Exhibit 10.5.1
AMENDMENT
TO
ENGINEERING, PROCUREMENT
AND
CONSTRUCTION
SERVICES
FIXED PRICE
CONTRACT
LOCATION: AURORA,
NEBRASKA
THIS AMENDMENT (“Amendment”) is made and entered
into effective as of October 1, 2008 by and between Aventine
Renewable Energy - Aurora West, LLC (“Owner”) and
Kiewit Energy Company (“Kiewit”).
WITNESSETH
WHEREAS, Owner and Kiewit are parties to that
certain Engineering, Procurement and Construction Services Fixed
Price Contract dated May 31, 2007 (the “Contract”);
and
WHEREAS, Owner and Kiewit desire to amend the
Contract as set forth below.
NOW, THEREFORE, in consideration of the premises
and the mutual covenants herein contained, Owner and Kiewit agree
as follows;
1. Capitalized
terms not defined herein shall have the meaning set forth in the
Contract.
2. The
first sentence of Section 5.1 of the Contract is deleted in its
entirety and the following language is inserted in lieu
thereof:
“Kiewit guarantees that Substantial
Completion of the Work will be achieved no later than
June 30, 2009 (“Guaranteed Substantial Completion
Date”).”
3. The
third sentence of Section 5.1 of the Contract is hereby amended by
inserting the following language after the phrase “provided,
however,” on the last line of page 12 of the
Contract:
“such Base LDs shall not commence with
until the 31 st Day after the Guaranteed Substantial Completion
Date (i.e. Day 1 under item (i) above shall be such 31
st Day after the Guaranteed Substantial Completion
Date) and provided further, however, . . .”
4. Section
5.3 Early Completion Bonus of the Contract is deleted in its
entirety and there shall be no early completion bonus under the
Contract.
5. For
all Work performed under the Contract prior to September 22, 2008
(i.e. for Work covered by invoices through and including Monthly
Progress Invoice No. 18), Owner will make monthly
progress payments in accordance with Section 8.3. For
all Work performed under the Contract from and after September 22,
2008, notwithstanding any language of the second, third and fourth
sentences of Section 8.3 to the contrary, Owner shall pay for such
Work in nine (9) equal monthly installments. Such nine
(9) equal monthly installments shall be determined as
follows: (i) first, an amount equal
to the initial Contract Sum of Two Hundred Thirty Million Seventeen
Thousand Four Hundred Sixteen and no/100 Dollars ($230,017,416)
shall be adjusted (up or down) for any agreed upon changes to the
Contract Sum as a result of any
