Site will mean the land or premises on which the Expansion Plant is located.
Subcontractor will mean any person or entity, including but not limited to independent engineers,
associates, and consultants, retained by Engineer, or by any person or entity retained directly or
indirectly by Engineer, in each case as an independent contractor, to perform a portion of the
Services.
Work Product will have the meaning given to such term in Section 8.1.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
3
Article 2
Retention of the Agent
2.1 Retention of Services. On the terms and subject to the conditions hereinafter set forth,
Client hereby retains Engineer to perform, and Engineer hereby agrees to perform, the Services.
Engineer will provide such Services solely pursuant to the terms and conditions set forth herein
including any indemnifications and limitations on liability.
Article 3
Engineer Responsibilities
3.1 Services. Engineer shall perform the Pre-Engineering Design Package
engineering services necessary to facilitate Client’s completion of the Site work required of
Client prior to the issuance of a Notice to Proceed pursuant to the Design-Build Agreement
(collectively, the “Services”).
3.2 Pre-Engineering Design Package. The Pre-Engineering Design Package to be
provided by Engineer shall consist of the engineering and design of the Expansion Plant Site
and
shall include the following drawings;
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a) |
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Cover Sheet |
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b) |
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Property Layout Drawing |
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c) |
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Grading, Drainage and Erosion Control Plan Drawing (Multiple Drawings if
Required) |
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i. |
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Used for Land Disturbance Permitting |
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ii. |
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Site grading is held 6-inches low for topsoil and seeding |
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d) |
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Roadway Alignment Drawing (If Required) |
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e) |
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Culvert Cross Sections and Details (If Required) |
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f) |
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Seeding and Landscaping (If Required) |
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g) |
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Utility Layout (Fire Loop) (If Required) |
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h) |
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Utility Layout (Potable Water) (If Required) |
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i) |
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Utility Layout (Well Water) if using on-Site xxxxx (If Required) |
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j) |
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Utility Layout (Sanitary Sewer) (If Required) |
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k) |
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Utility Layout (Utility Water Blowdown) (If Required) |
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1) |
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Utility Layout (Natural Gas) |
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i. |
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Engineer provides a preferred routing through the Site, line size and pipe
specifications are typically provided by the gas supplier. |
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m) |
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Site Utility Piping Tables Drawing (If Required) |
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n) |
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Sections and
Details Drawing (If Required) |
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o) |
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Miscellaneous Details Drawing (If
Required) |
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
4
3.3 Delivery of Pre-Engineering Design Package. Engineer shall deliver the
completed Pre-Engineering Design Package no later than 60 days after the receipt of all the
Client Deliverables.
3.4 Delays. The Parties agree that Engineer shall not be responsible for delays in
providing the Services under this Agreement due to factors beyond Engineer’s control.
3.5 Utility Routing and Design Services Limited. The Parties agree that Engineer
shall provide the routing and design for the utilities necessary for the Expansion Plant only
within the Expansion Plant property line and up to the Expansion Plant property line, and
that,
for purposes of this Agreement, Engineer assumes a tie-in point to a city utility. The
Parties
agree that, if there is no city tie-in point, Engineer will route the utilities to the
Expansion Plant
property line and stop. Any special tie-in requirements necessary to connect the utilities at
the
Expansion Plant property line are not included in the compensation or the scope of this
Agreement and shall only be designed and engineered by Engineer as change in the Project
which affects the Services hereunder.
Article 4
Client Responsibilities
4.1 Client’s Representative. Client shall, prior to the commencement of Services by
Engineer, name a representative (“Client’s Representative”) with authority
to receive
information and transmit instructions for Client. Client’s Representative shall be vested
with
authority to act on behalf of Client and Engineer shall be entitled to rely on Client’s
Representative’s communications with regard to the Services.
4.2 Client’s Requirements. Client shall, prior to the commencement of Services by
Engineer, provide Engineer with Client’s requirements for the Project, including objectives
and
constraints, design and construction standards, bonding and insurance requirements, and
contract
forms.
4.3 Other Information. Prior to the commencement of Services by Engineer, Client
shall provide Engineer with all other information available to Client and pertinent to the
Project
and the Services including, but not limited to, all items required pursuant to Exhibit C.
The
items required by Client pursuant to this Section 4.3 shall be furnished at Client’s expense,
and
Engineer shall be entitled to rely upon the accuracy and completeness thereof.
4.4 Access to Property. Prior to the commencement of Services and as necessary
during the performance of Services, Client shall arrange for access by Engineer upon public
and
private property, as required for the performance of the Services under this Agreement.
4.5 Review of Documents. As related to the performance of Services hereunder,
Client shall examine documents presented by Engineer, obtain legal and other advice as Client
deems appropriate, and render written decisions within reasonable time. The items required by
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
5
Client pursuant to this Section 4.5 shall be furnished at Client’s expense, and Engineer shall be
entitled to rely upon the accuracy and completeness thereof.
4.6 Consents, Approvals, Licenses and Permits. Prior to the commencement of
Services and as necessary during the performance of the Services, Client shall obtain all
consents, approvals, licenses, permits, and other Governmental Approvals necessary for the
Project and for the performance of the Services. The items required by Client pursuant to this Section 4.6
shall be furnished at Client’s expense, and Engineer shall be entitled to rely
upon the
accuracy and completeness thereof.
4.7 Bids. Client shall advertise for and open bids when scheduled.
4.8 Other Services Client shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the Services, including auditing
services
the Client may require to verify the monthly invoices or to ascertain how or for what purposes
the Engineer and/or Subcontractors have used the money paid by or on behalf of the Client.
4.9 Service Outside Scope of Engineer’s Services. Client shall, at its own
expense, as necessary for the performance and completions of the Services, provide any
additional services necessary for the Project that are outside the scope of the Services
provided
by Engineer under this Agreement. Engineer shall be entitled to rely upon, as applicable, the
completeness and accuracy of such additional services.
4.10 Deviation from Design. Client shall indemnify and hold harmless Engineer, its
employees, its agents, its affiliates, and any other persons or entities within its control or
for
whom Engineer would otherwise be responsible (“Engineer Responsible Parties”) against
claims
arising out of Engineer’s design, if there has been, in the completion of the Site work
required of
Client prior to the issuance of a Notice to Proceed pursuant to the Design-Build Agreement, a
failure to follow Engineer’s recommendation and such deviation or failure caused the claims.
4.11 Developments Affecting Scope or Timing of Services. Client shall promptly
notify Engineer, in writing, when Client learns of contractor error or any development that
affects the scope or timing of Engineer’s Services.
Article 5
Compensation and Payment
5.1 Compensation. In consideration of its performance of the Services, Client shall pay
Engineer for Engineer’s time in the performance of the Services at a fixed fee of Ninety-two
Thousand Five Hundred Dollars ($92,500.00) (“Fixed Fee”) as compensation. Engineer’s compensation
under this Section 5.1 shall be pursuant to the Fee schedule attached hereto as Exhibit A, as such
schedule may be modified from time to time. The full amount of compensation paid by Client under
this Section 5.1 shall be included in and credited to the Design-Build Agreement’s contract price
if entered into upon payment in full by Client.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
6
5.2 Reimbursement of Engineer Expenses. In addition to the fixed fee in 5.1,
Client shall reimburse Engineer for its expenses related to the performance of the Services in
accordance with Engineer’s current reimbursable expense schedule attached hereto as Exhibit B.
5.3 Reimbursement of Subcontractor Expenses.
5.3.1 Subcontractor charges related to time spent in the performance of the
Services shall not be marked-up by Engineer. Client shall reimburse Engineer for costs related
to Subcontractors’ time in accordance with the Subcontractors’ invoices for the work.
5.3.2 Subcontractor reimbursable expenses will be marked up in accordance
with the current reimbursable expense schedule attached hereto as Exhibit B.
5.4 Fees for Work Outside Scope of Services. Fees for all work outside the scope
of Engineer’s responsibilities described in Article 3, including change order work, shall be
computed in accordance with Engineer’s current fee schedules, attached hereto as Exhibits A
and
B, as such schedules may be revised from time to time, unless otherwise agreed to in writing.
5.5 Collection of Unpaid Amounts. If any amount due is not paid in accordance
with this Agreement and Engineer must collect that amount, Engineer shall be entitled to
recover, in addition to the amount due, the cost of collection, including reasonable
attorney’s
fees in connection with those collection efforts.
5.6 Reimbursement Schedules Subject to Change. Engineer’s reimbursement
schedule and reimbursable expense schedule attached hereto as Exhibits A and B are subject to
change on January 1 of each year.
5.7
Invoices. Engineer shall submit a monthly invoice
(“Monthly Invoice”) for
Services provided and for reimbursable expenses incurred by Engineer and any Subcontractors.
5.8 Payment. Within thirty (30) days after Client’s receipt of each Monthly
Invoice, Client shall pay Engineer all amounts due.
5.9
Late Payment and Interest. If Client fails to make payment within thirty (30)
days after receipt of Monthly Invoice, interest at the maximum legal rate or at an annual rate
of
18%, whichever is less, shall accrue.
5.10 Suspension for Failure to Pay. If Client fails to make payment within thirty (30)
days after receipt of Monthly Invoice, Engineer may, at its option, after giving seven (7)
days’
written notice, suspend Services until all amounts due to Engineer by Client have been paid in
full.
5.11 Payments from Lawful Sources. Client shall provide for payment from one or
more lawful source of all sums to be paid Engineer.
5.12 Withholding Payments. Engineer’s compensation shall not be reduced on
account of any amounts withheld from payment to Subcontractors.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
7
5.13 Purchase Orders. If Client issues a purchase order or other document to initiate
the commencement of Services hereunder, it is expressly agreed that any terms and conditions
appearing thereon shall have no application and only the provisions of this Agreement shall
apply.
5.14 Changes in Project. If Client requests changes in the Project which affect the
Services, compensation for and time of performance of Engineer’s services shall be adjusted
appropriately.
Article 6
Construction Cost and Cost Estimates
6.1 Cost Estimates. Client and Engineer acknowledge that Engineer has no control over cost of
labor, materials, equipment or services furnished by others, over contractors’ methods of
determining prices, or other competitive bidding or market conditions and that Engineer’s estimates
of Project construction cost will be made on the basis of its employees’ experience and
qualifications and will represent Engineer’s employees’ best judgment as experienced and qualified
professionals, familiar with the construction industry. Engineer does not guarantee that proposal,
bids, or actual construction cost will not vary from its estimates of Project cost and Client
acknowledges the same.
Article 7
Termination
7.1 Termination Upon Default. Either party may terminate this Agreement upon
twenty (20) days’ written notice if the non-terminating party has defaulted through no fault
of the
terminating party.
7.2 Termination Upon Abandonment of Expansion Plant. Client may terminate
Engineer’s obligation to provide further services upon twenty (20) days’ written notice if
Client
abandons development of the Expansion Plant. In such event, all past due amounts for services
rendered (including Subcontractor’s fees, if any) and any unpaid reimbursable expenses shall
be
immediately due and payable by Client.
Article 8
Ownership of Work Product
8.1 Work Product. All tangible items prepared by Engineer, including but not limited to all
drawings, specifications, calculations, data, notes and other materials and documents, including
electronic data furnished by Engineer to Client and to Subcontractors
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
8
under this
Agreement (“Work Product”) shall be instruments of service, and Engineer shall retain
the ownership and property interests therein, including the copyrights thereto.
8.2 Copies Provided to Client. Client may retain copies of Work Product for
reference; provided, however, that Client may not make copies of the Work Product available
without Engineer’s written permission, and, granted such permission, may only do so to the
extent the use of such copies of the Work Product directly pertains to the Services, the
Expansion
Plant, or the construction thereof. Pursuant to Section 8.1 of this Agreement, Engineer
retains
ownership of and property interests in any Work Product made available and/or copied.
8.3 Prohibited Use of Work Product. Reuse of the Work Product on any another
Project without Engineer’s written consent is prohibited. Client shall indemnify and hold
harmless Engineer Responsible Parties against claims resulting from such prohibited reuse.
Said
items are not intended to be suitable for completion of this Project by others.
8.4 Derogation of Engineer’s Rights to Work Product. Submittal or distribution of
Work Product in connection with the performance and completion of the Services and the
construction of the Project does not constitute publication in derogation of Engineer’s rights
and
does not in any way diminish Engineer’s Work Product rights established herein.
Article 9
Successors and Assigns
9.1 Successors. The Parties intend that the provisions of this Agreement are binding
upon the Parties, their employees, agents, heirs, successors and assigns.
9.2 Written Consent Required. Neither Party shall assign, sublet, or transfer any
interest in this Agreement without written consent of the other; provided, however, that
Engineer
may employ such Subcontractors as it may deem appropriate and may transfer or assign any
interest in this Agreement or the Work Product to Design-Builder without consent of Client.
9.3 No Third-Party Beneficiaries. None of the provisions of this Agreement will be
for the benefit of or enforceable by any person other than the Parties hereto, their
successors and
permitted assigns and legal representatives
Article 10
Warranty
10.1 No Warranty Extended. Engineer shall use reasonable care to reflect requirements of all
Applicable Laws, rules, or regulations of which Engineer has knowledge or about which Client
specifically advises in writing, which are in effect on the date of this Agreement. ENGINEER
INTENDS TO RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS,
BUT NO OTHER
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
9
WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. Client’s rights
and remedies in this Agreement are exclusive.
10.2 No Responsibility for Construction. Engineer shall not be responsible for construction of
the Expansion Plant, contractors’ construction means, methods, techniques, sequences, or
procedures, or for contractors’ safety precautions and programs, or for contractors’ failure
according to contract documents.
Article 11
Indemnification
11.1 Engineer’s Indemnification. To the fullest extent permitted by law, Engineer
shall indemnify and hold harmless Client, Client’s officers, directors, partners, employees,
and
agents from and against any and all claims for bodily injury and for damage to tangible
property
caused solely by the negligent acts or omissions of Engineer or Engineer Responsible Parties
and
Engineer’s Engineers in the performance and furnishing of Engineer’s Services under this
Agreement. Any indemnification shall be limited to the terms and amounts of coverage of the
Engineer’s insurance policies.
11.2 Client’s Indemnification. To the fullest extent permitted by law, Client shall
indemnify and hold harmless Engineer, Engineer’s officers, directors, partners, employees, and
agents and Engineer’s Engineers from and against any and all claims for bodily injury and for
damage to tangible property caused solely by the negligent acts of omission of Client or
Client’s
officers, directors, partners, employees, agents, and Client’s Engineers with respect to this
Agreement or the Project.
11.3 Hazardous Materials Indemnification. In addition to the indemnity provided
under this section, and to the fullest extent permitted by law, Client shall indemnify and
hold
harmless Engineer and its officers, directors, partners, employees, and agents and Engineer’s
Engineers from and against all claims, costs, losses, and damages (including but not limited
to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) caused by, arising out of, or relating to the
presence,
discharge, release, or escape of asbestos, PCBs, petroleum, hazardous waste, or radioactive
materials at, on, under, or from the Site.
Article 12
Dispute Resolution
12.1 Arbitration. In an effort to resolve any conflicts that arise out of or relate to this
Agreement, the Client and the Engineer agree that all disputes shall be submitted first to
nonbinding mediation. If mediation does not resolve the conflicts, the controversy shall be
decided by final and binding arbitration conducted in Minneapolis,
Minnesota in accordance with
the Construction Industry Arbitration Rules of the American Arbitration Association then in
effect, unless the Parties mutually agree otherwise.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
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The award of the arbitrator(s) shall be final and binding upon the Parties without the right of
appeal to the courts. Judgment may be entered upon it in accordance with Applicable Law by any
court having jurisdiction thereof.
Engineer and Client expressly agree that any arbitration pursuant to this Section 12.1 may be
joined or consolidated with any arbitration involving any other person or entity (i) necessary to
resolve the claim, dispute or controversy, or (ii) substantially involved in or affected by such
claim, dispute or controversy. Both Engineer and Client will include appropriate provisions in all
contracts they execute with other parties in connection with the Services to require such joinder
or consolidation.
The prevailing Party in any arbitration, or any other final, binding dispute proceeding upon which
the Parties may agree, shall be entitled to recover from the other Party reasonable attorneys’
fees and expenses incurred by the prevailing Party.
Article 13
Confidentiality
13.1 Non-Disclosure Obligation. Except as required by court order, subpoena, or
Applicable Law, neither Party shall disclose to third parties any confidential or proprietary
information regarding the other Party’s business affairs, finances, technology, processes,
plans or
installations, product information, know-how, or other information that is received from the
other Party pursuant to this Agreement or the Parties’ relationship prior thereto or is
developed
pursuant to this Agreement, without the express written consent of the other Party, which
consent
shall not be unreasonably withheld. The Parties shall at all times use their respective
reasonable
efforts to keep all information regarding the terms and conditions of this Agreement
confidential
and shall disclose such information to third Persons only as reasonably required for the
permitting of the Project; financing the development, construction, ownership, operation and
maintenance of the Expansion Plant; or as reasonably required by either Party for performing
its
obligations hereunder and if prior to such disclosure, the disclosing Party informs such third
Persons of the existence of this confidentiality obligation and only if such third Persons
agree to
maintain the confidentiality of any information received. This Article 13 shall not apply to
information that was already in the possession of one Party prior to receipt from the other,
that is
now or hereafter becomes a part of the public domain through no fault of the Party wishing to
disclose, or that corresponds in substance to information heretofore or hereafter furnished by
third parties without restriction on disclosure.
13.2 Publicity and Advertising. Neither Client nor Engineer shall make or permit
any of their subcontractors, agents, or vendors to make any external announcement or
publication, release any photographs or information concerning the Project or any part
thereof, or
make any other type of communication to any member of the public, press, business entity, or
any official body which names the other Party unless prior written consent is obtained from
the
other Party, which consent shall not be unreasonably withheld.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
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13.3 Term of Obligation. The confidentiality obligations of the Parties pursuant to this
Article 13 shall survive for a period five (5) years following the later to occur of termination
of this Agreement or completion of the Expansion Plant.
Article 14
Miscellaneous
14.1 Governing Law. This Agreement shall be governed by and construed and
enforced in accordance with, the substantive laws of the state of
Minnesota, without regard to
the
conflict of laws provisions thereof.
14.2 Severability. If any provision or any part of a provision of the Agreement shall
be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant
to
any applicable Legal Requirements, such determination shall not impair or otherwise affect the
validity, legality, or enforceability of the remaining provision or parts of the provision of
the
Agreement, which shall remain in full force and effect as if the unenforceable provision or
part
were deleted.
14.3 No Waiver. The failure of either Engineer or Client to insist, in any one or more
instances, on the performance of any of the obligations required by the other under this
Agreement shall not be construed as a waiver or relinquishment of such obligation or right
with
respect to future performance.
14.4 Captions and Headings. The table of contents and the headings used in this
Agreement are for ease of reference only and shall not in any way be construed to limit,
define,
extend, describe, alter, or otherwise affect the scope or the meaning of any provision of this
Agreement.
14.5 Engineer’s Accounting Records. Records of Engineer’s personnel time,
reimbursable expenses, and accounts between parties shall be maintained on a generally
recognized accounting basis.
14.6 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original and all of which together shall be deemed one and
the
same Agreement, and may be executed and delivered by facsimile signature, which shall be
considered an original.
14.7 Survival. Notwithstanding any provisions herein to the contrary, the Work
Product provisions set forth in Article 8 and the indemnity obligations set forth herein shall
survive (in full force) the expiration or termination of this Agreement, and shall continue to
apply to the Parties to this Agreement even after termination of this Agreement or the
transfer of
such Party’s interest in this Agreement.
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
12
14.8 No Privity with Client’s Contractors. Nothing in this Agreement is intended or
deemed to create any legal or contractual relationship between Engineer and any Client
contractor or subcontractor retained to perform the Site work required of Client prior to the
issuance of a Notice to Proceed pursuant to the Design-Build Agreement.
14.9 Amendments. This Agreement may not be changed, altered, or amended in any
way except in writing signed by a duly authorized representative of each Party.
14.10 Entire Agreement. This Agreement consists of the terms and conditions set
forth herein, as well as the Exhibits hereto, which are incorporated by reference herein and
made
a part hereof. This Agreement sets forth the full and complete understanding of the Parties as
of
the Effective Date with respect to the subject matter hereof.
14.11
Notice. Whenever the Agreement requires that notice be provided to a Party,
notice shall be delivered in writing to such party at the address listed below. Notice will
be
deemed to have been validly given if delivered (i) in person to the individual intended to
receive
such notice, (ii) by registered or by certified mail, postage prepaid to the address indicated
in the
Agreement within four (4) days after being sent, or (iii) by facsimile, by the time stated in
a
machine-generated confirmation that notice was received at the facsimile number of the
intended
recipient.
If to Engineer, to:
Xxxxx Engineering LLC
000 X. Xxxxxxx 000
P.O. Box 159
Granite Falls, MN 56241
Attention: Xxxx Xxxxxxx
Fax:
(000) 000-0000
with a copy to:
Xxxxx, Inc.
000 X. Xxxxxxx 000
P.O. Box 159
Granite Falls, MN 56241
Attention: Xxxxx Xxxxxxxx
Fax: (000) 000-0000
If to Client, to:
CLIENT:
ADDRESS:
ATTENTION:
FAX:
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
13
14.12 Extent of Agreement. This Agreement and the Exhibits incorporated therein
represent the entire agreement between the Parties and may be amended only by written
instrument signed by both Parties.
14.13 Subrogation Waiver. The Parties waive all rights against each other, and against
the contractors, Engineers, agents, and employees of the other for damages covered by any
property insurance during construction, and each shall require similar waivers from their
contractors, Engineers, and agents.
IN WITNESS WHEREOF, the Parties hereto have caused their names to be hereunto subscribed by their
officers thereunto duly authorized, intending thereby that this Agreement shall be effective as of
this April 24, 2006.
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PLATTE VALLEY FUEL ETHANOL, |
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XXXXX ENGINEERING, LLC |
LLC |
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By:
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/s/ Xxxxxxxx X. Xxxxxx |
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By: |
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/s/ Xxxx X. Xxxxxxx |
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Title:
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Chairman of the Board |
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Title: |
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Sr Vice President |
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Address for giving notices: |
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Address for giving notices: |
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000 Xxxx Xxxxxxx 212 |
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XX Xxx 000 |
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Xxxxxxx Xxxxx, XX 00000 |
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
14
EXHIBIT A
XXXXX ENGINEERING LLC
Fee Schedule FY 2006
CONFIDENTIAL
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BILLING |
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BILLING RATE |
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TYPICAL ASSIGNMENT |
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CLASS |
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Clerical / CADD Operator |
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1 |
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**** |
Clerical / CADD Operator |
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2 |
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CADD Operator / Designer |
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3 |
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CADD Operator / Designer / Engineer |
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4 |
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Designer / Engineer / PM |
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5 |
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**** |
Engineer / Senior Engineer / PM |
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6 |
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**** |
Senior Engineer / PM |
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7 |
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Senior Engineer / PM |
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8 |
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Senior Engineer / PM / Principal |
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9 |
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PM / Principal |
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10 |
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Principal |
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11 |
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**** |
Principal |
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12 |
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**** |
Principal |
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13 |
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**** |
Subject to Revision January 1, 2007
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
15
EXHIBIT B
Xxxxx Engineering LLC
Reimbursable Expense Billing Schedule
Effective January 1, 2006
CONFIDENTIAL
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Expense Code |
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Expense Description |
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Billing Rate |
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BCA |
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Blackline Print Copy - A |
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BCB |
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Blackline Print Copy - B |
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BCC |
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Blackline Print Copy - C |
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BCD |
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Blackline Print Copy - D |
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BCE |
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Blackline Print Copy - E |
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BOA |
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Paper Print Original - A |
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XXX |
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Paper Print Original - B |
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BOC |
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Paper Print Original - C |
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BOD |
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Paper Print Original - D |
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BOE |
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Paper Print Original - E |
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DISK |
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Floppy Disk 3½”/ea |
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FAX |
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Fax Machine Usage/Page |
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XX |
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Xxxx Distance Phone Calls |
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LODGING |
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Lodging |
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MEALS |
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Meal Expense |
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MILEAGE |
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Mileage/Mile |
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PC1 |
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Photocopies 8½ x 11 (<100)/ea |
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PC2 |
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Photocopies 11 x 17/ea |
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PC3 |
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Photocopies 8 (½) x 11 (>100)/ea |
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PO |
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Postage |
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PROSVC |
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Outside Professional Services |
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PROSVCEXP |
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Outside Professional Services Expenses |
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FLM |
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Film & Developing |
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SPECCOV |
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Specification Book - Cover & Binder/ea |
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TRANS |
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Transportation |
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UPS |
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Delivery Service Charges |
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VELLUM |
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Original Print/square foot |
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Subject to Revision January 1, 2007
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
16
EXHIBIT C
Client’s
Deliverable Site Obligations
Client Deliverables
Prior to Engineer’s commencement of the Pre-Engineering Design Package work, the Client shall
provide Engineer with the following Deliverables:
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1.
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Topographic Survey to one (1) foot contours including property boundaries and at least
two (2) benchmarks including existing service and utility lines. |
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Temporary and permanent easements, zoning, and other requirements and encumbrances
affecting land use or necessary to permit the proper design and construction of the Project
and enable Design-Builder to perform the Work. |
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To the extent available, as-built and record drawings of any existing structures at the Site. |
4.
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Environmental studies, reports and impact statements describing the environmental
conditions, including Hazardous Conditions, in existence at the Site. |
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Any special sizing or other requirements for ethanol storage tank farm. |
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Written approval from Client’s Rail service provider of rail design as prepared by
Client’s Rail Designer. |
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Client’s written approval of final site layout including rail design and environmental
permitting emission points. |
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Soil borings logs for all soil borings complete at Engineer’s specified locations. |
9.
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Geotechnical Report regarding subsurface conditions with Client’s
Geotechnical
Engineer’s recommendations from Engineer approved Geotechnical Engineer (Terracon
is preferred) including soil borings, and any other surveys or information available
describing other latent or concealed physical conditions at the Site. |
10.
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Review, comment, and written approval of Client’s air permit application. |
11.
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Client is required to provide approval of and understand the cost implications of the
soil
stabilization and foundation systems required for the project. This approval will be based
on the recommendations of the geotechnical and structural engineers. |
12.
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Location and form for delivery of temporary electrical service. |
13.
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On-site location for Storm Water discharge. |
14.
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Preliminary NPDES discharge location for water discharges from utility discharges
including, but not limited to the water pre-treatment system, water softeners, and cooling
tower blowdown. |
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Preliminary indication of source, analysis, and location of Client’s water supply. |
16.
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Client’s risk insurance provider’s specific requirements for fire protection or
approval to
design fire protection to Liberty Insurance standards. |
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Current location, source and quality of Client’s water supply. |
Platte Valley Fuel Ethanol, LLC
Pre-Engineering Agreement
April 24, 2006
17
EXHIBIT M
Form of Application for Payment
See Form of Application for Payment Attached
Platte Valley Fuel Ethanol, LLC
April 24, 2006
M-1
APPLICATION AND CERTIFICATE FOR PAYMENT
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TO (OWNER): |
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SAMPLE |
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PROJECT: |
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100 MBY Ethanol Plant |
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APPLICATION: 1 |
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DISTRIBUTION TO: |
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000 Xxx Xxxxxx |
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Xxxxxxx Xxxxx, XX |
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___ OWNER |
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Anywhere, US 12345-6789 |
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PERIOD TO: 10/25/2005 |
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___ ARCHITECT |
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___ CONTRACTOR |
FROM (CONT): |
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XXXXX, INC. |
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VIA (ARCHITECT): SAMPLE |
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ARCHITECT’S |
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000 XXXX XXX 000 |
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PROJECT NO: SAMPLE |
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___ |
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XXXXXXX XXXXX, XX. 00000-0000 |
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CONTRACT FOR: |
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100 MGY Ethanol Plant |
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CONTRACT DATE: |
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CONTRACTORS’S APPLICATION FOR PAYMENT
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CHANGE ORDER SUMMARY |
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Change
Orders approved in |
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ADDITIONS |
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DEDUCTIONS |
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previous months by owner |
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TOTAL |
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Approved this Month |
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Number |
Date Approved |
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TOTALS |
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Net Change by Change Orders |
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$ |
.00 |
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The undersigned Contractor certifies
that to the best of the Contractor’s knowledge, information, and belief the Work covered by this Application for Payment
has been completed in accordance with the Contract Documents, that
all amounts have been paid by the Contractor for Work for which
previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now
due.
CONTRACTOR: XXXXX, INC.
Application is made for Payment, as shown below, in connection with the contract.
Continuation Sheet is attached.
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1. |
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ORIGINAL CONTRACT SUM |
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$ |
99500000.00 |
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Net Change by Change Orders |
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.00 |
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CONTRACT SUM TO DATE |
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$ |
99500000.00 |
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TOTAL COMPLETED & STORED TO DATE |
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.00 |
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(Column G) |
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5. |
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RETAINAGE: |
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a. |
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10.00% of Completed Work |
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(Column D&E) |
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b. |
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10.00% of Stored Material |
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.00 |
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(Column F) |
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Total Retainage (Line 5a+5b) or |
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(Total in Column I) |
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$ |
.00 |
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6. |
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TOTAL EARNED LESS RETAINAGE |
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$ |
.00 |
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(Line 4 less Line 5 Total) |
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7. |
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LESS PREVIOUS CERTIFICATES FOR PAYMENT |
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(Line 6 from prior Certificate) |
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$ |
.00 |
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8. |
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CURRENT PAYMENT DUE |
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$ |
.00 |
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9. |
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BALANCE TO FINISH, PLUS RETAINAGE |
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$ |
99500000.00 |
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(Line 3 less Line 6) |
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Subscribed
and Sworn to before me this day of
,
Notary
Public:
My
Commission expires:
ARCHITECT’S
CERTIFICATE FOR PAYMENT
In
accordance with the Contract Documents, based on on-site observations
and the data comprising the above application, the Architect
certifies to the Owner that to the best of the Architect’s
knowledge, information, and belief the Work has progressed as
indicated, the quality of the Work is in accordance with the Contract
Documents, and the Contractor is entitled to payment of the AMOUNT
CERTIFIED.
(Attach
explanation if amount certified differs from the amount applied for.)
ARCHITECT:
SAMPLE
This
Certificate is not negotiable. The AMOUNT CERTIFIED is payable only
to the Contractor named herein. Issuance, payment and acceptance of
payment are without prejudice to any rights of the Owner or
Contractor under this contract.
Exhibit index
XXXXX, INC.
AIA CONTINUATION SHEET
DATE : 10/06/05 - THUR
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Application No. : 1 |
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Application Date : 10/06/05 |
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Period To : 10/25/2005 |
Job : SAMPLE 100 MGY Ethanol Plant |
Architect Project No. : SAMPLE |
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Item. |
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Description |
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Scheduled | |
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Previous |
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Current |
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Stored |
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Tot. Compl. |
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% |
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Balance | |
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|
No. |
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of Work |
|
Value | |
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Compltd |
|
Compltd |
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Material |
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& Stored |
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Comp |
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To Finish | |
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Retainage |
|
000001
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Mobilization |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000002
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Engineering |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000003
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General Conditions |
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|
***** |
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|
.00 |
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.00 |
|
.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000004
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Sitework |
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***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000005
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Concrete |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
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.00 |
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***** |
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.00 |
000006
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Masonry/Architectural |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
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.00 |
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***** |
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|
.00 |
000007
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Structural Steel & Misc Metals |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000008
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Girts Siding RoofDeck PE Build |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
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.00 |
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***** |
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|
.00 |
000009
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Grain Handling System |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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.00 |
000010
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DDS Storage Building |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
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***** |
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|
.00 |
000011
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Process Tanks & Vessels |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000012
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Field Erected Tanks |
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***** |
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|
.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000013
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Heat Exchangers |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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.00 |
000014
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Process Equipment |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000015
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Centrifuges |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
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***** |
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|
.00 |
000016
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Chiller |
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|
***** |
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|
.00 |
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.00 |
|
.00 |
|
.00 |
|
.00 |
|
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***** |
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|
.00 |
000017
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Truck Scales & Probe |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
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.00 |
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***** |
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|
.00 |
000018
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Ethanol Loadout/Vapor Flare |
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***** |
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.00 |
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.00 |
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.00 |
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.00 |
|
.00 |
|
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***** |
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|
.00 |
000019
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Cooling Tower |
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***** |
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.00 |
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.00 |
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.00 |
|
.00 |
|
.00 |
|
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***** |
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|
.00 |
000020
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Dryer System |
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***** |
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.00 |
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.00 |
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.00 |
|
.00 |
|
.00 |
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***** |
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|
.00 |
000021
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Thermal Oxidizer |
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***** |
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.00 |
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.00 |
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.00 |
|
.00 |
|
.00 |
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***** |
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|
.00 |
000022
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Methanator |
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***** |
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|
.00 |
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.00 |
|
.00 |
|
.00 |
|
.00 |
|
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***** |
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|
.00 |
000023
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Process Piping & Valves |
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***** |
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|
.00 |
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.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000024
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Painting |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000025
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|
Insulation |
|
|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000026
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Plumbing & HVAC |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
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|
.00 |
000027
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Electrical |
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|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
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***** |
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|
.00 |
000028
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Instrumentation |
|
|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
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***** |
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|
.00 |
000029
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Start-Up |
|
|
***** |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
|
***** |
|
|
.00 |
|
Totals : |
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|
99500000.00 |
|
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
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99500000.00 |
|
|
.00 |
Percent : |
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|
.00 |
|
.00 |
|
.00 |
|
.00 |
|
.00 |
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100.00 |
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|
.00 |
|
EXHIBIT N
Form of Lien Waiver
GENERAL CONTRACTOR’S PARTIAL WAIVER OF MECHANIC’S LIEN
RIGHTS AND AFFIDAVIT OF DEBTS AND CLAIMS
CONDITIONAL LIEN WAIVER
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STATE: (INSERT STATE)
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XXXXX, INC. |
COUNTY: (INSERT COUNTY) |
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The undersigned is the General Contractor (aka Design-Builder) regarding labor and materials
for construction and maintenance work performed for ( INSERT OWNER/PLANT NAME ), at the
Facility located at or near ( INSERT PLANT CITY & STATE ) under the terms of a
contract.
On condition of receiving full payment for xxxxxxxx up to date hereof under the terms
of the above mentioned contract, and other good and valuable consideration, the receipt of which is
hereby acknowledged, the undersigned does hereby waive and release any and all liens, and any and
all claims and rights to lien on the Facility (including all buildings on the premises) under the
statutes of the State of ( INSERT STATE ) relating to mechanic’s liens on account of
labor and materials furnished by the undersigned up to the date hereof at the Facility, as located
on real estate legally described as follows:
TRACT 1: (INSERT LEGAL DESCRIPTION)
TRACT 2: (INSERT LEGAL DESCRIPTION)
Platte Valley Fuel Ethanol, LLC
April 24, 2006
N-1
The undersigned further certifies that all obligations of General Contractor entered into
between suppliers/subcontractors and General Contractor regarding this
Facility are current as of this date, including all obligations of General Contractor for all
work, labor and services performed; materials and equipment furnished; and all known indebtedness
and claims against General Contractor for damages arising in any manner in connection with General
Contractor’s performance of the contract mentioned above for which General Contractor or property
of General Contractor might in any way be held responsible.
Dated this day of , 200 .
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GENERAL CONTRACTOR: |
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XXXXX, INC. |
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By (Print): |
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Title: |
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(Signature): |
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Witness (Print): |
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(Signature): |
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In the alternative (or if requested):
Subscribed and sworn to before me this
day of , 200___.
Notary Public
My Commission Expires:
Platte Valley Fuel Ethanol, LLC
April 24, 2006
N-2