Exhibit 10.8


 


Project No.: 
0001


Class of Work:  Grading, Streets, Sew


&
Utiliti


 


OTTER TAIL AG. ENTERPRISES, LLC.

OTTER TAIL COUNTY, MINNESOTA


 


CONTRACT


FOR CONSTRUCTION


 


This agreement made this 24th day of October,
2006, between OTTER TAIL AG. ENTERPRISES, 
LLC., Minnesota, herein called the “Contracting Officer”, and Riley
Brothers Companies herein called  the
“Contractor”. Witnesseth that the Contractor, in consideration of the payment
of the contract price therefor, amounting substantially to TWO MILLION, NINE
HUNDRED FORTY THOUSAND, FOUR HUNDRED FIFTY-THREE AND 35/100 dollars
($2,940,453.35), agrees to furnish all materials (except such as are specified
to be furnished by the Contracting Officer, if any), all necessary tools and
equipment, and do and perform all the necessary work and labor for the full
completion of the project:


 


As shown in the approved plans, for the unit prices and compensation
set forth and as specified in the attached summary of contract unit prices,
which is hereto attached as pages 1-6 of Exhibit A and hereby made a
part of this agreement, all in accordance with the plans, specifications and
special provisions therefor on file in the office of the contracting officer
and hereby made a part of this agreement.


 


The Contractor agrees that the work shall be
done and performed in the best and most workmanlike manner; that all materials
and labor shall be in strict conformity in every respect with the plans, specifications
and special provisions for the improvement, shall be subject to inspection and
approval of the Contracting Officer or a duly authorized member of Otter Tail
Ag. Enterprises, LLC, and in case any material or labor supplied shall be
rejected by the Contracting Officer or engineer as defective or unsuitable,
then such rejected material shall be removed, and replaced with approved
material and the rejected labor shall be done anew to the satisfaction and
approval of the Contracting Officer or engineer and at the cost and expense of
the Contractor.


 


The Contractor further agrees that he will commence work hereunder
within seven (7) days of the notice to proceed and to prosecute said work
and have the work fully completed to the satisfaction and approval of Otter
Tail Ag. Enterprises, LLC within the following schedule, based on a notice to
proceed issued on October 23, 2006. If the date of the notice to proceed
is changed, the schedule for completion will be changed by the same number of
calendar days.


 


1- C

















 


 


	
  BID

  PACKAGE

  	
   

  	
  DESCRIPTION

  	
   

  	
  CONTRACT

  TIME/COMPLETION

  DATE

  	
   

  	
  Liquidated

  Damages

  
	
  A

  	
   

  	
  Excavation
  of storm water pond; construction of mechanical contractor staging area;
  establishment of subgrade for semi parking, dryer road, ethanol storage road,
  and southwest outbound road; and placement of 6 inches of class 5 modified
  aggregate and installation of associated storm sewer/culvert. Establish
  subgrade for DDGS, DD&E and Maintenance Building

  	
   

  	
  November 10,
  2006

  	
   

  	
  $5,000
  per day

  
	
  A

  	
   

  	
  Establish
  subgrade for MPB and Fermentation Buildings

  	
   

  	
  November 22,
  2006

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  A

  	
   

  	
  Establish
  subgrade for remaining buildings and railroad.

  	
   

  	
  June 15,
  2007

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  A

  	
   

  	
  Complete
  remaining work in bid package, less final stabilization.

  	
   

  	
  June 15,
  2007

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  B

  	
   

  	
  Whole
  Bid Package –“Non-Contact Cooling Water Discharge”  

  Work shall not commence prior
  to May 1, 2007 without OWNER’S permission.

  	
   

  	
  September 15,
  2007

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  C

  	
   

  	
  Whole
  Bid Package – “Storm Water Outfall”

  	
   

  	
  November 10,
  2006

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  D

  	
   

  	
  40%
  of each material

  	
   

  	
  November 10,
  2006

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  D

  	
   

  	
  Remaining
  material

  	
   

  	
  April 1,
  2007

  	
   

  	
  Per
  MnDOT Table 1807-1

  
	
  A

  ALTERNATE

  	
   

  	
  Whole
  Bid Package- “Surfacing with Bituminous Entrance Road” Work shall not
  commence prior to July 15, 2007

  	
   

  	
  October 1,
  2007

  	
   

  	
  Per
  MnDOT Table 1807-1

  



 


Time is the essence of this contract for prompt completion, and if the
Contractor shall fail to complete the work within the time herein specified,
Otter Tail Ag. Enterprises, LLC shall have the right to deduct from the unpaid
part of the contract price, the amount, or amounts specified above, or, if no
moneys shall be due the contractor, to recover damages in accordance with said
specifications for each and every working day thereafter during which the contract
shall remain unfinished and incomplete, such damages being hereby agreed upon
as liquidated damages in lieu of actual damages occasioned by such delay, but
special provisions, if any, contained in the proposal are also continued in
effect and shall be read and construed as part of this provision as to the
completion and liquidated damages for delay.


 


2- C

















 


It is however, agreed that upon
receipt of written notice from the Contractor of the existence of causes over
which the Contractor has no control and which will delay the completion of the
work, the Contracting Officer in his discretion, and in accordance with the
specifications, may extend the date herein before specified for completion, and
in such case the Contractor shall become liable for said liquidated damages
only for failure to perform with in the time so extended.


 


It is agreed, also, that delays caused by the
elements or by strikes or other combined action of workmen employed in the
construction or in the transportation of materials, but in no part caused or
resulting from default or collusion on the part of the Contractor, shall be
excused to the extent which the Contracting Officer may find and determine such
conditions to have delayed completion within the time limit, but the judgment
of the Contracting Officer in fixing such amount shall be final and conclusive
upon the parties hereto.


 


It is distinctly understood and agreed that no claims for extra work
done for materials furnished by the Contractor will be allowed by the
Contracting Officer except as provided herein, nor shall the Contractor do any
work or furnish any materials not covered by the plans, specifications,
special  provisions, and this contract,
unless such work is first ordered in writing as provided in the specifications.


 


Any such work or materials which may be done or furnished by the
Contractor without such written order first being given shall be at his own
risk, cost and expense, and he hereby agrees that without such written order he
will make no claim for compensation for work or materials so done or furnished.


 


It is further agreed, anything to the contrary herein notwithstanding,
that the OTTER TAIL AG. ENTERPRISES, LLC., Minnesota, its Contracting Officer
and Engineer shall not be personally liable or responsible in any manner to the
Contractor, Subcontractors, Materialmen, Laborers, or to any other person or
persons whomsoever, for any claim, demand, damages, actions or causes of action
of any kind or character arising out of or by reasons of the execution of this
agreement or the performance and completion of the work and improvement
provided herein.


 


3- C

















 


Dated at Fergus Falls,  Minnesota, this 25th day of October,  2006


 


Signatures for OTTER TAIL AG. ENTERPRISES,
LLC, of Fergus Falls, Minnesota


 


	
   

  	
  By

  	
  /s/ Kelly Longtin

  	
  Title

  	
  CEO

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Attest:

  	
  /s/ Kent Mattson

  	
  Title

  	
  Attorney

  	
   

  
	
   

  	
   

  	
   

  
	
  Signatures
  for: 

  	
  /s/ John Riley - Partner

  	
  Contractor

  
	
   

  	
   

  	
   

  
	
   

  	
  /s/ Riley Bros Construction Inc

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
							



 


ACKNOWLEDGMENT

OF AUTHORIZED OTTER TAIL AG. ENTERPRISES, LLC OFFICIAL’S SIGNATURES


 


STATE OF MINNESOTA

COUNTY OF OTTER TAIL       } ss


 


Jerry Larson, being first duly sworn, deposes and says that
   he is an authorized representative of OTTER TAIL AG. ENTERPRISES,
LLC., in the County of Otter Tail, and the State of Minnesota:    he
has read the foregoing contract and knows the contents thereof, and that the
same is true of his own knowledge; and that this contract is made by the
authority of OTTER TAIL AG. ENTERPRISES, LLC of Fergus Falls, Minnesota.


 




	
  Subscribed and sworn to before me this

  	
   

  	
   

  	
  /s/ Jerry Larson

  	
   

  
	
   

  	
   

  	
   

  	
  Authorizing Agent

  	
   

  
	
  25th  

  	
   

  	
  day of

  	
  October

  	
  ,

  	
  2006

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  /s/ Kent Mattson

  	
   

  	
   

  	
   

  
	
  NOTARY PUBLIC

  	
   

  	
   

  	
   

  
												






 


4- C

















 


INDIVIDUAL OF CO-PARTNERSHIP ACKNOWLEDGMENT


OF CONTRACTOR’S SIGNATURE


 


	
  STATE
  OF MINNESOTA

  	
   

  
	
  COUNTY
  OF                                      }
  ss.

  	
   

  
	
   

  	
   

  
	
  On
  this                     day of
                     ,
  20         , before me personally appeared

  	
   

  
	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  



 


to
me personally known to be the person        described
herein and also who executed the foregoing contract and acknowledged that
     he      executed the
same as                                           free
act and deed.


 


	
  (SEAL)

  	
   

  	
   

  



 


CORPORATE ACKNOWLEDGMENT 


FOR CONTRACTOR


	
  STATE OF MINNESOTA

  	
   

  	
   

  
	
  COUNTY OF OTTER TAIL 

  	
  ss:

  	
   

  



 


On this 25th day of, October, 2006, before me appeared John Riley
and                      
to me personally known, who, being by
me duly sworn, did say that they are respectively Vice President and                           
of Riley Bros. Construction, Inc.,
a corporation; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that said instrument was executed in
behalf of the corporation by authority of its board of directors; and they
acknowledge said instrument to be the free act and deed of the corporation.


 


	
  (SEAL)

  	
   

  	
  /s/ Kent Mattson

  



 


NOTE: If the contractor is a corporation, this should be signed by at
least two executive officers, same being the president and secretary, or
vice-president and secretary, and the corporate seal attached. If the
contractor is a co-partnership, this should be signed by all members of the
co-partnership.


 


5- C

















 


	
  CONTRACT UNIT PRICES

  	
   

  	
  EXHIBIT A

  	
   

  	
  OTTER TAIL AG ENTERPRISES, LLC

  
	
  OCTOBER 24, 2006

  	
   

  	
   

  	
   

  	
  ETHANOL PLANT

  
	
  SITE GRADING AND UTILITIES

  	
   

  	
   

  	
   

  	
  FERGUS FALLS, MINNESOTA

  



 


SITE PACKAGE A -
Earthwork and Utilities


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  1

  	
   

  	
  2021.501

  	
   

  	
  MOBILIZATION

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  50,000.00

  	
   

  	
  $

  	
  50,000.00

  	
   

  
	
  2

  	
   

  	
  2101.501

  	
   

  	
  CLEARING

  	
   

  	
  ACRE

  	
   

  	
  80

  	
   

  	
  $

  	
  2,000.00

  	
   

  	
  $

  	
  120,000.00

  	
   

  
	
  3

  	
   

  	
  2101.506

  	
   

  	
  GRUBBING

  	
   

  	
  ACRE

  	
   

  	
  1

  	
   

  	
  $

  	
  2,000.00

  	
   

  	
  $

  	
  2,000.00

  	
   

  
	
  4

  	
   

  	
  2104.501

  	
   

  	
  REMOVE DRAIN
  PIPE

  	
   

  	
  LIN FT

  	
   

  	
  2450

  	
   

  	
  $

  	
  4.00

  	
   

  	
  $

  	
  9,800.00

  	
   

  
	
  5

  	
   

  	
  2105.501

  	
   

  	
  COMMON
  EXCAVATION

  	
   

  	
  CUYD

  	
   

  	
  285000

  	
   

  	
  $

  	
  2.10

  	
   

  	
  $

  	
  598,500.00

  	
   

  
	
  6

  	
   

  	
  SEE SITE PACKAGED

  	
   

  
	
  7

  	
   

  	
  SEE SITE PACKAGED

  	
   

  
	
  8

  	
   

  	
  2211.501

  	
   

  	
  AGGREGATE
  BASE CLASS 5(MOD)

  	
   

  	
  TON

  	
   

  	
  10540

  	
   

  	
  $

  	
  5.90

  	
   

  	
  $

  	
  62,186.00

  	
   

  
	
  9

  	
   

  	
  SEE SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  10

  	
   

  	
  2211.501

  	
   

  	
  RAILROAD SUBBALLAST (CLASS 5 PER ITEM NO.
  9F)

  	
   

  	
  TON

  	
   

  	
  19000

  	
   

  	
  $

  	
  5.90

  	
   

  	
  $

  	
  112,100.00

  	
   

  
	
  11

  	
   

  	
  SEE SITE PACKAGED A ALTERNATE 2

  	
   

  
	
  12

  	
   

  	
  SEE SITE PACKAGED A ALTERNATE 2

  	
   

  
	
  13

  	
   

  	
  SEE SITE PACKAGED A ALTERNATE 2

  	
   

  
	
  14

  	
   

  	
  2501.511

  	
   

  	
  12” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  52

  	
   

  	
  $

  	
  28.00

  	
   

  	
  $

  	
  1,736.00

  	
   

  
	
  15

  	
   

  	
  2501.511

  	
   

  	
  15” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  55

  	
   

  	
  $

  	
  30.00

  	
   

  	
  $

  	
  1,650.00

  	
   

  
	
  16

  	
   

  	
  2501.511

  	
   

  	
  18” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  117

  	
   

  	
  $

  	
  33.00

  	
   

  	
  $

  	
  3,861.00

  	
   

  
	
  17

  	
   

  	
  2501.511

  	
   

  	
  21” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  174

  	
   

  	
  $

  	
  34.00

  	
   

  	
  $

  	
  5,916.00

  	
   

  
	
  18

  	
   

  	
  2501.511

  	
   

  	
  24” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  387

  	
   

  	
  $

  	
  38.00

  	
   

  	
  $

  	
  14,706.00

  	
   

  
	
  19

  	
   

  	
  2501.511

  	
   

  	
  27” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  175

  	
   

  	
  $

  	
  47.00

  	
   

  	
  $

  	
  8,225.00

  	
   

  
	
  20

  	
   

  	
  2501.511

  	
   

  	
  36” RC PIPE
  CULVERT

  	
   

  	
  LIN FT

  	
   

  	
  280

  	
   

  	
  $

  	
  70.00

  	
   

  	
  $

  	
  19,600.00

  	
   

  
	
  21

  	
   

  	
  NOT USED

  	
   

  
	
  22

  	
   

  	
  2501.515

  	
   

  	
  12” RC PIPE
  APRON

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  375.00

  	
   

  	
  $

  	
  750.00

  	
   

  
	
  23

  	
   

  	
  2501.515

  	
   

  	
  15” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  400.00

  	
   

  	
  $

  	
  800.00

  	
   

  
	
  24

  	
   

  	
  2501.515

  	
   

  	
  18” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  4

  	
   

  	
  $

  	
  425.00

  	
   

  	
  $

  	
  1,700.00

  	
   

  
	
  25

  	
   

  	
  2501.515

  	
   

  	
  21” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  4

  	
   

  	
  $

  	
  450.00

  	
   

  	
  $

  	
  1,800.00

  	
   

  
	
  26

  	
   

  	
  2501.515

  	
   

  	
  24” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  500.00

  	
   

  	
  $

  	
  500.00

  	
   

  
	
  27

  	
   

  	
  2501.515

  	
   

  	
  27” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  4

  	
   

  	
  $

  	
  600.00

  	
   

  	
  $

  	
  2,400.00

  	
   

  
	
  28

  	
   

  	
  2501.515

  	
   

  	
  36” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  4

  	
   

  	
  $

  	
  800.00

  	
   

  	
  $

  	
  3,200.00

  	
   

  
	
  29

  	
   

  	
  2501.515

  	
   

  	
  48” RC PIPE
  APRON”

  	
   

  	
  EACH

  	
   

  	
  3

  	
   

  	
  $

  	
  1,200.00

  	
   

  	
  $

  	
  3,600.00

  	
   

  
	
  30

  	
   

  	
  SEE SITE PACKAGE C

  	
   

  
	
  31

  	
   

  	
  SEE SITE PACKAGE C

  	
   

  
	
  32

  	
   

  	
  2503.511

  	
   

  	
  4” PIPE
  DRAIN CLEANOUT (SAS)

  	
   

  	
  EACH

  	
   

  	
  24

  	
   

  	
  $

  	
  140.00

  	
   

  	
  $

  	
  3,360.00

  	
   

  
	
  33

  	
   

  	
  SEE SITE PACKAGE D

  	
   

  
	
  34

  	
   

  	
  2503.511

  	
   

  	
  12” PVC PIPE
  SEWER (STS)

  	
   

  	
  LIN FT

  	
   

  	
  1200

  	
   

  	
  $

  	
  32.00

  	
   

  	
  $

  	
  38,400.00

  	
   

  



 


1

















 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  35

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  36

  	
   

  	
  2503.511

  	
   

  	
  15” PVC PIPE
  SEWER (STS)

  	
   

  	
  LIN FT

  	
   

  	
  166

  	
   

  	
  $

  	
  25.00

  	
   

  	
  3,900.00

  	
   

  
	
  37

  	
   

  	
  2503.511

  	
   

  	
  18” PVC PIPE
  SEWER (STS)

  	
   

  	
  LIN FT

  	
   

  	
  51

  	
   

  	
  $

  	
  30.00

  	
   

  	
  $

  	
  1,530.00

  	
   

  
	
  38

  	
   

  	
  2503.511

  	
   

  	
  24” PVC PIPE
  SEWER (STS)

  	
   

  	
  LIN FT

  	
   

  	
  206

  	
   

  	
  $

  	
  31.00

  	
   

  	
  $

  	
  8,386.00

  	
   

  
	
  39

  	
   

  	
  2503.511

  	
   

  	
  27” PVC PIPE
  SEWER (STS)

  	
   

  	
  LIN FT

  	
   

  	
  166

  	
   

  	
  $

  	
  36.00

  	
   

  	
  $

  	
  5,976.00

  	
   

  
	
  40

  	
   

  	
  2503.511

  	
   

  	
  18” RC PIPE
  SEWER CLASS III (STS)

  	
   

  	
  LIN FT

  	
   

  	
  359

  	
   

  	
  $

  	
  33.00

  	
   

  	
  $

  	
  11,847.00

  	
   

  
	
  41

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  42

  	
   

  	
  2503.511

  	
   

  	
  27” RC PIPE
  SEWER CLASS III (STS)

  	
   

  	
  LIN FT

  	
   

  	
  177

  	
   

  	
  $

  	
  46.00

  	
   

  	
  $

  	
  8,142.00

  	
   

  
	
  43

  	
   

  	
  2503.511

  	
   

  	
  42” RC PIPE
  SEWER CLASS III (STS)

  	
   

  	
  LIN FT

  	
   

  	
  351

  	
   

  	
  $

  	
  92.00

  	
   

  	
  $

  	
  32,292.00

  	
   

  
	
  44

  	
   

  	
  2503.511

  	
   

  	
  48” RC PIPE
  SEWER CLASS III (STS)

  	
   

  	
  LIN FT

  	
   

  	
  465

  	
   

  	
  $

  	
  112.00

  	
   

  	
  $

  	
  52,192.00

  	
   

  
	
  45

  	
   

  	
  2503.511

  	
   

  	
  6” PVC PIPE SEWER (TRUCK AND RAIL LOADOUT
  DRAIN PIPES)

  	
   

  	
  LIN FT

  	
   

  	
  1160

  	
   

  	
  $

  	
  19.00

  	
   

  	
  $

  	
  22,040.00

  	
   

  
	
  46

  	
   

  	
  2503.511

  	
   

  	
  6” PVC PIPE BEND 90 DEGREE (LOADOUT DRAIN
  PIPE)

  	
   

  	
  EACH

  	
   

  	
  5

  	
   

  	
  $

  	
  60.00

  	
   

  	
  $

  	
  360.00

  	
   

  
	
  47

  	
   

  	
  2503.511

  	
   

  	
  4” PVC PIPE SEWER
  (SAS)

  	
   

  	
  LIN FT

  	
   

  	
  2378

  	
   

  	
  $

  	
  18.00

  	
   

  	
  $

  	
  42,768.00

  	
   

  
	
  48

  	
   

  	
  2503.602

  	
   

  	
  4” x 4” PVC
  WYE

  	
   

  	
  EACH

  	
   

  	
  27

  	
   

  	
  $

  	
  40.00

  	
   

  	
  $

  	
  1,080.00

  	
   

  
	
  49

  	
   

  	
  2503.602

  	
   

  	
  AIR RELEASE
  VALUE AND MANHOLE

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  3,000.00

  	
   

  	
  $

  	
  3,000.00

  	
   

  
	
  50

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  51

  	
   

  	
  2503.602

  	
   

  	
  LIFT STATION

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  35,000.00

  	
   

  	
  $

  	
  35,000.00

  	
   

  
	
  52

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  53

  	
   

  	
  2504.603

  	
   

  	
  2” PVC FORCE
  MAIN (SAS)

  	
   

  	
  LIN FT

  	
   

  	
  195

  	
   

  	
  $

  	
  20.00

  	
   

  	
  $

  	
  3,900.00

  	
   

  
	
  54

  	
   

  	
  2504.603

  	
   

  	
  6” PVC
  HYDRANT LEAD. C900

  	
   

  	
  LIN FT

  	
   

  	
  10

  	
   

  	
  $

  	
  29.00

  	
   

  	
  $

  	
  290.00

  	
   

  
	
  55

  	
   

  	
  2504.602

  	
   

  	
  2” CURB STOP & BOX. CORPORATION AND
  SADDLE

  	
   

  	
  EACH

  	
   

  	
  6

  	
   

  	
  $

  	
  400.00

  	
   

  	
  $

  	
  2,400.00

  	
   

  
	
  56

  	
   

  	
  2504.602

  	
   

  	
  8” BEND 45
  DEGREE (MJ-DI)

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  180.00

  	
   

  	
  180.00

  	
   

  
	
  57

  	
   

  	
  2504.602

  	
   

  	
  8” BEND 90
  DEGREE (MJ-DI)

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  190.00

  	
   

  	
  190.00

  	
   

  
	
  58

  	
   

  	
  2504.602

  	
   

  	
  8”x8”
  REDUCER (MJ-DIJ)

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  180.00

  	
   

  	
  180.00

  	
   

  
	
  59

  	
   

  	
  2504.602

  	
   

  	
  CONNECT TO
  EXISTING WATER MAIN

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  450.00

  	
   

  	
  450.00

  	
   

  
	
  60

  	
   

  	
  2504.602

  	
   

  	
  8” HYDRANT

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  2,800.00

  	
   

  	
  $

  	
  2,800.00

  	
   

  
	
  61

  	
   

  	
  2504.603

  	
   

  	
  2” WATER
  MAIN HDE (SDR 9)

  	
   

  	
  LIN FT

  	
   

  	
  1975

  	
   

  	
  $

  	
  19.00

  	
   

  	
  $

  	
  37,525.00

  	
   

  
	
  62

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  63

  	
   

  	
  2504.603

  	
   

  	
  16” STEEL
  CASING

  	
   

  	
  LIN FT

  	
   

  	
  300

  	
   

  	
  $

  	
  108,00

  	
   

  	
  $

  	
  32,400.00

  	
   

  
	
  64

  	
   

  	
  2504.603

  	
   

  	
  6” PVC
  WATERMAIN

  	
   

  	
  LIN FT

  	
   

  	
  732

  	
   

  	
  $

  	
  27.00

  	
   

  	
  $

  	
  19.764.00

  	
   

  
	
  65

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUCTURE DESIGN 60-4020

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  2,900.00

  	
   

  	
  $

  	
  2,900.00

  	
   

  
	
  66

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUCTURE DESIGN 72-4020

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  4,500.00

  	
   

  	
  $

  	
  9,000.00

  	
   

  
	
  67

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUCTURE DESIGN 78-4020

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  5,500.00

  	
   

  	
  $

  	
  5,500.00

  	
   

  
	
  68

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUCTURE DESIGN 90-4020

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  9,500.00

  	
   

  	
  $

  	
  19,000.00

  	
   

  
	
  69

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUCTURE DESIGN F (STS)

  	
   

  	
  EACH

  	
   

  	
  5

  	
   

  	
  $

  	
  1,500.00

  	
   

  	
  $

  	
  7,500.00

  	
   

  
																			



 


2

















 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  70

  	
   

  	
  SEE SITE PACKAGE B

  	
   

  
	
  71

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUTURE DESIGN G

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  1,800.00

  	
   

  	
  $

  	
  3,600.00

  	
   

  
	
  72

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUTURE DESIGN SPECIAL 1

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  34,000.00

  	
   

  	
  $

  	
  34,000.00

  	
   

  
	
  73

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUTURE DESIGN SPECIAL 2

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  14,000.00

  	
   

  	
  $

  	
  14,000.00

  	
   

  
	
  74

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE STRUTURE DESIGN SPECIAL 3

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  30,000.00

  	
   

  	
  $

  	
  30,000.00

  	
   

  
	
  75

  	
   

  	
  2511.501

  	
   

  	
  RANDOM
  RIPRAP CLASS I

  	
   

  	
  CU YD

  	
   

  	
  153

  	
   

  	
  $

  	
  45.00

  	
   

  	
  $

  	
  6,885.00

  	
   

  
	
  76

  	
   

  	
  2511.501

  	
   

  	
  RANDOM
  RIPRAP CLASS II

  	
   

  	
  CU YD

  	
   

  	
  131

  	
   

  	
  $

  	
  45.00

  	
   

  	
  $

  	
  5,895.00

  	
   

  
	
  77

  	
   

  	
  2511.501

  	
   

  	
  RANDOM
  RIPRAP CLASS IV

  	
   

  	
  CU YD

  	
   

  	
  460

  	
   

  	
  $

  	
  45.00

  	
   

  	
  $

  	
  20,700.00

  	
   

  
	
  78

  	
   

  	
  SEE
  SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  79

  	
   

  	
  SEE
  SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  80

  	
   

  	
  SEE
  SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  81

  	
   

  	
  SEE
  SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  82

  	
   

  	
  SEE
  SITE PACKAGE A ALTERNATE 2

  	
   

  
	
  83

  	
   

  	
  2563.601

  	
   

  	
  TRAFFIC
  CONTROL

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  
	
  84

  	
   

  	
  2564.602

  	
   

  	
  TRAFFIC SIGN
  WITH POST

  	
   

  	
  EACH

  	
   

  	
  32

  	
   

  	
  $

  	
  337.50

  	
   

  	
  $

  	
  10,800.00

  	
   

  
	
  85

  	
   

  	
  2564.602

  	
   

  	
  PAVEMENT MESSAGE (RIGHT ARROW EPOXY)

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  115.00

  	
   

  	
  $

  	
  115.00

  	
   

  
	
  86

  	
   

  	
  2564.603

  	
   

  	
  4” DASHED
  LINE YELLOW-EPOXY

  	
   

  	
  LIN FT

  	
   

  	
  952

  	
   

  	
  $

  	
  0.80

  	
   

  	
  $

  	
  761.60

  	
   

  
	
  87

  	
   

  	
  2564.603

  	
   

  	
  4” SOLID LINE YELLOW OR WHITE EPOXY

  	
   

  	
  LIN FT

  	
   

  	
  1182

  	
   

  	
  $

  	
  0.80

  	
   

  	
  $

  	
  945.60

  	
   

  
	
  88

  	
   

  	
  2564.603

  	
   

  	
  24” STOP
  LINE WHITE-EPOXY

  	
   

  	
  LIN FT

  	
   

  	
  164

  	
   

  	
  $

  	
  15.00

  	
   

  	
  $

  	
  2,460.00

  	
   

  
	
  89

  	
   

  	
  2564.618

  	
   

  	
  CROSSWALK
  MARKING-EPOXY

  	
   

  	
  SQ FT

  	
   

  	
  1164

  	
   

  	
  $

  	
  7.50

  	
   

  	
  $

  	
  6,730.00

  	
   

  
	
  90

  	
   

  	
  2564.602

  	
   

  	
  PAVEMENT MESSAGE (HANDIGAPPED SYMBOL EPOXY)

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  135.00

  	
   

  	
  $

  	
  270.00

  	
   

  
	
  91

  	
   

  	
  2565.603

  	
   

  	
  6” NON-METALLIC CONDUIT (WITH CAPPED ENDS)

  	
   

  	
  LIN FT

  	
   

  	
  800

  	
   

  	
  $

  	
  19.00

  	
   

  	
  $

  	
  15,200.00

  	
   

  
	
  92

  	
   

  	
  2573.530

  	
   

  	
  INLET
  PROTECTION (TYPE D)

  	
   

  	
  EACH

  	
   

  	
  28

  	
   

  	
  $

  	
  100.00

  	
   

  	
  $

  	
  2,600.00

  	
   

  
	
  108

  	
   

  	
  3137.300

  	
   

  	
  COARSE
  AGGREGATE CA-70 (CV)

  	
   

  	
  CU YD

  	
   

  	
  2300

  	
   

  	
  $

  	
  18.00

  	
   

  	
  $

  	
  41,400.00

  	
   

  
	 
	
   

  	
   

  
	 
	
   

  	
  TOTAL SITE PACKAGE A BASE   
  

  	
  $

  	
  1,636,644.20

  	
   

  
																				



 


3

















 


PACKAGE A - ALTERNATE 2 - Surfacing
with Bituminous Entrance Road


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  1F

  	
   

  	
  2021.601

  	
   

  	
  MOBILIZATION

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  5,000.00

  	
   

  	
  $

  	
  5,000.00

  	
   

  
	
  9F

  	
   

  	
  2211.501

  	
   

  	
  AGGREGATE BASE CLASS 5

  	
   

  	
  TON

  	
   

  	
  16145

  	
   

  	
  $

  	
  5.90

  	
   

  	
  $

  	
  107,055.50

  	
   

  
	
  11F

  	
   

  	
  2350.601

  	
   

  	
  TYPE LV 3 WEARING COURSE MIXTURE (F)

  	
   

  	
  TON

  	
   

  	
  2428

  	
   

  	
  $

  	
  56.50

  	
   

  	
  $

  	
  137.182.00

  	
   

  
	
  12F

  	
   

  	
  2350.502

  	
   

  	
  TYPE LV3 NON-WEARING COURSE MIXTURE (F)

  	
   

  	
  TON

  	
   

  	
  3060

  	
   

  	
  $

  	
  54.50

  	
   

  	
  $

  	
  166,770.00

  	
   

  
	
  13F

  	
   

  	
  2357.502

  	
   

  	
  BITUMINOUS MATERIAL FOR TACK COAT

  	
   

  	
  GAL

  	
   

  	
  1139

  	
   

  	
  $

  	
  1.25

  	
   

  	
  $

  	
  1,423.75

  	
   

  
	
  78F

  	
   

  	
  2521.501

  	
   

  	
  4” CONCRETE SIDEWALK

  	
   

  	
  SQ FT

  	
   

  	
  3890

  	
   

  	
  $

  	
  3,76

  	
   

  	
  $

  	
  13,874.40

  	
   

  
	
  79F

  	
   

  	
  2531.501

  	
   

  	
  CONCRETE CURB & GUTTER DESIGN B618

  	
   

  	
  LIN FT

  	
   

  	
  552

  	
   

  	
  $

  	
  15.20

  	
   

  	
  $

  	
  8,390.40

  	
   

  
	
  80F

  	
   

  	
  2531.507

  	
   

  	
  6” CONCRETE DRIVEWAY PAVEMENT

  	
   

  	
  SQ YD

  	
   

  	
  1951

  	
   

  	
  $

  	
  40.30

  	
   

  	
  $

  	
  78,625.30

  	
   

  
	
  81F

  	
   

  	
  2531.507

  	
   

  	
  8” CONCRETE
  DRIVEWAY PAVEMENT (REINFORCED)

  	
   

  	
  SQ YD

  	
   

  	
  5595

  	
   

  	
  $

  	
  46.00

  	
   

  	
  $

  	
  257,370.00

  	
   

  
	
  82F

  	
   

  	
  2531,604

  	
   

  	
  8” CONCRETE VALLEY GUTTER

  	
   

  	
  SQ YD

  	
   

  	
  420

  	
   

  	
  $

  	
  48.25

  	
   

  	
  $

  	
  20,265.00

  	
   

  
	
  83F

  	
   

  	
  2563.601

  	
   

  	
  TRAFFIC CONTROL

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  



 


	
  TOTAL
  PACKAGE A, ALTERNATE 2 

  	
   

  	
  $

  	
  796,956.35

  	
   

  



 


SITE PACKAGE B - Non - Contact Cooling
Water Discharge


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  1B

  	
   

  	
  2021.501

  	
   

  	
  MOBILIZATION

  	
   

  	
  LUMP SUMP

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  
	
  2B

  	
   

  	
  2101,501

  	
   

  	
  CLEARING

  	
   

  	
  ACRE

  	
   

  	
  7

  	
   

  	
  $

  	
  100.00

  	
   

  	
  $

  	
  700.00

  	
   

  
	
  3B

  	
   

  	
  2101.506

  	
   

  	
  GRUBBING

  	
   

  	
  ACRE

  	
   

  	
  0.7

  	
   

  	
  $

  	
  4,000.00

  	
   

  	
  $

  	
  2,800.00

  	
   

  
	
  33B

  	
   

  	
  2503.511

  	
   

  	
  8” DUCTILE IRON PIPE

  	
   

  	
  LIN FT

  	
   

  	
  40

  	
   

  	
  $

  	
  46.00

  	
   

  	
  $

  	
  1.840.00

  	
   

  
	
  35B

  	
   

  	
  2503.511

  	
   

  	
  12” PVC PIPE SEWER (NCCW)

  	
   

  	
  LIN FT

  	
   

  	
  700

  	
   

  	
  $

  	
  35.00

  	
   

  	
  $

  	
  24.500.00

  	
   

  
	
  41B

  	
   

  	
  2503.511

  	
   

  	
  24” RC PIPE SEWER CLASS III (STS)

  	
   

  	
  LIN FT

  	
   

  	
  40

  	
   

  	
  $

  	
  40.00

  	
   

  	
  $

  	
  1,600.00

  	
   

  
	
  60B

  	
   

  	
  2503.602

  	
   

  	
  VACUUM / AIR
  RELEASE VALVE COMBO AND MANHOLE

  	
   

  	
  EACH

  	
   

  	
  3

  	
   

  	
  $

  	
  4,300.00

  	
   

  	
  $

  	
  12,900.00

  	
   

  
	
  52B

  	
   

  	
  2504.603

  	
   

  	
  8” PVC FORCE MAIN (NCCW)

  	
   

  	
  LIN FT

  	
   

  	
  9644

  	
   

  	
  $

  	
  21.00

  	
   

  	
  $

  	
  202,524.00

  	
   

  
	
  62B

  	
   

  	
  2504.603

  	
   

  	
  16” STEEL CASING (JACKED)

  	
   

  	
  LIN FT

  	
   

  	
  300

  	
   

  	
  $

  	
  300.00

  	
   

  	
  $

  	
  90,000.00

  	
   

  
	
  70B

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE
  STRUCTURE DESIGN F (NCCW)

  	
   

  	
  EACH

  	
   

  	
  4

  	
   

  	
  $

  	
  2,000.00

  	
   

  	
  $

  	
  8,000.00

  	
   

  
	
  76B

  	
   

  	
  2511.501

  	
   

  	
  RANDOM RIPRAP CLASS III

  	
   

  	
  CU YD

  	
   

  	
  60

  	
   

  	
  $

  	
  40.00

  	
   

  	
  $

  	
  2,400.00

  	
   

  



 


4

















 


EXHIBIT A


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  83B

  	
   

  	
  2553.501

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  92B

  	
   

  	
  2575.501

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  94B

  	
   

  	
  2575.502

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  95B

  	
   

  	
  2575.502

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  98B

  	
   

  	
  2575.502

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  99B

  	
   

  	
  2575.511

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  102B

  	
   

  	
  2575.532

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


	
  TOTAL SITE PACKAGE B 

  	
   

  	
  $

  	
  358,742.80

  	
   

  



 


SITE PACKAGE C- Storm Water Outfall


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  1C

  	
   

  	
  2021.501

  	
   

  	
  MOBILIZATION

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  
	
  22C

  	
   

  	
  2501.515

  	
   

  	
  12” RC PIPE APRON

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  380.00

  	
   

  	
  $

  	
  380.00

  	
   

  
	
  30C

  	
   

  	
  2502.541

  	
   

  	
  10” PERF PE PIPE DRAIN (W/SOCK)

  	
   

  	
  LIN FT

  	
   

  	
  1055

  	
   

  	
  $

  	
  18.00

  	
   

  	
  $

  	
  18,990.00

  	
   

  
	
  31C

  	
   

  	
  2502.602

  	
   

  	
  10” PIPE DRAIN
  RISER AND WYE (DRAIN TILE)

  	
   

  	
  EACH

  	
   

  	
  2

  	
   

  	
  $

  	
  450.00

  	
   

  	
  $

  	
  900.00

  	
   

  
	
  69C

  	
   

  	
  2506.502

  	
   

  	
  CONST DRAINAGE
  STRUCTURE DESIGN F (STS)

  	
   

  	
  EACH

  	
   

  	
  1

  	
   

  	
  $

  	
  1,600.00

  	
   

  	
  $

  	
  1,600.00

  	
   

  
	
  76C

  	
   

  	
  2511.501

  	
   

  	
  RANDOM RIPRAP CLASS III

  	
   

  	
  CU YD

  	
   

  	
  6

  	
   

  	
  $

  	
  40.00

  	
   

  	
  $

  	
  240.00

  	
   

  
	
  83C

  	
   

  	
  2563.601

  	
   

  	
  TRAFFIC CONTROL

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  



 


	
  TOTAL SITE PACKAGE C 

  	
   

  	
  $

  	
  24,110.00

  	
   

  



 


5

















 


SITE PACKAGE D - Borrow Material
Stockpiles


 


	
  ITEM

  NO.

  	
   

  	
  SPEC.

  REF.

  	
   

  	
  ITEM DESCRIPTION

  	
   

  	
  UNITS

  	
   

  	
  EST.

  QUAN.

  	
   

  	
  UNIT PRICE

  	
   

  	
  EXTENDED PRICE

  	
   

  
	
  1D

  	
   

  	
  2021.501

  	
   

  	
  MOBILIZATION

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  
	
  6D

  	
   

  	
  2105.521

  	
   

  	
  GRANULAR BORROW

  	
   

  	
  TON

  	
   

  	
  14000

  	
   

  	
  $

  	
  4.00

  	
   

  	
  $

  	
  56,000.00

  	
   

  
	
  7D

  	
   

  	
  2105.522

  	
   

  	
  SELECT GRANULAR BORROW

  	
   

  	
  TON

  	
   

  	
  29000

  	
   

  	
  $

  	
  4.00

  	
   

  	
  $

  	
  116,000.00

  	
   

  
	
  83D

  	
   

  	
  2563.601

  	
   

  	
  TRAFFIC CONTROL

  	
   

  	
  LUMP SUM

  	
   

  	
  1

  	
   

  	
  $

  	
  1,000.00

  	
   

  	
  $

  	
  1,000.00

  	
   

  



 


	
  TOTAL
  SITE PACKAGE D 

  	
   

  	
  $

  	
  174,000.00

  	
   

  



 


DEDUCTIVE
ALTERNATE


 


	
  DEDUCTIVE ALTERNATE

  	
   

  	
  $

  	
  50,000.00

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  TIED PACKAGES

  	
   

  	
  A, ALT. 2, B, C, D

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  TOTAL CONTRACT PRICE

  	
   

  	
   

  	
   

  
	
  (TIED PACKAGES A2, B, C
  AND D)

  	
   

  	
  $

  	
  2,940,453.35

  	
   

  
						



 


NOTES:


 


1    PER AUTHORIZATION WITH RAILROAD AND
CONTRACTOR, SUBBALLAST MATERIAL (ITEM NO. 10)

SHALL BE AGGREGATE BASE CLASS 5 AT THE UNIT PRICE FOR CLASS 5 ( ITEM
NO. 9F)


 


2    SANITARY SEWER GRAVITY MAIN WORK INCLUDED
(ITEMS 32, 47, AND 48) IS CURRENTLY SCHEDULED FOR CONSTRUCTION BY TWO
CONTRACTORS (RILEY AND HARRIS). SANITARY SEWER MAIN WORK MAY BE REMOVED FROM
THIS CONTRACT.


 


3    PER AGREEMENT WITH CONTRACTOR, SEEDING AND
EROSION CONTROL DEVICES HAVE BEEN REMOVED FROM CONTRACT.


 


4    ITEM NO. 4 SHALL BE PAID FOR DRAIN TILE
REMOVED BY EXCAVATION WITH BACKHOE. PIPE THAT IS REMOVED WITH SCRAPERS WILL BE
INCIDENTAL TO COMMON EXCAVATION.


 


6

















 


ASSIGNMENT OF CONTRACT FOR
CONSTRUCTION


 


This ASSIGNMENT OF CONTRACT FOR CONSTRUCTION (the “Assignment”) is made this 30th
day of March,  2007, by OTTER TAIL AG ENTERPRISES, LLC, a
Minnesota limited liability company (the “Company”)
in favor of MMCDC NEW MARKETS FUND II, LLC,
a Delaware limited liability company (the “Lender”).


 


RECITALS


 


A.            Company and Lender have entered into
a Construction and Term Loan Agreement dated as of March 30, 2007 (as
amended, restated or otherwise modified from time to time, the “Loan Agreement”),
pursuant to which Lender will make certain loans to Company for the purposes of
acquiring, constructing, equipping, and furnishing an ethanol production
facility to be located near the City of Fergus Falls, Otter Tail County,
Minnesota (the “Project”).


 


B.            As a condition to extending the
loans to Company, Lender has required the execution of this Assignment by
Company.


 


AGREEMENT


 


Accordingly, in
consideration of the foregoing, the parties agree as follows:


 


1.             Company does hereby grant, assign,
transfer and set over unto the Lender all of its right, title and interest in
and to that certain Contract for Construction dated October 24, 2006 (the “Contract”) by and between Company and Riley Bros. Construction, Inc.,
a Minnesota corporation, doing business as Riley Brothers Companies, with a
registered address of East 7th
Street & Highway 59 Bypass, Morris, Minnesota 56267 (“Contractor”), providing for certain grading, streets, sewer
and utility work and other services necessary to complete the work described in
the Contract, a true and correct copy of which is attached to this Assignment
as Exhibit A.


 


2.             Company
agrees that Lender does not assume any of the obligations or duties of Company
under and with respect to the Contract unless and until Lender gives Contractor
and Company written notice that it has affirmatively exercised its right to
performance under the Contract following the occurrence of an Event of Default
under the Loan Agreement, which has not been cured within the applicable grace
period, if any. In the event that Lender does not personally undertake to
complete the Project or perform under the Contract, Lender has no liability
whatsoever for the performance of any such obligations or duties. For the
purpose of performing under the Contract, Lender may, in its absolute
discretion, reassign its right, title and interest in the Contract, upon notice
to Contractor and the Company, but without any requirement of Company’s
consent.


 


3.             Company
represents and warrants there have been no prior assignments of the Contract,
that the Contract is a valid and enforceable agreement, and that neither
Company nor Contractor is in default thereunder and that all covenants,
conditions and agreements have been performed as required therein, except those
not due to be performed until after the date hereof.


 

















 


Except
as permitted by the Loan Agreement, Company agrees that no material change in
the terms thereof shall be valid without the prior written approval of Lender,
which approval shall not be unreasonably withheld. Company agrees not to
assign, sell, pledge, mortgage or otherwise transfer or encumber its interest
in the Contract so long as this Assignment is in effect, except as otherwise
permitted under the Loan Agreement.


 


4.             Company
hereby irrevocably constitutes and appoints Lender as its attorney-in-fact to
demand, receive and enforce Company’s rights with respect to the Contract, to
make payments under the Contract and to give appropriate receipt, releases and
satisfactions for and on behalf of and in the name of Company, at the option of
Lender in the name of Lender, with the same force and effect as Company could
do if this Assignment had not been made.


 


5.             This
Assignment shall constitute a perfected, absolute and present assignment,
provided that Lender shall have no right under this Assignment to take any
actions under paragraph 4 of this Assignment or to enforce the provisions of
this Assignment or the Contract until an Event of Default occurs under the Loan
Agreement, which has not been cured within the applicable grace period, if any.
Upon the occurrence of any such Event of Default, Lender may, without affecting
any of its rights or remedies against Company under any other instrument,
document, or agreement exercise its rights under this Assignment as Company’s
attorney-in-fact in any manner permitted by law.


 


6.             Company hereby agrees to indemnify
and hold Lender harmless from and against any and all claims, demands,
liabilities, losses, lawsuits, judgments, and reasonable costs and expenses, including
without limitation reasonable attorneys’ fees, to which Lender may become
exposed, or which Lender may incur, in exercising any of its rights under this
Assignment.


 


7.             Upon
the repayment in full of all obligations due Lender by Company under the Loan
Agreement, the assignment granted herein shall terminate and all rights, title
and interest in and to the Contract shall revert back to Company. Upon any such
termination, Lender will, at the expense of Company, execute and deliver to
Company such documents as Company shall reasonably request to evidence the
termination of the assignment.


 


8.             Subject
to the aforesaid limitation of further assignment by Company, this Assignment
shall be binding upon Company, its successors and assigns, and shall inure to
the benefit of Lender, its successors and assigns.


 


9.             This Assignment can be waived,
modified, amended, terminated or discharged only explicitly in writing signed
by Lender and Company. A waiver signed by Lender shall be effective only in a
specific instance and for the specific purpose given. Mere delay or failure to
act shall not preclude the exercise or enforcement of any of Lender’s rights or
remedies hereunder. All rights and remedies of Lender shall be cumulative and
shall be exercised singularly or concurrently, at Lender’s option, and the
exercise or enforcement of any one such right or remedy shall neither be a
condition to nor bar the exercise of enforcement of any other.


 


10.           The
Company agrees that the Lender may, without the consent of the Company, assign
its right, title and interest in the Contract to any Persons succeeding to
Lender’s interest


 

















 


(or
any part thereof) under the Loan Agreement and any other Loan Documents, upon
written notice to the Company, and any such assignment shall be valid and
binding upon the Company. Nothing in this paragraph 10 shall modify any
obligation of the Lender to provide notice to the Contractor or obtain the
consent of the Contractor to an assignment of such interest as provided in the
Contract.


 


11.           All
capitalized terms used in this Assignment, but not otherwise defined herein,
shall have the meanings as set forth in the Loan Agreement.


 


[Signature contained on following
page]


 

















 


IN WITNESS WHEREOF, the Company has executed this Assignment of
Contract for Construction effective on the date first stated above.


 


	
   

  	
  COMPANY:

  
	
   

  	
   

  
	
   

  	
  OTTER
  TAIL AG ENTERPRISES, LLC,

  
	
   

  	
  a Minnesota limited
  liability company

  
	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By: Jerry Larson

  
	
   

  	
  Its: President

  



 

















 


EXHIBIT A


Contract for Construction

by and between Company and Contractor


 

















 


CONTRACTOR’S ACKNOWLEDGMENT AND
CONSENT


 


In
consideration of the Lender making the loan to the Company as described in the
foregoing Assignment of Contract for Construction (the “Assignment”), and notwithstanding any
provision to the contrary in the Contract, the undersigned (the “Contractor”) hereby consents to the
Assignment and acknowledges and agrees with Lender as follows:


 


1.             Contractor
has read the Assignment and this Contractor’s Acknowledgment and Consent (the “Consent”) and understands all of the
provisions therein and herein.


 


2.             Contractor
has entered into a contract with the Company, a true and correct copy of which
is attached as Exhibit A (the “Contract”),
pursuant to which the Contractor has agreed to furnish and perform certain
grading, streets, sewer and utilities and other services in connection with
construction of the Project.


 


3.             The
Contract is in full force and effect and has not been amended or assigned, and
no event has occurred or failed to occur as of the date hereof which, but for
the passage of time or the giving of notice or both, would be a default
thereunder.


 


4              The Assignment is a perfected,
absolute and present assignment, provided that Lender has no right under the
Assignment to take any actions under paragraph 4 of the Assignment or enforce
the provisions of the Contract until an Event of Default occurs under the Loan
Agreement, which has not been cured within the applicable grace period, if any.


 


5.             Upon the occurrence of an Event of
Default under the Loan Agreement, which has not been cured within the
applicable grace period, if any, Contractor shall at Lender’s request continue
performance on Lender’s behalf under the Contract in accordance with the terms
thereof, provided that Contractor shall be reimbursed in accordance with the
Contract for all work, labor and materials rendered on Lender’s behalf. In the
event that Lender elects to complete the Project or otherwise exercise its
rights to performance under the Contract after an Event of Default by the Company
under the Loan Agreement, the Contractor agrees that it will not terminate the
Contract


 


6.             Without
Lender’s specific written approval, which approval shall not be unreasonably
withheld, Contractor shall not perform work pursuant to any material change
order, except as otherwise provided in the Loan Agreement.


 


7.             Lender
may enforce the obligations of the Contract with the same force and effect as
if enforced by Company and may perform the obligations of Company. The
Contractor will accept such performance in lieu of performance by Company and in
full satisfaction of Company’s obligations of those obligations for which
performance is made.


 


8.             Contractor
will give Lender prompt written notice of any default by Company under the
Contract or of Contractor’s intention to terminate the Contract.
Notwithstanding any provision in the Contract to the contrary, Contractor will
not terminate the Contract for any reason without sending written notice of
termination to Lender and Company, and providing


 

















 


Lender
forty-five (45) days to cure any default under the Contract or to commence
completion of construction of the Project. In the event Lender elects to
complete the Project, the undersigned agrees not to terminate the Contract, so
long as any defaults of the Company thereunder are cured by Lender within a
reasonable time. However, nothing herein shall require Lender to cure any
default of Company under the Contract.


 


9.             All
capitalized terms used in this Acknowledgement and Consent, but not otherwise
defined herein, shall have the meanings as set forth in the Loan Agreement.


 


Dated:
3-30, 2007


 


	
   

  	
  CONTRACTOR:

  
	
   

  	
   

  
	
   

  	
  RILEY
  BROS. CONSTRUCTION, INC., a

  
	
   

  	
  Minnesota
  corporation, dba Riley Brothers 

  Companies

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/
  John Riley

  	
   

  
	
   

  	
  Its:

  	
  V
  President

  	
   

  



 

















 


EXHIBIT A


 


SWORN CONSTRUCTION STATEMENT


 


SWORN CONSTRUCTION STATEMENT


 


OWNER: Otter Tail Ag Enterprises,
LLC


PROPERTY AT: See Attached
Exhibit A


 


IMPORTANT
NOTICE: This statement must be complete as to names of all persons and
companies furnishing labor and/or material on the premises herein. Any increase
in cost, from changes in construction or otherwise, must be forthwith reported
to the DISBURSING AGENT with additional deposits to cover such increase in
cost.


 


	
   

  	
   

  	
  ITEMS

  	
   

  	
  FURNISH BY

  	
   

  	
  TOTAL COST

  	
   

  	
  AMT PAID

  	
   

  	
  BALANCE

  	
   

  
	
  1

  	
   

  	
  Concrete Work/Curb & Gutter

  	
   

  	
  Knight
  Construction

  	
   

  	
  391,725.10

  	
   

  	
  —

  	
   

  	
  391,725.10

  	
   

  
	
  2

  	
   

  	
  Pavement
  Markings

  	
   

  	
  Swenston
  Equipment Co.

  	
   

  	
  13,282.20

  	
   

  	
  —

  	
   

  	
  13,282.20

  	
   

  
	
  3

  	
   

  	
  Traffic
  Signage

  	
   

  	
  Northstar
  Safety, Inc.

  	
   

  	
  10,800.00

  	
   

  	
  —

  	
   

  	
  10,800.00

  	
   

  
	
  4

  	
   

  	
  Enviropane

  	
   

  	
  Century
  Group

  	
   

  	
  15,000.00

  	
   

  	
   

  	
   

  	
  15,000.00

  	
   

  
	
  5

  	
   

  	
  PVC Pipe

  	
   

  	
  Fargo Water
  Equipment

  	
   

  	
  167,427.40

  	
   

  	
  28,648.64

  	
   

  	
  138,778.76

  	
   

  
	
  6

  	
   

  	
  RCP

  	
   

  	
  Hancock
  Concrete

  	
   

  	
  163,890.64

  	
   

  	
  156,282.87

  	
   

  	
  7,607.77

  	
   

  
	
  7

  	
   

  	
  Pump

  	
   

  	
  ND Sewage
  Pump Co, Inc.

  	
   

  	
  20,000.00

  	
   

  	
   

  	
   

  	
  20,000.00

  	
   

  
	
  8

  	
   

  	
  Borrow/Class 5/etc.

  	
   

  	
  Randy Mann

  	
   

  	
  500,980.71

  	
   

  	
  69,356.00

  	
   

  	
  431,624.71

  	
   

  
	
  9

  	
   

  	
  Dirt Work/Labor

  	
   

  	
  Riley Bros.
  Construction, Inc

  	
   

  	
  1,460,423.54

  	
   

  	
  713,551.69

  	
   

  	
  746,871.85

  	
   

  
	
  10

  	
   

  	
  Borrow/Class 5/etc.

  	
   

  	
  Aggregate
  Industries

  	
   

  	
  1,825.95

  	
   

  	
  1,825.95

  	
   

  	
  —

  	
   

  
	
  11

  	
   

  	
  Borrow/Class 5/etc.

  	
   

  	
  Delzer
  Construction

  	
   

  	
  156.00

  	
   

  	
  156.00

  	
   

  	
  —

  	
   

  
	
  12

  	
   

  	
  Crushing

  	
   

  	
  Alex Gravel
  Products

  	
   

  	
  94,703.84

  	
   

  	
  94,703.64

  	
   

  	
  —

  	
   

  
	
  13

  	
   

  	
  RCP

  	
   

  	
  Johnson
  Farge Culvert

  	
   

  	
  259.17

  	
   

  	
  259.17

  	
   

  	
  —

  	
   

  
	
  14

  	
   

  	
  Bond

  	
   

  	
  Willis of MN

  	
   

  	
  2,500.00

  	
   

  	
  2,500.00

  	
   

  	
  —

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  SUBTOTAL

  	
   

  	
  2,842,974.55

  	
   

  	
  1,067,284.16

  	
   

  	
  1,775,690.39

  	
   

  



 

















 


STATE
OF                          )


SS.


COUNTY OF                      )


 


The undersigned being first duly sworn, for himself
as a duly authorized representative of
                              
(“Contractor”) certifies, represents, and deposes to owner and owner’s lenders
and other financial sources, and says that the foregoing are the names
Contractor and of all parties having contracts or subcontracts for specified
portions of the work to be completed by Contractor on said property in
connection with the construction of the Otter Tail Ag Enterprises, LLC ethanol
plant, or material entering into the construction thereof, and the amounts due
and to become due to Contractor and each of said parties, that the items
mentioned include all labor and material required to complete the portion of
the buildings or other construction of said project within the scope of
Contractor according to plans and specifications, that there are no other
contracts outstanding for work to be completed by Contractor; and that there is
not due or to become due to any person for material, labor or other work of any
kind done upon said project other than as above stated. The undersigned further
deposes and says that no increase in the cost of construction will be made
under any circumstances without furnishing information on same to the
DISBURSING AGENT with additional deposits to cover such increase if the
available project sources of funds are insufficient to cover the change; that,
in the event of any such increase, no orders or claims will be made to said
company untill such Information and additional deposits shall have been
completed; that the purpose of said statement is to induce said company to pay
out the proceeds of a loan or loans of up to the total project costs of
$126,000,000.00 secured by one or more mortgages on said property; and that,
upon payment of the specific unpaid Items listed herein, the undersigned
Contractor hereby agrees to waive all claims of priority to said mortgages and
will save said owner and said lenders and other financial sources harmless as
priority of lien for any labor or material, furnished or to be furnished, for
completion of construction


 


 


	
  /s/
  Jamey Zenzen

  	
   

  
	
  Contractor

  



 


The foregoing instrument was acknowledged before me
this 21 day of March, 2007.


 


 


	
  by

  	
  /s/
  Jeffrey Gerald Anderson

  	
   

  
	
  NOTARY STAMP

  



 


Signature
of Notary Pubic