*THE PORTIONS OF THIS EXHIBIT WHICH ARE MARKED WITH AN ASTERISK HAVE BEEN
OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
EXHIBIT 10.32
ENGINEERING
SERVICES AGREEMENT
PROJECT: 110 MGY Ethanol Production Facility
Council Bluffs, Iowa
THIS AGREEMENT is made effective the 17th day of November, 2006 by and between
Southwest Iowa Renewable Energy, LLC, ("SIRE" or "Owner") and HGM Associates,
Inc, ("Engineer").
BACKGROUND
SIRE contracted separately with ICM, Inc., a Kansas corporation, to design and
construct a 110 MGY dry mill fuel-grade ethanol plant to be located in or near
Council Bluffs, Iowa ("Design-Build Agreement"). The Design-Build Agreement
requires SIRE to design and construct certain aspects of the completed project,
a summary of the responsibilities and scope of work between ICM and SIRE is
attached as Exhibit A. SIRE selected and Engineer agreed to provide professional
engineering services in the development, design, and construction of certain
components of the ethanol plant.
AGREEMENT
SIRE and Engineer agree as follows:
1. ENGINEER'S SERVICES
SIRE agrees to employ Engineer and Engineer agrees to provide professional
design services for the development, design, and construction of the ethanol
plant, all as more particularly described and set forth in Exhibit B ("Scope of
Services").
2. STANDARD OF CARE
Engineer shall perform the services required by this Agreement in a manner
consistent with that degree of care and skill ordinarily exercised by members of
the same profession currently practicing under similar circumstances.
3. COOPERATION WITH ICM
Engineer agrees to coordinate its services with ICM and all other consultants or
contractors retained by SIRE. Engineer shall not be responsible for the acts or
omissions of the Owner, ICM, the Owner's other consultants, any contractor or
subcontractor performing work on the Project, or any agents or employees of any
of the foregoing.
4. BID PACKAGES
The Owner anticipates that the Project will be constructed in multiple bid
packages. Engineer agrees to perform its services to allow for the preparation
of multiple bid packages.
5. TIME OF COMMENCEMENT AND PERIOD OF SERVICE
Engineer's services under this Agreement shall begin immediately upon execution
of this Agreement. Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care
and the orderly progress of the Project. Unless this agreement is terminated,
Engineer shall provide services until the Project is completed.
6. COMPENSATION
a. Fee. SIRE agrees to pay Engineer for the services performed pursuant
to paragraph 1 (exclusive of reimbursable expenses), the amount set
forth in Exhibit B - Scope of Services.
b. Reimbursable Expenses. In addition, SIRE agrees to pay Engineer direct
non-salary expenses (reimbursable expenses), which include travel
expenses (airfare, hotels, meals, etc. for travel outside of the
Council Bluffs area); reproduction costs and computer plots; postage,
express mail, courier services, and handling of drawings, renderings,
artwork, models, photography, and other deliverables; and
long-distance telephone calls and facsimile. Reimbursables shall be
billed at 1.0 times actual cost. Reimbursable expenses shall not
include the expense of computer-aided design, electronic file
distribution, and drafting equipment. The estimated budget for
reimbursable expenses is $1,300.
c. Previous Payments. All fees paid to Engineer before the execution of
this Agreement shall be applied to and credited against the fees set
forth in paragraph 6.a above.
7. PAYMENT
SIRE agrees to make monthly payments to Engineer based on the percentage
completion of each phase of the services.
Engineer shall, on or about the tenth day of each month, submit to SIRE an
itemized statement of the preceding month's services with all information
necessary to substantiate payment including a detailed description of the work
performed, a list of all professionals who devoted time to the work, and a
description of the percentage complete of each phase of the work. Engineer's
statement shall designate the balance remaining in the fixed compensation amount
per phase. Where a limit of hours or person-days included in the guaranteed
maximum fee has been established for a specific service, Engineer's statement
shall designate the hours or person-days included in the billed/invoiced fees
and the remaining hours or person-days to be billed. Engineer shall also submit
supporting documentation for any reimbursable expenses. SIRE agrees to make
payment within thirty (30) days of the timely receipt of an invoice and
necessary information. Interest charges for late payment shall be applied at the
rate of 12% per year for all unpaid balances due over 45 days.
8. ADDITIONAL SERVICES
SIRE reserves the right to authorize Engineer to perform services in addition to
those services listed in paragraph 1 and Exhibit B. Such additional services
shall be performed only if authorized by SIRE in writing. In such event SIRE
shall pay to Engineer compensation based on Engineer's normal hourly rates for
time actually and necessarily devoted to services rendered in completing the
additional services or shall negotiate an agreed upon fixed amount or guaranteed
maximum amount to perform such additional services. Engineer's rate schedule is
attached as Exhibit C.
9. INDEPENDENT CONTRACTOR
Engineer shall be an independent contractor with respect to performance of their
work. Neither Engineer nor its employees shall be deemed to be a servant,
employee, partner, or joint venturer of SIRE. Engineer shall be solely
responsible for, and shall have control over, the means and details of
performing the
2
services required by this Agreement. Engineer is solely responsible for payment
of wages, salaries, fringe benefits, and other compensation to Engineer's
employees. Engineer will indemnify, hold harmless and defend SIRE and its
employees, and agents, without limitation and including attorneys' fees,
relating to payment of taxes and benefits and any failure of Engineer to comply
with workers' compensation laws.
10. OWNERSHIP AND USE OF DOCUMENTS
Engineer shall own all reports, plans, specifications, field data, field notes,
laboratory test data, calculations, estimates, and other documents prepared by
Engineer ("Instruments of Service") pursuant to this Agreement. Engineer shall
retain these records for a period of ten (10) years, during which period, they
will be made available to SIRE at all reasonable times. Engineer shall provide
SIRE a copy of the Instruments of Service for information and reference in
connection with the Project. SIRE is permitted to use the Instruments of Service
for construction of the Project and for any other purpose in connection with the
Project, including without limitation, the completion of additions,
modifications, maintenance, repairs, renovations, or alterations to the Project.
Such Instruments of Service are not intended or represented to be suitable for
reuse by SIRE or others on other projects. Any such reuse will be at SIRE's sole
risk and without liability or legal exposure to Engineer or Engineer's
subconsultants. If Engineer is in default under this Agreement, the Instruments
of Service may be used by SIRE for completion of the work by others, upon
payment of such sums as required under paragraph 16, below.
11. CADD/ELECTRONIC FILES
In accepting and using any drawings, reports and data or any form of electronic
media generated by Engineer, SIRE agrees that all such electronic files are
Instruments of Service. SIRE agrees to waive all claims against Engineer
resulting in any way from any unauthorized changes to, or reuse of, the
electronic files for any projects by anyone other than Engineer. In the event of
a conflict between printed hard copy documents signed and sealed by Engineer and
electronic files, the hard copy documents shall govern.
12. PLAN REVISIONS
If, after any plans or specifications are completed on any portion of the
Project and are approved by SIRE and other necessary agencies, Engineer is
required to change such plans and specifications because of changes made or
ordered by SIRE, then Engineer shall receive additional compensation for such
changes. Fees for these changes will be computed on an hourly basis in
accordance with the rate schedule attached as Exhibit C. SIRE's review and
approval of any plans, specifications, or other documents shall be for general
compliance with the Project and not a professional review. SIRE's review and
approval of any plans, specifications, or other documents shall not limit or
restrict Engineer's responsibility for its work.
13. PERSONNEL
a. All of the services required in this Agreement will be performed by
Engineer or under its supervision and all personnel engaged in the
work shall be fully qualified and shall be licensed, authorized, or
permitted under State and Local law to perform such services. Engineer
further represents that Engineer is duly authorized, licensed, or
certified to provide professional engineering and/or land surveying
services under Iowa law.
b. None of the work or services covered by this Agreement shall be
subcontracted without the prior written approval of SIRE. Any work or
services subcontracted shall be specified by written contract or
Agreement and shall be subject to each provision of this Agreement.
3
c. The Engineer's Authorized Representative for the Project is Xxxxx X.
Xxxxx, PE or a successor to be designated in writing, subject to the
Owner's prior written approval.
d. The following firms are approved as consultants to Engineer:
(1) N/A.
14. PROPRIETARY INFORMATION
This Agreement creates a confidential relationship between Engineer and SIRE.
Engineer acknowledges that while performing this Agreement it will have access
to confidential information, including but not limited to services or planned
services, suppliers, data, financial information, processes, methods, designs,
knowledge, ideas, marketing promotions, current or planned activities, and other
information relating to the design, development, construction, and operation of
the ethanol production facility, including information received from or prepared
by ICM ("Proprietary Information"). Except as authorized in writing by SIRE,
Engineer agrees to keep all Proprietary Information confidential. Engineer may
only make copies of Proprietary Information necessary for performing Engineer's
services. Upon cessation of services, termination or expiration of this
Agreement, or upon SIRE's request, whichever is earlier, Engineer will return to
SIRE all such information and all documents, data and other materials in
Engineer's control that contain or relate to such Proprietary Information.
15. INFORMATION FURNISHED BY CLIENT
SIRE shall be responsible for and Engineer may rely upon the accuracy and
completeness of all requirements, programs, instructions, reports, data and
other information furnished by SIRE to Engineer pursuant to this Agreement.
Subject to the confidentiality requirements of paragraph 14 above, Engineer may
use such requirements, programs, instructions, reports, data and information in
performing or furnishing services under this Agreement.
16. TERMINATION OF CONTRACT
a. Termination of Contract for Cause
If, through any cause, either party shall fail to fulfill in a timely
and proper manner its obligations under this Agreement, or if either
party shall violate any of the covenants, agreements, or stipulations
of this Agreement, the other party shall have the right to terminate
this Agreement by giving written notice of such termination and
specifying the effective termination date, at least fourteen (14) days
before the effective date of such termination. SIRE's failure to make
payments to Engineer in accordance with this agreement shall be
considered substantial nonperformance and cause for termination or, at
Engineer's option, cause of suspension of services. In the event of
suspension of services, Engineer shall have no liability to the Owner
for delay or damage caused the Owner because of such suspension of
services. Engineer shall not terminate or suspend its services as a
result of a good faith dispute of payment. If this Agreement is
terminated during the progress of work, Engineer shall be paid for
services rendered up to the termination date, and shall be entitled to
no other compensation.
b. Termination for Convenience of SIRE
SIRE may terminate this Agreement at any time, for any reason without
cause, by giving at least thirty (30) days notice in writing to
Engineer. If the Agreement is terminated by SIRE, Engineer
4
shall be paid for services rendered up to the termination date, and
shall not be entitled to any consequential, loss of profits, or other
damages.
c. In the event this Agreement is terminated, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by Engineer, under this Agreement shall be
delivered to SIRE. However, SIRE understands that Engineer cannot be
responsible for the accuracy, completeness or workability of such
documents prepared by Engineer if used, changed or completed by
another party. Any such reuse will be at SIRE's sole risk and without
liability or legal exposure to Engineer or Engineer's subconsultants.
17. INDEMNIFICATION
To the fullest extent allowed by law, Engineer shall indemnify, hold
harmless and defend SIRE and its officers, directors, agents,
employees, successors, affiliated and permitted assignees, from and
against all losses, claims, liabilities, injuries, damages, including
reasonable attorney's fees, made by third parties arising out of or in
connection with (i) Engineer's errors, omissions, willful or negligent
acts; (ii) violation of applicable laws; or (iii) any breach of this
Agreement.
18. LIMITATION OF LIABILITY
SIRE agrees to limit Engineer's liability to SIRE on the project due to
Engineer's negligent professional acts, errors or omissions, such that the total
aggregate liability of Engineer shall not exceed the greater of the Engineer's
total fee or $250,000. Provided, however, that this limitation shall not apply
to limit or restrict available insurance nor shall it apply to Engineer's
indemnification obligation set forth in paragraph 17.
19. CONSTRUCTION STAKING
The fees Engineer receives for construction staking are not commensurate with
the potential risk. SIRE, therefore, agrees to require contractors to check the
location of all construction stakes place by Engineer. SIRE further agrees to
limit liability of Engineer for construction staking services such that the
total liability of the Engineer shall not exceed the Engineer's fees for the
particular service or $50,000, which ever is greater. Provided, however, that
this limitation shall not apply to limit or restrict available insurance nor
shall it apply to Engineer's indemnification obligation set forth in paragraph
17.
20. OPINION OF PROBABLE CONSTRUCTION COST
Opinions of probable construction costs and detailed cost estimates prepared by
the Engineer represent his/her best judgment as a design professional familiar
with the construction industry. It is recognized, however, that the Engineer has
no control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices or over competitive bidding or market
conditions. Accordingly, Engineer makes no warranty, express or implied, that
the bids or the negotiated cost of the work will not vary form Engineer's
opinion of probable construction costs.
21. CONTRACTOR'S WORK
Engineer shall not be responsible for contractor's means, methods, techniques,
sequences or procedures of construction, or the safety precautions an programs
incident thereto and the Engineer shall not be responsible for the contractor's
failure to perform the work in accordance with the Contract Documents.
5
22. JOBSITE SAFETY
The contractor shall be solely responsible for jobsite safety.
23. HAZARDOUS MATERIALS
SIRE agrees that Engineer's scope of services does not include any services
related to the presence of any asbestos, fungi, bacteria, mold or hazardous or
toxic materials. Should it become known to Engineer that such materials may be
present on or adjacent to the jobsite, Engineer may, without liability for any
damages, suspend performance under this agreement, until SIRE takes appropriate
action to remove or xxxxx such materials. SIRE further agrees, notwithstanding
any other provision of this Agreement, to the fullest extent permitted by laws,
to indemnify and hold harmless Engineer, its officers, partners, employees and
subconsultants (collectively Engineer) from and against any and all claims,
suits, demands, liabilities, losses, damages or costs, including reasonable
attorney' fees and defense costs arising out of or in any way connected with the
detection, presence, handling, removal, abatement, or disposal of any asbestos,
fungi, bacteria, mold hazardous or toxic substances, or products or materials
that exist on, about or adjacent to the project site, whether liability arises
under breach of contract or warranty, tort, including negligence, strict
liability or statutory liability or any other cause of action, except for the
negligence or willful misconduct of Engineer.
24. INSURANCE
Engineer shall furnish and maintain during the term of this Agreement adequate
insurance with the following minimum limits of liability: General Liability -
$1,000,000 each occurrence, $1,000,00 annual general aggregate, Auto -
$1,000,000, Workers' Compensation - statutory limits, and Professional Liability
(errors and omissions) - $2,000,000 each claim, $2,000,000 annual aggregate;
Umbrella (excess) Liability Insurance, $1,000,000 per occurrence, $1,000,000
annual aggregate. Upon request, Engineer shall provide SIRE proof of such
insurance with certificates showing type, amount, class of operations covered,
effective dates, and dates of expiration.
25. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve through negotiation any
dispute, claim, or controversy arising out of or relating to this Agreement. If
the dispute is not resolved by these negotiations, the dispute will be submitted
to mediation. Except as provided herein, no civil action or arbitration, with
respect to any dispute, claim, or controversy arising out of or relating to this
Agreement may be commenced until the dispute has been submitted to mediation.
Any party may commence mediation by providing the other parties a written
request for mediation, setting forth the subject of the dispute and the relief
requested. The parties will cooperate with one another in selecting a mediator
and in scheduling the mediation proceedings. The parties agree that they will
participate in the mediation in good faith and will share equally in the cost of
the mediation.
26. SUCCESSORS AND ASSIGNMENTS
a. SIRE and Engineer are bound and the partners, successors, executors,
administrators and legal representatives of SIRE and Engineer are
bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and
assigns) of such other party, in respect of all covenants, agreements
and obligations in this Agreement.
6
b. Engineer shall assign, sublet or transfer any rights under or interest
in (including, but without limitations, monies that may become due or
monies that are due) this Agreement without the written consent of the
other, except to the extent that any assignment, subletting or
transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the
Agreement. Nothing contained in this paragraph shall prevent Engineer
from employing such independent associates and consultants, as
Engineer may deem appropriate to assist in the performance of
services.
27. COMPLETE AGREEMENT
This Agreement constitutes the entire Agreement between SIRE and Engineer and
supersedes all prior written or oral understandings. This Agreement may only be
amended, supplemented, modified or canceled by a duly executed written
instrument.
28. GOVERNING LAW
This Agreement shall be governed by and construed according to the Iowa law. Any
lawsuit seeking to enforce the terms of this Agreement or for breach of this
Agreement shall be filed only in a court of competent jurisdiction located in
Iowa.
This Agreement is entered into as of the day and year first written above.
OWNER: ENGINEER:
SOUTHWEST IOWA RENEWABLE HGM ASSOCIATES INC.
ENERGY, LLC
By: /s/ Xxxxx Xxxx By: /s/ Xxxxxx X. Xxxxxxx
------------------ ---------------------
Name: Xxxxx Xxxx Name: Xxxxxx X. Xxxxxxx
Title: Chairman Title: Vice President
Date: 11/27/06 Date: 11/29/06
7
*PORTIONS OF THIS EXHIBIT A TO THE ENGINEERING SERVICES AGREEMENT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMISSION
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV 0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Outside battery limits
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Rough Grading The site including any storm water run-off
retention system, will be rough graded to allow
Southwest Southwest Southwest Southwest final design site elevation plus or minus 2" and
Iowa Iowa Iowa Iowa to be performed by Southwest Iowa Renewable,
Renewable Renewable Renewable Renewable LLC (Southwest Iowa Renewable).
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Finish Grading The site will be finish graded to accommodate
surface drainage as required for ICM's design
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx xxx Xxxxxxxxx Xxxx Renewable's design. All
Iowa Iowa Iowa Iowa seeding and landscaping to be provided and
Renewable Renewable Renewable Renewable installed by Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Erosion Control ICM will maintain dust control during
construction for its construction, lay down and
office/parking areas.
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxx Renewable will maintain
Iowa Iowa Iowa Iowa overall erosion control throughout the
Renewable Renewable Renewable Renewable project.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Roads Southwest Iowa Renewable will design roads and
install a minimum of 12" of base rock for
access roads with temsar geogrid and interior plant
access roads and drives acceptable to ICM,
within 6" of any planned hard surface top
elevation, before the plant project
contruction begins. ICM will use these
roads for access during construction, will maintain
Southwest Southwest Southwest Southwest the roads through construction. Any required base above
Iowa Iowa Iowa Iowa this level and all final hard surfacing will
Renewable Renewable Renewable Renewable installed by Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Rail Southwest Iowa Renewable will provide all rail
ICM/Southwes Southwest Southwest Southwest design and construction. ICM will provide input
t Iowa Iowa Iowa Iowa as to the rail spacing required for the grain
Renewable Renewable Renewable Renewable unloading & ethanol loadout.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 1 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV 0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Water Supply ICM ICM will provide the flow rate and quality basis
for the process water to be routed to the battery
limits. Southwest Iowa Renewable will provide
and install all necessary xxxxx, waterlines,
and appurtenances necessary to supply the water
from its source to the firewater tank inlet
piping. Southwest Iowa Renewable will make
the necessary connection to the tank.
ICM will provide all water piping from
that point to the individual water usage
points within the battery
Southwest Southwest Southwest limits. Southwest Iowa Renewable will provide
Iowa Iowa Iowa potable and process water from its source to the
Renewable Renewable Renewable CO2 plant (if required) and the administration
building.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Natural Gas Supply ICM ICM will provide Southwest Iowa Renewable with
the natural gas usage requirements for sizing of
the natural gas supply. Southwest Iowa
Renewable is to install the natural gas supply
line routed to a location inside the
battery limits specified by ICM, in the general area
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx xx xxx XXX. Xxxxxxxxx Xxxx Renewable will install natural
Iowa Iowa Iowa gas line to any future CO2 plant (if required) and
Renewable Renewable Renewable the administration building.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Storm Drainage Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxx Renewable is to provide and
Iowa Iowa Iowa Iowa install storm drainage as part of rough grading
Renewable Renewable Renewable Renewable package.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 2 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV 0
EXHIBIT A- Segregation of Responsibilities and Scope of Work between SIRE and 1CM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Sanitary Sewer Southwest Iowa Renewable will install and route
the sanitary sewer to locations inside the
battery limits specified by ICM. Southwest Iowa
Renewable will run all on-site sanitary sewer
lines inside the battery limits to this ICM
Southwest Southwest Southwest Southwest specified location for tie in. Southwest Iowa Renewable
Iowa Iowa Iowa Iowa is responsible for the design and installation of
Renewable Renewable Renewable Renewable any Septic Systems and lift stations.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Process Sewer Waste water from the process (cooling tower
blowdown, softner discharge, RO Reject,
multimedia backwash) will be discharged from
the plant to the location specified in the
Southwest Southwest Southwest Southwest discharge permit, by Southwest Iowa Renewable All labor
Iowa Iowa Iowa Iowa and materials required to discharge these items
Renewable Renewable Renewable Renewable will be supplied and installed by Southwest Iowa
Renewable.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Interconnecting Piperacks ICM ICM ICM ICM ICM will design and construct interconnecting
pipe racks and piping within the battery
limits, including pipe racks to the ethanol
storage area, ethanol loading area, ethanol loadout flare,
the cooling tower and the process water tank. The
CO2 line and pipe racks from the scrubber to any
future CO2 plant, is to be provided by Southwest
Iowa Renewable.
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Southwest Iowa Renewable Energy Sheet 3 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV 0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Steam Supply ICM will specify the required pressure,
quality, flow rate and location for delivery of the
steam supply to a point inside the battery limits.
Southwest Iowa Renewable is responsible for
designing, providing, and installing all
equipment and piping required to deliver continuous steam
to the specified location. Xxxxxxxxx Xxxx
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Renewable is also responsible for designing,
Iowa Iowa Iowa Iowa providing, and installing all items required
Renewable Renewable Renewable Renewable for condensate return to MidAm.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Administration Building Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxx Renewable will be responsible
Iowa Iowa Iowa Iowa for the design and construction of the
Renewable Renewable Renewable Renewable administration building.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Inside battery limits
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Rough Grading The site inside of the battery limits,
including drainage to any storm run-off
retention system, will be rough graded
prior to any plant project construction
to allow for final design elevation to be performed
by Southwest Iowa Renewable. Southwest Iowa
Renewable shall be responsible for all site grading
to meet the allowable soil bearing pressures and acceptable
minimum settlement requirements as specified
by the Engineer All rough grading and
compaction shall be inspected by a licensed
professional geotechnical firm and all test
Southwest Southwest Southwest Southwest results shall be forwarded to ICM immediately upon
Iowa Iowa Iowa Iowa completion. All testing procedures are to be pre-
Renewable Renewable Renewable Renewable approved by ICM, at it's sole discretion.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 4 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Finish Grading Southwest Iowa Renewable will design and
perform finish grading to slope the grade within
the battery limits to a storm water drainage
system to be provided and installed by Southwest
Iowa Renewable. All final grading outside the
battery limits will be designed and performed by
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxx Renewable. All seeding and
Iowa Iowa Iowa Iowa landscaping will be provided and installed by
Renewable Renewable Renewable Renewable Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Roads Southwest Iowa Renewable will design roads and drives and
install a minimum of 12" of base rock with Tensar geo
grid as part of the rough grade before construction
begins. ICM will maintain the roads inside the
battery limits and Southwest Iowa Renewable's
access road during construction and restore the
Southwest Southwest Southwest Southwest base to within 2" of previous grade. All required base
Iowa Iowa Iowa Iowa above this level and all final hard surfacing
Renewable Renewable Renewable Renewable will be installed by Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Laydown Area Southwest Iowa Renewable is responsible for all
laydown/trailer areas required for ICM's
construction with 6" base rock as specified by
ICM. ICM will maintain the laydown areas during
Southwest Southwest Southwest Southwest construction. Southwest Iowa Renewable is
Iowa Iowa Iowa Iowa responsible for removal of rock base after
Renewable Renewable Renewable Renewable construction is completed.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 5 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Temporary Facilities ICM will maintain the layout area for office
trailers, parking and equipment storage/laydown
through construction. ICM and/or its
Southwest Southwest Southwest Southwest subcontractors will furnish all ICM required
Iowa Iowa Iowa Iowa office trailers through the construction process.
Renewable & Renewable & Renewable & Renewable & Southwest Iowa Renewable will furnish all
ICM ICM ICM ICM temporary utilities required by ICM.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Natural Gas Supply ICM ICM will provide Southwest Iowa Renewable
with the natural gas usage requirements for
sizing of the natural gas supply for the
ethanol plant. Southwest Iowa Renewable
will furnish Natural gas service
supply to a location inside the battery
limits specified by ICM in the general area of
the regenerative thermal oxidizer. Southwest Iowa
Southwest Southwest Southwest Renewable will provide natural gas and the
Iowa Iowa Iowa required gas line from its header to any
Renewable Renewable Renewable future CO2 plant and the administration building.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Grain Receiving, Handling and Storage ICM will provide grain usage requirements.
Southwest Iowa Renewable is responsible for all
grain receiving, handling, and storage up to
the connection of the slurry blender feed screw. ICM
will provide the hammer xxxxx for installation
by Southwest Iowa Renewable. Southwest Iowa
Renewable will design and install the
Southwest Southwest Southwest Southwest electrical, controls, and instrumentation as
Iowa Iowa Iowa Iowa specified by ICM design basis for the grain
Renewable Renewable Renewable Renewable receiving, handling, and storage system.
S--------------------------------------------------------------------------------------------------------------------------------------------------------------
WDG Handling ICM ICM ICM ICM ICM will provide and install the WDG handling
system per ICM standard 110 MMGPY Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 6 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
DDG Handling ICM ICM ICM ICM ICM will provide and install the DDG handling
system per ICM standard 110 MMGPY Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Grain Milling ICM ICM is responsible for the specification and
ICM ICM ICM purchase of the Hammer Xxxxx for installation by
Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Plant & Instrument Air ICM ICM ICM ICM ICM is responsible for the compressors and
piping for all plant and instrument air required
for other elements of ICM's scope of work.
Southwest Iowa Renewable will be responsible
for any air requirements, including compressors,
dryers and piping for all other elements of the
work not covered in the ICM scope of work,
including any future CO2 plant.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Xxxx Section/Liquefaction ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of these
systems. Per standard ICM 110 MMGPY
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Fermentation Section ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of these
systems. Per standard ICM 110
MMGPY Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Distillation/Evaporation Sections ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of these
systems. Per standard ICM 110
MMGPY Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Liquid/Solid Separation Section ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of these
systems. Per standard ICM MMGPY
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Evaporation Section ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of these
systems. Per standard 110 Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 7 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A- Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Product Storage Section ICM ICM ICM ICM ICM is responsible for all elements of the
purchase, design and construction of this
systems, per standard ICM 110 MMGPY design.
Tanks will be provided with gravel foundations.
Cathodic protection is not included in base
contract price. All secondary containment design
and installation including any required
bentonite or synthetic liners, and
riprap are part of the rough grading
scope by Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Boiler/Steam Section Southwest Iowa Renewable Energy is
responsible for the design and installation of
the steam supply to the ethanol facility at ICM
specified pressure, temperature, and quality, to
ICM/Southwest Southwest Southwest Southwest an ICM specified location on site. All chemicals
Iowa Iowa Iowa Iowa required are the responsibility of Southwest
Renewable Renewable Renewable Renewable Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Process Building and Energy Center ICM ICM ICM ICM ICM will design and construct the process
building and energy center including all
associated interior equipment, piping,
foundations, miscellaneous mechanical
equipment, and electrical (ISBL). Five steam
tube dryers and two RTOs will be furnished.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Cooling Tower/Water Section ICM ICM ICM ICM 1CM is responsible for all elements of the
purchase, design and construction of this
system, Per standard ICM 110 MMGPY design.
Tower chemicals are the responsibility of
Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 8 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Electrical/Power Substation ICM Southwest Iowa Renewable is responsible for the
main electrical substation to be located within
500' of the process building, and metering of
electrical power. ICM is responsible for the main
switchgear and providing three (3) 600 amp
feeds. Southwest Iowa Renewable is also
Southwest Southwest Southwest responsible for any contracts with the
Iowa Iowa Iowa electrical utilities regarding power equipment
Renewable Renewable Renewable and/or usage
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Power Distribution ICM is responsible for the primary distribution
from the feed points at the main switchgear, and
for all cables, switchgear, and transformers to
provide power to the ethanol plant excluding any
CO2 recovery. The Power Distribution is not
included in the base contract price. ICM to
complete the work and the costs will be billed
back~to Southwest Iowa Renewable at cost plus
15%. ICM will provide a transformer for the
Admin. building and SIRE will be responsible for
the hook up to said transformer and for any
ICM/Southwes Southwest Southwest Southwest additional wiring required for the Admin.
Iowa Iowa Iowa Iowa building. Secondary voltage to Admin.
Renewable Renewable Renewable Renewable building will be 480 Vac.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Construction Power and utilities ICM Southwest Iowa Renewable will be solely
responsible for supplying and installing all
required utilities needed for construction. ICM
ill furnish specifications and locations of
needed utilities to include electrical power,
lighting, sewer, and natural gas. All utilities bills for
construction will be in Xxxxxxxxx Xxxx
Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Renewable's name and billed direct to Southwest
Iowa Iowa Iowa Iowa Renewable Temporary power will be
Renewable Renewable Renewable installed during rough grading.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
600 v equipment within battery limits ICM ICM ICM ICM ICM is responsible for the 600v equipment
including cables, switchgear, MCC, panel boards,
and transformers to provide electric power to
the plant areas within the battery limits.
The Admin building will be the responsibility of
Southwest Iowa Renewable and/or it's subcontractors from
the low side (600v) of the corresponding
transformer.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Instrumentation and controls ICM ICM ICM ICM ICM is responsible for the instrumentation and
controls within the battery limits including
the DCS system and hardware. All office computers
and networks are the responsibility of Southwest
Iowa Renewable
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Facility Communications Southwest Iowa Renewable will be responsible
for the facility communications including the
telephone system and broadband Internet
access. ICM will help coordinate quantity and
locations for installations within the battery
limits and any interface with plant equipment. Any
required security systems, cameras, wiring, or
monitors is the responsibility of Southwest Iowa
Southwest Southwest Southwest Southwest Renewable. Southwest Iowa Renewable must
Iowa Iowa Iowa Iowa provide a dedicated telephone service and
Renewable Renewable Renewable Renewable dedicated internet ISP at the server room in the
main Process Building.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 10 of 12
*THE PORTIONS OF THIS EXHIBIT WHICH ARE MARKED WITH AN ASTERISK HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY
WITH THE SECURITIES AND EXCHANGE COMMISSION.
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Fire Detection and Alarm Systems. Southwest Iowa Renewable is responsible for the
diesel fire water pump station and heat and
smoke detection in the MCC's per standard ICM
design. Iowa is responsible for the design
and installation of the Southwest fire water loop,
valves, hydrants, monitors, deluge requirements,
foam etc. required to meet the local fire marshal's
Southwest Southwest Southwest Southwest and ICM insurance requirements. This is not
Iowa Iowa Iowa Iowa included in ICM base contract price. Southwest Iowa
Renewable Renewable Renewable Renewable Renewable will contract with {CM to complete work
at cost plus *%.
*THE PORTIONS OF THIS EXHIBIT WHICH ARE MARKED
WITH AN ASTERISK HAVE BEEN OMITTED PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS
BEEN FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Water Treatment Southwest Iowa Renewable will provide and
install water treatment equipment or RO system
per standard ICM design. Any additional water
Southwest Southwest Southwest Southwest treatment equipment required will be designed
Iowa Iowa Iowa Iowa and installed by ICM at cost plus *% billable to
Renewable Renewable Renewable Renewable Southwest Iowa Renewable
*THE PORTIONS OF THIS EXHIBIT WHICH ARE MARKED
WITH AN ASTERISK HAVE BEEN OMITTED PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS
BEEN FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Chemical Injection Systems ICM ICM ICM IGM ICM is responsible for all elements of the design
and construction of these systems. Per standard
ICM 110 MMGPY design. Chemicals are the
responsibility of Southwest Iowa Renewable
--------------------------------------------------------------------------------------------------------------------------------------------------------------
CO2 Scrubber System ICM ICM ICM ICM ICM is responsible for the CO2 Scrubber. A tie-
in point for the discharge of the CO2 stream to
any future CO2 plant will be provided in the
general area of the scrubber. Exact location of
tie-in point to be specified by ICM. CO2 transfer
blower from scrubber to CO2 plant, knock out
condenser, controls, purge scrubber, and
associated piping is the responsibility of
Southwest Iowa Renewable.
--------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 11 of 12
Southwest Iowa Renewable Segregation of Responsibilities and Scope of Work
110 MMGPY
Date
06/09/06
REV
0
EXHIBIT A - Segregation of Responsibilities and Scope of Work between SIRE and ICM
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Description Design Basis Estimate Design Construction Comments
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions and discharge monitoring Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxxxxxxx Xxxx Renewable Is responsible for
equipment Iowa Iowa Iowa Iowa providing and installing all required emissions
Renewable Renewable Renewable Renewable and discharge monitoring equipment.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest Iowa Renewable Energy Sheet 12 of 12
SCOPE OF SERVICES EXHIBIT B
This is an exhibit attached to and made part of the engineering services
agreement dated November 27, 2006 between: SOUTHWEST IOWA RENEWABLE ENERGY, LLC
(CLIENT) and HGM ASSOCIATES INC. (CONSULTANT).
Project Description: 110 MGY Ethanol Production Facility, Council Bluffs, Iowa
HGM Project #11315
Engineering Agreement - Additional Services
The Basic Services to be provided by the CONSULTANT under this agreement are
further described as follows:
1. DESIGN ELEMENTS
A. Geotechnical Coordination
B. Site Grading - Additional Work
C. Roads
D. Utilities
o Well and water mains
o Natural Gas
o Sanitary Sewer
o Process Sewer Outfall
o Fire Loop
E. Substation Coordination
F. Landscape Plan
2. CONSTRUCTION ELEMENTS
A. Pre-construction conference
B. Construction staking
C. Construction administration
D. Full and part time resident project representative
E. Compaction and material testing coordination
F. Record drawings
G. Site coordination
3. ASSUMPTIONS
A. ICM will provide the design of the process including mechanical,
electrical, process equipment, buildings, foundations and
instrumentation.
B. ICM will provide all flow requirements for water, gas and sanitary
sewer.
C. ICM will provide for the design and installation of the electrical
within the site.
D. ICM will provide the locations of all underground and above ground
utilities, pipe bridge support information and size of the underground
utilities.
E. Work items will be competitively bid.
F. Owner will negotiate the agreements for utility service.
G. Water will be supplied by xxxxx located on the property. ICM will
provide for the design and construction of the water treatment system
for the process water.
H. Owner will pay the cost of the test well and pumping.
|
|
|
SCOPE OF SERVICES EXHIBIT B (continued)
I. Domestic sanitary sewage, approximately 500 gallons per day, will
be discharged directly to the County sewer main utilized by Bunge.
Evaluation of treatment options is not part of this scope.
J. A softener unit with disinfection will be installed for water
treatment.
K. ICM will provide for the design of electricity to the xxxxx, pump
station, water treatment system and wastewater treatment, if
applicable.
L. Gas will be provided by a local provider.
M. ICM will provide electronic drawings in compatible AutoCAD format.
N. Owner will pay for all permit fees.
4. GENERAL: The following items of work shall apply to all construction
contracts:
A. Work will be in accordance with the standard specifications for the
Iowa Department of Transportation, where applicable.
B. Bid documents will be sent to pre-selected contractors.
C. The bid openings will be held in the HGM Council Bluffs Office.
5. SITE GRADING
A. Revise grading plan to incorporate lay down areas and adjustments
by ICM.
B. Evaluate surfacing options for lay down areas.
C. Review options with Owner and 1CM.
D. Prepare change order for grading contract.
E. Finalize grading plans.
6. LANDSCAPE PLAN
A. Develop landscape options
B. Prepare landscape plan
C. Review plan with Owner
D. Submit plans to City for review
E. Finalize landscape plan
7. PLANT ROADS: Design
A. Meet with Owner and ICM to review paving requirements.
B. Prepare plans and specifications.
C. Review plans with Owner.
D. Finalize bid documents.
8. SITE UTILITIES: Water Xxxxx and Raw Water Main
A. Select well site and submit plan to IDNR.
B. Request a well site investigation and address questions as needed.
C. Select well site, solicit test well bids and receive well
information. (HGM is attempting to utilize the well that Xxxxxxxx is
using to qualify as a test well.)
D. Prepare water allocation application for Owner signature.
E. Prepare plans for the production xxxxx.
F. Receive connection point information for raw water main to fire
storage tank.
G. Select routing and prepare plan profile sheets.
H. Review plans with Owner and ICM.
|
|
|
SCOPE OF SERVICES EXHIBIT B (continued)
I. Provide pump electrical requirements to ICM.
J. Submit plans to IDNR with schedules for review.
K. Finalize bid documents.
9. WASTEWATER TREATMENT -- NOT INCLUDED
A. Evaluate wastewater treatment options.
B. Prepare facility plan.
C. Review facility plan with Owner.
D. Submit facility plant to IDNR for review.
E. Receive review comments and finalize facility plan.
F. Prepare plans and specifications for proposed improvements.
G. Review plans with owner and ICM.
H. Provide electrical requirements to ICM, if applicable.
I. Prepare operations permit application.
J. Submit plans to IDNR with schedules for review.
K. Finalize bid documents.
10. OUTFALL SEWER - Non-Contact Process Water
A. Receive discharge information from ICM including volume and water
quality.
B. Select route for outfall sewer and location for wet well.
C. Size force main, wet well and pumps.
D. Prepare discharge permit application.
E. Prepare plan/profile and detail sheets for the sewer.
F. Prepare plans for the wet well and pumps.
G. Prepare application to Corps of Engineers for levee crossing.
H. Provide pump electrical requirements to ICM.
I. Review plans with Owner and ICM.
J. Submit plans to IDNR with schedules for review.
K. Finalize bid documents.
11. DOMESTIC SANITARY SEWER COLLECTION
A. Receive connection locations for sanitary sewer from ICM.
B. Select routing for collection system.
C. Prepare plan/profile and detail sheets.
D. Review plans with Owner and ICM.
E. Submit plans to IDNR with schedules for review.
F. Finalize bid documents.
12. POTABLE WATER SYSTEM
A. Receive connection locations for potable water requirements from
ICM.
B. Collect water sample for analysis. Cost for analysis to be paid for
by 1CM.
C. Prepare recommendations for treatment.
D. Select site for water treatment.
E. Select routing for distribution system.
|
|
|
SCOPE OF SERVICES EXHIBIT B (continued)
F. Prepare plan/profile and detail sheets for water mains.
G. Review plans with Owner and ICM.
H. Prepare application for water operation permit.
I. Submit plans to IDNR with schedules for review.
J. Bidding.
13. FIRE MAIN
A. Receive insurance requirements and pump information from 1CM.
B. Select route for fire main.
C. Perform hydraulic analysis of system and size mains.
D. Prepare plan/profile and detail sheets for system.
E. Review plans with Owner and 1CM.
F. Submit plans for review to the State Fire Marshal.
G. Bidding.
14. NATURAL GAS
A. Receive load requirements from ICM.
B. Select routes.
C. Coordinate with gas supplier for connection
D. Prepare plan/profile and detail sheets for system.
E. Review plans with Owner and 1CM.
F. Bidding.
15. FEE SUMMARY
A. Geotechnical Coordination......................Hourly
B. Construction Staking...........................Hourly
C. Construction Administration....................Hourly
D. Plant Site Grading Revisions..................$10,000 Lump Sum
E. Plant Road Design..............................$9,300 Lump Sum
F. Water Well and Raw Water Main.................$16,600 Lump Sum
G. Outfall Sewer.................................$20,800 Lump Sum
H. Sanitary Sewer/ColIection/Lift Station....... $12,500 Lump Sum
I. Potable Water System...........................$8,300 Lump Sum
J. Fire Main......................................$6,400 Lump Sum
K. Landscape Plan.................................$4,500 Lump Sum
L. Natural Gas....................................$4,800 Lump Sum
|
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EXHIBIT C
|
|
|
RATE RANGE SCHEDULE
EFFECTIVE 10/01/05 - 12/15/06
Principal Engineer $ 144.00 - 175.00 /hour
Sr. Project Engineer/Project Manager 100.00 - 140.00 /hour
Sr. Project Architect/Project Manager 88.00 - 134.00 /hour
Structural Engineer 62.00 - 126.00 /hour
Project Engineer 75.00 - 103.00 /hour
Architect 60.00 - 88.00 /hour
Senior Design Engineer 72.00 - 95.00 /hour
Design Engineer 50.00 - 74.00 /hour
Land Surveyor 60.00 - 120.00 /hour
Engineering Technician 1 65.00 - 80.00 /hour
Engineering Technician 2 47.00 - 65.00 /hour
Engineering Technician 3 38.00 - 52.00 /hour
1-Man Survey Crew with GPS Unit * 128.00 /hour
2-Man Survey Crew * 98.00 - 175.00 /hour
2-Man Survey Crew with GPS Unit * 153.00 - 240.00 /hour
3-Man Survey Crew * 135.00 - 220.00 /hour
3-Man Survey Crew with GPS Unit * 190.00 - 280.00 /hour
Administrative Assistant 35.00 - 58.00 /hour
* Survey crews are comprised of surveyors or engineering technicians at hourly
rates specified and depending on project complexity, however, 2-man and 3-man
crew rates are guaranteed to not exceedcrew ranges specified.
|
|
|
This certifies that
CERTIFICATE OF INSURANCE
|X| STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
| | STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
| | STATE FARM FIRE AND CASUALTY COMPANY. Scarborough, Ontario
| | STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
| | STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder HGM ASSOCIATES INC
--------------------------------------------------------------------
Address of policyholder 000 0xx XXXXXX XX XXX 000 XXXXXXX XXXXXX, XXXX 00000
---------------------------------------------------------
Location of operations SAME
---------------------------------------------------------
Description of operations
------------------------------------------------------
The policies listed below have been issued to the policyholder for the policy
periods shown. The insurance described in these policies is subject to all the
terms, exclusions, and conditions of those policies. The limits of liability
shown may have been reduced by any paid claims.
-------------------------------------------------------------------------------------------------------------------------------
POLICY PERIOD
Effective Date; Expiration LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Date (at beginning of policy period)
-------------------------------------------------------------------------------------------------------------------------------
9 5-BF-7772-8 F Comprehensive Business 02-08-2006 02-08-2007 BODILY INJURY AND
Liability PROPERTY DAMAGE
This insurance includes: |X|Products - Completed Operations
|X|Contractual Liability Each Occurrence $1,000.000
|X|Personal Injury
|X|Advertising Injury General Aggregate $2,000,000
|X|PROPERTY DAMAGE LEGAL LIAB $300,000
|X|MEDICAL PAYMENTS $5, 000 Products - Completed $2,000,000
|X|VALUABLE PAPERS $280, 000 Operations Aggregate
-------------------------------------------------------------------------------------------------------------------------------
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date; Expiration (Combined Single Limit)
Date
---------------------------------
95-BB-4119-2 F Umbrella 02-08-2006 02-08-2007 Each Occurrence $ 6,000,000
Other Aggregate $ 6,000,000
-------------------------------------------------------------------------------------------------------------------------------
POLICY PERIOD Part I- Workers Compensation - Statutory
Effective Date; Expiration
Date
---------------------------------
95-M0-1716-4 F Workers' Compensation 02-08-2006 02-08-2007 Part II - Employers Liability
and Employers Liability Each Accident $ 500,000
Disease - Each Employee $ 500,000
Disease - Policy Limit $ 500,000
-------------------------------------------------------------------------------------------------------------------------------
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date; Expiration (at beginning of policy period)
Date
-------------------------------------------------------------------------------------------------------------------------------
F00 0251 XXX 15 AUTOMOBILE 02-08-2006 02-08-2007 1 MM SINGLE LIMIT
-------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER
AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY
ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
SOUTHWEST IOWA RENEWAL ENERGY
XX XXX 000
XXXXXXX,X0XX 00000-0000
------------------------------------------------------------
If any of the described policies are canceled before their
expiration date, State Farm will by to mail a written notice
to the certificate hoilder 30 days before cancellation. If
however, we fail to mail such notice, no obligation or
liability will be imposed on State Farm or its agents or
representatives.
/s/ Xxx Xxxxxxxx
---------------------------------------------------
Signature of Authorized Representative
Agent 07/06/2006
---------------------------------------------------
Title Date
Xxx Xxxxxxxxx
---------------------------------------------------
Agent Name
Telephone Number 000-000-0000
---------------------------------------------------
------------------------------------------------------------
------------------
Agent's Code Stamp
Agent Code 9643
AFO Code F182
------------------
