CONSTRUCTION AGREEMENTConstruction Agreement |
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GRANITE FALLS ENERGY, LLC | Rice Lake Construction Group. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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EXHIBIT 10.19
AGREEMENT
MN River Water Supply Facility
Granite Falls Energy, LLC
Granite Falls, MN
THIS AGREEMENT is dated as of
the 16th day of August in the year 2006 by and between
Granite Falls Energy, LLC (hereinafter called OWNER) and Rice Lake
Construction Group (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete all
Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
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A. |
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Construction of
pumping station and building and associated work. |
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B. |
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Construction of
river intake structure. |
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C. |
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Construction of
piping from pumping station to river intake structure. |
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D. |
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Installation of
pumps, piping, electrical, controls and associated equipment and work for the
pumping station. |
ARTICLE 2. ENGINEER.
The Project has been designed
by Bolton & Menk, Inc., Consulting Engineers, 1960 Premier Drive, Mankato,
MN 56001, who is hereinafter called ENGINEER and who is to act as OWNER’S
representative, assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME.
3.1. The project will be
operational by December 31, 2006. Final restoration work will be completed
by May 2007.
ARTICLE 4. CONTRACT PRICE.
4.1. OWNER shall pay
CONTRACTOR for completion of the Work in accordance with the Contract Documents
in current funds as follows:
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Lump Sum of $2,133,000.00
(Two million one hundred thirty-three thousand and no/100 DOLLARS) |
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(With Bid Schedule Attachment) |
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M21.38035
— Granite Falls Energy, LLC |
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AGREEMENT |
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MN
River Water Supply Facility-Granite Falls, MN |
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ARTICLE 5. PAYMENT
PROCEDURES.
CONTRACTOR shall submit
Applications for Payment on a monthly basis for the work completed.
Applications for Payment will be processed by ENGINEER to the OWNER. The OWNER
shall pay the approved application within 30 days of receipt. The OWNER
shall pay up to 95 percent of the contract amount. The remaining
5 percent shall be paid upon final approval of the project by the ENGINEER
and OWNER.
ARTICLE 6. CONTRACTOR’S
REPRESENTATIONS.
In order to induce OWNER to
enter into this Agreement, CONTRACTOR makes the following representations:
6.1. CONTRACTOR has
familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
6.2. CONTRACTOR has studied
carefully all reports of explorations and tests of subsurface conditions and
drawings of physical conditions.
6.3. CONTRACTOR has reviewed
and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said
Underground Facilities.
6.4. CONTRACTOR has
correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
ARTICLE 7. ADDITIONAL WORK
POLICY
7.1 All additional work shall
be approved by the OWNER prior to performing the work.
IN WITNESS WHEREOF, OWNER and
CONTRACTOR have signed this Agreement in triplicate. One counterpart each has
been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or identified
by ENGINEER on their behalf.
This Agreement will be
effective on August 16, 2006 (which is the Effective Date of the
Agreement).
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OWNER: Granite Falls
Energy, LLC |
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CONTRACTOR: Rice Lake
Construction Group |
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By: |
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/s/ Todd Emslander |
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By: |
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/s/ Wade Leonard |
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