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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
 THIS AGREEMENT
 
 
  ARTICLE 1  WORK
  A.
    
    Construction relating to and consisting of work associated with Auger
Cast Grout Pile Construction as designed by Fagen, Inc., including placement of
reinforcing steel and stockpiling of spoils for removal from site by others.
 ARTICLE 2  CONTRACT TIMES
 Time of the Essence
 A.
    
    All time limits for Milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract Documents
are of the essence of the Contract.
 Dates for Substantial Completion and Final Payment
 A.
    
    As indicated by exceptions to the completion dates that were submitted by
Contractor through a Schedule submitted as a part of the Bid package and further
discussed prior to Notice of Award that Bidder agrees that the Work associated with
the Auger Cast Grout Pile Construction will begin on or before August 7, 2006 and two
(2) of the Fermentation Tank foundations Auger Cast Grout Piles will be complete and
ready for Design Builder to begin work no later than August 28, 2006 with the
remaining work completed as indicated on Contractor schedule submitted with bid.
 ARTICLE 3  CONTRACT PRICE
  Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-1




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A.
    
    For all Work, an amount equal to the sum of the established lump
sum bid as indicated in this paragraph 3.01.A:
 TOTAL BASE BID
 Three Hundred Eighty-Four Thousand Eight Hundred and 00/100
    
    
    ($384,800.00
    )(Spelled out in Words)
  ARTICLE 4  PAYMENT PROCEDURES
 Submittal and Processing of Payments
  Progress Payments; Retainage
      Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-2




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Final Payment
 A.
    
    Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as provided in said paragraph
14.07.
 ARTICLE 5  INTEREST
  ARTICLE 6  CONTRACTORS REPRESENTATIONS
  A.
    
    CONTRACTOR has examined and carefully studied the Contract
Documents and the other related data identified in the Bidding Documents.B.
    
    CONTRACTOR has visited the Site and become familiar with and is
satisfied as to the general, local, and Site conditions that may affect cost,
progress, and performance of the Work.C.
    
    CONTRACTOR is familiar with and is satisfied as to all federal,
state, and local Laws and Regulations that may affect cost, progress, and
performance of the Work.D.
    
    CONTRACTOR does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the
performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions of the Contract Documents.E.
    
    CONTRACTOR is aware of the general nature of work to be performed
by OWNER and others at the Site that relates to the Work as indicated in the
Contract Documents.F.
    
    CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.G.
    
    CONTRACTOR has given ENGINEER written notice of all conflicts,
errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the
Contract Documents, and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.H.
    
    The Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and
furnishing of the Work.
 Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-3




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ARTICLE 7  CONTRACT DOCUMENTS
 Contents
 A.
    
    The Contract Documents consist of the following:
 1.
    
    This Agreement (pages 00500-1 to 00500-6, inclusive);2.
    
    Performance Bond (pages 00610-1 to 00610-2, inclusive);3.
    
    Payment Bond (pages 00615-1 to 00615-2, inclusive);4.
    
    General Conditions (pages 00700-1 to 00700-41,
inclusive);5.
    
    Supplementary Conditions (pages SC-1 to SC-7, inclusive);6.
    
    Bid Documents as listed in the table of contents of the
Project Manual;7.
    
    Drawings consisting of 11 sheets bearing the following
general title: Pile & Mat Construction Package.8.
    
    Addenda (numbers 1 to 2, inclusive);9.
    
    Exhibits to this Agreement (enumerated as follows):
 a.
    
    Notice of Award.b.
    
    Notice to Proceed.c.
    
    CONTRACTORs Bid (pages 00410-1 to 00410-5, inclusive);d.
    
    Documentation submitted by CONTRACTOR prior to
Notice of Award;;
 10.
    
    The following which may be delivered or issued on or
after the Effective Date of the Agreement and are not attached hereto:
 a.
    
    Written Amendments;b.
    
    Work Change Directives;c.
    
    Change Order(s).
 B.
    
    The documents listed in paragraph 6.01.A are attached to this
Agreement (except as expressly noted otherwise above).C.
    
    There are no Contract Documents other than those listed above in this Article 7.D.
    
    The Contract Documents may only be amended, modified, or
supplemented as provided in paragraph 3.05 of the General Conditions.
 Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-4




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ARTICLE 8  MISCELLANEOUS
 Terms
 A.
    
    Terms used in this Agreement will have the meanings indicated in the General
Conditions.
 Assignment of Contract
 A.
    
    No assignment by a party hereto of any rights under or interests in
the Contract will be binding on another party hereto without the written
consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and 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 Contract
Documents.
 Successors and Assigns
 A.
    
    OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
 Severability
 A.
    
    Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to replace
such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken
provision.
 Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-5




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OWNER:
    
    CONTRACTOR:E Energy Adams, LLC 
510 Main Street 
Adams, Nebraska 68301
    
    Longfellow Foundations, Inc.
225 South Washington Street 
Hutchinson, Kansas 67501By:
    /s/ Jack L. Alderman
    
By:
    /s/ Jason Hoy[CORPORATE SEAL]
    

    [CORPORATE SEAL]Attest
    
    
    Attest
    /s/ Don LaneAddress for giving notices:
    
    Address for giving notices:Same as aboveLicense No. N/A                 (Where applicable)Agent for service of process: Holmes, Murphy,
and Associates, Des Moines, Iowa(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.)Designated Representative:Name: Jason HoyTitle: Vice PresidentAddress: Same as abovePhone: (620) 662-1228Facsimile: (620) 662-3885
 Adopted from EJCDC Standard Form
of Agreement between Owner and Contractor
    
    00500-6