GENERAL CONTRACT
Exhibit 10.3
THIS AGREEMENT, made this 24 day of July, 2008 by and between Homeland Energy Solutions,
LLC a corporation organized and existing under the laws of the State of Iowa, hereinafter
called Owner, party of the first part, and R&R Contracting, hereinafter called the
Contractor, party of the second part.
WITNESSETH: That, in consideration of the covenants and agreements herein contained, to be
performed by the parties hereto, and of the payments hereinafter provided, it is mutually agreed as
follows:
1. DESCRIPTION OF WORK
The Contractor agrees to furnish all labor, services, appliances and material, except as may
be hereinafter otherwise provided for, and to construct, install, complete and finish in the most
thorough workmanlike and substantial manner in every respect, within the time hereinafter
specified, and according to the specifications and drawings of this contract, Ethanol Plant Rail
Work located between New Hampton and Lawler Iowa.
2. PERIOD FOR COMPLETION
The starting date of the Work shall be fixed in a written Notice to Proceed from Owner to the
Contractor, which notice shall be mailed to or served upon the Contractor not less than five (5)
calendar days before the date fixed herein. Time being of the essence, the Contractor shall
commence the Work on or before the starting date August 15, 2008 and complete the Work as herein
described within 139 calendar days, thereafter; completion date is December 31, 2008. Upon written
application of the Contractor the Owner may, for reasons which in his opinion are beyond the
Contractor’s control, consent, in writing, to an extension of said contract time.
If the Contractor fails to complete the Work within the period herein fixed or so extended,
the Contractor shall pay, or the Owner may deduct from any sums due or to become due to the
Contractor, the Owner’s expenses during the additional period required to complete the Work for
engineering and supervision employed directly on the Work, which shall be in addition to any
damages to the Owner because of such failure.
3. PRICES
In consideration of the completion of the Work described herein, the fulfillment of all
stipulations of this contract, the specifications, the plans, and the drawings, to the satisfaction
and acceptance of the Owner and Owners Engineer, the said Owner shall pay, or cause to be paid, to
the Contractor, the lump sum amount of $5,756,534.56 Dollars. Unit pricing will apply to
all additions or force work.
4. DEFINITIONS
Except where it is clear by the context that another meaning is intended, the following words
and expressions shall be construed as follows:
The word “Owner” shall mean Homeland Energy Solutions, LLC or their appointed representative.
The word “Engineer” or “Chief Engineer” shall mean the TranSystems Appointed Engineer acting
on behalf of the Owner to insure compliance with the plans and specifications.
The word “Railroad” or “Railway Company” shall mean the local residing Rail Carrier, in this
case the DM&E.
The word “Work” shall mean all or any part of the matters covered by this Agreement or as
described by Technical Specifications, Special Provisions, and other documents provided to
Contractor.
The word “Project” shall mean the entire undertaking to any part of which this contract
relates.
The word “Contractor” shall mean the party of the second part or his authorized
representatives. If the Contractor is a corporation, the words “he”, “him”, “his” wherever they
refer to the Contractor, shall be read as “it” or its.”
5. INDEPENDENT CONTRACTOR
The Owner reserves no control whatsoever over the employment, discharge, compensation of or
services rendered by the Contractor’s employees, and it is the intention of the parties to this
agreement that the Contractor shall be and remain as Independent Contractor, and that nothing in
this agreement contained shall be construed as inconsistent with that status.
6. LAWS AND ORDINANCES
The Contractor shall comply with all laws, ordinances and regulations in any way pertaining to
the Work.
7. UNEMPLOYMENT AND RETIREMENT LEGISLATION
The Contractor agrees to accept and hereby accepts, full and exclusive liability for the
payment of any and all contributions or taxes for unemployment insurance or old age retirement
benefits, pensions or annuities now or hereafter imposed by the Government of the United States or
of any State thereof, which are measured by the wages, salaries, or other remuneration paid to
persons employed by the Contractor on the Work, and further
agrees to comply with all administrative regulations respecting the assumption of liability for the
aforesaid contributions, and further agrees to reimburse the Railway Company for any of the
aforesaid taxes or contributions, which, by law, the Railroad may be required to pay.
8. SALES AND USE TAXES
Unless otherwise provided in the Special Specifications, the Contractor shall be responsible
for and pay all sales and use taxes properly assessed under all laws in effect at the time contract
is awarded, against any materials, tools, supplies, services and equipment furnished directly by
the contractor and used in the carrying out of the Work.
9. CONTRACTORS UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself
as to the nature and location of the Work, the character, quality and quantity of the materials to
be encountered, the character of equipment, facilities, and special protection of building contents
or functions needed preliminary to and during the prosecution of the Work, the general and local
conditions, and all other matters which can in any way affect the Work. No oral agreement or
conversation with any officer, agent, or employee of the Engineer, Owner or Railway Company, either
before or after the execution of this contract shall affect or modify any of the terms or
obligations herein contained.
10. USE OF COMPANY’S LAND
Owner shall provide the land upon which the Work under this contract is to be done, and will,
so far as it can conveniently do so, permit the Contractor to use so much of its land as is
required for the erection of temporary construction facilities and storage of materials, together
with the right of access to same, but beyond this, the Contractor shall provide, at his cost and
expense, any additional and required.
11. USE OF ADJOINING PROPERTY
Before entering upon or making use of any private property adjoining the work, the Contractor,
at his expense, shall obtain and file with the Owner, the written permission of the Owner of such
property, and subsequent to vacation of premises, shall furnish the Owner a properly executed
release of both Owner, railroad and Contractor from all damages.
12. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof without the written consent
of the Owner. Such consent shall not release or relieve the Contractor from any of his obligations
and liabilities under the contract.
13. SUBCONTRACTORS
The Contractor shall submit for written approval a list of Subcontractors showing the work
assigned to each, and no subcontract for any part of the Work shall be awarded to any party not
acceptable to the Owner and approved by him in writing. Such approvals shall not release or
relieve the Contractor from any of his obligations and liabilities under this contract. Upon
written request of the Owner, the Contractor shall terminate the employment on this Work of any
Subcontractor who shall, in the opinion of Owner, fail to perform the work undertaken by him in a
satisfactory manner and appropriate provisions to this effect shall be incorporated in all
subcontracts. The provisions of this contract shall be incorporated, by reference, in all
subcontracts and if so required by the Engineer, the Contractor shall furnish to the Engineer
written statement, properly endorsed by the Subcontractor in question, that this has been done,
before any Subcontractor shall begin work.
14. CONTRACTOR’S RISKS
The work covered by this contract shall be at the risk of the Contractor in every respect, and
he shall be responsible therefore until it is completed and accepted by the Owner and the Owner.
This responsibility shall include, but not be limited to, damage to and loss of any material
furnished and delivered by the Contractor, Owner or railroad.
15. WAIVER
It is expressly understood and agreed that any waiver on the part of Owner, of any term,
provision or covenant of this contract, shall not constitute a precedent, not bind Owner, to a
waiver of any succeeding breach of the same or any other of the terms, provisions or covenants of
this contract.
16. PERMITS
Unless otherwise provided in the Special Specifications, the Contractor shall procure at his
own expense, and in due time, all permits and licenses, of any description, necessary for the
construction and completion of the Work. The Contractor shall deliver to the Owner and Engineer
all certificates of inspection for any part of the Work for which a certificate may be required.
17. INDEMNITY
The Contractor shall indemnify and save harmless Owner and railroad from and against all
losses and all claims, demands, payments, suits, actions, recoveries, legal expenses, (including
any attorney’s fees incurred by Owner and railroad), and judgments of every nature and description
made, brought or recovered against it, by reason of or caused, in whole or in part, by any act or
omission of the said Contractor, his agents or employees in the execution of the work or in
guarding the same.
18. Lien Waivers
The Contractor, shall deliver to Owner satisfactory lien waivers for material uses on this
contract before payment is made.
19. INSURANCE
The Contractor, at its own cost and expense, shall procure prior to commencement of any work
under this Agreement and shall maintain in full force and effect until all work has been completed
and accepted, insurance in such form and issued by such insurance companies as shall be
satisfactory to railroad and Owner.
| (a) | Workmen’s Compensation Insurance which fully meets the requirements of any
Workmen’s Compensation Law in force at the place where the Work is to be performed
covering all employees of said Contractor or of any subcontractor employed to perform
Work under this contract. The workers Compensation and Employers Liability shall
cover contractor or any subcontractor employed to perform work on this contract. The
certificate must contain a specific waiver of the insurance company’s subrogation
rights against the railroad, Owner and Engineer. |
||
| (b) | Public Liability Insurance providing for a limit of not less than 1,000,000
Dollars for all damages arising out of the bodily injuries to or death of one person,
and, subject to that limit for each person, a total limit of 2,000,000 Dollars for all
damages arising out of bodily injuries to or death of two or more persons, in any one
accident, and regular Contractor’s Property Damage Liability Insurance providing for a
limit of not less than 1,000,000 Dollars for all damages to or destruction of property
in any one accident, and subject to that limit, a total (or aggregate) limit of
2,000,000 Dollars for all damages to or destruction of property during the policy
period. |
Prior to commencement of any work under this agreement, Contractor shall furnish to Owner the
original of the Railroad Protective Liability Insurance policy specified in (c) above.
The Contractor shall also furnish to Engineer and Owner certificates of insurance as evidence
of compliance with (a) and (b) above. All such insurance shall provide that same shall not be
altered or cancelled without at least 30 days prior notice to Owner.
It is understood and agreed by the Contractor that the furnishing by it of the above insurance
and the acceptance of same by Owner is not intended to and shall not limit, affect or modify the
obligations of the Contractor under any provision of this agreement.
20. SUPERINTENDENCE
The Contractor shall give constant and efficient attention to the faithful and diligent
prosecution of the Work and during its progress shall be represented at all times at the site of
the Work by a competent superintendent acceptable to the Engineer.
21. ORDER AND DISCIPLINE
The Contractor shall at all times enforce strict discipline and good order among his
employees. The Contractor, insofar as his authority extends, shall not permit the sale,
distribution or use of any alcoholic beverages or intoxicating liquors upon or adjacent to the
Work.
22. NOTICE — HOW SERVED
Any notice to be given by Engineer or Owner to the Contractor under this contract shall be
deemed to be served if the same be delivered to the person in charge of the office used by the
Contractor, or to his representative at or near the Work, or deposited in the post office,
postpaid, addressed to the Contractor at his last known place of business.
23. SAFETY REQUIREMENTS
The Contractor shall furnish and maintain, at his own cost and expense and to the satisfaction
of the Engineer, all requisite watchmen, lights, barricades, safeguards, fences, temporary
waterproofing measures and other facilities for the protection of the Work and the safety of the
general public and of employees of Owner, railroad and Engineer, of any other railroad whose
tracks, facilities or operations will be affected by or are near the Work, and of the Contractor.
Precaution shall be exercised at all times for the protection of persons and property. The safety
provisions of applicable laws, building and construction codes shall be observed. Machinery and
equipment and other hazards shall be guarded in accordance with the safety provisions of the
Manual of Accident Prevention in Construction, published by the Associated General
Contractors of America, to the extent that such provisions are not inconsistent with applicable law
or regulation. Job briefings will be conducted prior to any work commencing. The job briefing
will cover all tasks to be accomplished that day and the associated risks involved. All job
briefings will be documented and signed by the job site xxxxxxx/superintendent. All personnel
shall have current Railroad Contractor Orientation Course.
24. POSITION AND ELEVATONS
The Contractor will layout all of the Work and shall make all measurements and elevation
determinations required for all work in this contract at his own expense.
25. PRESERVATION OF REFERENCE BENCH MARKS
The Contractor shall carefully preserve any existing benchmarks and reference points, and in
case of willful or careless destruction, he will be charged with the resulting
expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or
disturbance.
26. REPORT ERRORS AND DISCREPANCIES
Before starting the Work, the Contractor shall examine and compare the plans and
specifications and shall report to the Engineer any errors or discrepancies found therein. If the
Contractor, in the course of the Work, finds any discrepancy between the plans and the physical
conditions of the locality or any applicable building code or ordinance, or any errors or omissions
in plans or in the layout as given by said points and instructions, it shall be his duty to inform
the Engineer immediately, and the Engineer shall promptly verify the same. Any work done after
such discovery, until authorized by the Engineer, will be done at the Contractor’s risk.
27. AUTHORITY OF ENGINEER
The Engineer is authorized to reject or condemn all work or material, which does not conform
to this Agreement. If any tools or equipment are unsafe, defective or inadequate for carrying out
the Work, the Engineer may require the removal of such equipment and Contractor shall, without
delay, substitute satisfactory equipment therefore.
28. INSPECTION
All work and material shall be at all times open to the inspection, acceptance or rejection of
the Owner and Engineer or his authorized representative. The Contractor shall give the Owner and
Engineer reasonable notice of starting any new work and shall provide reasonable and necessary
facilities for inspection even to the extent of taking out portions of finished work; in case the
work is found satisfactory, the cost of removal and replacement shall be paid by Owner. No work
shall be done outside the agreed regular working hours without previous approval of the Engineer.
29. DEFECTIVE WORK OR MATERIAL
The Contractor shall remove, at his own expense, any work or material condemned by the
Engineer, and shall rebuild or replace the same without extra charge.
Any omissions or failure on the part of the Engineer to disapprove or reject any work or
material shall not be construed to be an acceptance of any defective work or material.
30. PATENTED DEVICES
In case the Contractor shall make use of or employ any patented devices or appliances either
for carrying on the Work or in connection with the materials supplied, whether the terms of the
specifications require such to be used or not, he shall satisfy all
claims or charges for lease, privilege or royalty, and shall, at his expense, defend Owner against
any and all claims or suits which may arise from any infringements of patent rights, and indemnify
and save harmless Owner against any judgment of recovery as a result thereof, and notwithstanding
any approval of such devices, appliances or materials under Sections 29 and 30 hereof.
31. PROTECTION OF RAILROAD SERVICES AND FACILITIES
The contractor shall use special care and vigilance to avoid damage to the trains, tracks, or
other facilities of Owner and railroad and shall conduct his work so as not to interfere with the
movement of trains or other operations of railroad. The Contractor shall not proceed with any work
which might endanger or interfere with the movement of trains, operations or other facilities until
protection satisfactory to the Engineer has been provided. If, in the opinion of the Engineer,
trains, tracks, or other facilities are or may become endangered by the operations of the
Contractor, he shall immediately do such work as may be ordered by the Engineer to restore safety
and, upon failure of the Contractor to carry out such order immediately, railroad may take whatever
steps are necessary to restore safe conditions. The cost and expense to railroad of restoring safe
conditions or of any damages to the trains, tracks or other facilities caused by the Contractor’s
operations shall be charged against the Contractor and paid by him or may be deducted from any
amounts due, or which become due him under this contract. The cost of furnishing watchmen,
flagmen, or other personnel required for the protection of the facilities or operations of railroad
or any other railroad shall be borne as provided for in the General Conditions.
Contractor is aware of the special requirements and duties placed on Contractor by this Section 32
and Contractor hereby expressly acknowledges its duty to perform the Work in such a manner so as to
allow the railroad’s continued uninterrupted use of and operations from the mainline tracks.
Contractor acknowledges that should railroad’s use or operations from the mainline tracks be
interrupted that railroad likely to experience substantial consequential and incidental damages as
well as direct damages associated with this interrupted use of and operations from the mainline
tracks and that Contractor all of railroad’s direct, consequential and incidental damages which
railroad suffers as a result of the Contractor’s failure to fulfill the provisions of this Section
32.
32. CHANGE OF FACILITIES OF OTHERS
If in the conduct of the Work any temporary changes or alterations in water, oil or gas
pipelines, sewers, drains, conduits, fences, electric line or power lines, telephone or telegraph
or other wires, poles, etc., of others are necessary, either for the convenience of the Contractor
or for the performance of the Work, the responsibility for making such changes will rest with the
Contractor unless otherwise provided elsewhere in this agreement; and he shall arrange for such
changes to be made at his own expense.
If such changes are of a permanent character and made necessary solely by the improvement
itself and not incident to the performance of the Work, then, in that case, such changes will be
arranged for by the Owner or others without cost to the Contractor.
33. RIGHTS OF VARIOUS INTERESTS
Wherever work being done by Owner or railroad forces or by other contractor is contiguous to
work covered by this contract, the respective rights of the various interests involved shall be
established by the Engineer, to secure the completion of the various portions of the project in
general harmony.
34. ORDER OF COMPLETION; USE OF COMPLETED PORTIONS
The Contractor shall complete any portion or portions of the work in such order of time as the
Engineer may require. Owner shall have the right to take possession of and use any completed or
partially completed portions of the Work, notwithstanding the time for completing the entire Work
or such portions thereof may not have expired; but such taking possession and use shall not be
deemed an acceptance of the Work so taken or used or any part thereof. If such prior use increases
the cost of or delays the Work, the Contractor shall be entitled to such extra compensation or
extension of time, or both, as the Engineer may determine.
35. CHANGES
Owner shall have the right to make any changes that may be hereafter determined upon, in the
nature or dimensions of the Work. If such changes appreciably affect the cost of the Work to the
Contractor, he shall, before proceeding with the Work, so notify the Owner in writing, and the
difference shall be equitably adjusted by the Owner.
If such changes so warrant, the Owner may, at his option, require an increase in the amount of
coverage afforded by the Bond and Insurance under Sections 18 and 19 hereof, but such changes in
the Work shall not affect the validity of such bonds or insurance and shall not serve to relieve or
release any surety of said bonds. Owner agrees to reimburse the Contractor for any reasonable
increase in Contractor’s Bond or Insurance premiums which result from any such ordered increase in
coverage.
36. EXTRA WORK
If, in the opinion of the Owner, any work should be done or material furnished which is not
included, contemplated or classified in this contract, the Contractor shall, upon written order of
the Owner, do such extra work or furnish such extra material. Buy agreement between the Contractor
and the Owner, such extra work or material may be paid for on a lump-sum basis or on the basis of
unit prices, or other method as agreed upon by the Owner and Contractor. No xxxx or claim for
extra work or material shall be allowed or paid unless done or furnished on written order from the
Owner.
Bills or claims for extra work shall be presented to the Owner at the time of making the
first monthly estimate after such work or material has been done or furnished, and such bills or claims
must be accompanied by a copy of the Owner’s order covering such work or material. Any such extra
work done or material furnished under the provisions of this paragraph shall be covered, governed
and controlled by all the terms and provisions of this contract, subject to such prices as may be
agreed upon or fixed by the Owner. The Contractor shall furnish the Owner reports in the number,
form and detail prescribed by the Owner of all extra work done or material furnished.
37. SUSPENSION OF WORK
Owner may at any time suspend the Work, or any part thereof, by giving not less than seven (7)
calendar days’ written notice to the Contractor, and if such suspension appreciably affects the
cost of the Work to the Contractor, the difference shall be equitably adjusted by the Owner. The
Contractor shall not suspend the Work, nor any part thereof, without written authority of the
Owner. The Work shall be resumed by the Contractor in seven (7) calendar days after written notice
from Owner to the Contractor to do so and the date fixed for completion shall be extended by a
period equal to the period of suspension. Owner shall not be held liable for any damages or loss
of anticipated profits on account of the Work being suspended, or for any work done during the
interval of suspension.
38. DELAYS IN PERFORMANCE
In the event that the Work to be performed by Contractor is delayed without Contractor’s fault
or for causes beyond Contractor’s control, Contractor, will, within seven calendar days after
commencement of any condition which is causing or may cause delay, notify Owner in writing of the
nature and causes of such delay. Should contractor fail to so notify Owner, Contractor shall be
deemed to have waived all rights Contractor may have for an extension in time in the performance of
Work. Contractor agrees that Contractor’s only remedy for delays which notice has been given as
provided above shall be for an extension of time by the number of days by which Contractor has been
delayed as determined in the sole and absolute discretion of the Owner, and that Contractor shall
not be entitled to any recovery for loss, expense or damage resulting from any such delay.
39. ANNULMENT WITHOUT FAULT OF CONTRACTOR
Owner shall have the right at any time, for reasons which appear good to it, to annul this
contract upon giving written notice to the Contractor, in which event the Contractor shall be
entitled to the full amount of the estimate for the work done by him under this contract up to the
time of such annulment, including the retained percentage. The Contractor shall be reimbursed by
Owner for such expenditures as in the judgment of the Owner are not otherwise compensated for, and
as are required in preparing for and moving to and from the Work; the intent being that an
equitable settlement shall be made with the Contractor.
40. REMOVAL OF EQUIPMENT
Upon completion of the Work, or in case of annulment of this contract before completion for
any cause whatever, the Contractor, if notified to do so by Owner, shall promptly remove any part
or all of his equipment, materials, tools and supplies from the property of Owner, failing which
Owner shall have the right to move such equipment, material, tools and supplies at the expense of
Contractor.
41. CHARGES AGAINST CONTRACTOR
Owner shall have the right to apply any sums due or to become due to the Contractor under this
contract in payment of any liabilities of the Contractor, or of any Subcontractor, to railroad for
freight charges, rental of equipment, furnishing labor, materials or supplies, or for any other
charges originating from this contract.
42. WITHHOLDING OF PAYMENT
If the Contractor fails to meet and pay all of his just obligations outstanding for labor,
materials or supplies at the time when an estimate for payment is due him, or if any liens, claims
or demands arising out of or in connection with the Work or its performance shall be outstanding at
the time any payment may be due or is likely to be made thereafter, or if any claims arising out of
or in connection with the Contractor’s operations under this contract are made against Owner by any
other person than the Contractor, or, if in the opinion of the Owner, the Contractor is not
proceeding with the Work in accordance with the provisions of this contract, Owner shall have the
right to withhold out of any payments, final or otherwise, such sums as the Owner may deem ample to
protect it against delay or loss or to assure the payment of just claims of third persons, and at
its option, as agent for the Contractor, to apply such sums in such manner as the Owner may deem
proper to secure such protection or to satisfy such claims. Such application shall be deemed
payments for the Contractor’s account. The Owner may withhold payment to the Contractor on account
of the failure of the Contractor to fully comply with any requirements of this contract.
43. QUANTITIES
Means of measurement and payment are outlined in the drawings and specification. All prices
listed in the contract shall constitute full payment for all labor, tools, materials, equipment and
other incidentals necessary to complete the work. Any adjustments in quantities must be handled as
a change in accordance with paragraph 36 of this agreement.
44. MONTHLY ESTIMATE
A monthly pay estimate will be prepared using the bid tabs from the bid proposal. All the
quantities will be measured and agreed upon by the field representatives for the Contractor and the
Owner. The initial pay estimate will be prepared on an agreed upon date after mobilization and
every 30 days thereafter, until completion of the project.
45. CLEANING UP
The Contractor shall, as directed by the Owner, remove from Owner’s property and from all
public and private property, at his own expense, all temporary structures, rubbish and waste
materials resulting from his operations. Floors and sidewalls or loading docks of structures shall
be left broom clean. Prior to final acceptance, all work done by the Contractor shall be cleaned
up and the premises occupied by the work left in a neat and orderly condition satisfactory to the
Owner.
46. DAILY REPORTS AND ACCOUNTING INFORMATION
If required by the Owner, the Contractor shall furnish a daily statement of labor and
equipment, distribution as to each item of work performed, showing hours worked and rates for the
various classes of labor. At the completion of the Work, the Contractor shall furnish to the
Owner, a complete list of unit quantities, unit costs and such other information as may be required
by Owner to comply with the accounting requirements of the Interstate Commerce Commission.
Contractor shall furnish Owner “as built” drawings of the Work.
47. ACCEPTANCE
The work shall be inspected for acceptance by the Railway Company promptly upon receipt of
written notice that the Word is ready for inspection.
48. FINAL ESTIMATE
Upon the completion and acceptance of the Work, the Owner will make a final determination of
the value of the Work completed to his satisfaction and shall determine the Final Payment due the
Contractor. The amount so determined shall be paid to the contractor as soon thereafter as
practicable, provided, however, before such final payment shall be made, the Contractor shall
furnish, if requested by the Owner, satisfactory evidence that all payrolls, bills for material and
other indebtedness in connection with the Work have been paid and that all liens, claims or suits
for labor performed or material furnished in connection with the Work covered by this contract have
been made. The Contractor expressly agrees to reimburse Owner for any amounts that the latter may
be compelled to pay in satisfying such actions, including attorney’s fees incurred by the Owner in
satisfying such claims or actions.
49. RELEASE
The Contractor at final payment will execute, acknowledge and deliver to Owner under his hand
and seal a valid discharge from all claims and demands growing out of or connected with this
contract.
THIS AGREEMENT shall inure to the benefit of and be binding upon the legal representatives and
successors of the parties respectively.
IN WITNESS WHEREOF, The said Contractor and Owner, have executed this agreement as of the day
and year first above written.
| Homeland Energy Solutions |
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| By: | /s/ Xxxxxx X. Xxxxxxx | |||
| Xxxxx Xxxxxxx | ||||
| President CEO | ||||
| R&R Contracting |
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| By: | /s/ Xxxxx Xxxx | |||
| Xxxxx Xxxx | ||||
| Vice President and Chief Financial Officer | ||||
