**Exhibit10.3**

**CONFIDENTIALTREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEENREQUESTED IS OMITTED AND NOTED WITH “***”. AN UNREDACTED VERSION OF THISDOCUMENT HAS BEEN PROVIDED TO THE SECURITIES AND EXCHANGE COMMISSION.**

**ENGINEERING, PROCUREMENT ANDCONSTRUCTION SERVICES**

**FIXED PRICE CONTRACT**

**BETWEEN**

**KIEWIT ENERGY COMPANY**

**AND**

**AVENTINE RENEWABLE ENERGY - MT. VERNON, LLC**

**LOCATION****:  MT. VERNON, INDIANA**

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**INDEX**
| Article | ** ** | ** ** | **page  number**                                         |
|---------|------------|------------|----------------------------------------------------------|
|    |       |       |                                                     |   |   |
|    |  1.   |       | Defined Terms and Order of  Precedence                   |   | 1 |
|    |       |       |                                                     |   |   |
|    |  2.   |       | kiewit’s scope of work                              |   | 7 |
|    |       |       |                                                     |   |   |
|    |  3.   |       | information, goods and  services to be provided by owner |   | 10 |
|    |       |       |                                                     |   |   |
|    |  4.   |       | site conditions                                          |   | 12 |
|    |       |       |                                                     |   |   |
|    |  5.   |       | schedule                                                 |   | 12 |
|    |       |       |                                                     |   |   |
|    |  6.   |       | changes                                                  |   | 14 |
|    |       |       |                                                     |   |   |
|    |  7.   |       | commissioning, testing, and  performance                 |   | 17 |
|    |       |       |                                                     |   |   |
|    |  8.   |       | price and payment                                        |   | 24 |
|    |       |       |                                                     |   |   |
|    |  9.   |       | rights of owner and kiewit  to suspend work or terminate |   | 30 |
|    |       |       |                                                     |   |   |
|    | 10.        |       | safety and security                                      |   | 33 |
|    |       |       |                                                     |   |   |
|    | 11.        |       | project execution                                        |   | 34 |
|    |       |       |                                                     |   |   |
|    | 12.        |       | warranty                                                 |   | 37 |
|    |       |       |                                                     |   |   |
|    | 13.        |       | transfer of title and risk  of loss                      |   | 38 |
|    |       |       |                                                     |   |   |
|    | 14.        |       | insurance                                                |   | 39 |
|    |       |       |                                                     |   |   |
|    | 15.        |       | Indemnity                                                |   | 42 |
|    |       |       |                                                     |   |   |
|    | 16.        |       | consequential damages and  limitations of liability      |   | 44 |
|    |       |       |                                                     |   |   |
|    | 17.        |       | intentionally deleted                                    |   | 46 |
|    |       |       |                                                     |   |   |
|    | 18.        |       | dispute resolution                                       |   | 47 |
|    |       |       |                                                     |   |   |
|    | 19.        |       | force majeure event                                      |   | 48 |
|    |       |       |                                                     |   |   |
|    | 20.        |       | general provisions                                       |   | 49 |

 

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**List of Exhibits**
| A. |   | Scope of Work and Technical Specifications    |
|----|--------|-----------------------------------------------|
| B. |   | Commercial Terms                              |
| C. |   | Performance Test Protocol                     |
| D. |   | Geotechnical Report                           |
| E. |   | Mechanical Completion, Commissioning, Startup |
| F. |   | Project Schedule                              |
| G. |   | Aventine Guaranty                             |
| H. |   | Air Permit                                    |
| I. |   | EPC Guaranty                                  |
| J. |   | Plant Site Legal Description                  |
| K. |   | Form of Notice to Proceed                     |
| L. |   | Permits/Kiewit to obtain                      |
| M. |   | Permits/Owner to obtain                       |
| N. |   | [Intentionally Omitted]                       |
| O. |   | Hold Points                                   |
| P. |   | Cost of Preliminary Site Work                 |
| Q. |   | Tax Exemptions and Concessions                |
| R. |   | Cash Curve                                    |
| S. |   | Owner’s Safety Standards                 |
| T. |   | Major Subcontractors                          |
| U. |   | Manufacturers not covered by Indemnity        |

 

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**ENGINEERING, PROCUREMENT AND CONSTRUCTION SERVICESFIXED PRICE CONTRACT**

**GENERAL CONDITIONS**

THIS CONTRACT, is made this 31 day of May, 2007by and between Aventine Renewable Energy - Mt. Vernon, LLC, a limited liabilitycompany organized and acting under and pursuant to the laws of Delaware andhaving its main place of business at 1300 South 2nd Street, Pekin, Illinois 61554 (hereinaftercalled the “Owner”) and Kiewit Energy Company, a corporation organized andacting under and pursuant to the laws of Delaware and having its main place ofbusiness at 7906 North Sam Houston Parkway West, Suite 300, Houston, Texas,77064, (hereinafter called “Kiewit”). Owner and Kiewit may sometimes be referred to herein individually as a “Party”or jointly as the “Parties.”

**W IT N E S S E T H:**

WHEREAS, Kiewit is engaged in the performance ofengineering, procurement and construction services; and,

WHEREAS, Owner desires Kiewit to furnish andperform certain engineering, procurement and construction services;

NOW, THEREFORE, in consideration of the premises and themutual covenants and conditions herein contained, it is agreed as follows:

**1.             DefinedTerms and Order of Precedence**

**1.1****                              ****Defined Terms:**  The following words, when capitalized, shallhave the meanings set forth below:

**Air Permit:**  “AirPermit” means the air permit that Owner anticipates receiving in accordancewith the emissions summary attached as Exhibit H hereto.

**Applicable Laws:**  “ApplicableLaws” means all laws from time to time applicable to the Plant, Kiewit, theSubcontractors, Owner and the performance of the Work, including (i)

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laws relating to minimum wages, equalopportunity employment, industrial safety, insurance, worker’s compensation,building codes and similar matters and environmental matters, and (ii) federal,state or local governmental agency laws, regulations and rulings (including anydepartment or unit thereof) involved in the collection of taxes or theenforcement of tax laws.

**Aventine Guaranty:**  “AventineGuaranty” means the parent guaranty to be provided by Aventine Renewable EnergyHoldings, Inc. substantially in the form attached as Exhibit G.

**AWA:** “AWA” means that certain Advanced WorkAgreement dated March 12, 2007 between Aventine Renewable Energy Holdings, Inc.and Delta-T.

**Business Day:**  “BusinessDay” means any Day except for a Saturday, a Sunday, or a Day on which banks inthe State where the Plant Site is located are authorized or obligated by Law toclose.

**Commissioning:**  “Commissioning”means checking and preparation of the Plant for operation, functional controlloop checking, interlock testing, system purging and utility system startups toconfirm that the Plant is ready for Startup, as described in Exhibit E.

**Confidential Information:**  “ConfidentialInformation” shall have the meaning ascribed to that term in the LicenseAgreement.

**Construction Manager:**  “ConstructionManager” means the individual designated from time to time in writing by Kiewitunder Section 11.1 below.

**Contract:**  “Contract”means these General Conditions, the attached Exhibits A through U, and alladditions or modifications thereto made in accordance with Section 20.2 below.

**Contract Sum:**  “ContractSum” means the sum set forth in Section 8.1 below, or such greater or lesseramount as may be determined in accordance with Section 8.1 and Article 6 below.

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**Date of Commencement:**  “Dateof Commencement” means the date on which Owner provides Kiewit with the Noticeto Proceed.

**Day:**  “Day”means calendar day.

**Delta-T:**  “Delta-T”means Delta-T Corporation, incorporated under the laws of the Commonwealth ofVirginia, and the process technology designer for the Plant.

**Delta-T License Fee:** The technology license fee charged for the Delta-T Technology, which feeis not included in the Contract Sum, all in accordance with the LicenseAgreement.

**Delta-T Technology:**  “Delta-TTechnology” shall have the meaning ascribed to that term in the LicenseAgreement.

**Environmental Laws:**  “Environmental Laws” shall meanand include any federal, state or local statute, law, rule, regulation, ordinance,code, policy, rule of common law, judicial order, administrative order, consentdecree, or judgment now or hereafter in effect, in each case, as has beenamended from time to time, relating to the environment, health or safety,including the National Environmental Policy Act (42 U.S.C. (S)4321 et seq.),the Comprehensive Environmental Response, Compensation and Liability Act of1980 (42 U.S.C. (S)9601 et seq.), as amended by the Superfund Amendments andReauthorization Act of 1986, the Resource Conservation and Recovery Act (42U.S.C. (S)6901 et seq.), as amended by the Hazardous and Solid Waste Amendmentsof 1984, the Hazardous Materials Transportation Act (49 U.S.C. (S)1801 etseq.), the Toxic Substances Control Act (15 U.S.C. (S)2601 et seq.), the CleanWater Act (33 U.S.C. (S)1321 et seq.), the Clean Air Act (42 U.S.C. (S)7401 etseq.), the Occupational Safety and Health Act (29 U.S.C. (S)651 et seq.), theFederal Water Pollution Control Act (33 U.S.C. (S)1251 et seq.), the SafeDrinking Water Act (42 U.S.C. (S)3808 et seq.), and any similar federal, stateor local laws, ordinances or regulations implementing such laws;

**Equipment:**  “Equipment”means the equipment, facilities, buildings, fixtures and other tangibleproperty provided by Kiewit, either directly, or indirectly through its

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Subcontractors, as described in Exhibit A andexcepting any and all real property and property to be provided by Owner.

**EPC Guaranty:**  “EPCGuaranty” means the parent guaranty to be provided by Kiewit Energy Limited,substantially in the form attached as Exhibit I.

**Final Acceptance:**  “FinalAcceptance” means that (i) Kiewit has achieved Substantial Completion, (ii)Kiewit has met 100% of all of the Performance Guarantees or paid anyperformance liquidated damages owed under the provisions of this Contract,(iii) all of the items on the Punch List signed by both Owner and Kiewit havebeen completed (iv) all lien waivers, or affidavits, required under Section 8.6have been delivered, (v) all drawings and other documents identified on ExhibitA as documents to be delivered by Kiewit to Owner have been delivered, and (vi)Kiewit has complied with its assignment and novation obligations pursuant tothis Contract.

**Force Majeure Event:**  “ForceMajeure Event” has the meaning set forth in Article 19.

**General Conditions:**  “GeneralConditions” means all portions of this Contract other than the attachedExhibits.

**Good Industry Standards:**  “GoodIndustry Standards” means generally accepted practices and standards of careand diligence normally practiced or approved by the leading persons engaged inperforming work similar to the Work.

**Governmental Entity:**  “Governmental Entity” shallmean and include the State, County, and City where the Plant Site is located,the United States Environmental Protection Agency, the United States Departmentof Labor, the United States Department of Transportation, any successorsthereto, or any other federal, state or local governmental agency now orhereafter regulating substances and materials in the environment located at oradjacent to the Plant Site

**Guaranteed Substantial Completion Date:**  “GuaranteedSubstantial Completion Date” shall have the meaning set forth in Section 5.1.

**Hazardous Substances:**  “Hazardous Substances” means (a) any solid, gaseous or liquid wastes (including hazardous wastes), hazardous air pollutants, hazardous

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substances, hazardous materials, regulated substances, restricted hazardous wastes, hazardous chemical substances or mixtures, toxic substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law and as such definition may change from time to time, (b) any substance or material which now or in the future is known to constitute a threat to health, safety, property or the environment or which has been or is in the future determined by any Governmental Entity to be capable of posing a risk of injury to health, safety, property or the environment or exposure to which is prohibited, limited or regulated by any Environmental Law or Governmental Entity, including all of those materials, wastes and substances designated now or in the future as hazardous or toxic by any Governmental Entity, and (c) any petroleum or petroleum products or by-products, radioactive materials, asbestos, whether friable or non-friable, urea formaldehyde foam insulation, polychlorinated biphenyls, or radon gas; and (d) “including” shall be deemed to mean “including, without limitation.

**Kiewit’s Project Manager:**  “Kiewit’sProject Manager” means the individual designated from time to time by Kiewit inwriting as having the responsibilities described at Section 11.1 below.

**License Agreement:**  “LicenseAgreement” means that certain License Agreement dated on or about May 29, 2007between Delta-T and Owner.

**Mechanical Completion:**  “MechanicalCompletion” means that the Plant has satisfied all of the conditions toMechanical Completion set forth at Exhibit E.

**Nameplate:**  “Nameplate”shall mean 108,000,000 gallons per year of un-denatured ethanol and 113,000,000gallons per year of denatured ethanol.

**Notice to Proceed:**  “Noticeto Proceed” means a notice in the form of Exhibit K hereto.

**Owner’s Representative:**  “Owner’sRepresentative” means the individual designated from time to time by Owner inwriting as having the responsibilities described at Section 11.2 below.

**Performance Guarantees:**  “PerformanceGuarantees” means the Performance Guarantees identified in Section 7.3 below.

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**Performance Test:**  “PerformanceTest” or “Performance Tests” means the tests defined in Exhibit C hereto.

**Plant:**  “Plant”means the ethanol plant to be constructed for Owner under this Contract on thePlant Site.

**Plant Site:**  “PlantSite” means the site described in Exhibit J hereto.

**Pre-EPC Agreement:**  “Pre-EPCAgreement” means that certain Mt. Vernon Pre-EPC Agreement dated March 28,2007, as amended, between Owner and Kiewit.

**Punch List:**  “PunchList” means a list of all portions of the Work, if any, which are incomplete ordo not conform to the Contract and which shall be generated and initiated byOwner as of the date of Mechanical Completion; provided, however, such listshall include only those items of Work (i) that do not preclude the Plant fromachieving Startup, (ii) the absence of which does not create any occupationalhazard or hazard to the Work, and (iii) the completion of which is not expectedto affect in any material respect or unreasonably interrupt or interfere withthe operability, safety, or mechanical integrity of the Plant in accordancewith good industry practices.  The PunchList shall be updated by Owner from time to time after Mechanical Completionuntil Final Acceptance has been achieved.

**Schedule:**  “Schedule”means the schedule set forth in Exhibit F, as amended from time to time bymutual agreement of the Parties in accordance with this Contract.

**Services:**  “Services”means the services to be performed by Kiewit described in Exhibit A.

**Startup:**  “Startup”means the commencement of operation of the Plant for the purposes of eithercommencing the Performance Test or for commercial purposes, as described inExhibit E.

**Subcontractors:**  “Subcontractors”means all subcontractors, vendors, suppliers, consultants, and any othersuppliers of materials, services or labor at any tier contracted to contributeto performing the Work.

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**Substantial Completion:**  “SubstantialCompletion” means that the Plant has satisfied all of the conditions tosubstantial completion set forth at Exhibit E.

**Work:**  “Work”means the obligations of Kiewit to be performed whether by it or its Subcontractorsunder this Contract including, without limitation, all design, workmanship,materials, Services and Equipment required under Exhibits A, C, E and F.

**1.2****                              ****Order of Precedence:**In the event of any conflict between these General Conditions and the Exhibitshereto, these General Conditions shall be controlling.

**2.             Kiewit’sScope of Work**

**2.1****                              ****Description of Work:**  Kiewit shall, in addition to its obligationsunder these General Conditions, provide the Equipment and Services identifiedas within Kiewit’s scope of Services as set forth in Exhibit A, and all otherdocuments, drawings, specifications, information and services identified aswithin Kiewit’s scope of Services as set forth in Exhibit A; all in accordancewith these General Conditions and the Exhibits attached thereto and thespecifications set out in Exhibit A. Kiewit represents that Kiewit is not aware of any physical, financial orlegal matters that would prevent Kiewit from fulfilling its obligations hereunderor impede performance of Kiewit’s obligations under this Contract in accordancewith the Schedule.

Without limiting the foregoing, the Work shallinclude performing, providing or procuring when and as necessary to permitprogress of the Work to proceed in accordance with the Schedule (except forthose activities, services and items for which Owner bears responsibilitypursuant to Article 3):

(i)                                     all construction, installation,commissioning and testing activities and services (including projectmanagement) necessary to conduct the Work and complete the Plant in accordancewith this Contract;

(ii)                                  all work materials necessary to conductthe Work and complete the Plant in accordance with this Contract (including allnecessary transport thereof);

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(iii)                               all work forces necessary to conduct theWork and complete the Plant in accordance with this Contract (including allskilled and unskilled labor, supervisory, quality assurance and supportservices personnel);

Kiewit shall also perform, provide or procurethose activities, services and items, whether or not specifically describedabove, in the Scope of Work or elsewhere in this Contract, if such performance,provision or procurement is necessary to complete the Plant so that it complieswith the Contract or may otherwise reasonably be inferred in accordance withGood Industry Standards; provided that Kiewit shall not be responsible forperforming, providing or procuring those activities, services and items forwhich Owner bears responsibility pursuant to Article 3.

Except as otherwise specified in this Contract,Kiewit shall carry out all of its obligations under this Contract at its owncost.

**2.2****                              ****Permits:**  Kiewit shall, at its expense, secure allpermits identified as permits to be procured by it in Exhibit L.  Owner shall, at Owner’s expense, secure allpermits identified as permits to be procured by it in Exhibit M.  All other permits required by applicable lawor regulation shall be secured by the Party which is already tasked to obtainpermits most similar in nature to the permit in question.  Each Party shall cooperate with and providereasonable assistance to each other in obtaining all permits required to beobtained by such Party, such assistance shall include preparing drawings,technical documentation and any other documentation required for said permits.

**2.3****                              ****Drawings:**  Kiewit shall, upon completion of the Work andprior to Final Acceptance, deliver to Owner a complete set of “as built”drawings in both electronic form and as hard copies.

**2.4****                              ****License of Certain Documents and Drawings:**  Kiewit and its Subcontractors, as applicable,shall retain ownership of the copyright in, and any and all inventions andtrade secrets embodied in, the documents and drawings delivered to Owner underthis Contract other than those included in the Delta-T Technology, whichownership shall remain with Delta-T. Kiewit hereby grants Owner a non-exclusive, paid-up, non-transferable right(except in the event of a

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saleof the Plant in which case, such rights shall be transferred to the transfereeand any subsequent transferee of the Plant) to perpetually use any and all suchinventions and trade secrets (other than those included in the Delta-TTechnology, the license for which is governed by the License Agreement) for usewith respect to the Plant, including, without limitation, maintenance andoptimization or enhancement of the Plant.

**2.5****                              ****Environmental**

Kiewit:

(i)                                     shall ensure that in carrying out theWork:

(a)                                  it complies with all Applicable Laws, allspecifications in any operating permits and other requirements of the Contractfor the protection of the environment; and

(b)                                 it does not cause actionable nuisance ordamage to persons, property or the environment;

(ii)                                  shall make good any pollution,contamination or damage to the environment arising out of Kiewit’s failure tocomply with all Applicable Laws or other requirements of the Contract for theprotection of the environment.

**2.6****                              ****Quality Assurance Procedure**

The Work shall be performed in accordance withKiewit’s quality assurance procedures; provided, that suchprocedures shall be at least as stringent as those of Good Industry Standards.

Within thirty (30) days following the effectivedate of the Notice to Proceed, Kiewit shall make its quality assurance/qualitycontrol manuals available for inspection for the purpose of verifying thatKiewit’s quality assurance/quality control procedures are being followed inrespect of the Work.

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To the extent any Work is defective due to thefailure to follow such procedures, Kiewit shall correct all portions of theWork in respect of which such procedures have not been followed.  In case of a conflict between the Scope ofWork described on Exhibit A and such procedures, said Scope of Work shallcontrol.

**2.7****                              ****Uncovering:**

Kiewit shall (i) provide notice to Owner three(3) Business Days before it will cover Work to be inspected by Owner as listedspecifically as a hold point in Exhibit O and (ii) work in good faith toprovide adequate notice for third party inspections for the remaining holdpoints listed in Exhibit O.  If any portionof the Work should be covered contrary to the foregoing sentence, Owner mayrequire that the portion of the Work be uncovered for inspection andsubsequently be recovered, all at Kiewit’s expense.

In addition, at any time Owner may request thatOwner be afforded the opportunity to inspect a portion of the Work which hasbeen properly covered and Kiewit shall uncover the same.  If the Work is found to be in accordance withthe terms of this Contract, the cost of such uncovering shall be paid by Ownerand the Schedule shall be extended, by appropriate Change Order.  If the portion of the Work is found not to bein accordance with this Contract, Kiewit shall bear the costs of such coveringand uncovering.

**3.             Information,Goods and Services to Be Provided by Owner**

**3.1****                              ****Specific Goods and Services:**  Owner shall provide the following:  (a) prior to commencement of any Work byKiewit, a Plant Site for construction of the Plant, complete with adequatelocation thereon for office, parking, and storage needs of Kiewit duringconstruction, (b) reasonably unrestricted access to the Plant Site as describedin Exhibit J, (c) adequate power, water, natural gas, and sanitary sewerutilities necessary for Kiewit’s performance of the Work, and (d) all permitsand licenses identified to be procured by Owner in Exhibit M, and (e) aCertificate from Owner’s Chief Financial Officer evidencing that it has securedfinancing or finances sufficient to permit Owner to pay all its financialobligations in connection with building of the Plant, including payment of allamounts due to Kiewit.  Owner shallprovide the following prior to commencement of the Performance Test: (i)Operations personnel required to be trained by Kiewit, at

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thetime(s) needed to meet the training plan described at Exhibit A pursuant toSection 7.11 below and (ii) supplies and utilities required to perform Owner’sobligations with respect to the Performance Tests under Exhibit C.

**3.2****                              ****Other Goods and Services:**  Owner shall also furnish to Kiewit, at Owner’sexpense, (i) all documents, drawings, specifications, information and servicesdescribed in Exhibit A, as being provided by Owner; (ii) the identification ofthe existence and location of subsurface obstructions and conditions, soildata, and specific criteria for foundation design relevant to the Work (as setforth in the Geotechnical Report in Exhibit D); (iii) adequate arrangementdrawings, utility requirements and process connections of all those existingitems of machinery and equipment of existing facilities, if any, with which theWork must interconnect, sufficient for Kiewit’s performance of the Work; and(iv) all other documents, drawings, specifications, information and services,if any, identified as within the Owner’s scope of services in Exhibit A.  Kiewit shall be entitled to rely upon suchdata and design criteria enumerated above, including any draft documentation,to the extent final documentation is not available at the time the Work isperformed, in the performance of the Work. Kiewit acknowledges and agrees that the scope of the GeoTechnical Reportis sufficiently detailed and comprehensive and Kiewit shall be entitled torelief in accordance with Article 6 to the extent subsurface conditions are notas indicated in such GeoTechnical Report, except to the extent subsurfaceconditions are reasonably foreseeable from the GeoTechnical Report.  To the extent any such information providedby Owner is inaccurate or changes in any material respect, Kiewit shall beentitled to a change in the Work in accordance with Article 6.  Owner shall provide all such items within thetimes prescribed in the Schedule, or if no time is prescribed, within the timereasonably required to allow Kiewit to perform its obligations under thisContract.  Owner represents that Owner isnot aware of any physical, financial or legal matters that would prevent Ownerfrom fulfilling its obligations hereunder or impede performance of the Owner’sobligations under this Contract in accordance with the Schedule. If Kiewitbecomes aware of any error in a document, drawing, specification or otherinformation supplied by Owner it will promptly notify Owner of the same.  Kiewit shall, however, have no liability ofany

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kindwith respect to any such error of which it is not actually aware.  In addition, Owner shall be fully responsiblefor providing all goods and services, if any, that become necessary as a resultof the discovery of materials with archeological significance or HazardousSubstances at the Plant Site except: (i) Hazardous Substances that were broughtonto the site by Kiewit (or any of its Subcontractors); (unless subsequentlynegligently released by Owner or its other contractors or agents), or (ii)  which arise out of the  negligent exacerbation of a knownenvironmental condition by Kiewit or its Subcontractors.

**3.3****                              ****License Agreement:**  Concurrently with the execution of thisContract, Owner and Delta-T shall enter into the License Agreement.  In the event this Contract is terminated forany reason, the License Agreement will remain in effect in accordance with theterms and provisions of the License Agreement.

**4.             SiteConditions:**  If conditions are encountered at the PlantSite which materially differ from conditions shown in or indicated as likely byany drawing, document or other information (including, but not limited to theGeotechnical Report in Exhibit D), if any, that Owner is required to deliver toKiewit under Article 3 above, or which is contained in this Contract, thennotice by the observing Party shall be given to the other Party promptly. Ifany such condition causes any material increase or decrease in Kiewit’s costof, or time required for, performance of any part of the Work, or any materialincrease or decrease in any other obligation of Kiewit, Owner shall within ten(10) Business Days of receipt of a change order request from Kiewit, issue achange order in accordance with Article 6 below.

**5.             Schedule**

**5.1****                              ****Schedule:**  Kiewit guarantees that Substantial Completionof the Work will be achieved no later than, the later of (i) *** or (ii) ***, (“GuaranteedSubstantial Completion Date”). Owner will not provide Kiewit the Notice toProceed until the Air Permit is issued and any permits or approval necessary toprovide reasonably unrestricted access to the Plant Site in order for Kiewit tobe able to perform the Work are issued and/or obtained.   In the event of a delay in SubstantialCompletion not permitted by the terms of this Contract, except as otherwise setforth in this Section 5.1, Kiewit’s sole and exclusive liability and Owner’ssole and exclusive remedy for such delay shall be:  (i) Days 1 — 30, $ ***, (ii) Days 31 — 60,

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***,and (iii) Days 61 plus, $ *** (the “Base LDs”); provided, however, in the eventany such delay in Substantial Completion is due to a defect in Delta-T’s scopeof work under Kiewit’s subcontract with Delta-T, then, except as otherwise setforth in this Section 5.1, Kiewit’s sole and exclusive liability and Owner’ssole and exclusive remedy for such delay shall be $ *** per Day (the “ReducedLDs”) commencing on the 31st Day after the Guaranteed SubstantialCompletion (the “Reduced LD Date”) (unless (x) during the thirty (30) dayperiod between the Guaranteed Substantial Completion Date and the Reduced LDDate a problem arises due to Owner (other than Owner’s exercise of its rightsunder this Contract) which prevents reaching Substantial Completion by theReduced LD Date in which event the Reduced LD Date will be extended by thenumber of days such problem causes Substantial Completion not to be achieved or(y) on the Reduced LD Date Substantial Completion has not been achieved due toa defect in Delta-T’s scope of work under Kiewit’s subcontract with Delta-Tinvolving a delay in equipment delivery beyond Delta-T’s control (including adelay in delivery of replacement equipment beyond Delta-T’s control whichreplacement equipment was due to equipment failure) in which event the ReducedLD Date will be extended until such equipment is delivered to the Plant Site);provided further; however, in the event any such delay in SubstantialCompletion is due both to a defect in Delta-T’s scope of work under Kiewit’ssubcontract with Delta-T and also to other reasons for which the Base LDs wouldapply (the “Base LD Causes”), then until such time as the Base LD Causes areremedied such that the only remaining reason, if any, Substantial Completion isnot achieved is due to a defect in Delta-T’s scope of work under Kiewit’ssubcontract with Delta-T, then the Base LDs shall be paid by Kiewit to Ownerand not the Reduced LDs, and once such Base LD Causes are so remedied, if thedefects in Delta-T’s scope of work under Kiewit’s subcontract with Delta-T havenot been remedied so that Substantial Completion has not yet been reached, thenthe Reduced LDs shall be paid by Kiewit to Owner until Substantial Completionis reached.  In addition to theforegoing, and notwithstanding any other provision of this Contract, butsubject to Section 16.1, in the event Substantial Completion is not reached bythe Guaranteed Substantial Completion Date, Kiewit and Owner agree to worktogether and with Delta-T in a

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commerciallyreasonable and expeditious manner in order to reach Substantial Completion atthe earliest possible time.  Kiewit shalluse all reasonable efforts to comply with Owner’s wishes with respect tochanges in Schedule, but any i) material adjustment requested by Owner to theSchedule; or ii) Owner’s inappropriate disapproval of deliverables as morefully set forth in Section 11.3.2, shall be deemed a change and Kiewit shallhave no obligation to slow down or accelerate its performance of the Workexcept in accordance with Article 6 below.

**5.2****                              ****Threshold.**  Upon obtaining Substantial Completion, Kiewitshall have *** days thereafter to increase the output of merchantable ethanolproduct of the Plant from *** of the Nameplate to *** of the Nameplate (***per year of undenatured ethanol) (the “Threshold”).  However, so long as Kiewit is workingdiligently and in good faith to reach the Threshold, Owner shall agree toreasonable extensions of said *** day period.

**5.3****                              ****Early Completion Bonus.**  If Substantial Completion of the Plant isattained prior to *** months after the date of the issuance of the Notice toProceed, Owner shall pay Kiewit at the time of Final Payment an earlycompletion bonus equal to *** of the equivalent of delay liquidated damagesrate, had the Work been that same number of Days late for each Day thatSubstantial Completion occurred prior to said date.  In no event shall the early completion bonusexceed ***.

**6.             Changes**

**6.1****                              ****Issuance of Change Orders by Owner:**  Owner may by its written order requirechanges in the Work within the general scope of the Contract consisting ofadditions, deletions or other revisions, provided that the Contract Sum andpayment schedule are adjusted to reflect the change in Kiewit’s direct andindirect costs resulting from such changes, plus a reasonable amount forprofit, and that the time allowed for completion, warranty obligations, and anyother obligations of Kiewit affected by the changes are adjusted to cover theconsequences to Kiewit resulting from such change.  Kiewit shall have the right to request aclaim for such adjustments to the extent the cumulative impact of such changescan reasonably be demonstrated.  Theamount to be paid to

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Kiewit,the effect on the Schedule, if any, and any other adjustments to the Contractwill be made by mutual agreement.

**6.1.1       ChangeOrder Effect upon Performance**.  If the change submitted by Owner, in Kiewit’sgood faith reasonable judgment, would have a detrimental impact on performanceof the Plant, Kiewit will have no obligation to proceed with any change.

**6.1.2       ChangeOrder Dispute. **Ifthere is a dispute as to whether a change order is required, then Kiewit shallproceed with the change, without markup, on a reimbursable basis until thedispute is resolved in accordance with Article 18.  If it is determined that a change order wasrequired then Owner shall pay Kiewit on a cost plus basis in accordance withSection 6.1.4 below.  If it is determinedthat no change order is required then Kiewit shall reimburse Owner for theamount that Owner has paid to Kiewit for said Work, together with interest atthe rate set forth in Section 8.4 below.

If the amount of thechange order is in dispute, then Kiewit will proceed with the change on a costplus basis in accordance with Section 6.1.4 below.

**6.1.3       HazardousSubstances.**  Kiewit shall in no case be required to agreeto any change requiring Kiewit’s handling of PCBs, asbestos or any otherHazardous Substances except to the extent such Hazardous Substance is broughtonto the site by Kiewit and/or Subcontractors (and not subsequently negligentlyreleased by Owner or its other contractors or agents) or results from negligentexacerbation of a known environmental condition by Kiewit or itsSubcontractors.

**6.1.4       ChangesPriced On Cost Plus Basis**.  For changes priced on a cost plus basis,Kiewit shall be entitled to a *** total markup for off-site overhead,contingency and profit.

**6.1.5       ChangeOrder for Expansion**.  Owner’s issuance of a change order for theexpansion of Nameplate from 108,000,000 to 216,000,000 gallons per year ofun-denatured ethanol shall be allowed as within the general scope of the

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Contractand Kiewit shall be entitled to a change in the Contract Sum, Schedule, andServices, as mutually agreed so long as Owner first executes an amendedtechnology license agreement with Delta-T.

**6.2****                              ****Notice of Instruction Constituting a Change;Notice of Impact of Change Order:**  If Kiewit receives instructions from Owner,which in Kiewit’s opinion constitute a change in the Work, Kiewit shall soadvise Owner within eight (8) Business Days of receipt of suchinstruction.  If Kiewit receives a changeorder under Section 6.1 above or becomes aware of a constructive change orderdescribed at Section 6.3 below, or gives Owner a notice that an instruction ofOwner constitutes a change, then Kiewit shall within eight (8) Business Daysthereafter submit to Owner a statement of the impact of such change on theContract Sum, payment schedule or Schedule; provided however, the warrantiesand any other provisions of the Contract will not be affected thereby.  Kiewit shall not delay prosecution of theWork.

**6.3****                              ****Constructive Change Orders:**  Any of the following shall entitle Kiewit torequest an increase in the Contract Sum and/or an extension of the Schedule:(a) a material modification of applicable law, ordinance or regulation afterthe Date of Commencement, (b) a Force Majeure Event (provided however that inno event shall Kiewit be entitled to an increase in the Contract Sum to theextent due to a Force Majeure Event), (c) unknown or differing site conditionsat the Plant Site described at Article 4 above, (d) discovery of HazardousSubstances or archaeological materials at the Plant Site which were notpreviously disclosed to or known by Kiewit, (e) suspension by Owner, (f)material delay by Owner, or its subcontractors in the performance of Owner’sobligations under the Contract, that results in a material delay in theperformance of the Work by Contractor or its Subcontractors, (g) interference(but not the exercise of Owner’s rights under the Contract) by Owner or itssubcontractors in any material respect in the performance by Contractor, or itsSubcontractors, of the Work that results in a material delay in the performanceof the Work by Contractor or its subcontractors, and (h) suspension orinjunction by court order (unless such suspension or injunction is the resultof actions taken by Kiewit or its Subcontractors under this Contract).  Kiewit shall provide written notice to Owner

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promptlyupon becoming aware of any of the events above, or, in the case of a ForceMajeure Event, promptly upon becoming aware that there may be a scheduleimpact  from such event.

**7.             Commissioning,Testing, and Performance**

**7.1****                              ****Mechanical Completion, Commissioning and Startup:**  Commencing six (6) months prior to theanticipated Mechanical Completion Date, Kiewit shall provide to Owner writtennotice of said estimated date and provide, not less than monthly, periodicwritten updates of this estimated completion date.  Kiewit shall give Owner prompt reasonablewritten notice when Kiewit believes that the Work has reached MechanicalCompletion.  Kiewit shall commence Commissioningupon achievement of Mechanical Completion. Mechanical Completion shall be achieved when the requirements thereforlisted in Exhibit E have been satisfied. Kiewit shall Startup the Plant as soon as reasonably practicable afterMechanical Completion has been achieved.

**7.2****                              ****Substantial Completion and Threshold Tests:**  At such time(s) as Kiewit believes the Plantis operating at sufficient capacity to meet the output levels required forSubstantial Completion and subsequently, the Threshold, testing shall beconducted to confirm that the required levels of merchantable ethanol productare being produced at the Plant.  Thetesting to determine whether the output levels required for SubstantialCompletion and subsequently the Threshold have been obtained shall continue fora period of twenty (24) hours and shall be at a stable production rate for suchperiod and shall otherwise meet the requirements set forth on Exhibit C.  A separate test shall be conducted to determinewhether the output levels required for Substantial Completion and for theThreshold have been met, unless the parties mutually agree in writingotherwise, or unless the output levels required for both Substantial Completionand the Threshold have been met by a single test.

**7.3****                              ****Performance Test and Performance Guarantees:**  Kiewit shall begin the Performance Test assoon as reasonably practicable after the Threshold has been achieved.  Kiewit shall cause the Plant to meet orexceed the Performance Guarantees set forth in this Section 7.3 whiledemonstrating at the time of the

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finalPerformance Test that the Plant meets all requirements of the Air Permit issuedfor the Plant.  All quantities set forthbelow are based on average quantities over the period of the applicablePerformance Test.

**7.3.1       AnhydrousUndenatured Ethanol Production Guarantee**
| **Anhydrous Fuel**

**Ethanol Production**

**Rate:** | Minimum *** US undenatured gallons per hour  (average) based on a minimum feedstock specification of *** lb/bushel test  weight corn containing a maximum of *** moisture (by weight), a minimum of  *** dry fermentable starch (by weight) and a maximum of *** foreign material  (by weight).                                                    |
|-------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| ** **                                            |                                                                                                                                                                                                                                                                                                                                               |
| ** **                                            | When blended with the proper denaturant, denatured  ethanol will meet specifications for fuel ethanol per ASTM D4806-06.                                                                                                                                                                                                                           |
| ** **                                            |                                                                                                                                                                                                                                                                                                                                               |
| **Anhydrous**

**Fuel Ethanol Yield:**                | Minimum *** pounds un-denatured fuel ethanol per  pound of dry fermentable starch (average) in corn feed based on a minimum  feedstock specification of *** lb/bushel test weight corn containing a  maximum of *** moisture (by weight), a minimum of *** dry fermentable starch  (by weight), and a maximum of *** foreign material (by weight). |

 

**7.3.2       UtilityConsumption Guarantees**
| **Natural Gas.** | Maximum *** BTU HHV per gallon (average) of  un-denatured fuel ethanol produced for gas-fired boilers and gas fired ring  dryers based on natural gas provided at a minimum gas quality of *** BTU per  standard cubic foot (1atm, 70° F), and *** to *** maximum (weight) DDGS  moisture content. |
|------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

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**7.4****                              ****Condition to Performance Guarantees**.  If any breach of warranty under this Contractor failure to meet the Performance Guarantees under this Contract is the resultof:

**7.4.1      **Thefeedstock provided by Owner, not being in compliance with the conditions describedin Section 7.3.1 or 7.3.2, as applicable;

**7.4.2      **Abuse,or poor maintenance, of the Equipment;

**7.4.3      **Owner’sfailure to fulfill any of its obligations, which individually or in theaggregate are material, under the Performance Test protocols set forth inExhibit C;

**7.4.4      **Owner’sfailure, in any material way, to operate the Plant in accordance with theoperating manuals and instructions provided by Kiewit;

**7.4.5      **Ownerdesigning or procuring equipment and systems, other than under this Contract,that fail to meet Delta-T’s basic process design specifications for energyefficiency;

**7.4.6      **Ownerfails to provide electrical service with at least a 0.85 power factor;

then Kiewit shallnotify Owner, Owner shall take the necessary corrective actions and the affectedPerformance Tests shall be re-run at Owner’s expense.  However, if Owner refuses or fails  to provide the requested items, then Kiewitshall have no obligation or liability for any such breach of the applicablewarranty or Performance Guarantees under this Contract.

**7.5****                              ****Substantial Completion:**  Substantial Completion shall be achieved whenthe requirements for Substantial Completion in Exhibit E have beensatisfied.  Kiewit shall provide Owner acertificate of Substantial Completion certifying that all requirements forSubstantial Completion have been met at the time when all requirements forSubstantial Completion have been achieved. Owner shall have three (3) Business Days after receipt of suchcertificate to advise Kiewit as to whether it agrees Substantial Completion hasbeen achieved.  Owner shall specify indetail any requirements for Substantial Completion which it believes 

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Kiewithas failed to achieve within seven (7) Business Days after receipt of suchcertificate.  Substantial Completion shallbe deemed to have occurred on the date when the last of the requirements forSubstantial Completion has been achieved. Kiewit agrees that Kiewit, at Kiewit’s sole cost and expense, shall takewhatever action is reasonably necessary and consistent with sound engineeringpractices to cause the Plant to reach Substantial Completion; provided, Kiewitshall not, except as set forth in Section 16.1 below, be responsible for costsassociated with any defects in Delta-T scope of work under Kiewit’s subcontractwith Delta-T which result in failure to achieve Substantial Completion; Kiewitshall, however, be responsible for any costs which are reimbursed to Kiewit byany manufacturer or supplier associated with such defects.

**7.6          Cure:**  After Substantial Completion (at which pointcare, custody and control transfers to Owner in accordance with Article 13),Owner shall allow Kiewit reasonable access to the Plant.  After reaching Substantial Completion, Kiewitagrees that Kiewit, at Kiewit’s sole cost and expense, shall take whateveraction is reasonably necessary and consistent with sound engineering practicesto cause the Plant to reach the Threshold; provided, Kiewit shall not, exceptas set forth in Section 16.1 below, be responsible for costs associated with anydefects in Delta-T scope of work under Kiewit’s subcontract with Delta-T whichresult in failure to achieve the Threshold; Kiewit shall, however, beresponsible for any costs which are reimbursed to Kiewit by any manufacturer orsupplier associated with such defects.

After reaching the Threshold, Kiewitshall, for a period of up to six (6) months thereafter and subject to Section16.1, (i) use good faith efforts to cause the Plant to satisfy the Performance Guarantees in Section 7.3 andto re-run the Performance Tests as needed during that period; provided, Kiewitshall not, except as set forth in Section 16.1 below, be responsible for costsassociated with any defects in Delta-T scope of work under Kiewit’s subcontractwith Delta-T which result in failure to achieve the Performance Guarantees;Kiewit shall, however, be responsible for any costs which are reimbursed toKiewit by any manufacturer or supplier associated with such defects, and (ii)complete all Punch List items to the reasonable satisfaction of Owner.  Kiewit shall have the foregoing period oftime in which to satisfy the obligations in the preceding sentence before beingsubject to paying any liquidated damages.

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Kiewit is obligated to continue all aspects ofthe Work necessary to achieve completion of Performance Tests, SubstantialCompletion, the Threshold, and Final Acceptance (and in connection therewith,Kiewit is obligated to expend all necessary funds, devote all necessary time,and provide or procure all necessary work, materials, labor and services),except as such obligation is limited by Section 16.1 below.  All cost and expense associated with meetingsuch obligation, including any necessary acceleration of the rate of work will,unless and except to the extent required in accordance with Article 6, be forKiewit’s account.

**7.7****                              ****Liquidated Damages and Maximum Damages forPerformance Guarantees:**  If the Plant has achieved SubstantialCompletion and Threshold, but has not achieved one or more of the PerformanceGuarantees set forth in Section 7.3 above during a Performance Test as providedherein, and Kiewit has not been able to correct the defect and pass allcomponents of the Performance Tests within the time set forth at Section 7.6above, then Kiewit shall pay to Owner liquidated damages based on the netamount (i.e. the amount of damages in each case for which damages apply shallbe netted against the countervailing factor in each case for which thecountervailing factor applies, to determine the final net performanceliquidated damages if any) due as set forth in Section 7.8 below up to amaximum cumulative amount in accordance with Article 16 of the GeneralConditions of this Contract. Notwithstanding the foregoing limitations on damages for failure toreach the Performance Guarantees, Kiewit shall be obligated to continue allaspects of the Work necessary to achieve the Performance Guarantees, except assuch obligation is limited by Section 16.1. For the avoidance of doubt, the countervailing factors shall not betaken into account for the purposes of determining whether SubstantialCompletion or the Threshold has been achieved. Kiewit shall pay such liquidated damages no later than the date that issix (6) months after the achievement of the Threshold.

The sum of the countervailing factors,determined as set forth under Section 7.8 below, shall be deducted from the sumof the damages determined thereunder.  Inno case, however, shall Owner have any obligation to pay Kiewit as a result ofsuch calculation.  If the countervailingfactors are greater than the damages, the performance liquidated damages shallbe deemed to be zero.

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**7.8****                              ****Amount of Damages and Countervailing Factors**
| **Fuel Ethanol Yield:**                  | $*** per *** pounds of  anhydrous undenatured ethanol (average per ASTM D4806-06) per pound of dry  fermentable starch that the Performance Test results show lower or higher  than the guaranteed Anhydrous Fuel Ethanol Yield listed in Section 7.3.1  above. To the extent the yield is lower the resulting number shall constitute  damages. To the extent that it is higher the resulting amount shall be a  countervailing factor. For purposes of calculating damages  as set forth above, damages shall be measured in increments of .001. An  increment of .0005 or less is rounded down. An increment of .0006 or above  would be rounded up. |
|------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| ** **                               |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
| **Fuel  Ethanol**

**Production  Rate:** | *** per 10 US gallons per hour of anhydrous  undenatured ethanol (average per ASTM D4806-06) that the Performance Test  results show lower or higher than the guaranteed Anhydrous Fuel Ethanol  Production Rate listed in Section 7.3.1 above. To the extent the rate is  lower the resulting number shall constitute damages. To the extent that it is  higher the resulting amount shall not be a countervailing factor.                                                                                                                                                                                                                             |

 
| **Natural Gas**

**Consumption:** | ***

*** |
|-----------------------------------|----------|

 

**7.9****                              ****Damages Reasonable:**  The Parties acknowledge and agree that theterms of this Contract with respect to liquidated damages, including thosepayable under this Article 7, are fair and reasonable considering the damageOwner would sustain in the event of the failure of the Plant to meet thePerformance Guarantees set forth in Section 7.3 above, that such damages havebeen agreed upon and fixed as liquidated damages because of the difficulty ofascertaining as of the date hereof the exact damages that would be sustained byOwner, and that such liquidated damages provisions shall be applicableregardless of the actual amount of damages sustained.  All amounts shall be paid as liquidated

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damagesand not as a penalty.  The Partiesspecifically waive the right to challenge the liquidated damages rates andlimits provided herein.  Notwithstandingthe foregoing limitations on damages for failure to reach the PerformanceGuarantees, Kiewit shall be obligated to continue all aspects of the Worknecessary to achieve the Performance Guarantees, subject to the limitations setforth in Section 16.1.

**7.10****                       ****Performance Bonus:**  Upon Final Acceptance, Kiewit and Owner shallcooperate during a six-month bonus period of operation.  Owner agrees to pay to Kiewit a bonus of $***for each *** above *** of Nameplate, capped at a bonus of $***; provided thatthe Plant meets the requirements of all applicable permits required for theoperation of the Plant on a continuous basis (e.g. if there is an annual limiton emissions, the operation of the Plant at the levels during the applicableperiod, if operated on a continuous basis for a year, would meet the applicableannual emissions requirements).  Kiewithas six (6) months from Final Acceptance to achieve this bonus.  The bonus shall be determined by reviewingoperating data on rolling two-week periods commencing on the date of FinalAcceptance.  Bonus shall be payablethirty (30) Days after achieving these bonus criteria.

**7.11****                       ****Training of Owner’s Personnel:**  Kiewit shall provide the training describedin Exhibit A.  Owner shall provideappropriate personnel, and Kiewit shall provide such training, at timesmutually agreed by them, commencing prior to Commissioning in sufficient timeto prepare Owner’s employees to perform Commissioning and Startup and toperform their obligations with respect to the Performance Test.

**7.12****                       ****Use of Plant Prior to Final Acceptance:**  Owner may use the Plant for commercialpurposes on or after the achievement of Substantial Completion.  If Owner elects to use any portion of theWork for commercial purposes prior to Final Acceptance, it shall allow Kiewitreasonably unrestricted access to the Plant to do all things required to bedone to complete the Punch List and achieve Final Acceptance and to meet fullPerformance Guarantees, as long as such access does not unreasonably interferewith Owner’s use of the Plant for commercial

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purposes.  In the event Owner fails to comply with itsobligation to provide Kiewit access to the Plant as set forth in the precedingsentence, (i) for each day that Owner so fails to provide such access, Kiewitshall have an additional day to satisfy its obligations hereunder which wereadversely affected by Owner’s failure to so provide such access and (ii) ifsuch failure to so provide such access is for an aggregate of thirty (30) days,then at the end of such thirty (30) aggregate day period, if Final Acceptancehas not yet occurred, the matters set forth in items (i), (ii) and (iii) of thedefinition of Final Acceptance shall be deemed to have occurred.

**7.13****                       ****Final Acceptance:**  Kiewit shall provide Owner a certificate ofFinal Acceptance certifying that all requirements for Final Acceptance have beenmet at the time when all requirements for Final Acceptance have beenachieved.  Owner shall have ten (10)Business Days after receipt of such certificate to advise Kiewit as to whetherit agrees Final Acceptance has been achieved. Owner shall specify in detail any requirements for Final Acceptancewhich it believes Kiewit has failed to achieve. Final Acceptance shall be deemed to have occurred on the date when thelast of the requirements for Final Acceptance has been achieved.

**8.****                                     ****Price and Payment**

**8.1****                              ****Contract Sum:**  Owner will pay Kiewit for the full andsatisfactory completion of the Work the Contract Sum of ***, or such other sumas may be adjusted in accordance with this Contract, plus Excluded Taxesrequired under applicablelaws to be paid or remitted by Kiewit in connection with the Work.  Owner shall be credited against the ContractSum with all amounts paid by Owner or its affiliates under the AWA  and the Pre-EPC Agreement.  The Contract Sum includes the cost ofmaterials and Equipment described in the AWA and the Pre-EPC Agreement to theextent such materials and Equipment are incorporated into the Work.  In addition, the Contract Sum includes  allowances for each of the matters (and forthe amounts) set forth on Exhibit P.  TheContract Sum shall be adjusted for (a) preliminary site Work and piling Workaccording to the difference between (i) the estimate for such Work set forth onExhibit P and (ii) Kiewit’s actual costs of performing such preliminary siteWork and piling Work plus a

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markupof *** and (b) all other Work set forth on Exhibit P (i.e. other thanpreliminary site Work and pilings Work) according to the difference between (i)the estimate for such Work set forth on Exhibit P and (ii) Kiewit’s actualcosts of performing such Work (without any markup).  All matters covered under the AWA and Pre-EPCAgreement are superseded by the provisions of this Contract and are coveredhereby.  The license fee to be paid byOwner under the License Agreement shall be paid by Owner directly to Delta-Tand is not included in the Contract Sum. If the Notice to Proceed is provided more than ninety (90) days after the execution date of thisContract, the Contract Sum and the Guaranteed Substantial Completion Date shallbe subject to equitable adjustment in accordance with Article 6.

The Contract Sum does not include ExcludedTaxes.  Excluded Taxes means any: (i)taxes imposed by any Governmental Entity on the gross receipts earned by, orpaid to, Kiewit on the Contract Sum or any other amounts to be paid by Owner toKiewit hereunder or any portion of such amounts thereof, (ii) sales or usetaxes imposed on Kiewit or any of its Subcontractors for purchases or sales ofEquipment or any other materials to be installed in, affixed to, orincorporated into the Plant or the Plant Site or (iii) any property taxesimposed directly or indirectly by any Governmental Entity on the Plant,Equipment, or any other materials to be installed in, affixed to, orincorporated into the Plant or the Plant Site; provided, however, ExcludedTaxes do not include any tax based on the income of Kiewit or itsSubcontractors, such as the Indiana adjusted gross income tax (IC § 6-3-14, etseq.).  If Kiewit or any of itsSubcontractors are, now or in the future, required to collect from Owner or payany Excluded Taxes with respect to all or any part of the Work (other than anysuch tax based on income), then that amount shall be paid by Owner at Kiewit’srequest, in addition to the Contract Sum. Kiewit shall (and shall make a good faith effort to cause itsSubcontractors to) cooperate with and provide reasonable assistance to Owner inobtaining any exclusions, exemptions or credits from any Excluded Taxes and tominimize said Excluded Taxes.  Ownershall hold harmless, defend and indemnify Kiewit and its Subcontractors for,and reimburse to Kiewit or any of its Subcontractors, any Excluded Taxes,interest or penalties associated therewith, or any other amounts, that must bepaid by Kiewit or any of its Subcontractors as a result of an assessment orother action by a Governmental Entity as the result of Kiewit’s or

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Kiewit’s Subcontractors’ reliance upon Owner’sclaims of entitlement to any exemptions or reductions of Excluded Taxes.  Upon Kiewit or any of its Subcontractorsreceiving any such assessment or notice of any such other action by aGovernmental Entity, Kiewit shall, and shall cause its Subcontractors to,promptly notify Owner of same.  UponOwner’s receipt of such notice from Kiewit or its Subcontractors, Owner shallundertake the defense of any such assessment or other action by the applicableGovernmental Entity, and Kiewit shall, and shall cause its Subcontractors to,cooperate with Owner in such defense. Owner shall have the right to control such defense of any such assessmentor other action by the applicable Governmental Entity.  A preliminary listing of available taxexemptions and concessions expected to be applicable to or available to theconstruction or operation of the Plant is attached hereto as Exhibit Q.

If Kiewit or any of its Subcontractors arerequired by applicable laws or are otherwise required to pay Excluded Taxes,Kiewit shall include requests for payment or reimbursement of such ExcludedTaxes with Applications for Payment, the Final Payment, or any time withinninety (90) Days of a requirement by a Governmental Entity to pay such ExcludedTaxes.

**8.2****                              ****Termination Fee:**  In the event that Owner exercises a right toterminate under Section 9.4, or in the event that Kiewit terminates thisContract under Section 9.3 (provided the suspension of the Work which resultedin such termination by Kiewit does not include a suspension due to a ForceMajeure Event),  the Owner shall pay inaddition to sums due under Section 9.4 of the General Conditions, a feedetermined as follows, as a liquidated damage for lost opportunity cost and notas a penalty:  
| Termination:                                                                                   | ** ** | **Termination Fee as a Percentage  of Total Contract Sum** |
|------------------------------------------------------------------------------------------------|------------|------------------------------------------------------------|
| Within Ninety  (90) Days after the Date of Commencement                                        |       | ***                                                        |
|                                                                                           |       |                                                       |
| From Ninety-one  (91) to one hundred fifty (150) Days after the Date of Commencement           |       | ***                                                        |
|                                                                                           |       |                                                       |
| From One hundred  fifty-one (151) to two hundred ten (210) Days after the Date of Commencement |       | ***                                                        |

 

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**8.3****                              ****Payment Terms:**  Owner shall provide a mobilization payment toKiewit in accordance with and at the times set forth in Exhibit B.  Owner shall make monthly progress paymentsaccording to percentage of completion beginning with and including paymentsmade for work done under the AWA or Pre-EPC Agreement as set forth on Exhibit R,which payment schedule shall reflect the concept of “cash neutrality”.  For purposes of this Contract, “cashneutrality” shall mean that Kiewit will not be required to be out of pocket atany time for any amounts owed by Kiewit for the Work and that Kiewit shall notbe paid by Owner for the Work in advance in such a manner that would result inKiewit being cash positive as reasonably estimated by Owner and Kiewit. In theevent the payment schedule set forth on Exhibit R conflicts with the foregoingdefinition of Cash Neutrality, the parties agree to conform said exhibitaccordingly.  Kiewit shall submitApplications for Payment in the form set forth at Exhibit B.1, together withreasonable supporting documentation for said Application, to Owner.  Owner shall, through Owner’s Representative,sign the Certificate for Payment set forth on the Application for Payment forthe full payment applied for, unless it believes that all or any part of suchamount is not then due.  If Ownerbelieves all or part of the amount requested in the Application for Payment isnot then due, Owner shall amend the Application for Payment contained thereinby indicating the amount, if any, that it believes to be due, and shall signthe application as amended and deliver the certificate, together with writtennotice of Owner’s reasons for certifying less than the whole amount appliedfor.  Retainage for each payment shall be*** for a 108 MGY plant; provided however, that Kiewit may provide anadjustable and irrevocable letter of credit in lieu of retainage in a formreasonably acceptable to Owner.  Thereshall be no retainage for Equipment that was the subject of the AWA.    In addition, upon payment of *** of theContract Sum (excluding payments for Equipment that was the subject of theAWA), and provided Kiewit is in material compliance with this Contract, thereshall be no retainage on any further payments under this Contract.  Upon reaching the Threshold, and providedContractor is in  material compliancewith this Contract, Owner shall release the retainage in exchange for Kiewitproviding Owner a letter of credit for an amount equal to *** of the agreedupon estimated value of the

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costof completion of Punch List items plus any potential liability of Kiewit forliquidated damages.  Owner shall wiretransfer, in immediately available funds, all amounts for which it has issuedcertificates, within fifteen (15) Business Days of the date of its receipt ofthe Application for Payment, to a bank account to be selected by Kiewit.  If Owner does not certify payment in theamount of the Application, and Kiewit and Owner cannot agree on a revisedamount within five (5) Business Days of the date of the Owner’s submittal ofthe amended Application for less than the full amount, then either Party maycommence the Dispute Resolution process in accordance with Article 18.  In any case, when the reasons stated by Ownerfor withholding payment of any amount for which an application has been madeare removed to Owner’s reasonable satisfaction, in whole or in part, Ownershall immediately issue a Certificate for Payment for the amount withheld (tothe extent the reason stated for withholding is removed) and make payment, viawire transfer as described in this Section 8.3, of the amount so certified on orbefore the date that the next payment is due.

**8.4****                              ****Late Payment:**  Late payments by either Party shall bearinterest at the rate of Wall Street Journal prime rate plus two percent (2%).

**8.5****                              ****Mechanic’s Lien Waivers and Indemnity:**  Kiewit shall pay promptly for all amounts duefor all materials, labor, Service and Equipment used in or in connection withthe performance of this Contract, including those of its Subcontractors, whenbills or claims become due, and shall indemnify and hold harmless Owner from andagainst all claims of its Subcontractors. Owner shall give Kiewit prompt notice of any such claim upon receipt byOwner of any such claim.

**8.6****                              ****Mechanic’s Liens:**  Kiewit shall keep the Plant Site and anyother adjacent real property owned or leased by Owner and all other property ofOwner which is located on the Plant Site or such adjacent real property, freeand clear of laborer’s, materialmen’s and mechanic’s or similar type liensarising out of the performance of the Work, unless Owner fails to make requiredpayments to Kiewit as set forth in this Article 8 and then only to the extentOwner has failed to make such payments. Owner shall promptly notify Kiewit in writing of any lien so

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arisingof which it has notice or knowledge. Kiewit shall provide to Owner as a condition to payments to be madepursuant to Article 8, a partial release of lien in the form of Exhibit B.2.1duly executed by Kiewit and any major Subcontractors (those with subcontractshaving a value of over $500,000) and shall also obtain and timely provide acomplete release of lien and general release with respect to any suchsubcontract for which full and final payment is made, in the form of ExhibitB.2.  In each case, the release of lienmay be for an amount less amounts that will be paid from the payment for whichsuch release of lien is requested. Kiewit shall promptly pay each Subcontractor upon receipt of paymentfrom Owner of the amount invoiced that is undisputed and due to suchSubcontractor.

If notwithstanding the foregoing, a lien isattached to the Plant, or the Plant Site, or any part thereof, without limitingany other rights of Owner, Owner shall have the right, at its option, to takeall action reasonably necessary to discharge such lien upon thirty (30) daysprior written notice to Kiewit of such lien. Kiewit shall reimburse Owner for all amounts expended by Owner to obtainsuch discharge, including all costs and attorney’s fees and expenses and Ownershall have the right to deduct such amounts from payments otherwise due toKiewit which will be debts due and payable by Kiewit to Owner.

**8.7****                              ****Final Payment:**  Kiewit shall invoice Owner for the finalamount due to it under this Contract upon reaching Final Acceptance.  Payment of all of the Contract Sum remainingunpaid, and any and all other amounts owing to Kiewit under the Contract (lessand except any amounts owed by Kiewit to Owner), shall be made within thirty(30) Days after Final Acceptance and receipt by Owner of a final invoice; provided,that such payment shall not become due until Kiewit submits to Owner anaffidavit in form and substance reasonably satisfactory to Owner that allpayrolls, undisputed amounts owed to Subcontractors, suppliers and materialmenand any other indebtedness which might be or give rise to a lien against thePlant or the Plant Site arising out of performance of the Work or any portionthereof have been paid.

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**8.8****                              ****Effect of Payment**

No payment, final or otherwise or verificationunder this Article 8, shall constitute a waiver of claims by Owner orconstitute or be deemed an acceptance, in whole or in part, of any portion ofthe Plant not in accordance with this Contract.

Upon receipt by Kiewit of payment in respect ofthe final Application for Payment pursuant to Section 8.7 (“Final Payment”), Kiewitreleases Owner from any claim for payment for the Work.  For the avoidance of doubt, the sums paid toKiewit in respect of its final Application for Payment pursuant to Section 8.7shall constitute a valid and binding Final Payment for the purposes of thisSection 8.8.

**8.9****                              ****Set-Off**

Owner may deduct from moneys otherwise due toKiewit:

(i)                                     any debt or other moneys due from Kiewitto Owner in relation to the Contract; and

(ii)                                  any claim to money which the Owner mayhave against the Kiewit whether for damages (including liquidated damages) orotherwise, under this Contract or otherwise at law relating to the Work.

**9.****                                     ****Rights of Owner and Kiewit to Suspend Work orTerminate**

**9.1****                              ****Owner’s Right to Terminate For Cause:**  Owner may terminate this Contract if Kiewitcommits or is subject to (a) voluntary bankruptcy, liquidation, reorganizationor insolvency; (b) involuntary bankruptcy liquidation, reorganization orinsolvency; (c) false or materially misleading representation or warranty; (d)assignment or transfer without permission; (e) failure to maintain insurancecoverage as required; (f) failure to comply with any applicable law or permit;(g) cessation or abandonment of the Services (unless due to an emergency andthen only for the duration necessitated by the emergency or due to Owner’sfailure to make payment as required); (h) failure to supply sufficient skilledworkers or suitable materials and equipment; (i) failure to achieve SubstantialCompletion within one hundred eighty (180) Days of the Guaranteed SubstantialCompletion Date; (j) failure to perform or observe any other material provisionof this Contract; or (k) termination or repudiation of the EPC Guaranty

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orvoluntary or involuntary bankruptcy or insolvency of the guarantor under theEPC Guaranty; and, in the case of (c), (e), (f), (g), (h), or (j), Kiewit failsto cure such breach within thirty (30) Days (or such longer period (not toexceed one hundred eighty (180) Days) in the case of (e), (f), (h) or (j)) fromwritten notice of such breach as may be commercially necessary.

Upon such termination Owner may take possessionof the Work completed by Kiewit or delivered to the Plant Site and allmaterials and Equipment at the Plant Site acquired for incorporation into theWork and owned by Owner or Kiewit, take assignment of all purchase orders andsubcontracts related to the Work and complete the Work by whatever reasonablemethod Owner may deem expedient.  Ownershall permit Kiewit access to the Plant Site after such termination asreasonably required by Kiewit to remove any equipment, trailers, supplies,goods and materials maintained by Kiewit in connection with the Work but notintended to be incorporated into the Plant, or owned or used by any of itsSubcontractors under subcontracts not to be assigned to Owner.  In the event of termination for any of thereasons set forth above, Kiewit will be liable to Owner for any reasonablecosts incurred by Owner to build the Plant as specified, in excess of theContract Sum, up to a maximum of one hundred percent (100%) of the ContractSum.  In case of such termination, thelicense granted under Section 2.4 above shall remain effective.

**9.2****                              ****Kiewit’s Right to Suspend Work:**  If Owner does not pay Kiewit amounts thatOwner has certified in writing for payment by the date such payment is due,then Kiewit may, upon fifteen (15) Days written notice to Owner, suspend theWork until payment of the amount owing has been received.  If Kiewit suspends the Work under thisSection 9.2, then Kiewit shall be entitled to a change order in accordance withArticle 6.

**9.3****                              ****Kiewit’s Right to Terminate:**  Kiewit may terminate the Contract on fifteen(15) Days written notice to Owner if the Work is suspended, without fault onthe part of Kiewit or, any of its Subcontractors, for more than one hundredeighty (180) consecutive Days.  In suchevent the termination shall be treated as if it were a termination forconvenience by Owner, in accordance with Section 9.4, except that noTermination Fee shall be owed under Section 8.2 if such suspension

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whichresulted in such termination included a suspension due to a Force MajeureEvent.

**9.4****                              ****Termination for Convenience by Owner.**  Owner shall have the right, in its solediscretion, to terminate this Contract for convenience by giving written noticeto Kiewit, but in the event of such termination for convenience, Owner will notenter into a contract with another person or entity to construct thePlant.  Upon such notice Kiewit shallimmediately stop work and take all necessary and prudent actions to protect andpreserve the Work, and to minimize Owner’s costs in terminating the project atthat stage of completion.  Upon suchtermination Owner shall pay Kiewit (a) all amounts then due to it under thisContract as of the date of termination, including all amounts completed but notyet invoiced, and including the portions, if any, of such amounts that wouldhave been held as retainage in accordance with Section 8.3 (or shall releasethe letter of credit in lieu of retainage, or the Punch-list letter of creditas applicable),  (b) all unavoidablecosts payable to Subcontractors, including, without limitation, fees forcancellation or breakage costs, and Kiewit’s costs of demobilization, and (c) atermination fee calculated as set forth in Section 8.2, but in no event shallthe total of such amounts set forth in Paragraphs (a) - (c) above exceed theContract Sum.  For this purpose, theamounts then due to Kiewit shall be deemed to be all amounts billed inaccordance with Exhibit B up to the date of termination, plus the value of allgoods delivered and services performed under this Contract and not billed as ofthe date of termination less any amounts which have been prepaid by Owner forsaid items.  In the event that theParties cannot agree on the total amount due within thirty (30) Days of thedate of Kiewit’s demand for payment hereunder and delivery by Kiewit to Ownerof all backup documentation supporting the amounts claimed to be owed byKiewit, either Party may initiate the Dispute Resolution process set forth inArticle 18 below.

**9.5****                              ****Owner’s Right to Suspend.**  Owner shall have the right, in its solediscretion to suspend work under this Contract for periods of time up to onehundred eighty (180) days individually and in the aggregate.  In such event, Kiewit shall be entitled to anequitable adjustment to the Contract Sum and to the Schedule in accordance withArticle 6 herein, including, but not limited to, an adjustment for

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costsof escalation for labor and materials, unless such suspension is due to thefailure of Kiewit or its Subcontractors to act in accordance with Good IndustryStandards in the performance of their obligations under this Contract.

**10.          Safetyand Security**

**10.1****                       ****Premises:**  Kiewit will keep the Plant Site clean andorderly and will insure that its Subcontractors do likewise.  At completion of the Work, Kiewit shall leavethe Plant Site clean of all debris resulting from performance of the Work andin an orderly condition, to enable safe and reliable operation of the Plant inaccordance with Applicable Laws.

**10.2****                       ****Security:**  During construction and installation of theWork, Kiewit shall be solely responsible to protect the Work and all Equipmentand materials to be used in connection with the Work and located on the Worksite safe from injury, defacement, theft or damage and all equipment owned orleased by Kiewit or any of its Subcontractors, and all other equipment andgoods of any kind located at the Plant Site for the purpose of performing theWork.  Kiewit shall hire guards andwatchmen as reasonably necessary to watch the Plant Site and shall take otheractions as appropriate to maintain the security of the Plant Site and preventloss or damage to the Plant, the Equipment or the Plant Site.  Without limiting the foregoing provisions ofthis Section 10.2, Kiewit shall ensure that lay-down and staging operations,parking and warehousing, is adequately protected from theft, damage ormischief.

**10.3****                       ****Safety:**Kiewit will insure all its labor and other authorized personnel comply with allappropriate safety and security regulations, procedures or standards of Kiewitand governmental authorities and in accordance with Owner’s safety standardsset forth in Exhibit S attached hereto. Kiewit shall furnish and maintain allnecessary safety equipment and training for its employees and shall maintain asafe work site at all times.

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**11.****                              ****Project Execution**

**11.1****                       ****Kiewit Representatives:**  Kiewit will keep a competent Project Manager(“Kiewit’s Project Manager”) assigned to the Work at all times during itsperformance of the Work and shall immediately notify Owner of said appointment,provided that the appointment shall be subject to the reasonable approval ofOwner.  Kiewit’s Project Manager shallrepresent Kiewit, and written communications given to Kiewit’s Project Managershall be as binding as if given to Kiewit itself.  Kiewit shall have the Kiewit Project Manageron site, or available in person or by telephone within twenty four 24 hours, atall times during the performance of the Work.

**11.2****                       ****Owner Representative:**  Owner will have at all times during theprogress of the Work, a competent representative (“Owner’s Representative”)assigned to the Work.  Owner’sRepresentative shall represent Owner, and written communications given to Owner’sRepresentative shall be as binding as if given to Owner itself.  Owner shall have its Owner’s Representativeon site, or available in person or by telephone within twenty four 24 hours, atall times during the performance of the Work.

**11.3****                       ****Project Reviews and Approvals:**

**11.3.1     Reviews:**  Kiewit will, as appropriate, and additionallyupon Owner’s request, issue a project progress schedule to Owner which shallinclude the schedule and status of construction and procurement activities andestimated time to complete the Work. Kiewit shall participate in reviews of the progress of the Work at theWork site at Owner’s request as set forth in Exhibit A, and if no provision forprogress reviews is made in such exhibit, at Owner’s request up to once eachmonth.  Owner may review and comment onany plan, drawing or specification that Kiewit delivers to Owner.  No review or comment made by Owner shallresult in Owner’s being deemed to have assumed any responsibility for any ofthe Work.  Kiewit shall attempt toincorporate Owner’s comments where it can do so without materially increasingKiewit’s cost, the time required for performance, or any of its otherobligations, but Kiewit shall have no obligation to suspend work to allow timefor review and comment except as provided in the Schedule, or to incorporateany of Owner’s comments except as

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requiredin order to comply with Kiewit’s obligations under the Contract, or as agreedunder Article 6 above.

**11.3.2     ApprovalProcess:**  If Exhibit A or the Schedule provides forapproval by Owner of any document, then, Owner shall be deemed to have givenits approval unless it delivers written notice of its disapproval, and thespecific reasons for its disapproval within the time allowed according to theExhibit or Schedule, or in the absence of statement of the time allowed, withinfive (5) business days of receipt of the document or written request forapproval; In the event that the reason for disapproval by the reviewing Partyresults from failure of the other Party (“submitting Party”) to fulfill any ofits obligations under this Contract, then the submitting Party shall correctthe work or document requiring correction and resubmit it for review.  The reviewing Party shall have the longer ofthree (3) Business Days, or one-half the time allowed according to theapplicable Exhibit or Schedule if such time is prescribed, for the initialreview to approve or disapprove the resubmitted work or document, and it shallbe deemed to have given its approval unless it delivers written notice of itsdisapproval, and the specific reasons for its disapproval, within that time.The review and resubmittal process shall continue in like manner until thesubmitted Work is approved.  In the eventthat any disapproval results from a cause other than failure of the submittingParty to fulfill any of its obligations under this Contract, the GuaranteedSubstantial Completion Date and other relevant milestones shall automaticallybe extended as provided at Section 5.1 above.

**11.4****                       ****Notice of Subcontractor Selection:**  Kiewit shall, as soon as practicable afteraward of the Contract, furnish in writing to Owner the names of persons orentities (including those who are proposed to furnish materials or Equipmentfabricated to a special design) proposed for major portions of the Work (over$500,000).  If such person or entity isnot listed on the pre-approved list of major Subcontractors provided as ExhibitT hereto, Owner may reasonably reject any such proposed person or entity,provided that Owner must reject any such proposed Subcontractor within five (5)Business Days after receipt by Owner of such proposal by Kiewit, or else suchproposed Subcontractor shall be deemed acceptable to Owner.  Subject to the preceding sentence, Owneracknowledges

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(i)that Kiewit, particularly on large or fast-track projects, may not make finalselection of some Subcontractors until later in the project, and (ii) thatKiewit has the right to select Subcontractors as long as such selection wouldnot result in failure by Kiewit to satisfy the requirements of thisContract.  The subcontracting of anyportion of the Work, as described in Exhibit A, shall not relieve Kiewit ofresponsibility for performance of the Work as provided therein.  Subject to the foregoing, Kiewit shall havethe right to subcontract such portions of the Work (but not all of the Work) asit shall determine to be necessary to others which, in turn, shall have theright to subcontract such portions of the Work assigned to them, if any, asthey shall deem necessary.

Kiewit acknowledges and agrees that:

(a)                                  the provisions of this Section 11.4 shallnot operate to limit or relieve in any way any obligation of Kiewit to Ownerunder this Contract, including obligations with respect to the conduct andcompletion of the Work in strict accordance with the terms of this Contract;and

(b)                                 it will be liable to Owner for all acts,omissions and defaults of the Subcontractors (and those of the employees andagents of the Subcontractors) relating to, or in any way connected with, theWork, to the same extent as if they were the acts, omissions and defaults ofKiewit.

**11.5****                       ****No Privity Between Subcontractors and Owner:**  Nothing herein shall establish anycontractual relationship or privity between Owner and any Subcontractor.

**11.6****                       ****Relations with Subcontractors**

All Work performed by any Subcontractor will beaccomplished pursuant to an appropriate agreement which shall provide for anovation or assignment as set forth in Section 12.1.

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**11.7****                       ****Payments to Subcontractors**

Owner shall have no obligation to pay, or tocause the payment of, any moneys to any Subcontractor or any other person actingthrough, under or on behalf of Kiewit.

**12.****                              ****Warranty**

**12.1****                       ****Warranty:**  Kiewit warrants to Owner that the Plant willbe free from defects in design, material, and workmanship until twelve (12)months from Substantial Completion.   Ifany defect covered by the above warranties is discovered within the warrantyperiod, Kiewit shall, subject to the provisions set forth below, repair orreplace the defective design, workmanship, material or Equipment, and suchrepair or replacement (including any ancillary or open “in and out” workrequired to effectuate such repair or replacement) shall be the sole andexclusive remedy for any warranty claims. Kiewit shall in no case have any liability, under this warranty orotherwise, for any defect or deterioration which results from failure of Ownerto operate the Plant in accordance with applicable manuals and specifications,or from ordinary wear and tear, or should Owner operate the Plantnegligently.  Work repaired under warrantyshall be re-warrantied for an additional twelve (12) months, provided that allwarranties shall expire twenty four (24) months from Substantial Completion,provided any rework under the warranty is not defective.  At the end of the warranty period Kiewitshall, for the protection of Owner, assign to Owner all warranties andguarantees supplied by all major Subcontractors (over $500,000) from who itprocured goods or services incorporated into the Work and for any otherSubcontractors who have provided extended warranties.

**12.2****                       ****General:**  Kiewit warrants that the Work provided by ithereunder will be performed with skill and care and shall be of first quality,new, and in accordance with prudent industry practices.

**12.3**                        **No Other Warranties:** Kiewit’s sole warranties to Owner under this Contract are the warrantiesset forth in this Article 12 and in Section 15.2.  OWNER HEREBY ACKNOWLEDGES AND AGREES THATKIEWIT MAKES NO OTHER WARRANTY UNDER OR BY VIRTUE OF THIS CONTRACT, WHETHEREXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY),WHETHER RELATED TO GOODS OR SERVICES,

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AND THAT KIEWIT MAKESNO WARRANTY OF ANY KIND TO ANYONE OTHER THAN TO OWNER.

**12.4****                       ****Notice of Warranty Claim:** Owner shall notify Kiewit of any defect covered by the warranty setforth in Article 12 within thirty (30) Days after discovering such defect, (butfailure to so notify within said thirty (30) Days shall not constitute a waiverof any warranty claim except to the extent Kiewit is prejudiced by any delay innotification beyond any such 30 day period and then only to the extent of suchprejudice), and in no case later than five (5) Days after expiration of theapplicable warranty period.  ANY CLAIMFOR BREACH OF WARRANTY NOT MADE IN WRITING WITHIN THE TIME PRESCRIBED IN THISARTICLE 12 SHALL BE DEEMED WAIVED.

**12.5****                       ****Access During Warranty:** Owner shall provide Kiewit with reasonable access to the Plant forwarranty work, and the Parties shall coordinate any warranty work requiring anoutage.

**13.          Transferof Title and Risk of Loss:**  Title to the Equipment or any part thereofand all materials and components used, or to be used in the Plant, shall passto Owner upon delivery to the Plant Site. Care, custody and control of, and risk of loss to, the Work, or anypart, including the Equipment shall be with Kiewituntil Substantial Completion and shall pass to Owner upon SubstantialCompletion.  Kiewit will be heldresponsible for any damage (i) to the completed Work occurring afterSubstantial Completion or (ii) to the Owner’s existing structures, materials, orequipment adjacent to or on the Plant Site, in the case of (i) and (ii) to theextent arising from the negligence or willful misconduct of Kiewit, Kiewit’sagents or employees, Subcontractors or Subcontractors’ agents or employees, andshall repair or replace any such damaged Work, structures, materials, orequipment at no additional cost to Owner. Where such loss or damage is the result of the joint negligence ofKiewit or Kiewit’s agents, employees, Subcontractors or Subcontractors’ agentsor employees, with any other party or third party including Owner, Owner’sother contractors, agents or employees, lenders, and third parties,  Kiewit shall repair or replace such damagedWork, structures, materials or equipment, at no additional cost to Owner;provided, however, such repair or replacement obligation of Kiewit shall notlimit Kiewit’s right to obtain contribution or indemnity from other persons orentities (including, without limitation, Owner, its agents and employees) whowere also jointly negligent.

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Upon Substantial Completion, Kiewit’sresponsibility to compensate Owner under this Article shall be limited to$500,000 per occurrence and Owner shall release and hold Kiewit harmless fromliability to Owner for any loss or damage exceeding such amount.  Owner will cause its insurers to issue awaiver of subrogation in favor of Kiewit and its Subcontractors of any tierconsistent with the rights and obligations of this Article.

**14.          Insurance**

**14.1****                       **Kiewitshall not commence Work at or near the Plant Site under this Contract until ithas obtained all insurance required under Section 14.2 with insurance companiesreasonably acceptable to Owner, and provided a certificate of insurance toOwner evidencing that such insurance is in force.

**14.2****                       ****Kiewit Insurance Requirements:**  Kiewit shall provide and maintain thefollowing insurance coverage for provision of the Work on the Plant Site.  Kiewit shall also require each of itsSubcontractors furnishing labor at the Plant Site to provide insurance, priorto entering the Plant Site, similar in coverage to those required of Kiewithereunder (i.e. items (a) through (g)) (in accordance with Kiewit’s usualpractice).

(a)           Commercial General LiabilityInsurance

Kiewit shall maintain commercial generalliability insurance, including coverage for premises liability, operationsliability at the Plant Site and away from the Plant Site, products liabilityand completed operations liability, contractual liability, and liability forindependent contractors.  Such insuranceshall include coverage for property damage and resulting loss of use, bodilyinjury and death, personal injury, and property damage arising from explosion,collapse and underground (XCU) hazards. Limits of insurance shall be not less than $5,000,000 each occurrenceand $10,000,000 annual aggregate. Coverage shall be written on an occurrence basis.  The products liability and completedoperations liability coverage shall be maintained for a period of at least two(2) years after Substantial Completion.

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(b)           Commercial Automobile LiabilityInsurance

Kiewit shall maintain commercial automobileliability insurance for any Kiewit owned, hired, rented or borrowed vehicles orany other vehicle used in connection with Kiewit’s business (so-callednon-owned autos) with a combined single limit of not less than $5,000,000 eachaccident.

(c)           Workers’ Compensation &Employer’s Liability Insurance

Kiewit shall maintain workers’ compensationinsurance in accordance with the laws of the state of Indiana or where suchcompensation is otherwise payable. Workers’ compensation insurance shall afford statutory limits ofinsurance.  Kiewit shall also maintainemployer’s liability insurance with limits of not less than $2,000,000 eachaccident and $2,000,000 each employee for injury by disease.

(d)           Professional Liability Insurance

Kiewit, or its design Subcontractor, shallmaintain professional liability insurance with limits of not less than$5,000,000 each claim/aggregate solely pertaining to the Work.  Coverage shall be maintained for a period ofat least two (2) years after Substantial Completion.

(e)           Personal Property, Tools andEquipment

Kiewit shall be responsible for insuring orself-insuring all of its own personal property including temporary, portableoffice and work buildings , tools and equipment.

(f)            General Requirements

Except with respect to workers’ compensation,limits of insurance, described above, may be satisfied through the purchase ofa combination of primary and umbrella or excess liability insurance.  In such case, adequacy of limits of insuranceshall be evaluated collectively.

Deductibles, if any, contained in any insurancedescribed above, shall be the sole responsibility of Kiewit, and the insolvencyof, or failure to pay, such deductible amounts by Kiewit shall not be jointwith respect to the interests of the Owner.

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Owner shall be named as an additional insuredwith respect to the performance of Kiewit and Kiewit’s Subcontractors ongoingoperations for Owner under Kiewit’s commercial general liability insurance andcommercial automobile liability insurance required under Sections 14.2 (a) and14.2 (b) above.  Kiewit hereby waives itsright of subrogation against Owner, its directors, officers, agents andemployees and shall cause its insurers to acknowledge such waiver in favor ofOwner in the certificate of insurance deliverable to Owner on all insurancerequired to be maintained by Kiewit relating to the Work.  All insurance required under this Sectionshall be primary (pay first) with respect to any other insurance which may beavailable to Owner.

(g)           All insurance policies shall requirethe insurer to provide thirty (30) Days advance notice to Owner of anycancellation in coverage, except for non-payment of premium that shall requireten (10) Days advance notice to Owner. If Kiewit receives notice of or learns of non-renewal of any insurancecoverages required to be maintained by Kiewit hereunder, Kiewit shall providewritten notice thereof to Owner within two (2) Business Days after receipt ofsaid notice or learning of same.

**14.3****                       **OwnerInsurance Requirements.  Owner shallprovide and maintain the following insurance coverage for provision of the Workon the Plant Site.

(a)                                  CommercialAutomobile Liability Insurance

Owner shall maintain commercial automobile liabilityinsurance for any Owner owned, hired, rented or borrowed vehicles or any othervehicle used in connection with Owner’s business (so-called non-owned autos)with a combined single limit of not less than $5,000,000 each accident.

(b)                                 Workers’Compensation & Employer’s Liability Insurance

Owner shall maintain workers’ compensationinsurance in accordance with the laws of the state of Indiana or where suchcompensation is otherwise payable. Workers compensation insurance shall afford statutory limits of insurance.  Owner shall also maintain employer’sliability insurance with limits of not less than $2,000,000 each accident and$2,000,000 each employee for injury by disease.

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(c)           Builders Risk Insurance

Owner shall maintain “All Risk” Builders RiskInsurance, with limits of insurance up to the Contract Sum amount and includingappropriate sub-limits not less than the value of any property intended forincorporation into the Work in off-Site storage, in inland transit, andincluding  earthquake, flood, hot testingand windstorm perils covering Kiewit, Kiewit Subcontractors of any tier andOwner as their interest may appear in the property intended for incorporationin the Work situated at the Plant Site and while in the course of construction,erection, fabrication or repair until the achievement of SubstantialCompletion.  Owner may, at its option,purchase Delay-in-Startup coverage in connection with the project for the solebenefit of the Owner.  Owner’sDelay-in-Startup coverage shall be primary to any delay damages that Kiewit orits Subcontractors of any tier may owe on the same basis.

Kiewit and its Subcontractors of any tier shallbe included as an additional named insured with a full and complete waiver ofsubrogation under Owner’s Builders Risk Insurance.

(d)           General Requirements

Except with respect to workers’ compensation andbuilders risk insurance, limits of insurance, described above, may be satisfiedthrough the purchase of a combination of primary and umbrella or excessliability insurance.  In such case,adequacy of limits of insurance shall be evaluated collectively.

Deductibles, if any, contained in any insurancedescribed above, shall be the sole responsibility of Owner and the insolvencyof, or failure to pay, such deductible amounts by Owner shall not be joint withrespect to the interests of Kiewit or Kiewit Subcontractors.

All insurance required under this Section shallbe primary (pay first) with respect to any other insurance which may beavailable to Kiewit.

**15.          Indemnity**

**15.1****                       ****Indemnity by Kiewit for Personal Injury andProperty Damage:**  Kiewit shall defend, indemnify and holdharmless Owner, its affiliates and its lenders, and

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eachof their respective directors, officers, agents and employees from and againstall claims made by a third party for any damages, losses and expenses,including, but not limited to attorney’s fees, arising out of or resulting fromKiewit’s performance of the Work (either by itself or through anySubcontractor), to the extent of Kiewit’s negligence (or that of itsSubcontractors at any tier), provided that any such damage, loss or expense isattributable to bodily injury, sickness, disease or death, or to injury to ordestruction of tangible property (other than the Plant, Equipment or the Workitself).  Kiewit indemnifies the Owner(and the owner of the Plant Site, if the Plant Site is leased by Owner) againstany claims, liability, damages, penalties, losses, costs and expenses,including, but not limited to attorneys fees, arising out of Kiewit’s breach ofits obligation under Section 8.6.

**15.2****                       ****Indemnity by Kiewit for Intellectual Property:**  Kiewit hereby warrants that (i) the Plant,and the use thereof, when operated in accordance with Kiewit’s operatinginstructions, and (ii) the Delta-T Technology and all rights granted to Ownerunder the License Agreement, will not infringe upon any United States patent,trade secret or other intellectual property right.  Kiewit further agrees, upon receipt ofnotification from Owner of a lawsuit or claim against Owner for such aninfringement, to promptly defend and indemnify Owner against such lawsuit orclaim at Kiewit’s own cost.  Kiewitfurther agrees, to indemnify Owner against any royalties, damages, orders,attorney fees and court costs, awarded by a final, non-appealable judgmentresulting from a finding of an infringement covered by this indemnity, or thesettlement of a claim required to be indemnified under this Section 15.2.

**15.3****                       ****Indemnity Obligations:**  The indemnities set forth in Sections 15.1and 15.2 above all shall not apply to any design, process or product of aparticular manufacturer or manufacturers, which is specified by Owner andidentified on Exhibit U.  Owner shallpromptly provide notice to Kiewit of any claim or lawsuit for which Ownerclaims indemnity within time sufficient for Kiewit to contest such claim and inthe event it fails to do so, Kiewit’s indemnity obligation shall be reducedonly to the extent it is prejudiced thereby. Owner shall cooperate fully and promptly with Kiewit in any defense ofsuch claim or lawsuit.  Owner agrees

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thatKiewit shall have full authority and defense of such lawsuit or claim and tosettle such lawsuit or claim, provided that Owner is released from anyliability and Kiewit pays to Owner the cost, if any, (i) incurred by Owner inconnection with such lawsuit or claim (including without limitation reasonableattorneys fees), and (ii) of any change in operations of the Plant resultingfrom such settlement.

**15.4****                       ****Indemnity by Owner - Existence of HazardousSubstances:**  Owner shall defend, indemnify and holdharmless Kiewit and its agents and employees from and against all damages,losses and expenses, including but not limited to attorney’s fees, and arisingor resulting from a claim, order, requirement or charge made or brought by athird party or by the federal, state or local government, or any department,agency or subdivision thereof, arising out of or relating to the existence ofany Hazardous Substance located on or under the Plant Site and not (i) broughtto the Plant Site by Kiewit or its Subcontractors or (ii) resulting from thenegligent exacerbation of a known environmental condition by Kiewit or itsSubcontractors. This indemnification is valid only if (a) Kiewit gives noticeof any claim or lawsuit for which it claims indemnity within time sufficientfor Owner to contest such claim, (b) Kiewit cooperates fully and promptly withOwner in the defense thereof, and (c) Owner has full authority in defense ofsuch lawsuit or claim and to settle such claim, provided that such settlementrequires payment of monetary damages only and that Owner can, and does, pay thefull cost of any such settlement.

**16.          ConsequentialDamages and Limitation of Liability:**

**16.1****                       **Inno case shall Kiewit (or Kiewit’s subcontractors or vendors) or Owner have anyliability to the other arising out of or relating to any performance, delay inperformance, or breach of this Contract for any indirect, incidental, reliance,punitive, exemplary, or other consequential damages of any kind (including,without limitation, lost profits, increase in costs of goods or servicesresulting from delay, cost of capital or losses due to business interruption)whether based in contract, tort or by operation of law, whether or not Kiewitor Owner had knowledge of the damages that might result, except to the extentof either Party’s obligations to indemnify for third party claims properlycharacterized as

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consequentialin nature.  Furthermore, Kiewit’scumulative liability for any and all losses, claims, or damages of any kindunder this Contract, including without limitation liquidated damages payableunder Article 5 or Article 7, shall in no event exceed *** of the Contract Sum,which limitation shall be reduced to *** of the Contract Sum upon theachievement of the Threshold; provided, however, that the foregoing limitationsof liability to *** of the Contract Sum upon the achievement of the Thresholdshall not apply to liability for (i) breach of Kiewit’s obligations to clearliens in accordance with Section 8.6, (ii) fraud or willful misconduct byKiewit or its Subcontractors (iii) Kiewit’s indemnities pursuant to Article 15,(iv) any right to insurance proceeds Owner may have as a result of its statusas “additional insured” on any policy of insurance supplied by Kiewit pursuantto this Contract, or (v) Kiewit’s warranty obligations under Article 12;provided however, that in any event the aggregate limitation of liability of*** of the Contract Sum shall apply. Notwithstanding any provision herein to the contrary, Kiewit’s liabilityunder this Contract as to costs associated with any defects in Delta-T scope ofwork under Kiewit’s subcontract with Delta-T (i) which result in the failure toachieve Substantial Completion shall be limited to *** and (ii) after achievingSubstantial Completion, which result in the failure to achieve the Thresholdshall be limited to the License Fee plus any proceeds from the insurancecoverage under Section 14.2(d) resulting from a claim(s) by Owner, and (iii)after achieving the Threshold, which results in the failure to achieve thePerformance Guarantees shall be limited to the lesser of the License Fee or theliquidated damages described in Section 7.8 which would apply for failure toachieve the Performance Guarantees, plus any proceeds from the insurancecoverage under Section 14.2(d) resulting from a claim(s) by Owner, minus anyamounts incurred by Kiewit under item (ii) of this sentence; provided, however,in the event of Delta-T’s bankruptcy or insolvency which results in Delta-T notpaying to Kiewit amounts equal to the amount of Kiewit’s liability to Ownerunder this sentence up to the applicable limitations on liability set forthabove in this sentence then in lieu of such applicable limitations onliability, Kiewit’s liability shall be limited to the sum of (x) any amountspaid by Delta-T to Kiewit with respect to such liability of Kiewit to Ownerunder this sentence, (y) any amounts not yet paid by Kiewit to Delta-T underKiewit’s subcontract with Delta-T

45

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(includingwithout limitation any retainages) and (z) any proceeds from the insurancecoverage under Section 14.2(d); but only if the sum of (x), (y) and (z) islower than the otherwise applicable limitation on liability set forth above inthis sentence.  For the avoidance ofdoubt, the limitations of the preceding sentence shall not in any way limit theinsurance carrier’s obligations under such insurance coverage under Section14.2(d) with respect to any such claim by Owner.  In addition, Kiewit shall be obligated to useits best reasonable efforts to maximize payments under such coverage withrespect to any such claim(s) by Owner and Kiewit shall be obligated to use itsbest reasonable efforts to maximize any recoveries from Delta-T and/or itsbankruptcy estate in the event of Delta-T’s insolvency or bankruptcy.

**16.2****                       ****Maximum Liquidated Damages Amounts:**

(a)           Notwithstanding any other provisionsin this Contract to the contrary, in no event shall Kiewit’s aggregateliability for the liquidated damages described in Section 5.1 associated with adelay in Substantial Completion exceed *** of the Contract Sum, except fordelays attributable to equipment which is the subject of the AWA for which suchliquidated damages shall not exceed *** of the Contract Sum, and except fordelays for which Kiewit pays Reduced LDs (as defined in Section 5.1) for whichsuch liquidated damages shall not exceed ***.

(b)           In no event shall Kiewit’s liabilityfor liquidated damages described in Section 7.8 associated with failure toachieve the Anhydrous Fuel Ethanol Production Guarantee, Anhydrous Fuel EthanolYield Guarantee, and the Natural Gas Consumption Guarantee due to Delta-T’sdesign of the Plant exceed, individually and in the aggregate, ***, less anyamounts incurred by Kiewit under items (ii) and (iii) of the third to lastsentence (i.e. beginning with “Notwithstanding any provision. . .”)of Section 16.1 above (excluding any proceeds from the insurance coverage underSection 14.2(d)).

(c)           Notwithstanding any other provisionin this Contract to the contrary, in no event shall Kiewit’s aggregateliability for liquidated damages described in Section 5.1 and Section 7.8exceed *** of the Contract Sum.

**17.          IntentionallyDeleted**

46

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**18.****                              ****Dispute Resolution**

**18.1****                       ****Executive Conference or Mediation:**  In the event of any controversy or claimarising out of or related to this Contract, or the interpretation, terminationor breach hereof, the Parties shall, upon the written request of either ofthem, attempt to resolve the matter by agreement of the representatives of theParties (collectively “Representatives”). Such representatives shall be at least one management level above theindividuals who have had direct responsibility for performance of the Contract,or the highest level of management of any Party whose highest level ofmanagement has had direct responsibility for such performance.  Such Representatives shall meet in person orby telephone or teleconference at least once, and shall attempt to resolve anymatter raised by either of them by the written notice requesting suchresolution within a period of thirty (30) Days from such written request.  In the event that the Parties are unable toresolve the dispute by agreement of such Representatives within such thirty (30)Day period, then at the written request of either Party, the Parties shallsubmit the matter to mediation under the then current rules of mediation andconciliation of the American Arbitration Association.  The Parties shall attempt to resolve any mattersubmitted to mediation under this Section 18.1 within thirty (30) Days afterthe date of delivery of the written request for mediation.  However, neither Party shall have anyobligation to resolve the matter in dispute at such mediation during this thirty(30) Day period.

**18.2****                       ****Arbitration:**  Any controversy or claim arising out of orrelated to this Contract, or the interpretation, termination or breach hereof,which cannot be resolved by mutual agreement of the Parties or by mediationwithin the time periods provided at Section 18.1 above, shall be submitted tobinding arbitration in accordance with the applicable rules of the ConstructionIndustry Rules of the American Arbitration Association.  The place of arbitration shall be Des Moines,Iowa.  Judgment upon any award renderedin arbitration under this Contract may be entered and enforced in any court ofcompetent jurisdiction.  Arbitrationshall be commenced by mailing or delivering a written demand for arbitration byeither party upon the other.

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(a)                                  Withinthirty (30) days of a written demand for arbitration, each party shall appointan arbitrator and give written notice to the other party of such appointment.

(b)                                 Thetwo (2) arbitrators so appointed shall, within fourteen (14) days, appoint athird arbitrator who shall serve as the chairman of the arbitral tribunal.

(c)                                  Ifeither party fails to appoint an arbitrator within thirty (30) days of noticeof a demand for arbitration or if the two (2) arbitrators appointed fail toagree on a third arbitrator within fourteen (14) days following appointment ofthe second arbitrator, the unappointed arbitrator shall be appointed asprescribed by the then current Construction Industry Arbitration Rules of theAmerican Arbitration Association for the appointment of a sole arbitrator.

(d)                                  Ifan arbitrator fails or is unable to act, his successor will be appointed in thesame manner as the arbitrator he succeeds.

(e)                                  Unlessotherwise agreed by the parties, the rules and procedures that will be followedin the arbitration will be the then current Construction Industry ArbitrationRules of the American Arbitration Association. The American Arbitration Association shall administer the dispute.

**18.3****                       ****Attorney’s Fees and Costs:**  All costs, expenses and attorney’s feesresulting from the litigation or arbitration of any claim under this Contractshall be paid by the losing Party to the prevailing Party.

**19.          ForceMajeure Event**

A “Force Majeure Event” is any act or event thatprevents the affected party from performing its obligations (other than thepayment of money) or complying with any conditions under this Contract if suchact or event is beyond the reasonable control of, and not the fault of, theaffected party and such party has been unable by the exercise of due diligenceto overcome or mitigate the effects of such act or event.  Force Majeure Events include but are notlimited to acts of war, sabotage, hurricane, tornado, flood,

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unusually severe weather conditions, lightning,earthquake, fire, explosion, civil disturbance, act of God or the public enemy,any unreasonable delay or failure to act of any court or government authority(acting in its governmental capacity and not as a provider of utility services)with respect to a requested action necessary for performance of the Services(provided that such requested action is legal, customary and within suchauthority’s jurisdiction and application therefor was made in a proper andtimely manner and was diligently pursued), strikes or other labor disputes of aregional or national character, or transportation accidents (including, but notlimited to vessels at sea) involving long lead items of Equipment.  Force Majeure Events do not include on-sitestrikes, on-site work stoppages and on-site labor disputes or unrest involvingemployees of Kiewit or its Subcontractors, breakdown or late delivery ex worksby Subcontractors of Equipment or materials (except to the extent caused by aForce Majeure Event), shortages or price fluctuations with respect toEquipment, materials or other components of the Services, and economichardship.

**20.          GeneralProvisions**

**20.1****                       ****Assignment:**  Neither Kiewit nor Owner shall assign ortransfer its duties or obligations hereunder without the prior written consentof the other, which consent shall not be unreasonably withheld, except that Ownermay assign this Contract to its lenders to the extent necessary to supportobligations inherent in the project financing structure and to the Indiana PortCommission in connection with that certain lease of the Plant Site betweenOwner, as lessee, and the Indiana Port Commission, as lessor, dated October 31,2006.  This Contract shall be bindingupon and shall inure to the benefit of the Parties and the successors andpermitted assigns of Owner and Kiewit.

**20.2****                       ****Entire Contract; Waiver; Amendment:**  These General Conditions and the attachedExhibits constitute the full and complete contract between the Parties heretowith respect to the subject matter hereof. There are no statements, agreements, understandings, representations ortrade customs of any kind, express or implied, concerning the subject matterwhich are not merged herein or superseded hereby.  A waiver of any of the terms of this Contractshall not bind either Party unless signed by one of its duly authorizedRepresentatives.  Waiver

49

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byeither Party of any default by the other Party hereunder shall not be deemed awaiver by such Party of any default by the other which may occurthereafter.  This Contract may only bemodified or amended by an agreement in writing executed by both Parties hereto.

**20.3****                       ****Governing Law:**  The validity, performance, construction andeffect of this Contract shall be governed by the laws of the state of State ofIndiana, except with regard to its choice of law rules.

**20.4****                       ****Notices:**  All notices provided for herein will be consideredas properly given if in writing and (i) delivered personally,  (ii) sent by certified or registered mail,postage prepaid, return receipt requested, (iii) sent by recognized overnightdelivery service company or (iv) sent by facsimile followed by a hard copy sentvia certified or registered mail or by overnight delivery as set forth aboveaddressed to::
| If to Kiewit, to: | 7906 North Sam Houston Parkway, Suite 300 |
|-------------------|-------------------------------------------|
|              | Houston, TX 77064 USA                     |
|              | Attn: Mike Casey, Sr. VP                  |
|              | Facsimile: 281-517-8906                   |
|              |                                      |
| If to Owner, to:  | 1300 South 2nd Street                |
|              | Pekin, IL 61554                           |
|              | Attn: Jeff Moery, Vice President          |
|              | Facsimile: (309) 478-1526                 |

Notices shall be deemed effective upon actualreceipt, or in the case of posting in the U. S. mail, on the fourth Day aftermailing.

**20.5****                       ****Survival:**  Articles 15, 16, 18, 19, and 20 shall survivetermination of this Contract.

**20.6****                       ****Third Parties:**  The Parties agree that this Contract is notintended by either Party to give any benefits, rights, privileges, actions orremedies to any person, partnership, firm or corporation (other than a Party orits permitted assignee) as a third party beneficiary under any theory of law,except to the extent such benefits, rights, privileges, actions or remedies arespecifically attributed to Delta-T.

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**20.7****                       ****Equal Bargain and Representation:**  The Parties have participated jointly in thenegotiations and drafting of this Contract. In the event that an ambiguity or question of intent or interpretationarises, this Contract shall be construed as if drafted jointly by the Partieshereto, and no presumption or burden of proof shall arise favoring ordisfavoring any Party by virtue of the authorship of any of the provisions ofthis Contract.  Each of the Partiesacknowledges that it has been represented by legal counsel of its own choicethroughout all negotiations, preparation, review and execution of thisContract, and that each Party has executed this Contract voluntarily and withthe consent and on the advice of any such legal counsel.  In entering into this Contract, each Partyhas undertaken such factual inquiry as it has deemed necessary and has reliedsolely on that inquiry and not on statements or representations of the otherParty except as expressly set forth in this Contract.

**20.8****                       ****Time Bar to Claims:**  All claims by Owner against Kiewit arisingout of or in any way connected with this Contract or the services to beperformed hereunder, or by Owner against Delta-T arising out of or relating tothis Contract or the services to be performed hereunder, shall be barred andunder no circumstances shall any such claim be asserted by Owner unlessasserted in writing to Kiewit within four (4) years after the date of achievingthe Threshold, unless this Contract shall be terminated earlier, as providedherein, in which case the date of termination of this Contract shall be thedate on which such period shall commence; provided, however, notwithstandingthe foregoing, if any claim is asserted by a third party against Owner forwhich Owner would have a claim against Kiewit or Delta-T, including, but notlimited to, matters covered by Section 15.2 of this Contract, the foregoingfour (4) year limitation period shall not apply and instead a ten (10) yearlimitation period shall apply.

**20.9****                       ****Representations:**  Each Party represents and warrants to theother as of the date hereof that:

(a)           Organization, Qualification andGood Standing.  Such Party (a) isduly organized, validly existing, and in good standing under the laws of itsstate of organization, (b) is duly qualified to transact business and is ingood standing

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underthe laws of each jurisdiction where the conduct of its business requires it toso qualify, and (c) has all the requisite company power and authority to own orhold under lease its property and assets, and to transact the business in whichit is engaged.

(b)                                 Authority.This Contract has been duly executed and delivered by such Party.  Such Party has the full power and authorityto enter into this Contract, to make the representations, warranties, covenantsand agreements made herein and to consummate the transactions contemplatedhereby.  The execution, delivery andperformance of this Contract and the consummation of the transactionscontemplated hereby have been duly and validly authorized by all requisitecompany action on the part of such Party.

(c)                                  LegallyBinding.  This Contract and each of the documentsdescribed herein to be executed by such Party constitute legal, valid andbinding obligations of such Party, enforceable against such Party in accordancewith their terms, except as enforcement may be limited by bankruptcy,insolvency, or other similar laws affecting the enforceability of creditors’rights in general, and to moratorium laws from time to time in effect.

(d)                                 NoViolation or Breach Resulting from this Transaction.  Neither the execution or delivery of thisContract by such Party nor the consummation by such Party of the transactionscontemplated hereby:

(i)            shallconstitute a violation or breach by such Party of any judgment, order, writ,injunction or decrees issued against or imposed upon such Party; or

(ii)           shallresult in the violation by such Party of any applicable law, order, rule orregulation or decree of any governmental or quasi-governmental authority.

**20.10****                ****Kiewit’s Representations****:**  Kiewit represents to Owner as follows:

(i)            UponSubstantial Completion and at all relevant times thereafter, the Plant  will be fit for its intended purposes;

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(ii)           Kiewitshall perform its construction, installation, commissioning and testingservices hereunder in a good and workmanlike manner and otherwise in accordancewith Good Industry Standards;

(iii)          ThePlant will, at all times through Final Acceptance, comply with all ApplicableLaws, the applicable requirements of this Contract and Good Industry Standards;

(iv)          AllWork Materials procured or furnished by Kiewit hereunder shall be new or unused(unless otherwise agreed by Owner in writing), of good quality and inaccordance with Good Industry Standards and the specifications set forth inthis Contract and the Schedules.

(v)           Whenoperated at the nameplate capacity in accordance with Delta-T operatingprocedures, the Plant will not produce a process contact discharge effluentstream.  All effluent generated by theprocess units, over and above what is directly recycled to the process, will becapable of being directed to the waste water collection tank described inExhibit A, which will be capable of receiving and holding all such effluent.This tank will be capable of being utilized as a temporary storage location andwill be capable of allowing any off specification contents to be buffered priorto being reintroduced into the process. Material from the waste water collection tank will be capable of beingrecycled into the process at an appropriate flow rate.

**20.11****                ****Time:**  Time is of the essence in the performance ofall obligations of this Contract; provided however, that the only guarantees,liabilities and liquidated damages that will apply with respect to thisobligation are those specifically stated in this Contract.

**20.12****                ****Counterparts:** This Contract may be executed by Kiewit and Owner in any number ofcounterparts, each of which shall be deemed an original instrument, but all ofwhich together shall constitute one and the same instrument.  Execution can be evidenced by fax signatureswith original signature pages to follow in due course.

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Witness Whereof, the Parties hereto haveexecuted this Contract on the 31 day of May, 2007.
| kiewit energy company                  |                    | aventine renewable energy -  mt. vernon, llc |
|----------------------------------------|-------------------------|----------------------------------------------|
|                                   |                    |                                         |
|                                   |                    |                                         |
| By:                                    | /s/ Bradley J.  Kaufman |                                         | By: | /s/ Daniel R. Trunfio, Jr. |
| Printed Name:  Brad  Kaufman |                    | Printed Name:  Dan Trunfio         |
| Title:  President            |                    | Title:  Chief Operating Officer    |
| Date:                                  | 5/31/07                 |                                         | Date: | 5/31/07 |
|                                        |                         |                                              |  |  |  |  |

 

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EPC Fixed Price Contract

Exhibit A Scope of Work

Mt Vernon Ethanol

**EXHIBIT A**

**SCOPE OF WORK**

**AND**

**TECHNICAL SPECIFICATIONS**

**FOR**

**MT. VERNON, INDIANA**

**A.1          SCOPE OF WORK**

**A.2          KIEWIT TECHNICAL SPECIFICATIONS**

1

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**A.1  SCOPE OF WORK**

**1.0****                                                      ****PROJECT DESCRIPTION**

Kiewit shall provide to theOwner the full complement of design and engineering, procurement, construction,start-up, and performance testing for the Plant named Mt. Vernon in Mt. Vernon,Indiana as is more fully defined herein. A general project description is providedin Section 2.0 of this Exhibit A.1.

ThePlant shall be furnished in accordance with this Contract, including withoutlimitation, this Exhibit A.1, “Scope of Work”; Exhibit A.2, “Design,Engineering and Codes”; and the other Exhibits that form this Contract. ThePlant shall be consistent with ethanol industry standards for design, equipmentselection and construction.  Whereconflicts exist between Exhibits A.1 and A.2, Exhibit A.1 shall govern.  In the event of a conflict between Exhibit Aand the Contract Drawings (Contract Drawings attached at the end of theseExhibits A.1 and A.2), information shown on the drawings shall govern exceptthat Exhibits A.1 and A.2 shall govern over Delta-T P&IDs that are part ofthe Contract Drawings.  Technicalspecifications shall be provided to the Owner, and shall contain additionaldetails for the scope of work. In the event of a conflict between Exhibits A.1,A.2, and Delta T provided standard specifications, Exhibits A.1 and A.2 shallgovern except in the instance where Exhibits A.1 or A.2 have conflicted withDelta T specifications in such a manner that will prevent the plant fromachieving project Performance Guarantees. Delta-T provided data sheets for Kiewit procured equipment are providedat the end of this exhibit as an attachment titled, “Delta-T Datasheets”.  The following shall be submitted by Kiewit toOwner for comment:

1.                                       BuildingsPlans;

2.                                       GeneralArrangement Drawings;

3.                                       One LineElectrical Diagrams;

4.                                       P & IDdrawings;

5.                                       Final Equipmentspecifications and shop drawings.

Commentswill be returned to Kiewit within 7 business days.  If comments are not received within the 7business days, Kiewit shall proceed and assume Owner has no comments.

Ownerwill be part of periodic 3D model reviews of Kiewit’s design to discussequipment layout and access.

**2.0****                                                      ****SCOPE OF WORK**

2.1                                                      Work By Kiewit

Majorcomponents and systems of the Plant are listed below:

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| A.     |   | Grain receiving equipment ***. Final sizing criteria  to be agreed upon with Owner.                     |
|--------|--------|---------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                    |
| B.     |   | *** inbound and *** outbound truck scale and one  grain sampling system for incoming trucks. ***        |
|   |   |                                                                                                    |
| C.     |   | Conveying equipment for transport of corn from bulk  storage silos to milling surge bin                 |
|   |   |                                                                                                    |
| D.     |   | *** hammer mills including surge bin, rotary feeder,  discharge plenum, and conveyor to slurry mix tank |
|   |   |                                                                                                    |
| E.     |   | *** slurry mix tank *** forwarding pump                                                                 |
|   |   |                                                                                                    |
| F.     |   | *** liquefaction tanks including agitators and pumps                                                    |
|   |   |                                                                                                    |
| G.     |   | Beer cook heat exchangers and booster pump                                                              |
|   |   |                                                                                                    |
| H.     |   | Mash cooler and booster pump                                                                            |
|   |   |                                                                                                    |
| I.     |   | *** yeast mix tank, agitator, and pump                                                                  |
|   |   |                                                                                                    |
| J.     |   | *** yeast propagation tank ***.                                                                         |
|   |   |                                                                                                    |
| K.     |   | Yeast propagation cooler                                                                                |
|   |   |                                                                                                    |
| L.     |   | *** fermentation tanks ***                                                                              |
|   |   |                                                                                                    |
| M.     |   | *** CO2 gas scrubber and pump                                                                           |
|   |   |                                                                                                    |
| N.     |   | *** vent gas scrubber and pump                                                                          |
|   |   |                                                                                                    |
| O.     |   | *** beer well tank including agitator and pump                                                          |
|   |   |                                                                                                    |
| P.     |   | *** process condensate tank and pump                                                                    |
|   |   |                                                                                                    |
| Q.     |   | Beer columns, rectifier columns, reboilers, flash  receivers, ***                                       |
|   |   |                                                                                                    |
| R.     |   | *** required for the dehydration process                                                                |
|   |   |                                                                                                    |
| S.     |   | *** acid reduction column, ***                                                                          |
|   |   |                                                                                                    |
| T.     |   | Evaporators, ***                                                                                        |
|   |   |                                                                                                    |
| U.     |   | *** centrifuges ***.                                                                                    |
|   |   |                                                                                                    |
| V.     |   | *** syrup storage tank including pumps and agitator                                                     |
|   |   |                                                                                                    |
| W.     |   | *** thin stillage storage tank including agitator  and pumps                                            |
|   |   |                                                                                                    |
| X.     |   | *** whole stillage storage tank including agitator  and pumps                                           |
|   |   |                                                                                                    |
| Y.     |   | *** dryers including regenerative thermal oxidizers                                                     |
|   |   |                                                                                                    |
| Z.     |   | *** CIP dilution tank, heater and supply/return  pumps                                                  |
|   |   |                                                                                                    |
| AA.    |   | *** ethanol shift tanks and pumps                                                                       |
|   |   |                                                                                                    |
| BB.    |   | *** denaturant storage tanks and pumps.                                                                 |
|   |   |                                                                                                    |
| CC.    |   | *** corrosion inhibitor tank and pumps                                                                  |
|   |   |                                                                                                    |
| DD.    |   | *** off-spec product storage tank and pump –                                                       |
|   |   |                                                                                                    |
| EE.    |   | *** product storage tanks.                                                                              |

 

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|        |       |                                                                                                                           |
|--------|------------|--------------------------------------------------------------------------------------------------------------------------------|
| FF.    |       | *** ethanol load out system ***                                                                                                |
|   |       |                                                                                                                           |
| GG.    |       | *** multi-cell mechanical draft counter-flow cooling  tower.                                                                   |
|   |       |                                                                                                                           |
| HH.    |       | All equipment, components, piping and conduits for  the following systems:                                                     |
|   |       |                                                                                                                           |
| 1.     |       |                                                                                                                           | Boiler water. *** |
|   |       |                                                                                                                           |   |
| 2.     |       |                                                                                                                           | Cooling tower / circulating water system. *** |
|   |       |                                                                                                                           |   |
| 3.     |       |                                                                                                                           | Condensate / feed water system |
|   |       |                                                                                                                           |   |
| 4.     |       |                                                                                                                           | Steam piping from boilers to process users |
|   |       |                                                                                                                           |   |
| 5.     |       |                                                                                                                           | Wastewater (tie to existing system) |
|   |       |                                                                                                                           |   |
| 6.     |       |                                                                                                                           | Station instrument / service air |
|   |       |                                                                                                                           |   |
| 7.     |       |                                                                                                                           | Other systems as specifically described herein |
|   |       |                                                                                                                           |
| II.    |       | *** chillers for cooling during hot weather  operation                                                                         |
|   |       |                                                                                                                           |
| JJ.    |       | Steam and water interconnection and delivery system  for process                                                               |
|   |       |                                                                                                                           |
| KK.    |       | Wastewater collection equipment ***                                                                                            |
|   |       |                                                                                                                           |
| LL.    |       | *** instrument/service air compressors, air  receivers and air dryer(s).                                                       |
|   |       |                                                                                                                           |
| MM.    |       | *** air blower for yeast propagation                                                                                           |
|   |       |                                                                                                                           |
| NN.    |       | Concrete foundations, slabs and anchor bolts  installed in place for all equipment.                                            |
|   |       |                                                                                                                           |
| OO.    |       | Required structural steel for components, pipe  supports, anchors, and enclosures.                                             |
|   |       |                                                                                                                           |
| PP.    |       | Electrical equipment up to the facility substation  *** provided by local power company.                                       |
|   |       |                                                                                                                           |
| QQ.    |       | Plant fire protection ***. Fire protection for each  building / area defined later in Section 4.11.                            |
|   |       |                                                                                                                           |
| RR.    |       | A fully enclosed main process building ***.                                                                                    |
|   |       |                                                                                                                           |
| SS.    |       | A fully enclosed boiler building ***.                                                                                          |
|   |       |                                                                                                                           |
| TT.    |       | Plant control room ***.                                                                                                        |
|   |       |                                                                                                                           |
| UU.    |       | A fully enclosed administration building ***.                                                                                  |
|   |       |                                                                                                                           |
| VV.    |       | An enclosed storage building for storage of dried  distiller grains (DDGS) as later defined in 4.10                            |
|   |       |                                                                                                                           |
| WW.    |       | An enclosed grain receiving and DDGS loading  building ***.                                                                    |
|   | ** ** | ** **                                                                                                                     |
| XX.    |       | *** enclosed maintenance building as later defined  in 4.10.                                                                   |
|   |       |                                                                                                                           |
| YY.    |       | Distributed Control System (DCS) for new equipment.                                                                            |
|   |       |                                                                                                                           |
| ZZ.    |       | Local transducers, controllers, signal converters,  gauges and control devices mounted in cabinets, panels or installed in the |

 

4

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|        |   | process lines and interconnected with control room  devices and controls including a distributed control system (DCS) for the  facility                                                                                               |
|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                  |
| AAA.   |   | Required connecting process piping, valves, ducts,  specialties and pneumatic tubing.                                                                                                                                                 |
|   |   |                                                                                                                                                                                                                                  |
| BBB.   |   | Thermal, personnel protection and anti-sweat  insulation for piping and equipment where required.                                                                                                                                     |
|   |   |                                                                                                                                                                                                                                  |
| CCC.   |   | Proper protective measures for underground piping as  determined necessary.                                                                                                                                                           |
|   |   |                                                                                                                                                                                                                                  |
| DDD.   |   | Architectural finishes and features shall be  manufacturer’s standard as defined in Section 4.10.                                                                                                                                |
|   |   |                                                                                                                                                                                                                                  |
| EEE.   |   | Electrical equipment and material as more fully  described herein and in Exhibit A.2.                                                                                                                                                 |
|   |   |                                                                                                                                                                                                                                  |
| FFF.   |   | Installation, startup, and testing of the Plant  equipment. Technical Field Assistants for Owner supplied equipment shall be  provided by the Owner as required to support Kiewit’s erection, startup and  commissioning effort. |
|   |   |                                                                                                                                                                                                                                  |
| GGG.   |   | Heating, ventilating, and air conditioning systems  as defined in section 4.10 and Exhibit A.2.                                                                                                                                       |
|   |   |                                                                                                                                                                                                                                  |
| HHH.   |   | Instruction, operating and maintenance manuals for  all equipment supplied by Kiewit.                                                                                                                                                 |
|   |   |                                                                                                                                                                                                                                  |
| III.   |   | Natural gas distribution system excluding metering,  regulation, gas chromatograph, and odorization.                                                                                                                                  |
|   |   |                                                                                                                                                                                                                                  |
| JJJ.   |   | *** soft water storage tank. Tank may be field fabricated  or shop fabricated.                                                                                                                                                        |
|   |   |                                                                                                                                                                                                                                  |
| KKK.   |   | Training for Owner provided operations personnel.                                                                                                                                                                                     |
|   |   |                                                                                                                                                                                                                                  |
| LLL.   |   | Other systems as required to provide a fully  functional facility.                                                                                                                                                                    |

 

5

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**Table of Major Plant Pumps:**
| Pumps                         | ** ** | **Quantity*** | ** ** | **Design Basis** |
|-------------------------------|------------|---------------|------------|------------------|
| Slurry Mix Tank  Pump         |       | ***           |       | ***              |
| Liquefaction  Pump            |       | ***           |       | ***              |
| Beer Booster  Pump            |       | ***           |       | ***              |
| Mash Booster  Pump            |       | ***           |       | ***              |
| Yeast Mix Pump                |       | ***           |       | ***              |
| Yeast  Recirculation Pump     |       | ***           |       | ***              |
| Fermenter Pump                |       | ***           |       | ***              |
| CO2 Scrubber  Pump            |       | ***           |       | ***              |
| Beer Well Pump                |       | ***           |       | ***              |
| CIP Return Pump               |       | ***           |       | ***              |
| Beer #1 Reboiler  Recirc Pump |       | ***           |       | ***              |
| Beer Column #1  Bottoms Pump  |       | ***           |       | ***              |
| Beer #2 Reboiler  Recirc Pump |       | ***           |       | ***              |
| Beer Column #2  Bottoms Pump  |       | ***           |       | ***              |
| BC Overheads  Pump            |       | ***           |       | ***              |
| RC Feed Pump                  |       | ***           |       | ***              |
| Rectifier Reflux  Pump        |       | ***           |       | ***              |

 

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| Pumps                                                             | ** ** | **Quantity*** | ** ** | **Design Basis** |
|-------------------------------------------------------------------|------------|---------------|------------|------------------|
| Rectifier Column  Pump                                            |       | ***           |       | ***              |
| Regeneration  Pump                                                |       | ***           |       | ***              |
| Product (to  Shift Tanks) Pump                                    |       | ***           |       | ***              |
| 1st Effect Evap Pump                                         |       | ***           |       | ***              |
| 2nd Effect Evap Pump                                         |       | ***           |       | ***              |
| 2nd Effect Forward Feed Pump                                 |       | ***           |       | ***              |
| 3rd Effect Evap Pump                                         |       | ***           |       | ***              |
| Evaporator Cond.  Pump                                            |       | ***           |       | ***              |
| Evap Vacuum  Eductor Pump                                         |       | ***           |       | ***              |
| Finisher Forward  Feed Pump                                       |       | ***           |       | ***              |
| Finisher Recirc  Pump                                             |       | ***           |       | ***              |
| Whole Stillage  Pump                                              |       | ***           |       | ***              |
| Thin Stillage  Transfer Pump (from thin stillage collection tank) |       | ***           |       | ***              |
| Syrup Pump                                                        |       | ***           |       | ***              |
| Thin Stillage  Pump (from thin stillage storage tank)             |       | ***           |       | ***              |
| Ethanol Transfer  Pump (from shift tanks)                         |       | ***           |       | ***              |
| Off Spec Ethanol  Pump                                            |       | ***           |       | ***              |
| Denaturant  Unloading Pump                                        |       | ***           |       | ***              |

 

7

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| Pumps                          | ** ** | **Quantity*** | ** ** | **Design Basis** |
|--------------------------------|------------|---------------|------------|------------------|
| Denaturant Pump                |       | ***           |       | ***              |
| Corrosion  Inhibitor Pump      |       | ***           |       | ***              |
| Product Loadout  Pump          |       | ***           |       | ***              |
| Cooling Water  Pumps           |       | ***           |       | ***              |
| Chilled Water  Pumps           |       | ***           |       | ***              |
| Process water  supply pumps    |       | ***           |       | ***              |
| Steam Condensate  Pump         |       | ***           |       | ***              |
| Soft water  Forwarding Pumps   |       | ***           |       | ***              |
| Process  Condensate Pump       |       | ***           |       | ***              |
| High Pressure  CIP Supply Pump |       | ***           |       | ***              |
| Low Pressure CIP  Supply Pump  |       | ***           |       | ***              |
| Caustic Feed  Pump             |       | ***           |       | ***              |
| Ammonia Feed  Pump             |       | ***           |       | ***              |
| Sulfuric Acid  Pump            |       | ***           |       | ***              |
| Gluco Amylase  Pump            |       | ***           |       | ***              |
| Alpha Amylase  Pump            |       | ***           |       | ***              |
| Urea Pump                      |       | ***           |       | ***              |
| Boiler Feed  Water Pumps       |       | ***           |       | ***              |
| Sump Pumps                     |       | ***           |       | ***              |

 

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| Pumps                | ** ** | **Quantity*** | ** ** | **Design Basis** |
|----------------------|------------|---------------|------------|------------------|
| Sanitary Sump  Pumps |       | ***           |       | ***              |

 

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* The quantity of pumps andpercent capacity are approximations and may be increased or decreased based onfinal design of facility.

**Table of Field Erected Tanks**
| Tank (Quantity)              | ** ** | **Capacity per Tank  (gallons)*** | ** ** | **Material of  Construction**** |
|------------------------------|------------|-----------------------------------|------------|---------------------------------|
| Raw/Fire Water  ***          |       | ***                               |       | ***                             |
| Slurry Mix Tank  ***         |       | ***                               |       | ***                             |
| Liquefaction  Tank ***       |       | ***                               |       | ***                             |
| Yeast  Propagation Tank ***  |       | ***                               |       | ***                             |
| Fermentation  Tank ***       |       | ***                               |       | ***                             |
| Beer Well ***                |       | ***                               |       | ***                             |
| Whole Stillage  Tank ***     |       | ***                               |       | ***                             |
| Thin Stillage  Tank ***      |       | ***                               |       | ***                             |
| Syrup Tank ***               |       | ***                               |       | ***                             |
| Ethanol  Shift/Day Tank ***  |       | ***                               |       | ***                             |
| Denaturant Tank  ***         |       | ***                               |       | ***                             |
| Ethanol Off-Spec  Tank ***   |       | ***                               |       | ***                             |
| Product Storage  Tank ***    |       | ***                               |       | ***                             |
| Process  Condensate Tank *** |       | ***                               |       | ***                             |
| CIP Tank ***                 |       | ***                               |       | ***                             |
| Ammonia Tank ***             |       | ***                               |       | ***                             |
| Soft Water Tank  ***         |       | ***                               |       | ***                             |

 

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*Tank capacities are approximations and may be increased or decreased based onfinal design of facility.  Designcapacities shall be adequate to support production at design rate with adequatemargin to prevent momentary upsets or minor equipment failures from stoppingproduction.

**Statedmaterial is for wetted tank surfaces only. Materials stated may change based on material availability, laboravailability, and/or cost.  Kiewit shallprovide documentation stating substituted material is adequate for service.

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***Tank may be field fabricated or shop fabricated.  Final construction to be determined duringfinal design.

****Tank may consist of one large tank or two smaller shop fabricated tanks to getstated capacity.

Kiewitshall also provide preparation of, filing for, and cost for obtaining allrequired national, state and local permits for Kiewit’s Scope of Work perExhibits L of the Contract.

Equipmentand material shall be furnished to provide the Owner with a Plant as defined inthis Contract.  The specific componentsmay vary from this description as a result of performing the detailed designand engineering of the Plant; however, all such material and equipment shallcomply with the criteria set forth in this Contract.

2.2                                                         Work By Owner

The Owner shall providedemolition of any existing facilities at the Plant Site.  The Owner shall provide all necessarydemolition, remediation and site preparation to allow Kiewit to begin finalgrading and construction in accordance with the Project Schedule, ExhibitF.  Kiewit has not included any Workinvolving existing Hazardous Waste in this Work.

Owner shall also provide thefollowing:

1)                          Preparation and filing of all permitsreferenced in Exhibit L.

2)                          Preparation of, filing for, and cost forobtaining all required national, state and local permits including Plantoperation requirements and construction permits for Owners scope as set forthin Exhibit L of the Contract

3)                          Soils testing, geotechnical evaluation,topographic and legal surveys to the satisfaction of Kiewit.

4)                          License fee for utilization of Delta TTechnology

5)                          Plant operation and maintenance personnel andequipment from date of Mechanical Completion.

6)                          Copies of all permit applications andapprovals that provide technical or commercial requirements to be considered inthe design or construction of the Plant.

7)                          Appropriate space and equipment to conducttraining.

8)                          Office furniture and office equipment forControl Room Building, Administration Building, and Maintenance Building.  Computer desk in control room to be providedby Kiewit.  All other office furniturehas been excluded.

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9)                          Plant operating equipment including, but notlimited to, front-end loaders, rail cars, forklifts, trucks, and shop equipment(welders, power tools, etc).

10)                    All operational requirements, such asfeedstock, chemicals, spare parts, power, gas, needed to produce ethanol.

11)                    Plant utilities, such as water, sewer, gas,electricity, site specific on the Plant boundary.

12)                    Rail spur including track, scales, andswitches including engineering and design.

13)                    Owner shall direct Owner’s civil consultantto coordinate design with Kiewit’s design at Kiewit’s discretion.

14)        Any necessary water treatment to meet therequirements for the facility in regards to the boilers or for process makeupand cooling water chemical treatment.

15)                    Costs associated with construction powerusage.

16)                    Natural gas metering and pressure reductionstation and odorization (if required).

17)        Supply and installation of facilityelectrical substation

**3.0****                                                      ****PLANT DESIGN CRITERIA**

3.1                                                         Site and Ambient Conditions
| 3.1.1. |   | Plant Elevation Level                            |   | 400’ above sea level |
|--------|--------|--------------------------------------------------|--------|---------------------------|
|   |   |                                             |   |                      |
| 3.1.2. |   | Plant Atmospheric Pressure                       |   | 14.485 psia               |
|   |   |                                             |   |                      |
| 3.1.3. |   | Ambient Temperature and Humidity for HVAC design |   |                      |
|   |   |                                             |   |                      |
|   |   | Design High Temperature                          |   | ***                       |
|   |   |                                             |   |                      |
|   |   | Design Low Temperature                           |   | ***                       |
|   |   |                                             |   |                      |
| 3.1.4. |   | Seismic Criteria:                                |   | ***                       |
|   |   |                                             |   |                      |
| 3.1.5. |   | Wind Loads:                                      |   | ***                       |

 

3.2                                                         Design Data

Alloutdoor equipment shall be designed for operation for ambient temperaturesbetween *** to ***.  All outdoor water orprocess line with potential for freezing shall be heat traced.  Heat tracing shall be rated for *** service(Thermon D1-HTSX or equivalent) to allow for steam out of the piping withoutdamage to the heat trace insulation.

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3.2.1.                                             Interconnection Table

Thefollowing table provides the requirements for the interconnections betweenKiewit and the Owner.

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**INTERCONNECTION TABLE**
| System                                     | ** ** | **Interconnection  Description** | ** ** | **Flow**                                   | ** ** | **Pressure**                               | ** ** | **Temperature** | ** ** | **Location** |
|--------------------------------------------|------------|----------------------------------|------------|--------------------------------------------|------------|--------------------------------------------|------------|-----------------|------------|--------------|
| Electric Utility***                        |       | ***                              |       | ***                                        |       | ***                                        |       | ***             |       | ***          |   | *** |
| Switchyard                                 |       |                             |       |                                       |       |                                       |       |            |       | ***          |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Natural Gas (Note 1)                       |       | ***                              |       | ***      *** |       | ***      *** |       | ***             |       | ***          |
|                                            |       |                             |       |                                       |       | ***      *** |       | ***             |       |         |
|                                            |       |                             |       |                                       |       | ***      *** |       |            |       |         |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Raw/Potable (City)   Water Supply (Note 2) |       | ***                              |       | ***      *** |       |    ***  ***                 |       | ***             |       | ***          |
|                                            |       |                             |       |                                       |       |    ***  ***                 |       | ***             |       |         |
|                                            |       |                             |       |                                       |       |    *** ***                  |       |            |       |         |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Fire Water Supply                          |       | ***                              |       | ***                                        |       | ***                                        |       | ***             |       | ***          |
|                                            |       |                             |       |                                       |       |                                       |       |            |       | ***          |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Process Blowdown   Water                   |       | ***                              |       | ***                                        |       |    *** ***                  |       | ***             |       | ******       |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Sanitary Sewer                             |       | ***                              |       | ***                                        |       | ***                                        |       | ***             |       | ***          |
|                                            |       |                             |       |                                       |       |                                       |       |            |       | ***          |
|                                       |       |                             |       |                                       |       |                                       |       |            |       |         |
| Startup/Commissioning   Power              |       | ***                              |       | ***                                        |       | ***                                        |       | ***             |       | ***          |
|                                            |            |                                  |            |                                            |            |                                            |            |                 |            |              |  |  |

 

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| Construction Power |   | ***    |   | ***      |   | ***     |   | ***    |   |   |
|--------------------|--------|--------|--------|----------|--------|---------|--------|--------|--------|--------|
|               |   |   |   |     |   |    |   |   |   |   |
| Construction Water |   |   |   | ***  *** |   | *** *** |   | ***    |   |   |

 

NOTES

1.  Natural gas supply shall meet boiler, dryerand RTO fuel gas specification.

2.  Consistent with water quality required byDelta T process specifications as set forth in the Schedule A Package.

3.  Final makeup water rates to be confirmed uponsite water analysis and final requirements of cooling tower and boiler.

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3.3                                                         GeotechnicalAnalysis and Foundation Basis

TheScope of Work is based upon Exhibit D, Site Geotechnical Report dated May 18,2007 (the Geotechnical Report”). To supplement this preliminary analysis, thefollowing comments are noted.

·                  Thecorn silos will likely be on piles

·                  Otherareas of the plant are expected to be supported on native soil, geopiers, or toover excavate and re-compact.

Kiewit’sdesign also assumes no bedrock, or groundwater, other than as set forth in theGeotechnical Report, will be encountered, and deep foundations i.e. piles,geopiers, etc. will be used for the corn silo loads.  Other areas of the plant will use geopiers,over-excavated/re-compacted or native soil. The design assumes that all soils can be excavated with small scrapersand used for fill.  The design does notprovide for the handling or disposal of unsuitable soils, buried refuse ordebris.  The design assumes that designsoil compaction can be achieved using the existing site soils.  All subsurface conditions shall be consideredto be consistent with native soils with no below grade obstructions.

Afinal geotechnical report shall be provided by the Owner, coordinated withKiewit..  It shall include borings,samples and laboratory testing sufficient to determine the existing soilconditions for design and construction of the foundations and other specificfeatures for all major equipment items including tanks, cooling tower, stacks,buildings, plant components, disposal facilities, and roads.  The report shall include recommendations forfoundations, site surfacing/fill materials, and roadway fill.

Any differences between the finalgeotechnical report and the Geotechnical Report shall constitute a change(increase or decrease) to the allowances set forth in Exhibit P.

**4.0****                                                      ****MECHANICAL SYSTEMS AND EQUIPMENT**

4.1                                                         ContinuousEmissions Monitoring System (CEMS)

CEMS monitoring is not included in the scope of theProject.

4.2                                                         Boiler System

Boilers shall be prepackaged, completely assembled,inspected and ready to install as received from the manufacturer.  They shall be water-tube or fire-tube boilerswith a minimum of *** thermal efficiency, built on individual, integral steelframe base(s) with integral forced draft burner(s), burner controls, boilertrim, insulation, and skin casing. Multiple units may be provided to meet the facility operating demandsfor steam production.  Final steamrequirements to be determined during final design as will steam designconditions and quantity of boilers required for Project.

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Boilers shall be natural gas fired and shall includelow-NOX burner system.

Boiler stack shall be *** ft tall and include integralfeed water economizer.

4.3                                                         CirculatingWater System

4.3.1.                                             CoolingTower

An induced draft, multiple cellcounter flow cooling tower will be used for the water cooling supply to thefacility. The tower may be stick built with concrete basin or a modular towerwith integral above ground basin system. The tower shall have the following design characteristics:
| Design Ambient (preliminary): |   | ***              |
|-------------------------------|--------|------------------|
| Approach:                     |   | ***              |
| Range:                        |   | ***              |
| Evaporation Loss Fraction:    |   | By  Manufacturer |

 

Drift:  Shall not exceed ***of the circulating water flow at the design flow of the pumps.

The cooling tower will be equippedwith the following features:

4.3.1.1.            Fansand Drives

Fansshall be multi-blade, axial flow, propeller type.  The fan motors shall be ***,single speed, TEFC with space heaters.

4.3.1.2.            Filland Drift Eliminators

Thefilm-type fill shall be manufacturer’s standard capable of meetingfacility drift requirements.

4.3.1.3.                                   WaterDistribution System

The tower shall be provided with awater distribution system covering the entire fill area of each cell.

4.3.1.4.            Partitions

Multi-cell towers shall beequipped with cell partitions in accordance with the NFPA.

4.3.1.5.            Materialsof Construction

The following materials ofconstruction will be utilized:
| Framework |   | *** |
|-----------|--------|-----|
| Fan Deck  |   | *** |

 

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| Filling                  |   | *** |
|--------------------------|--------|-----|
| Eliminators              |   | *** |
| Eliminators Spacers      |   | *** |
| Partitions               |   | *** |
| Stairway & Handrails |   | *** |
| Distribution System      |   | *** |
| Casing                   |   | *** |
| Fan Stacks               |   | *** |

4.3.1.6.            Accessand Safety

One (1) permanently attached, OSHAapproved stair and one (1) required OSHA approved ladder shall be providedextending from the basin curb to the fan deck for maintenance access.

4.3.2.                                             CirculatingWater Pumps

The cooling water system shallconsist of *** capacity cooling water pumps based upon the design flowfor the pumps.  Pumps shall either bevertical turbine type pumps installed in the tower basin adjacent to thecooling tower per HEI standards and manufacturer’s requirements or horizontalcentrifugal pumps.  Motors for verticalturbine type pumps shall be equipped with anti-reversing devices to preventreverse rotation of the pumps and motors.

4.4                                                         CompressedAir System

The air supply will be froma compressed air system. *** capacity air compressors shall besupplied.  The compressors shall berotary screw (oil-free), air-cooled, *** psig, and sized for thecombined capacity of the instrument air and service air systems.  The system shall be complete with compressorinlet filters, aftercoolers, ASME Code air receiver, TEFC motors, controls,automatic condensate trap, piping and valves. An additional *** compressor shall be supplied formeeting the needs of the yeast propagation tank.  This compressor shall be shall be anair-cooled centrifugal (oil-free) type but will not include or require a dryer,prefilter, afterfilter, or air receiver.

The compressed air dryershall be located upstream of the air receiver. The dryers shall be heatless regenerative absorption air dryers rated at*** psig and *** air outlet dew point complete withpre-filter, after filter, moisture indicator and regulatory valve.

Pressure-regulating valvesshall be provided to prevent the service air system from degrading theinstrument air pressure. The instrument and service air distribution shall befrom a common header.

The service air system shallbe located throughout the plant with connections easily accessed from all sidesof major pieces of equipment.

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4.5                                                         WaterSystems

4.5.1.                                             RawWater Supply and Treatment

Raw water supply and treatmentshall be by Owner.  Owner provided watermust meet the required quality and quantity required by the facility includingthe boilers.  Raw water shall be storedin  a Kiewit supplied storage tank, whichshall also serve as the facility firewater storage tank.  Water shall require no additional treatmentfor use in the process for process makeup, cooling tower makeup, service water(at hose stations), or for fire fighting. Owner is responsible for water supply scope up to the inlet of the rawwater tank.  Boiler feed water shall beprovided from the Owner to Kiewit at the required quality and pressure for usein steam generation.  Kiewit has notincluded treatment of water for boiler use in the scope of the Project.  Kiewit has included a soft water storage tanklocated in the boiler building for storage of boiler makeup water.  Owner is responsible for water supply up tothe inlet of the soft water tank.

4.6                                                         ChemicalFeed System

Chemical feed systems shall includeas a minimum the following metering pumps, skid mounted, pre-packaged andpre-wired:

4.6.1.                                             CirculatingWater 

Chemical feed system for treatmentof cooling tower water supply shall be in the scope of the Owner’s watertreatment supplier with the exception of pH measurement and controller providedby Kiewit.

4.6.2.                                             BoilerFeedwater / Condensate

A.    Feedwater amine

B.             Oxygenscavenging

Space for the boiler chemical feedsystem shall be provided in the boiler building adjacent to the boilers.  Chemical shall be stored in 55 gallon drumsor chemical feed totes provided by the Owner. Space for chemical feed pumps will be located on a shelf or otherelevated area above where storage drums or totes are located.  Chemical additions for boilers shall bemanual operations with local control only for chemical feed pumps.  Kiewit shall provide 120V outlets for usewith Owner supplied chemical feed equipment at agreed to location in the boilerbuilding area.

4.6.3.                                             ProcessChemical Feed  

A.           Caustic– System shall include chemical storage tank with a capacity of ***caustic forwarding pump for feed to CIP dilution tank.  Tanks shall be carbon steel.

B.             Ammonia– System shall include storage tank with a capacity of ***gallons or multiple tanks in series with a total capacity of ***gallons and *** ammonia forwarding pump for feed to the slurry mixtank.  Tank shall be ***.

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C.             SulfuricAcid – System shall include storage tank with a capacity of ***gallons.  Separate pumps (one perservice) shall be provided for feed to the liquefaction system, yeastpropagation system, and the beer/cook process. Tank shall be ***. Owner’s preferred is ***.

D.            GlucoAmylase – System shall include storage tank with a capacity of ***gallons.  Separate pumps (one perservice) shall be provided for feed to the fermentation system and the yeastpropagation tank.  Tank shall be ***.

E.              AlphaAmylase – System shall include storage tank with a capacity of ***and *** forwarding pump for feed to the slurry mix tank.  Tank shall be ***.

F.              Urea– System shall include storage tank with a capacity of ***,agitator, and *** forwarding pump for feed to the fermentation system.  Tank shall be ***.

Chemical feed pumps and storagetanks shall be located in concrete containment basins designed to contain theentire contents of the storage tank. Control of the various Process Chemical Feed pumps shall be from thefacility DCS.

4.7                                                         PotableWater System

Potable water shall be provided bythe Owner at the interconnection conditions identified in Utility InterconnectTable included herein.  Kiewit has notincluded provisions for treatment of the potable water.  Potable water shall be used for facilitysafety showers, breakroom sink, and bathroom facilities.

4.8                                                         WastewaterSystems

Boiler blowdown and cooling systemblowdown shall be directed to the facility wastewater holding ponds.  Building or slab drains from the Plant willbe recycled back into the process at appropriate locations.  Kiewit shall supply and install all requiredcollection equipment, drains, and sump pumps. Treatment of wastewater is not included. Permitting of the wastewater discharge is by Aventine.  Kiewit shall proceed as directed by Aventinefor the design if final permits are not available.  Any changes to this design shall be a changeto the Contract.

For building areas, Kiewit willutilize area trench drains for collection of wash down water, spills, etc.  The trench drain system will be designed sothat the Owner shall be able to wash spilled material to the trench.  Areas around trench drains shall be slopedtowards the trench.  Trenches shall belocated near equipment and terminate in local sumps for pumping, asrequired.  Equipment and sample pointslocated outdoors will not include local drain collection systems.    Any outdoor localized containment(example:  oil filled transformers) willhave 1’x1’ cutouts in the sump for an Owner supplied portable sump pump.

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Sanitary waste shall be collectedfrom the facility restroom areas in a sanitary sump located adjacent to thecontrol room or administration building and pumped to the indicated tie-inpoint.  A single pump shall be provided,if required, for discharge to the tie-in point. Pump for the sanitary drainage system shall be sewage ejector type ofnon-clog submersible or vertical submerged.

4.9                                                         FuelSystems

4.9.1.                                             FuelGas System

Thenatural gas fuel distribution system shall be capable of serving the facilityheating systems and boilers.  Natural gasshall be supplied by the Owner as required by the boiler vendor specificationsfor quality and pressure.  Fuel gasmetering, heating, storage, filtration, pressure reduction, or odorization isnot included by Kiewit.

Gas chromatograph and/or meteringtelemetry is not included for the Project.

4.9.2                FuelStorage for Fire Pump

Fire pump house shall be suppliedwith integral fuel storage tank sized per NFPA requirements.

4.10                                                   Buildingsand Enclosures

The facility shall include thedesign and installation of various buildings and equipment enclosures.  Buildings described below as “pre-engineered”will be designed and installed as free-standing structures and will generallynot utilize structural steel that is supporting various equipment.  A Subcontractor specializing in similar workwill complete the design and installation of the buildings including HVAC,lighting, building electrical, architectural finishes, interior finishes, andplumbing devices.  Descriptions ofprovided buildings is included below followed by the “Table for Building Designand Construction”

The following buildings shall beprovided:

A)                                              **Control Room / Office area**:  Sizing of the control room, offices,laboratory, restrooms, mechanical rooms, reception area, and break room shallbe per the following Table for Building Design and Construction.  ***.  Kiewit shall provide computer desks locatedin the facility control room.  All otheroffice furniture for the facility is by Owner. Kiewit has excluded all laboratory equipment.  Building shall include HVAC system withinsulated walls and roof.  The ControlRoom / Office Area Building shall be located adjacent to the main processbuilding.

B)                                                **Main Process Building**:  Sizing of the main process building shall beper the following Table for Building Design and Construction.  Equipment installed indoors shall includeadequate room for operation and maintenance activities.  Building shall have a general-purpose 

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electrical rating with electricalreceptacles per NEC requirements. Building shall include heating and ventilation with insulated walls androof.

C)                                                **Centrifuge Building**: Sizing of the centrifugebuilding shall be per the following Table for Building Design andConstruction.  Building shall house thecentrifuges, syrup mixers, and shall include a monorail with 10-ton hoist formaintenance of the equipment.  Adequateroom shall be included to lower centrifuge equipment to grade for maintenanceoutside the building.  Building may bepre-engineered or may utilize equipment support steel for building frame.  Building shall include ventilation andheating with insulated walls and roof.

D)                                               **Boiler (Utility) Building**: Sizing of the boilerbuilding shall be per the following Table for Building Design andConstruction.  Building shall house theboilers, deaerator(s), feed pumps, and chemical feed equipment.  A portion of the building may be shared forhousing of local electrical equipment for local electrical loads.  Building shall include heating andventilation with insulated walls and roof.

E)                                                 **Electrical Enclosures:** Various electricalenclosures will be provided by Kiewit as required by final design.  Enclosures shall include necessary HVACsystems if required by equipment that is housed within the enclosure.

F)                                                 **DDGS Storage Building:**  DDGS storage building shall be provided forstorage of DDGS prior to transport from facility.  Building shall be sized per the followingTable for Building Design and Construction. Building shall include all handling pits, conveyors, load out hoppers,and other required components.  Theability to separately store DDGS from multiple feedstocks has not beenincluded.  Insulation will not beprovided in the walls or roof. Ventilation only will be provided.

G)                                                **DDGS Loadout / Grain Unloading Building**:  A metal building shall be provided to housethe DDGS loadout and grain unloading equipment. It shall be sized to adequately accommodate the final layout design forthis equipment.  ***.  Building shall include ventilation but noheating or insulation in the walls or roof.  Building shall be sized per the followingTable for Building Design and Construction.

H)                                               **DD&E Building:**A DD&E building shall beprovided to enclose the distillation and dehydration equipment.  Building shall include heating andventilation with insulated walls and roof.

I)                                                    **Wet Cake Pad:** Kiewit shall provide a concrete slab with a 6’ wall on three sides fortemporary storage of wet cake prior to transport from the facility.  One side shall be open for loading of trucksutilizing a front-end style loader.  Kiewit has not included a roof or anyenclosure above the concrete walls. Conveyors and necessary 

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equipment to reintroduce wet cakefrom the wet cake pad to the dryer has not been included.  ***.

J)                                                   **Administration Building** - A metal building to housethe Plant administration and management personnel ***.  The buildout and finish materials will be ofa standard, utilitarian type and quality typically found in an industrialadministration building.  Building shallinclude HVAC with insulated walls and roof.

K)                                               **Maintenance Building –** A metal building shall besupplied for storage of facility spare parts and for maintenance work.  ***.  Sizing of the various areas shall be per thefollowing Table for Building Design and Construction.  Kiewit has not included any tools,workbenches, welders, storage shelves, cabinets, or hoists in the maintenanceor storage areas.  Floor drains will notbe provided in the workshop area.  Alldrains from building will discharge to the sanitary sewer system without anoil/water separator.

Kiewit will provide all building related concrete includingfootings, foundations, walls, and floor slabs as required to complete theWork.  Kiewit will also provide allinterior and exterior equipment foundations, pads and support structures.  Where appropriate, building sumps and trenchdrains will be provided to conveniently drain process areas during wash downsor process spills.  Kiewit will providelocal containment curbs for chemicals stored on site.  Building perimeter curbs are not provided.  Kiewit will provide plumbing (water andsewer) to be included in the kitchen areas of the Administration Building, theControl Room Building and the Maintenance Building.

Kiewit will provide access toequipment in accordance with sound engineering and safety practices, includingcatwalks, platforms and stairs in the Main Process Building for access to themajor tanks and equipment.

Unit heaters in the process areasare designed to maintain temperatures above 40 deg F in the event of a wintershutdown.

Kiewit will provide theinitial stocking of permanent safety equipment for the Plant including fireextinguisher stations, safety showers, and eyewash stations so the Plant is incompliance with the Uniform Fire Code and governing building codes.

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***Table for Building Design and Construction***

 
| **Building Name**           | ** ** | **Eave Height,   ft** | ** ** | **Building Dimensions** | ** ** | **Lighting Type** | ** ** | **Wall Type, Finish** | ** ** | **Wall Rating**  | ** ** | **Ceiling** | ** ** | **Floor Finish** | ** ** |
|----------------------------------|------------|---------------------------------|------------|------------------------------|------------|------------------------|------------|---------------------------------|------------|-----------------------|------------|-------------|------------|-----------------------|------------|
| **Main Process Building**        | ** ** | ** **                      | ** ** | ** **                   | ** ** | ** **             | ** ** | ** **                      | ** ** | ** **            | ** ** | ** **  | ** ** | ** **            | ** ** |
| Room #1 - Equipment Area         |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | NA                    |       | ***         |       | ***                   |       |
| **Control Room and Lab**         | ** ** | ** **                      | ** ** | ** **                   | ** ** | ** **             | ** ** | ** **                      | ** ** | ** **            | ** ** | ** **  | ** ** | ** **            | ** ** |
| Room #1 - Control Room           |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #2 - Electrical / I/O Room  |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | 2 hour fire rated     |       | ***         |       | ***                   |       |
| Room #3 - Lab                    |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #4 - Office / Storage       |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #5 - Office / Storage       |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #6 - Conference Room        |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #7 – Restroom - male   |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #8 – Restroom - female |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |
| Room #9 – Break Room        |       | ***                             |       | ***                          |       | ***                    |       | ***                             |       | As Required by   Code |       | ***         |       | ***                   |       |

 

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| **Boiler Building**                   | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** **            | ** ** | ** ** | ** ** | ** ** | ** ** |
|---------------------------------------|------------|------------|------------|------------|------------|------------|------------|------------|------------|-----------------------|------------|------------|------------|------------|------------|
| Boiler Room                           |       | ***        |       | ***        |       | ***        |       | ***        |       | NA                    |       | ***        |       | ***        |       |
|                                  |       |       |       |       |       |       |       |       |       |                  |       |       |       |       |       |
| **Centrifuge Building**               | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** **            | ** ** | ** ** | ** ** | ** ** | ** ** |
| Room #1 - Equipment Hall              |       | ***        |       | ***        |       | ***        |       | ***        |       | NA                    |       | ***        |       | ***        |       |
| **Evaporator Building A**             | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** **            | ** ** | ** ** | ** ** | ** ** | ** ** |
| Room #1 - Equipment Hall              |       | ***        |       | ***        |       | ***        |       | ***        |       | NA                    |       | ***        |       | ***        |       |
| **Evaporator Building B**             | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** **            | ** ** | ** ** | ** ** | ** ** | ** ** |
| Room #1 - Equipment Hall              |       | ***        |       | ***        |       | ***        |       | ***        |       | NA                    |       | ***        |       | ***        |       |
| **Administration Building**           | ** ** | ** ** |       |       |       |       |       |       |       |                  |       |       |       |       |       |
| Room #1 –Conference Room         |       | ***        |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #2 – Copier/Fax/Supply Room |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #3 –Office / Storage        |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #4 - Office / Storage            |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #5 - Office / Storage            |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #6 - Office / Storage            |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |
| Room #7 – Restroom - male        |       |       |       | ***        |       | ***        |       | ***        |       | As Required by   Code |       | ***        |       | ***        |       |

 

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| Room #8 – Restroom - female            |       |       |       | Per code   |       | Fluorescent Recessed   Fixtures |       | metal studs / gyp   board |       | As Required by   Code |       | Acoustic Ceiling |       | Ceramic Tile |       |
|---------------------------------------------|------------|------------|------------|------------|------------|---------------------------------|------------|---------------------------|------------|-----------------------|------------|------------------|------------|--------------|------------|
| Room #9 – Breakroom                    |       |       |       | ***        |       | ***                             |       | ***                       |       | As Required by   Code |       | ***              |       | ***          |       |
| **DD&E Building**                       | ** ** | ** ** |       |       |       |                            |       |                      |       |                  |       |             |       |         |       |
| Room #1 – Equipment Hall               |       | ***        |       | ***        |       | ***                             |       | ***                       |       | NA                    |       | ***              |       | ***          |       |
| **DDGS Loadout / Grain Unloading Building** | ** ** | ** ** | ** ** | ** ** |       |                            |       |                      |       |                  |       |             |       |         |       |
| Room #1 – Loading Area                 |       | ***        |       | ***        |       | ***                             |       | ***                       |       | NA                    |       | ***              |       | ***          |       |
| **DDGS Storage Building**                   | ** ** | ** ** |       |       |       |                            |       |                      |       |                  |       |             |       |         |       |
| Room #1 Storage Area                        |       | ***        |       | ***        |       | ***                             |       | ***                       |       | NA                    |       | ***              |       | ***          |       |
| **Fermentation Building**                   | ** ** | ** ** | ** ** | ** ** | ** ** | ** **                      | ** ** | ** **                | ** ** | ** **            | ** ** | ** **       | ** ** | ** **   | ** ** |
| Room #1 - Equipment Area                    |       | ***        |       | ***        |       | ***                             |       | ***                       |       | NA                    |       | ***              |       | ***          |       |
| **Maintenance Building**                    | ** ** | ** ** |       |       |       |                            |       |                      |       |                  |       |             |       |         |       |
| Room #1 - Office / Storage                  |       | ***        |       | ***        |       | ***                             |       | ***                       |       | As Required by   Code |       | ***              |       | ***          |       |
| Room #2 - Office / Storage                  |       |       |       | ***        |       | ***                             |       | ***                       |       | As Required by   Code |       | ***              |       | ***          |       |
| Room #3 – Maintenance / Storage Area   |       |       |       | ***        |       | ***                             |       | ***                       |       | NA                    |       | ***              |       | ***          |       |
| Room #4 – Restroom - common            |       |       |       | ***        |       | ***                             |       | ***                       |       | As Required by   Code |       | ***              |       | ***          |       |

 

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Notes

#1.  Exposed interior structural steel shall beprimed only

#2   Exterior panel finish shall be Manufacture’sstandard paint with final color to be determined by Owner.

#3   Building dimensions and eave heights arepreliminary and may be changed during final design due to layout optimization,access requirements, etc.

 

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4.11                                                   FireProtection System

4.11.1.               The fire protection systems shall be as generally describedherein and on Kiewit’s drawings and designed and installed in accordance withapplicable codes and standards of the National Fire ProtectionAssociation.  Any changes in scope orclassification with what is described below (Table of Fire Protection Systems)will be considered as a change to the EPC Contract.

Firewater will be suppliedthrough interconnection to the new raw water / firewater storage tank.  ***. The firewater system (including pumpsand loop) shall meet the new facility demand at the flow and pressurerequirements for the systems stated in the Table of Fire Protection Systems.

No gaseous fire protectionsystem shall be provided for the electrical equipment and control room(including the DCS).  Electrical and DCSequipment, plus the Control Room shall be provided with detection and hand-heldbottles for protection.

Fire protection systemsstated below are based on the Owner’s Insurance provider’s recommendationsprovided to Kiewit on May 14th,2007 from Liberty International Underwriters. The systems described below are provided on an allowance basis in theContract and subject to change due to final review of the Local Authority andfinal code review.

#### **Table ofFire Protection Systems (Subject to Change pending final code review)**

| **BUILDING**                                                   | ** ** | **OCCUPANCY   RATING - IBC** | ** ** | **CONSTRUCT   TYPE - IBC** | ** ** | **SMOKE   DETECTION** | ** ** | **HEAT   DETECTION** | ** ** | **SPRINKLERS**                | ** ** | **SPRINKLER   DENSITY** | ** ** | **MANUAL   PULL** | ** ** | **COMMENTS**                                              | ** ** |
|----------------------------------------------------------------|------------|---------------------------------------------|------------|-------------------------------------------|------------|----------------------------|------------|---------------------------|------------|-------------------------------|------------|------------------------------|------------|------------------------|------------|-----------------------------------------------------------|------------|
| OFFICES, BREAKROOM, LABORATORY; ADMIN BLDG                     |       | B                                           |       | II-B                                      |       | YES                        |       | NO                        |       | Wet Pipe Closed   Head System |       | TBD                          |       | YES                    |       |                                                      |       |
| CONTROL ROOM / ELEC ROOM                                       |       | B                                           |       | II-B                                      |       | YES                        |       | NO                        |       | Pre-Action System             |       | TBD                          |       | YES                    |       |                                                      |       |
| MAIN PROCESS BUILDING - 43,560 SF                              |       | H-4                                         |       | II-B                                      |       | YES                        |       | NO                        |       | None                          |       | NA                           |       | YES                    |       |                                                      |       |
| FERMENTATION - 10,682 SF                                       |       | F-1                                         |       | II-B                                      |       | YES                        |       | NO                        |       | None                          |       | N/A                          |       | YES                    |       |                                                      |       |
| MAINTENANCE BUILDING                                           |       | F-1                                         |       | II-B                                      |       | YES                        |       | NO                        |       | Wet Pipe Closed   Head System |       | TBD                          |       | YES                    |       |                                                      |       |
| DISTILLATION & DEHYDRATION - 5,735 SF (> 15  psig) |       | H-2                                         |       | II-B                                      |       | NO                         |       | YES                       |       | Deluge                        |       | TBD                          |       | YES                    |       | System includes deluge on   exterior columns and vessels. |       |

 

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| EVAPORATION - 1,861 SF - 2 story         |   | F-1    |   | II-B   |   | YES    |   | NO     |   | None                          |   | N/A    |   | YES    |   |                                                                                                                                                                      |   |
|------------------------------------------|--------|--------|--------|--------|--------|--------|--------|--------|--------|-------------------------------|--------|--------|--------|--------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| DDGS STORAGE BUILDING - 35,000 SF        |   | F-2    |   | II-B   |   | NO     |   | YES    |   | None                          |   | N/A    |   | YES    |   |                                                                                                                                                                      |   |
| CENTRIFUGE BUILDING - 1,861 SF - 2 story |   | F-2    |   | V-B    |   | NO     |   | YES    |   | None                          |   | N/A    |   | YES    |   |                                                                                                                                                                      |   |
| BOILER BUILDING - 13,800 SF              |   | F-2    |   | II-B   |   | YES    |   | NO     |   | None                          |   | N/A    |   | YES    |   | Provided with handheld   extinguishers only                                                                                                                               |   |
| DDGS TRUCK LOAD OUT - 9,000 SF           |   | F-2    |   | V-B    |   | NO     |   | YES    |   | None                          |   | N/A    |   | YES    |   |                                                                                                                                                                      |   |
|                                     |   |   |   |   |   |   |   |   |   |                          |   |   |   |   |   |                                                                                                                                                                      |   |
| TANK FARM                                |   | N/A    |   | N/A    |   | NO     |   | NO     |   | None                          |   | N/A    |   | NO     |   | Fire water monitors mounted to   hydrants as required to provide   cooling water to tank. Semi-  fixed foam system with foam   chambers on large ethanol   storage tanks. |   |
| Ethanol Loadout                          |   | N/A    |   | N/A    |   | NO     |   | NO     |   | None                          |   | N/A    |   | NO     |   | Foam monitors provided at   loadout stations.                                                                                                                             |   |
| COOLING TOWER (WOOD)                     |   | N/A    |   | N/A    |   | NO     |   | NO     |   | Dry Pipe Closed   Head System |   | N/A    |   | NO     |   |                                                                                                                                                                      |   |
| COOLING TOWER (FRP)                      |   | N/A    |   | N/A    |   | NO     |   | NO     |   | None                          |   | N/A    |   | NO     |   |                                                                                                                                                                      |   |

 
| N/A  - Not Applicable |   |   |   |   |   |   |   |   |   | Minimum Construction Types: |   |
|-----------------------|--------|--------|--------|--------|--------|--------|--------|--------|--------|-----------------------------|--------|
|                  |   |   |   |   |   |   |   |   |   |                        |   |
|                  |   |   |   |   |   |   |   |   |   |                        |   | II-B - Non-combustible,  non-protected |   |
|                  |   |   |   |   |   |   |   |   |   |                        |   |   |   |
|                  |   |   |   |   |   |   |   |   |   |                        |   | V-B - Combustible, non-protected |   |

 

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4.11.2.             FireMain and Hydrants

The facility shall be provided withan underground firewater loop fed from the provided firewater pumps.  The firewater loop shall be HDPE or ductileiron piping and shall incorporate sectionalizing valves so that a failure inany part of the system can be isolated while allowing the remainder of thesystem to function properly. Sectionalizing valves will be post indicatingvalve assembly (PIVA) type as manufactured by Mueller or approved equal, andwill not isolate more than 5 fire suppression supplies or hydrants. The yardfire protection piping and hydrants shall be in accordance with NFPA 24requirements.  Valves will be locked openwith no reporting to the fire protection system.

4.12                 LaboratoryEquipment

Kiewit has excluded alllaboratory equipment and furniture. Kiewit shall supply necessary cabinetry, countertop, and sink in thelaboratory.

4.13                 GrainsStorage, Handling and Milling Equipment

The facility shall beprovided with necessary equipment for unloading of corn from truck only.  Kiewit shall include bulk storage silos forthe storage of corn prior to milling and use in the facility.  Plant corn milling equipment shall includescalpers, surge bins, rotary feeders, hammermills, and necessary conveyors fortransporting the milled corn to the slurry mix tank.  Silo capacities shall be per the followingtable:

Design capacities for GrainStorage, Handling, and Milling Equipment ***

|                                                  | ** ** | **Capacity** | ** ** | **Units** |
|--------------------------------------------------|------------|--------------|------------|-----------|
| Grain Storage Silos ***                          |       | ***          |       | ***       |
| Pre-scalped corn day bin***                      |       | ***          |       | ***       |
| Scalped corn day bin***                          |       | ***          |       | ***       |
| Hammer Mill ***                                  |       | ***          |       | ***       |
| Milled Corn Transfer Conveyor to Slurry Mix Tank |       | ***          |       | ***       |
| Truck unloading hopper ***                       |       | ***          |       | ***       |
| Receiving rate from truck unloading              |       | ***          |       | ***       |
| Rail unloading hopper ***                        |       | ***          |       | ***       |
| Receiving rate from rail unloading               |       | ***          |       | ***       |

* Based on 8% compactionfactor and ***angle of repose on corn

**Final capacities to beagreed to by Aventine as scope of work is currently on an allowance basis

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4.13.1.             GrainReceiving

Grain trucks or rail carsshall enter the grain receiving building and dump the grain to the pit equippedwith hoppers and discharge conveyors.  Aparallel system of transfer conveyors and elevator legs shall carry the grainto the silo feed conveyors for distribution to storage.  Grain receiving system shall be sized anddesigned to receive *** per hour of grain. The receiving building location shall be as shown on the Plot Plan andGeneral Arrangement.

4.13.2.             GrainStorage and Reclaim

The storage and reclaimsystem shall store and distribute the grain for Cleaning and Milling.  Storage of grain shall be in vertical silosof concrete or steel construction and shall include necessary aeration andunloading equipment for reclaim of the grain for process use.  Silo feed conveyors transport grain to thestorage silos and the Grain Cleaning system. A reclaim system shall transport grain from the silos directly to theGrain Cleaning system or to the receiving elevators for transfer back tostorage.  Corn silos shall be providedwith bin level detection.

4.13.3.             GrainCleaning System

The grain shall be cleanedutilizing coarse scalpers to remove oversized and foreign material.  Trash will be discharged to a trash bin anddebris-free bulk corn shall discharge directly to the Milling system.  Grain from the reclaim system can be directedto the grain milling feed leg, which shall be installed to lift the grain tothe Cleaning system.  The system shallinclude one overhead day bin for pre-scalped corn and one overhead bin forscalped corn.

4.13.4.             GrainMilling Equipment

Downstream of the scalpersthe weigh belt/bin system shall deliver grain to the hammermills, each equippedwith a rotary feeder and discharge plenum. The hammermill discharge conveyor shall collect the ground corn mealfrom all discharge plenums and deliver it to the milled corn transferconveyor.  The transfer conveyor shalldistribute to an elevator leg transferring and spouting the milled corn to theSlurry Mix Tank feed plug auger.

4.13.5              DustCollection

The grain handling andmilling system shall be provided with a dust collection system.  The system shall be designed for emissions of*** per DSFM or less.

**5.0****                 ****Electrical Systems**

The new ethanol production facilitywill be connected to the local substation provided by Others. Kiewit’s scope ofsupply will include all equipment up to and including the *** power feed fromthe switchyard to the *** Switchgear Module. Kiewit will provide the underground conduit and cable to the substationfor termination by Others.

Note:  Switchyard metering, relaying and anyrequired communications systems are not included in this Contract.

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5.1.1.               PlantSubstation

Thefacility substation is not included in the Scope of Work for the project.

5.1.2.               AuxiliarySupply Transformer

Kiewit shall supply necessaryauxiliary transformers to reduce supplied *** supply to feed both the medium*** and low voltage *** systems. Transformers shall either be oil-filled or dry-type depending on finalfacility design and transformer locations. Quantity and sizing for various transformers will be determined duringfinal design.  Sizing and designinformation shown on the provided One-Line Diagram are preliminary and do notnecessarily reflect the final sizing or design that will be provided for thefacility.

5.2                   MediumVoltage Systems

The secondary distributionsystem will be *** or ***, 3-phase, 3-wire, consisting of the following mainelectrical equipment:

A.           Single-ended*** Switchgear line-up operating at *** .

B.             Auxiliarypower transformers to step the voltage down from *** to ***.

C.             Non-segregatedbus duct connecting the *** transformers to the *** Switchgear.

D.            Single-ended*** Switchgear line-ups, operating at ***, with transitions to the *** MotorControl Centers (MCC), operating at ***. The Switchgear will consist of therequired vacuum breakers, and the MCC’s will consist of the required fusedcontactor assemblies (FVNR)

5.2.1.                                             EmergencyGenerator

Emergency generator(s) are not provided for thefacility.

5.3                                                         Low Voltage System and Equipment

The ***, 3-phase, 4-wire, solidly grounded distribution system willconsist of the following main electrical equipment:

A.           *** lot of unit substation transformers, ***secondary with a *** primary.

B.             *** lot of unit substation transformer, ***secondary with a *** primary.

C.             *** lot of *** switchgear line-ups, equippedwith all the required main breakers and feeder circuit breakers.

D.            Protective relays.

E.              *** lot of *** motor control centers (MCC) asrequired for the loads.

5.3.1.                                             Electrical Protection and Metering

Protective schemes will be provided for the following systems:

A.                       Auxiliary Power, and Unit SubstationTransformers Protection:

1.                        Transformer current differentialprotection (except on Unit Substation Transformers)

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2.                           Phase and neutral overcurrent protection

3.                           Ground fault protection

4.                           Thermal hot spot winding temperatureprotection

5.                           Sudden pressure relays (except on UnitSubstation Transformers)

6.                           Gas detection relays (except on UnitSubstation Transformers)

B.                      Medium Voltage Switchgear:

1.        Ground fault protection

2.         Inter-phasefault protection

3.         Singlephase to ground fault protection

4.         ***motor protection

5.         Phasesequence/voltage protection

C.                       *** Switchgear:

1.         Bus orCable under voltage protection

2.         Motorfeeder protection

3.         Motorcontrol center feeder protection

Refer to Exhibit A.2, Section 6.3.1 for additional design information.

5.4                                                         UPS Systems

5.4.1.                                             Uninterruptible Power Supply System

***lot of Uninterruptible Power Supply (UPS) Systems are to be provided withinternal battery backup. The UPS’s are to be sized to power the control systems(DCS, PLC’s, etc.) during a power outage for a period of 30-minutes.

**6.0****                                                      ****Instrument and ControlSystem **

DCS:

ADistributed Control System (DCS) will be provided for all analog and discreetcontrol functions, data acquisition, and monitoring throughout the plant.  Refer to Delta T provided description of DCSfor detailed scope definition.

**7.0****                                                      ****Training**

Operator trainingprevious to and during Commissioning and startup period for up to *** calendardays as scheduled by Owner and Kiewit by *** and *** Delta-T people.  The exact schedule for such training will becoordinated with the Owner, but typically this would include a “classroom”oriented approach for a week during the later stages of construction and “hands-on”training during start-up activities.  Ifadditional training support is required, per diem rates will apply.

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**A.2  TECHNICALSPECIFICATIONS**

**1.0****                              ****DESIGN, ENGINEERING, ANDCODES**

This Section covers thedesign and engineering services to be provided by Kiewit for the Plant andapplicable codes for the Project.

ThisSection is not intended to supercede standard equipment specifications formajor process equipment supplied for the Project.  These items will be designed to themanufacturer’s standard specifications.

In the event of a conflict between Exhibit A and this document, ExhibitA shall govern.

1.1                                 Coordination Meetings

Representatives of Kiewit shall conduct monthly coordination meetingswith the Owner to discuss matters relative to the execution of thisContract.  Design review meetings will beheld at the Engineer’s Office located in Lenexa, Kansas.

1.2                                 Governing Codes, Standards, Regulations, andOther Documents

The Plant shall be designed and constructed in accordance with Federal,State and local codes including the most recent applicable sections of thefollowing codes, standards and regulations at the time of contract award.

In the event conflicts arise between codes, the more stringent codeshall apply.  If conflicts arise betweenthe Original Equipment Manufacturer’s (OEM) Scope of Supply and the listedcodes and standards, the OEM documents shall govern.

Refer to Exhibit A for any additional codesor standards applicable to the design of the proposed facility.

Codes and Standards List

Acoustical Society ofAmerica (ASA)

American Association ofState Highway and Transportation Officials (AASHTO)

American Concrete Institute(ACI).

American Iron and SteelInstitute (AISI)

American National StandardsInstitute (ANSI)

American Petroleum Institute(API) (where required only)

American Society of CivilEngineers (ASCE)

American Society of Heating,Refrigeration and Air Conditioning (ASHRAE)

American Society ofMechanical Engineers (ASME).

American Society for Testingand Materials (ASTM)

American Water WorksAssociation (AWWA)

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American Welding Society(AWS)

Code of Federal Regulations –EPA Rules and Regulations

Concrete Reinforcing SteelInstitute (CRSI)

Heat Exchange Institute(HEI)

Hydraulic Institute (HI)

Illuminating EngineeringSociety (IES)

Instrument Society ofAmerica (ISA)

National Association ofCorrosion Engineering (NACE)

National Electrical Code(NEC).

National ElectricalManufacturers Association (NEMA)

National Fire ProtectionAssociation (NFPA)

Occupational Safety andHealth Administration (OSHA)

Steel Structures PaintingCouncil (SSPC)

International Building Code(IBC) 2003

1.3                                 Schedule

Kiewit shall prepare and maintain a detailed schedule, for all majorphases of the project including: Engineering and Detailed Design, Procurement, Fabrication, Constructionand Field Erection, and Startup and Testing.

1.4                                 Drawings and Information Submittal

The following shall be supplied to the Owner, for information, as partof the Scope of Work:

·                   Site Plan

·                   Plot Plan

·                   General Arrangement Drawings

·                   Piping and Instrumentation Diagrams (P&IDs)

·                   Piping Isometrics for large bore (2 1⁄2” and larger) above grade pipe(orthographic drawings not provided)

·                   Foundation Drawings

·                   Structural Steel Drawings

·                   Grading and Paving Drawings

·                   Electrical One Line Diagram(s)

·                   Electrical Schematics and Termination List

·                   Control Narratives

·                   Material Balance

·                   Vendor Shop Drawings and O&M Manuals

Also, the following lists will be provided:

·                   Valve List

·                   Equipment List

·                   Instrument Index

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·                   Specialty Item List

·                   DCS I/O List

·                   Circuit and Raceway Schedules

·                   Pipe Line List

·                   Instrument Data Sheets

·                   Recommended Spare Parts Lists for Major Equipment

The instrument index shall include the following information: tagnumber, service description, manufacturer, model, range, units, P&ID,installation detail, and instrument location.

The DCS I/O list shall consist of the following information: tagnumber, service description, range, units, DCS I/O address, signal type, andI/O type.

Vendor equipment packages will not be duplicated on Kiewit’s drawings,but will only be shown as a “black box” or space envelope, referenced to theapplicable Vendor.

Kiewit shall preparesix (6) sets of Operations Manuals (2 Manuals during construction, 3 Manualsafter Startup and 1 Manual for Kiewit) will be provided which will include:

·                      Description of the Plant PROCESS and eachsystem operation

·                      Detailed operating description of eachprocess unit

·                      Initial start-up procedures

·                      Normal operation

·                      Startup & shutdown under normaloperating conditions

·                      Startup & shutdown under emergencyconditions

·                      Cleaning & preventive maintenanceguidelines

·                      Safety & Health guidelines

·                      Basictroubleshooting guides

Record (As-Built) drawings will be prepared and submitted to the Ownerand shall include:

·                 P&IDs

·                 Equipment General Arrangement Drawings

·                 Site Arrangement Drawings

·                 Underground utilities and plumbingdrawings

·                 Electrical One Lines

·                 Cable Schedule

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·                 DCS Interconnect Wiring Drawings

·                 Electrical Panel Drawings

·      DCSLogic and DCS backup software

To satisfy Final Completion,Kiewit will provide all drawings and documentation to Owner in both hard copyand electronic format.  ***.  All drawings shall be provided electronicallyin AutoCAD format.  .

Up to Final Completion, alldocument submittals will be electronic via the Centric system.

1.5                                 Operating Conditions Evaluation

Kiewit shall submit duringdesign, to the Owner, process flow diagrams demonstrating that the majorequipment and auxiliary equipment are designed to meet the Plant guarantees andthe Plant requirements.

**2.0****                              ****MECHANICAL DESIGN**

2.1                                 General Requirements

2.1.1                        Quality of Materials and Equipment

All materials and equipment furnished shall be new or unused,undamaged, and of a current model when purchased for the Plant.

2.1.2                        Access

Access shall be provided for systems and equipment as defined in theAccess Matrix below.  Walkways will notbe provided in pipe rack for the facility. Certain valves for the facility will require installation in the rackand will not be able to be located by engineer for easy access due to processrequirements.  These valves will beprovided with adequate space around the valve to remove the valve ifrequired.  Access to valves that havesuch process driven constraints shall be by a temporary rolling ladder.  Other valves will be located for ease ofaccess per the matrix below.  All manualvalves installed in pipe rack shall have chain wheel actuators.

The following descriptions and matrix define the standard accessprovisions included in the proposal:

**Type 1:** Room will be provided around theitem to allow temporary access by way of an owner provided personnel lift, stepladder, scaffolding, scissor lift, etc. No permanent platform or ladder will be provided.  Level indicators and gauges will be locatedand displays sized so they can be read.

**Type 2:** Access to be provided byplatform near item.  Does not have adedicated platform since items in this category have the ability to be routedto other platforms nearby.

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**Type 3:**  Requires a dedicated platformif the item is not accessible from grade and requires daily maintenance orvisual inspection.

Basis:

1.               The matrix below reflects a normal operatingplant as a base loaded facility.

2.               Equipment is expected to require normalmaintenance as required by the O&M manuals and not require earlyreplacement.

3.               The access defined reflects operations andmaintenance requirements only.  (Constructionrequirements excluded.)

 
| **Component**           | ** ** | **Type**               | ** ** | **Typical P&ID  Designation** | ** ** | ***Access Type** |
|-------------------------|------------|------------------------|------------|-----------------------------------|------------|------------------|
| ** **              | ** ** | ** **             | ** ** | ** **                        | ** ** | ** **       |
| Major Equipment         |       | All                    |       |                              |       | 3                |
| Analyzers               |       |                   |       |                              |       | 1                |
|                    |       | Analyzer  Transmitter  |       | AT                                |       | 1                |
|                    |       | CC  Analyzer           |       | AT                                |       | 1                |
|                    |       | Conductivity  Analyzer |       | AT                                |       | 1                |
|                    |       | DO  Analyzer           |       | AT                                |       | 1                |
|                    |       | NOX  Analyzer          |       | AT                                |       | 1                |
|                    |       | O2  Analyzer           |       | AT                                |       | 1                |
|                    |       | PH  Analyzer           |       | AT                                |       | 1                |
|                    |       | SC  Analyzer           |       | AT                                |       | 1                |
|                    |       | Turbidity  Meter       |       | AT                                |       | 1                |
| Analysis Probes/Sensors |       |                   |       |                              |       | 1                |
|                    |       | Analyzer  Switch       |       | AS                                |       | 1                |
|                    |       | CC Probe               |       | AE                                |       | 1                |
|                    |       | Conductivity  Probe    |       | AE                                |       | 1                |
|                    |       | DO Probe               |       | AE                                |       | 1                |
|                    |       | Gas  Detection Switch  |       | ASH                               |       | 1                |
|                    |       | PH Probe               |       | AE                                |       | 1                |
|                    |       | SC Probe               |       | AE                                |       | 1                |
| Manual Valves           |       |                   |       |                              |       |             |
|                    |       | Large  Bore            |       | V                                 |       | 1                |
|                    |       | Small  Bore            |       | V                                 |       | 1                |

 

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| Regulator Valves     |   |                         |   |            |   |   |
|----------------------|--------|------------------------------|--------|-----------------|--------|--------|
|                 |   | Flow                         |   | FCV             |   | 1      |
|                 |   | Level                        |   | LCV             |   | 1      |
|                 |   | Pressure                     |   | PCV             |   | 1      |
|                 |   | Temperature                  |   | TCV             |   | 1      |
| Control Valves       |   |                         |   |            |   | 1      |
|                 |   | Diaphragm                    |   | V               |   | 1      |
|                 |   | Electro-Hydraulic            |   | V               |   | 1      |
|                 |   | Motor  Operated Valve        |   | V               |   | 1      |
|                 |   | Piston                       |   | V               |   | 1      |
|                 |   | Solenoid                     |   | V               |   | 1      |
| Flow Elements/Meters |   |                         |   |            |   |   |
|                 |   | Averaging  Pitot Element     |   | FE              |   | 1      |
|                 |   | Flow  Nozzle                 |   | FE              |   | 1      |
|                 |   | Magnetic  Flow Meter         |   | FE, FT          |   | 1      |
|                 |   | Mass Flow  Meter             |   | FE, FT          |   | 1      |
|                 |   | Orifice  Plate               |   | FE, FO,  RO     |   | 1      |
|                 |   | Pitot  Tube                  |   | FE              |   | 1      |
|                 |   | Turbine  Meter               |   | FE,FT           |   | 1      |
|                 |   | Venturi  Tube                |   | FE              |   | 1      |
|                 |   | Vortex  Shedding Meter       |   | FE, FT          |   | 1      |
|                 |   | Condensate  Pots             |   |            |   | 1      |
| Gauges/Indicators    |   |                         |   |            |   | — |
|                 |   | Diff.  Press Gauge           |   | PDI             |   | 1      |
|                 |   | Flow  Indicator              |   | FI, FG,  SG     |   | 1      |
|                 |   | Flow  Totalizing Indicator   |   | FQI             |   | 1      |
|                 |   | Flow  Totalizing Transmitter |   | FQT             |   | 1      |
|                 |   | Level  Gauge                 |   | LG              |   | 1      |
|                 |   | Level  Indicator             |   | LI, LG          |   | 1      |
|                 |   | Local  Electronic Indicator  |   | FI, LI,  PI, TI |   | 2      |
|                 |   | Magnetic  Level Ind.         |   | LI, LG          |   | 1      |
|                 |   | Pressure  Gauge              |   | PI, PG          |   | 1      |
|                 |   | Rotameter                    |   | FI              |   | 1      |
|                 |   | Temperature  Gauge           |   | TI              |   | 1      |
| Hand Switches        |   |                         |   |            |   |   |
|                 |   | Emergency  Stop              |   | HS              |   | 2      |
|                 |   | HOA                          |   | HS              |   | 2      |

 

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|                       |   | Local  Control Station          |   | HS             |   | 2      |
|----------------------------|--------|---------------------------------|--------|----------------|--------|--------|
| Level Elements/Probes      |   |                            |   |           |   | 1      |
|                       |   | Level  Element                  |   | LE             |   | 1      |
|                       |   | Level  Probe                    |   | LE             |   | 1      |
| Local Controllers          |   |                            |   |           |   |   |
|                       |   | Flow  Controller                |   | FC             |   | 1      |
|                       |   | Level  Controller               |   | LC             |   | 1      |
|                       |   | Pressure  Controller            |   | PC             |   | 1      |
|                       |   | Temperature  Controller         |   | TC             |   | 1      |
|                       |   | Variable  Speed Drive           |   | SC             |   | 1      |
| Safety Relief Valve        |   |                            |   |           |   |   |
|                       |   | Large  Bore                     |   | PSV            |   | 1      |
|                       |   | Small  Bore                     |   | PSV, RSV,  ERV |   | 1      |
| Process Switches           |   |                            |   |           |   |   |
|                       |   | Diff.  Press Switch             |   | PDS            |   | 1      |
|                       |   | Float  Switch                   |   | LS             |   | 1      |
|                       |   | Flow  Switch                    |   | FS             |   | 1      |
|                       |   | Indicating  Flow Switch         |   | FS             |   | 1      |
|                       |   | Level  Switch                   |   | LS             |   | 1      |
|                       |   | Limit  Switch                   |   | ZS             |   | 1      |
|                       |   | Pressure  Switch                |   | PS             |   | 1      |
|                       |   | Temperature  Switch             |   | TS             |   | 1      |
|                       |   | Vibration  Switch               |   | VS             |   | 1      |
| Temperature Elements/Wells |   |                            |   |           |   |   |
|                       |   | RTD  Element                    |   | TE             |   | 1      |
|                       |   | T/C Type  “E” Element |   | TE             |   | 1      |
|                       |   | T/C Type  “J” Element |   | TE             |   | 1      |
|                       |   | T/C Type  “K” Element |   | TE             |   | 1      |
|                       |   | Thermal  Bulb                   |   | TE             |   | 1      |
|                       |   | Thermowell                      |   | TW             |   | 1      |
| Transmitters               |   |                            |   |           |   |   |
|                       |   | Diff.  Pressure Transmitter     |   | FT, LT,  PDT   |   | 1      |
|                       |   | Displacement  Transmitter       |   | LT, ZT         |   | 1      |
|                       |   | Level  Transmitter              |   | LT             |   | 1      |
|                       |   | Pressure  Transmitter           |   | PT             |   | 1      |
|                       |   | Radar  Level Transmitter        |   | LT             |   | 1      |

 

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|                      |   | Speed/Frequency  Transmitter         |   | ST     |   | 1      |
|---------------------------|--------|--------------------------------------|--------|--------|--------|--------|
|                      |   | Temperature  Transmitter             |   | TT     |   | 1      |
|                      |   | Ultrasonic  Level Transmitter        |   | LT     |   | 1      |
| Vibration Elements/Probes |   |                                 |   |   |   |   |
|                      |   | Vibration  Element                   |   | VE     |   | 1      |
|                      |   | Vibration  Probe                     |   | VE     |   | 1      |
|                      |   | Vibration  Switch                    |   | VS     |   | 1      |
|                      |   | Vibration  Switch with manual resets |   | VS     |   | 2      |

 

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* All platforming shall provide space for maintenance ofequipment and pull-space. *

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2.2                                 Pumps

The pump head curves shall risecontinuously from design head point to shut-off, excluding circulating waterpumps.  The maximum total head developedby each pump at shut-off condition at design speed shall be at least *** butnot more than *** on multiple stage and *** on single stage of the total headat the design point, excluding circulating water pumps.

2.3                                 Tanksand Pressure Vessels

Tanks and pressure vesselsshall be fabricated from materials suited to the particular service.  Project-specific scope of supply for shopfabricated and field erected tanks is as specifically described by Delta-TDatasheets (attached at the end of this Exhibit).

Fielderected tanks shall be provided with ladder access to the top of the tankincluding necessary cages and handrail around the perimeter of the tank roof.

2.4                                 MiscellaneousMechanical Equipment

2.4.1                        CirculatingWater Equipment Material Selection 

The table shown below designatesmaterial selection for the cooling tower and circulating water pumps based onthe level of chlorides in the circulating water.

**MaterialSelection based on Chloride Levels**
| Chloride  Level   (ppm) | ** ** | **Cooling   Tower   Hardware** | ** ** | **CW Pump   Bowl Material** | ** ** | **CW Pump   Discharge Head   and Column   Material** | ** ** | **CW Pump Line   Shaft Material** | ** ** | **CW Pump   Impeller   Material** | ** ** | **CW Pump   Wear Ring   Material** | ** ** |
|------------------------------|------------|------------------------------------------|------------|--------------------------------------------|------------|------------------------------------------------------------------------------------|------------|-------------------------------------------------------|------------|--------------------------------------------------|------------|--------------------------------------------------------|------------|
| ***                          |       | ***                                      |       | ***                                        |       | ***                                                                                |       | ***                                                   |       | ***                                              |       | ***                                                    |       |
| ***                          |       | ***                                      |       | ***                                        |       | ***                                                                                |       | ***                                                   |       | ***                                              |       | ***                                                    |       |
| ***                          |       | ***                                      |       | ***                                        |       | ***                                                                                |       | ***                                                   |       | ***                                              |       | ***                                                    |       |
| ***                          |       | ***                                      |       | ***                                        |       | ***                                                                                |       | ***                                                   |       | ***                                              |       | ***                                                    |       |
| ***                          |       | ***                                      |       | ***                                        |       | ***                                                                                |       | ***                                                   |       | ***                                              |       | ***                                                    |       |

2.4.2                        GasOdorization

Gas for building heatingdoes not include odorization unless provided by the gas supplier or theOwner.  A low-pressure, odorized gas fromthe local utility should be utilized for building heating.

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2.4.3                        SafetyEquipment

The scope of supply ofsafety equipment for the Plant will include fixed emergency eyewash andemergency shower stations.  The design ofall equipment guards, platforms, handrails and ladders will comply with all applicablelocal, state, and federal requirements.

2.4.4                        EquipmentNameplates

All equipment andinstruments shall be provided with a nameplate or tag stamped with theequipment ID number used to identify it on equipment/instrument lists anddrawings.  Nameplates or tags shall bepermanently attached to the equipment using rivets, machine screws, or wire.

2.5                                 PlantPiping and Valve Requirements

2.5.1                        General

This Section addresses therequirements for the design, fabrication, installation and undergroundprotection of all plant piping.  Kiewitshall be responsible for the mechanical design of the piping system, materialselection, stress analysis, supports, sizing and general arrangement for safeand successful operation.  System designand material selection shall be in accordance with appropriate codes, asdetermined by Kiewit.  Standard Delta Tpiping specifications shall be followed. If a conflict exists between Exhibit A.2 and said Delta T piping specificationsin regard to piping, hangers, insulation, valve requirements, painting, orspecialties, the Delta T specifications shall govern.

2.5.2                        PlantPiping

2.5.2.1          PipingStandards

Piping standards are listedin the Delta-T Technical Specification — Piping documents CS01, CS02, CS03,CS04, CS05, CS06, SS01, SS02, SS03, SS30, and VIC01.  which identifies proper pipe material andusage based on service.  Non-standardpipe sizes shall not be used.  HDPEpiping may be used in acceptable services for underground installation.

2.5.2.2          PipeSizing

Pipe sizes shall be selectedprimarily on the basis of allowable pressure drop for the service and goodengineering practice.  The followingfluid velocity ranges shall be used as a general guideline for pipe sizeselection (final sizing may vary based on Delta T specific requirements and recommendations)::

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| **MEDIA**                                          | ** **   | **Nominal  Pipe Size** | ** **   | **Nominal  Pipe Size** | ** ** | **Nominal  Pipe Size** | ** ** | **Nominal  Pipe Size** | ** ** | **Nominal  Pipe Size** | ** ** |
|----------------------------------------------------|--------------|-----------------------------|--------------|-----------------------------|------------|-----------------------------|------------|-----------------------------|------------|-----------------------------|------------|
|                                               |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Steam:   Saturated   Superheated                   |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Process Piping   Pump Suction   Pump Discharge     |         |                        |         |                        |       | ***                         |       |                        |       |                        |       |
| Circulating Water:   Pump Suction   Pump Discharge |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Auxiliary Cooling   Water:                         |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Water Service:   Suction Discharge                 |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Gravity Drains:                                    |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |
| Air:                                               | *** *** | *** ***                | *** *** | *** ***                |       |                        |       |                        |       |                        |       |
| Gases:                                             |         | ***                         |         | ***                         |       | ***                         |       | ***                         |       | ***                         |       |

 

Notes:

1.  Steam, air, and gas velocities are in feetper minute and water velocities are feet per second.

2.  Velocities are for headers in continuousservice.  Velocities immediately upstreamof equipment shall not exceed manufacturer’s recommendations.

3.  Recommended velocities specified above may beexceeded for off-design operating cases as long as the resulting pressure lossdoes not cause an operating limitation.

4. Kiewit to follow Delta-T sizes for process piping.

2.5.2.3          PipeLine List and Marking 

During the project designphase, Kiewit shall prepare a piping line list showing line number, size,insulation requirement, material, pressures, and temperatures.

2.5.2.4          Clearances

Good design practice shallbe followed to optimize clearance between piping equipment and passageways foroperation and maintenance.

2.5.2.5          PipeStress Analysis and Support

Piping systems shall besupported, anchored, and guided so they shall not be overstressed from unsteadystate operating conditions and shall not react on equipment beyond limitsestablished or approved by the manufacturers.

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2.5.2.6          PipeSleeves

All pipes passing throughmasonry walls or floors shall have sleeves provided. Sleeves shall be sized andhave clearances to allow for packing and sealant installation.

2.5.2.7          DissimilarMetal Joints

In all cases (except for airsystems) when a piping connection is made between steel and aluminum or copper,the mating surfaces shall be electrically isolated.  For 2-1/2 inch and larger piping, flangesshall be used and the flanged joint shall be made using an electricallynon-conducting gasket and flange bolts fitted with plastic ferrules and plasticwashers under the bolt heads.  The electricalisolation shall be verified after installation. Two-inch and smaller connections may be made using flanges, as statedabove, or with dielectric type couplings, bushings or unions.

2.5.2.8          Sewersand Underground Piping

Vessel and other equipmentdrains (indoors) shall utilize trench drains or interconnect with the plantdrainage system and not the storm system. Sewers and drain lines shall run in the general direction of collectionor disposal without sharp angles or turns. Buried steel lines shall be coated and wrapped for corrosion protection.  Ductile iron, PVC, or HDPE piping may be usedin lieu of carbon steel.  Cathodicprotection and/or coating and wrapping shall be provided as necessary afterreceipt and review of soils analysis for all underground piping as well asvessels and metallic equipment in contact with the earth.  Natural excavated site soils for pipe beddingmaterials shall be used where practical. Steam drains or traps shall discharge to grade.

2.5.2.9          Vents,Drains, and Manholes

High points shall be vented,and low points drained for all mechanical systems.    Silencers are not required for safetyrelief valves.

2.5.2.10       TemporaryStrainers

Temporary strainers shall beprovided as required.

2.5.3                        Fabricationand Installation

2.5.3.1          General– Pressure Piping Systems

If applicable, intersectionsand branch connections may be made using direct pipe insertion (branch to run),or by employing fittings, tees, couplings, laterals, crosses, or usingweld-o-lets fittings nozzles, weld-o-lets, elbow-lets, etc.

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2.5.3.2          RootConnections

Root connections onhorizontal or sloping lines shall not be located below the center of theline.  The following guidelines shall beobserved:

·                   Rootconnections for service on steam and condensable vapors or wet gas shall betaken from the top or side of the pipe or from any point between the top andthe side.

·                   Rootconnections for service on liquids shall be taken from the side or the top ofthe pipe, with the root nipple horizontal.

·                   Rootconnections for service on dry gases shall be taken from the top of the pipe.

2.5.3.3          FabricationRequirements

Fabrication shall be inaccordance with the applicable Codes in Exhibit A.2.  All piping and fittings shall be new andclean.

2.5.3.4          Testing

Refer to Delta T TechnicalSpecification— Piping for piping test types, media, and durations.

2.5.3.5          Protectionfor Shipment and Storage

All flange faces, machinedsurfaces and threads shall be clean and protected from damage during shipment.

2.5.3.6          FieldInstallation

Installation and orientationof all gauge glasses, controllers, thermometers, thermocouples, pressuregauges, etc. shall be arranged for operation and maintenance standard to theindustry and shall have access as defined in Paragraph 2.1.2.

2.5.4                        PlantValve Requirements

2.5.4.1          ValveOperator Selection

A.           Power actuated valves shall be supplied where required forautomated process control or for safety reasons.

B.             Air operated valves shall be used for modulating serviceand/or where a valve is required to fail in the open or closed position.

2.5.4.2          ValveLabeling

All valves shown on theP&IDs shall be clearly labeled with a number referenced to Kiewit suppliedvalve list and drawings.  Numberingsystem shall be consistent throughout the plant.

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2.6                                 Insulationand Lagging

Kiewit shall furnish and installall insulation and lagging for piping, gas ducts, tanks and equipment to reducesystem heat losses, provide personnel protection, and prevent freezing asrequired for the specific application.

Anti-sweat insulation shallbe designed on the basis of the relative humidity of the ambient airconsidering the fluid temperature within the system in that area.  Anti-sweat insulation shall be provided onlywhere piping runs above the ceiling or in finished indoor areas.

All material shall beasbestos free and shall have a fire rating of 25 or less when tested by ASTME84 method.

2.6.1                        InsulationMaterial and Thickness

Insulation on high temperaturesurfaces shall conform to the following table. Expanded metal may be used for personnel protection on surfaces whereheat retention Is not important.
| Service Conditions                                                                                                                                                             | ** ** | **Insulation**                                                                                      |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------|-----------------------------------------------------------------------------------------------------|
| Equipment and irregular surfaces with normal operating  surface temperatures over 140°F                                                                                        |       | Glass  fiber or mineral fiber blanket assemblies                                                    |
|                                                                                                                                                                                |       |                                                                                                |
| Pipe and tubing with normal operating surface  temperatures over 140°F, including fittings, and  heat traced lines                                                             |       | High  density mineral fiber or pre-insulated tube bundles. Calcium silicate in foot  traffic areas. |
|                                                                                                                                                                                |       |                                                                                                |
| Valves and pipe specialties with normal operating surface  temperatures over 140°F, not including valve  operators                                                             |       | Glass  fiber blanket assemblies or high density mineral fiber                                       |
|                                                                                                                                                                                |       |                                                                                                |
| Valve operators outside normal insulation thickness for  piping                                                                                                                     |       | None                                                                                                |
|                                                                                                                                                                                |       |                                                                                                |
| Ductwork, hot casings, and flat surfaces which are  accessible to personnel or which require control of heat losses and have  normal operating surface temperatures over 140°F |       | Mineral  fiber block or board                                                                       |

 

The thickness of theinsulation shall be such that the outside lagging surface temperature is notover 140°F at an 80°F ambient temperature with a windspeed of *** mph.  Insulation forpersonnel protection shall be supplied on surfaces above *** within three (3)feet of walkways, ladders and platforms. Insulation thickness requirements shall be determined by Delta T andshown on the project P&IDs.

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**3.0****                              ****SITE REQUIREMENTS**

3.1                                 JobSite Requirements

The Job Site shall be left properlyleveled with no construction debris or dirt piles.  Consideration shall be given to drainage toensure no low-lying areas are left that would accumulate water.  All drainage shall be away from thebuildings.

Installation of site constructionutilities shall be planned and constructed by Kiewit.

Tie-points are as assumed as perthe Interconnection Table in Exhibit A-1.

3.2                     Clearingand Grubbing

As necessary, clearing shallconsist of cutting and disposal of all trees, downed timber, stumps, brush,bushes, and debris from the areas to be graded. Root mats and stumps shall be completely removed and holes refilled andcompacted.  Method of disposal is removalfrom site to an approved disposal site.

3.3                                 Dewatering

Dewatering provisions fordeep excavation conditions and sub-grade drainage for embankments and finishedplant facilities shall be provided for the developed plant and yard areas in accordancewith the site geotechnical report recommendations.  Water from these dewatering operations willbe collected, tested, and disposed of in accordance with applicableregulations.

3.4                                 SiteGrading

Site grades shall beestablished to reasonably balance earthwork cut and fill volumes.  The maximum grade of site roads shall belimited to ***.

3.5                                 FinishGrading

All areas disturbed duringconstruction shall be graded to a smooth surface and covered with appropriatematerial.  Soil compactions shall be confirmedby independent test labs, and shall in no case be less than the recommendationsof the Geotechnical Engineering Evaluation Report.

Finish grading shall beperformed to conform to the finished design elevations for surface drainage andto prepare the areas to receive the specified surface finishes if required.

3.6                                 Landscaping

Kiewit has excluded alllandscaping from the project scope of supply.

3.7                                 Laydownand Storage Areas

Kiewit shall clear and gradesuch additional area as required to provide a laydown area for projectconstruction if required.

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3.8                                 Roadwaysand Paving

Paved roads shall be designed basedupon the geotechnical consultant’s recommendations using wheel loads normal forlimited use industrial roads.  Base andsurface course materials shall be in accordance with local standards.  All paved roads shall be completed prior toStart-Up.

The site roads and serviceroads around the facility shall be asphaltic concrete pavement.  ***. Parking space shall be provided for a minimum of twelve (12) vehicles atthe main process building and a minimum of twenty-four (24) at theadministration building.

Lime treatment under roadsis acceptable for clay soils.

3.9                                 Sidewalks

Sidewalks will be providedat appropriate locations adjacent to occupied structures, such as theadministration/control building and warehouse.

3.10                           CrushedStone Surfacing

The areas within thesubstation (if in Kiewit’s scope) shall be finished with crushed or screenedstone no less than *** in thickness.

3.11                           Fencingand Gates

Security fences, whereapplicable, are to be constructed as follows: *** galvanized chain link fence. A security fence shall be installed around the substation (if in Kiewit’sscope) to include the following:  onedouble leaf equipment gate and one personnel gate.

3.12                           Signs

Safety signs shall be provided andinstalled throughout the Plant in accordance with OSHA guidelines and generalindustry practice.  Identification forall fire protection equipment shall also be provided.  Traffic markings and signs shall be providedas necessary to assure proper traffic flow, control, and safety.

3.13                           Drainage

3.13.1                  General

The working areas of thesite shall be well drained during and after construction.  The site drainage plan and discharge from thesite shall conform to federal, state, and local laws and regulations.

3.13.2                  Ponds

Kiewit’s scope of workincludes installation of *** wastewater holding ponds sized for containment of ***. Wastewater sources to thepond shall include boiler blowdown, cooling tower blowdown, and water treatmentreject water.  Scope of work shallinclude design and installation of the discharge line from the pond to 

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the northeast corner of thesite inside the rail loop as described in the utility tie point list into anewly provided sewer line by Others. Pond design shall be based upon direction of Aventine in lieu offinalized permits.

3.13.3                  ErosionControl

Proper erosion controlmeasures including the use of silt fences, hay bales and seeding shall beemployed during construction to control erosion of embankments, temporarymaterial stockpile(s), and to limit sediment runoff.

3.13.4                  StormWater Drainage System

Swales and ditches at ***grade shall be paved or lined with crushed stone to control concentrated flowvelocities and minimize erosion and siltation concerns.  The surface area of the switchyard andunpaved areas around and within the power plant shall have a crushed stonesurface to facilitate drainage, prevent ponding and provide a driving surfaceduring wet conditions.  Site drainageshall be by surface drainage and swales with roadway culverts as required.  No gutter system shall be provided.

Storm sewer design shall beby the Rational Method Q = CIA Equation:
| C = |   | 0.78  heavy industrial                                                        |
|-----|--------|-------------------------------------------------------------------------------|
| I = |   | Technical  Paper No. 40 100-year 24 hour rainfall (inches) for plant location |
| A = |   | Drainage  area in acres                                                       |

 

Storm culvert design shallbe based on the Manning Equation.

All storm pipe shall besmooth interior corrugated polyethylene pipe, meeting AASHTO Type S.  All pipe shall have end sections on each endwith a concrete toe wall on the discharge end only.  Culvert intake end section shall be coveredwith a wire grid, with a geotextile fabric placed over the wire and aggregatelayer placed over the fabric to control soil erosion and reduce silt leavingthe site

The storm culvert shall havean envelope of aggregate placed all around with 12” thickness above the top ofculvert in an excavated trench section.

Where the storm culvert isdischarged into the existing drainage canal, rip-rap protection will beprovided to control erosion at the discharge location.

3.13.5                  Manholesand Catch Basins

Manholes and catch basinsshall be provided as required by final design.

3.13.6                  FloorDrains and Sumps

A system of floor drains andsumps shall be incorporated into the overall design of the plantbuildings.  The system shall consist ofcollection troughs, sumps, piping, fittings, and valves necessary for gravitydrainage of wastewater to 

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various collection points.  From these points, the wastewater will flowby gravity and/or be pumped to the sewer or the facility effluent dischargepoint as defined in the interconnection table****orback into the appropriate point in the process.

3.14                           SubsurfaceInvestigation

Soil investigations for thePlant site that were conducted are included as the “Geotechnical EngineeringEvaluation Report” provided herein as Exhibit D.

**4.0****                              ****STRUCTURAL REQUIREMENTS**

4.1                                 BuildingDesign Requirements

4.1.1                        General

Drawings showing floor plansand equipment arrangements shall be submitted by Kiewit to the Owner for Owner’sreview and comments.  Buildings may bepre-engineered.

4.1.2                        Loadings

Design live loads, seismic,snow, and wind loads shall meet the minimum requirements of the State, municipalcodes and regulations, and other applicable codes.

Dead loads shall include allvertical loads due to the weight of permanent structural and non-structuralcomponents, including permanent hung loads. Live loads include all loads other than dead loads, load allowances forpiping and electrical and special loads. They consist of loading not permanently fixed to the structure, andoccurring over areas not occupied by equipment. Actual equipment loads shall be used wherever they exceed the live loadspecified for that particular area.

Framing shall be designed tosupport all imposed loads including live, dead, wind, snow, seismic andequipment loads.  Structural framingsupporting rotating/vibrating equipment shall be designed such that the naturalfrequency of individual structural members avoids induced vibration andresonance problems.

4.1.3                        DesignConditions

The plant facilities shall bedesigned to accommodate anticipated construction loading conditions (includinghoisting and sliding/jacking loads, etc.) equipment dynamic and impact loads,thermal loads, and provisions for hoist loads shall be considered whereappropriate in the design.

All concrete structures andmembers shall be designed for the load combinations stipulated in ACI 318 orthe required building code, whichever governs.

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4.1.4                        FireWalls

Any required fire wall(s)shall be located per NFPA and building codes.

4.2                                 Foundations

4.2.1                        Buildingsand Equipment Foundations

Buildings and equipment foundationsshall be of reinforced concrete.  Therecommendations for foundation design contained in the final GeotechnicalReport shall be appropriately incorporated in the design.

Due consideration shall begiven to overall and differential settlement of structures, structuralcomponents, and equipment foundations.

4.2.2                        TankFoundations

Foundations for storagetanks shall be provided with either a ring wall or mat foundation, asappropriate, per recommendations of the Geotechnical Report and the Engineer’sdesign.  Containment shall be provided asrequired by applicable regulations or permits.

4.2.3                        Embedments,Anchor Bolts, and Sole Plates

Sole plates, anchor bolts,anchors, insert plates, and electrical conduits for process and balance ofplant equipment foundations shall be provided.

4.2.4                        DuctBanks

Underground conduit forpower and instrument cables shall be *** ducts, encased in ***.  When ducts pass under roadways, or are inareas of heavy traffic, the duct bank shall be reinforced per the applicablecodes.

4.3                                 Materials

4.3.1                        Concreteand Reinforcing Steel

Design of concretestructures will be in accordance with the latest revision of the Building CodeRequirements for Reinforced Concrete, ACI 318 and Specification for StructuralConcrete for Buildings ACI 301.  Concreteshall have a minimum compressive strength of 4,000 psi at twenty-eightdays.  Reinforcing steel shall conform toASTM A615, Grade 60.  Welded wire fabricshall conform to ASTM A185.

4.3.2                        ConcreteAggregate

Cement shall be ASTM C150,with type to suit the intended use.  Fineaggregate shall be a washed, inert, natural sand conforming to ASTM C33.  Coarse aggregate shall be a well gradedcrushed stone or washed gravel conforming to ASTM C33.  Water shall be clean and free from injuriousamounts of oils, acid, alkali, and organic matter or other substancesdeleterious to concrete or reinforcement.

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4.3.3                        Admixtures

Air-entraining admixturesconforming to ASTM C260 shall be used in all concrete subject to freezing.  Concrete subject to freezing shall have anair content between 5% and 7%. Water-reducing admixtures conforming to ASTM C494 may be used.  All admixtures shall be furnished by the samemanufacturer and shall be certified by the manufacturer as compatible.  No accelerators based on the use of calciumchloride shall be allowed.

4.3.4                        Steel

Design of the steelstructures shall be in accordance with the “Specification for Structural SteelBuildings” of the AISC.  All structuralsteel shall have a minimum yield stress of 36,000 psi.  50 ksi yield materials for structural membersmay be used at Kiewit’s discretion. Girts for siding and purlins for roofing may be cold-formed structuralmembers meeting AISI specification.

4.3.5                        Bolts

Anchor bolts encased inconcrete shall conform to ASTM A307, unless otherwise specified.  Structural steel connections shall be heavyhexagonal high strength A325 bolts.

4.3.6                        WeldingElectrodes

Electrodes used in weldedconnections shall be E70XX, unless noted in specifications.

4.3.7                        SteelDecking

Floor and roof decking shallconform to ASTM A446.

4.3.8                        SteelJoists and Joint Girders

Joist and joist girdersshall conform to the requirements of the Steel Joist Institute.

4.3.9                        StructuralSteel Pipe and Tubing

Structural steel pipe shallconform to ASTM A53.  Structural Steeltubing shall conform to ASTM A500.

4.3.10                  Grating

All grating and stair treadsshall be bar grating per applicable codes with spacing per the recommendationof the design engineer.  Serrated gratingshall be used on all outside exposed applications, including stairs, platforms,and inclines.

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4.4                                 Testing

The services of qualified materialstesting laboratory, or Kiewit’s in-house testing shall be engaged to sample,test, and certify the following construction work and materials are installedas specified:  earthwork materials andcompaction; asphalt paving compaction; concrete slump, strength and airentrainment, and grout strength.

4.5                                 ProtectiveCoatings

All exposed non-stainless,non-galvanized steel shall be primed and painted; except where identified inSection 4.5.1.  Touch-up painting shallbe provided for all damaged interior and exterior surfaces.

4.5.1                        Structuraland Miscellaneous Steel

The protective coatingsshall, at a minimum, comply with the following matrix:
| **Component**                                                                                                                  | ** ** | **Shop Surface   Prep.** | ** ** | **Primer Type and  Color** | ** ** | **Finish Coat Type  and Color** | ** ** |
|--------------------------------------------------------------------------------------------------------------------------------|------------|------------------------------------|------------|--------------------------------------|------------|------------------------------------------------|------------|
| Interior  Structural Steel Building Framing, including Framing for Hangers                                                     |       | ***                                |       | ***                                  |       | ***                                            |       |
| Exterior  Structural Supports & Framing for Equipment (Note – Galvanizing is also  acceptable in lieu of painting.)   |       | ***                                |       | ***                                  |       | ***                                            |       |
| Interior  Structural Supports & Framing for Equipment                                                                      |       | ***                                |       | ***                                  |       | ***                                            |       |
| Misc.  Steel, Interior (handrail, stairs, ladders, toe plate)                                                                  |       | ***                                |       | ***                                  |       | ***                                            |       |
| Platform  and Stair Grating, Interior and Exterior                                                                             |       | ***                                |       | ***                                  |       | ***                                            |       |
| Misc.  Steel, Interior (handrail, stairs, ladders, toeplates)                                                                  |       | ***                                |       | ***                                  |       | ***                                            |       |
| Misc. Steel, Exterior (handrail, stairs, ladders,  toeplates) (Note – Galvanizing is also acceptable in lieu of painting) |       | ***                                |       | ***                                  |       | ***                                            |       |

 

The primer coat will be shopapplied.  Kiewit shall field touch-up allprimer and finish coats after final erection. For exterior finish color, manufacturer’s standard colors will beprovided to Owner for color selection. Kiewit shall take into consideration the existing ambient air conditionswhen finalizing protective coatings.

4.5.2                        Equipment,Motors, Valves, Instruments and Other Manufactured Components

All equipment, motors,valves, instruments and other manufactured components shall receive themanufacturer’s standard factory applied primer and finish paint.  

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Any structural steelsupports or any platforms on equipment shall comply with the requirements ofSection 4.5.1.

Kiewit shall field touch-upthe primer and the finish coat after equipment installation.

4.5.3                        StainlessSteel, Galvanized, and Nonferrous Surfaces

All stainless steel, galvanizedor nonferrous surfaces will not be finish painted.

4.5.4                        Piping,Interior and Exterior, Above Grade

All exterior uninsulatedpiping shall receive a surface preparation as required by paint manufacturerwith one coat (21⁄2 to 3 mils DFT) of inorganic zinc primer.  Interior uninsulated piping shall not bepainted.  Insulated piping shall notrequire priming or finish painting prior to applying insulation.

**5.0****                              ****ARCHITECTURAL REQUIREMENTS**

Note:               Instates and localities that may not have adopted a specific building code, theOwner and Kiewit shall mutually agree on which code to use.  All building design shall comply with thecode agreed upon.

5.1                                 HVACSystem Design Basis

The HVAC system design basis forthe Plant buildings shall be as follows:
|                                   | ** ** | **Design Basis** | ** ** |
|-----------------------------------|------------|-----------------------|------------|
| **Area**                          | ** ** | **Summer**            | ** ** | **Winter** | ** ** |
| Control Room                      |       | ***                   |       | *** |   |
| Admin Areas                       |       | ***                   |       | *** |   |
| Switchgear Bldg.                  |       | ***                   |       | *** |   |
| Battery Rooms                     |       | ***                   |       | *** |   |
| Toilet Areas                      |       | ***                   |       | *** |   |
| Locker Rooms                      |       | ***                   |       | *** |   |
| All other Areas (AC not provided) |       | ***                   |       | *** |   |

 

Ventilation for “All other Areas”shall be sized for a *** ambient temperature with a *** rise.

Administration Areas do not includethe maintenance and shop area. Maintenance and shop areas shall not have air conditioning.  Maintenance and shop areas shall have heatingand ventilation per ASHRAE.

5.2                                 BuildingRequirements

The control room shall housethe necessary controls required for a control room operator to efficientlyoperate the Plant..  TheControl/Administration, Warehouse, 

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Maintenance Building andWater Treatment Buildings (as required) shall be pre-engineered insulatedweather tight siding and roofing, with appropriate lighting, sanitary, andheating and ventilation facilities.   Kitchen equipment and vending machines including but not limited todishwasher, refrigerator, trash compactor, and microwave are by the Owner.  All furniture is by the Owner.  Conduits shall be provided throughout theControl/Administration Building for Owner-furnished and installed telephone andcommunication cables.

Other buildings, such as 5kV Switchgear, Cooling Tower MCC, Electrical Equipment, as well as others ofsimilar design and service (as required), shall be pre-engineered, insulatedweather tight siding and roofing with appropriate heating, lighting and ventilationfacilities.  Where applicable, somebuildings may be vendor pre-manufactured.

**6.0****                              ****ELECTRICAL SYSTEM**

6.1                                 GeneralRequirements

Theelectrical system for the Plant shall include all electrical equipment exceptas indicated otherwise below.  Thesecomponents shall generally include:

·                   Highvoltage switchyard (by others)

·                   Mediumvoltage *** switchgear

·                   Auxiliarypower transformers

·                   Mediumvoltage *** switchgear and motor control

·                   Lowvoltage *** secondary unit substations and motor control centers

·                   EssentialAC (UPS) supply systems

·                   Lightingtransformers and lighting panels

·                   Plantfire alarm and detection system

·                   Planttelephone system service ducts to main telephone distribution terminal boardlocation (cable by Owner).

·                   Groundingsystem

·                   Lightningprotection as required by code

·                   Completewiring and raceway system

·                   Plantcontrol system except as provided as part of manufacturer’s packaged equipment

·                   Heattracing for piping and instrumentation as shown on the P&ID’s

·                   Cathodicprotection for underground metal pipe and structures as required by soilsanalysis and design

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6.2                                 Codes

Components that are standardUL listed and labeled shall be provided where available.

6.3                                 ElectricalDistribution

6.3.1                        SystemCapacity and Design Criteria

The facility distribution systemshall be designed with a sufficient ampacity to support maximum electricalrequirements for the facility.

The electrical design of the mediumand low voltage levels distribution system shall be demonstrated by engineeringcalculations prior to final selection of equipment.  This design shall coordinate selection ofswitchgear interrupting ratings, voltage ratios and impedances of auxiliarytransformers, cable sizes, and load equipment rating to meet the followingcriteria:

A.           Switchgearand circuit interrupting devices at all voltage levels shall have adequateinterrupting and close and latch capability for the calculated available3-phase and line-to-ground fault currents. Calculations shall be in accordance with ANSI C37 series standards.

B.             Itshall be possible to start the largest motor on an otherwise fully loadedsystem without depressing any bus voltage to a level where running motors stallor where motors or driven equipment are at risk of damage or controllers woulddropout.

C.             Undernormal operating conditions, the *** voltage levels shall be 95% to 105% ofnominal.

D.            Under normal operating conditions, the ***voltage levels shall be 95% to 105% of nominal.

E.              Under normal operating conditions, the lowvoltage systems shall be 95% to 105% of nominal.

6.3.1.1          Relaying and Protective Devices

The electrical protective system for the electrical system includingthe *** and *** motor control centers, *** switchgear, and power transformers,will be fully coordinated and selected to provide a system which permits thecircuit interrupting device closest to an electrical fault to operate first.

The protective relay system or direct acting trips will be provided forthe electrical equipment as required by the NEC.

6.3.1.2          Electrical Protection and Metering

The electrical protection consists of solid state and/orelectromechanical relays required to provide proper protection for the entireelectrical system.

The electrical protection is designed with protection in the form ofprimary protection schemes. The electrical protection is designed to isolatethe 

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source of the electrical fault and to provide a safe shutdown of thePlant.  Relaying devices shall be groupedin central locations such as relay panels, switchgear cubicles, etc.

The electrical metering provides indications at the switchgears andload centers for volts, amps, watts, vars, power factor, frequency andwatt-hours.

6.4                                 Medium Voltage Power System

6.4.1                        General

The following description covers the general requirements of the electricalequipment necessary to provide 4160-volt, 3-Phase, 60-Hertz power for the Plant’slarge motor loads.

6.4.2                        System Type and Grounding

The*** volt system shall be of the 3-Phase, wye connected, resistance groundedneutral type with neutral over current protection.  Resistance should be sized to limit transientover-voltage during ground fault.

The *** will typically feed motors larger than *** hp.  Motors larger than *** hp with VFDs may be***.

6.4.3                        Unit Auxiliary Power Transformer(s)

Theunit auxiliary power transformer(s) shall be 3-phase, 60-Hertz, delta connectedprimary; and ***, 3-phase wye connected resistance grounded secondary.  The transformer top KVA rating shall be sizedfor the normal connected operating load with suitable margin.  The transformer and its impedance shall alsobe of a size to allow across-the-line starting of the largest *** volt motorwith a normal compliment of motors required for normal operation in the fullload condition within specified voltage drop.

Transformershall have copper windings and shall be dry type or oil-filled.  Impedance, BIL, sound level, and voltageconnections, etc., shall be in accordance with ANSI and NEMA standards. ***.

Transformeraccessories shall include:

·      Surge protection

·      Winding temperature indicator

·      Oil temperature indicator

·                   Alarm functions shall be grouped asdetermined by Kiewit for monitoring by the DCS

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6.4.4                        *** Volt Motor Controllers

Medium voltage motors (typically rated at larger than *** HP) shall befed from a grouped indoor lineup of medium voltage combination motorcontactors.  Each motor contactor shallbe complete with full voltage magnetic contactor in accordance with NEMA ICS2-234, class E2 or other appropriate standard, isolating switch and currentlimiting power fuses to interrupt the short-circuit current.  All components shall be front accessible,facilitating routine inspection and parts replacement.  The bus bars shall be copper and insulated.

Motor protection shall be provided by microprocessor based multifunctiondevices such as Multilin or equivalent.

The incoming line structure shall have a door mounted, solid-state,multi-function, protection module.  Themodule shall have nonvolatile memory, separate alarm and trip contacts and thefollowing functions.

·          RMSline current (each phase)

·          RMSline-to-line voltage (each phase)

·          RMSline-to-ground voltage

·          Megawatts(instantaneous and peak demand)

·          Megawatthours

·          Frequency

·          Phaseloss-reversal and unbalance alarm and trip contacts

·          Undervoltageand over-voltage alarm and trip contacts.

6.5                                 Low Voltage Power System

6.5.1                        General

The following description covers the general requirements of theelectrical equipment necessary to provide ***, 3-phase, 60-Hertz power for theplant 480-volt distribution system.  The*** switchgear will feed *** motor control centers, which will typicallycontrol motors 3⁄4 through ***.  Motorslarger than *** hp with VFDs may also be fed from the *** distribution system..

6.5.2                        System Type and Grounding

The*** volt system shall be of three-phase, wye connected, solidly groundedneutral type or high resistance ground type.

6.5.3                        Station Service Transformer

Thestation service transformer shall be ***. The top transformer KVA rating shall be sized for the normal connectedoperating load.  Transformer impedanceand capacity shall be adequate to allow across-the-line starting of the largest*** motor with all other normally running motors in the full load conditionwithin specified voltage drop.

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Thetransformer shall have copper windings. Impedance, BIL, sound level, and voltage connections will be inaccordance with ANSI and NEMA standards. ***.

The ratio of iron to copper losses, and design in general, shall bechosen to minimize operating losses as much as practical.

6.5.4                        *** Volt Motor Control

6.5.4.1          General

The following description covers the general requirements for controlof ***-volt, 3-phase, 60-Hertz, single speed induction motors.

6.5.4.2          Motor Control Centers

***motor control centers shall be used to house the *** motor starting equipment.

Motorcontrol centers shall have bus bracing adequate for the symmetrical faultcurrent available.  Main bus shall be ofcopper construction.

Feeder circuit protection shall be accomplished by circuitbreakers.  Where required to meet availableshort circuit current, breakers shall be provided with current limiting fusesor shall be of the current limiting or high current interrupting type.

6.5.4.3          Motor Starters

Motorstarters shall be of the combination full voltage type.  Where required to meet available shortcircuit current, breakers shall be provided with current limiting fuses orshall be of the high current interrupting type.

Motorstarters shall have three (3) overload devices, one per phase.  Wiring shall be NEMA type 1B.

To the extent practical, all motor starters in the motor controlcenters shall be of the same manufacturer to ensure interchangeability of partsand to minimize stocking of spare parts.

6.6                                 Motors

6.6.1                        Medium Voltage Motors

Themotors for all pumps, fans and process equipment shall be sized for thegreatest expected horsepower requirement with a service factor of ***.  A *** service factor may be used if the motornameplate horsepower exceeds the maximum expected continuous horsepower by atleast 10%.

All windings shall be copper. Motors shall be manufactured, tested and applied in accordance with thelatest revision of NEMA Standard MG-1.

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6.6.2                        Low Voltage AC Induction Motors

6.6.2.1          Electrical

Themotors for all pumps, fans and process equipment shall be sized for thegreatest expected horsepower requirement with a service factor of ***.  A *** service factor may be used if the motornameplate horsepower exceeds the maximum expected continuous horsepower by atleast 10%.

Motorsshall generally be NEMA Design B, F-class insulation, squirrel cage, inductiontype for full voltage starting and continuous duty.

Motorslarger than *** hp shall typically be *** volt except for motors with ***

Motorsbetween *** and *** hp shall typically be ***-volt, 3-phase, 60-Hertz.  Motors less than *** hp shall be ***, singlephase.  All windings shall be copper.

Alloutdoor *** volt motors shall have motor space heaters.

Low voltage bus voltage shall remain within acceptable limits asdefined by ANSI/IEEE and NEMA MG-1, which shall be proven in project load flowor motor starting studies.

6.6.2.2          Enclosures

Allmotor enclosures shall meet the requirements of the electrical classificationfor the building or plant area in which they are installed. Electricalclassification for each building or plant area shall be based on the areaclassifications defined by NFPA 70 (latest edition).

On all TEFC motors, a tapped drain hole with a drain plug shall beprovided and located at the lowest point of the motor to prevent accumulationof moisture within the motor due to condensation.

6.6.2.3          Bearings

On motors through Frame ***, bearings shall be anti-friction, or the “re-greasablein service” type, with motors either running or stopped.

6.6.2.4          Standards

Motors shall be manufactured, tested and applied in accordance with thelatest revision of NEMA StandardMG-1.

6.6.2.5          Vertical Motors

Verticalmotors shall follow the same general requirements as horizontal inductionmotors except as follows:

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·      Shafts may be solid or hollow asapplicable to the application.

·      Bearings shall be thrust-type locked forthrusts in both directions.

·      Motors shall be provided with reverse directionratchets when on pumping applications where water can turbine through the pumpbackwards.

6.7                                 Wiring Systems

6.7.1                        General Requirements

Kiewitshall furnish and install a complete wiring system, including all conduit,cable tray, fittings, wire and cable, and all other necessary material toensure a complete operating electrical system. All wiring shall conform to the National Electrical Code as to materialsand installation.  A numericidentification system shall be installed on all field installed electrical andcontrol system wiring.

The system is required to operate continuously throughout the servicelife of the plant.  Electric wire andcable are expected to perform satisfactorily during start-up, operation, normalor emergency shutdown of the plant, and shall be suitable for the intendedinstallation condition (i.e., wet, dry, indoor, outdoor, exposed, in cabletray, direct burial, etc.).

6.7.2                        Conductors

Conductorsfor *** volt insulated wire and cable shall have stranded copper conductors.  Maximum conductor operating temperature shallbe 90°C.

Lugs used for terminating conductors shall be of the compressiontype.  Lugs shall be rated for operationconsistent with operating temperature of cables installed.

6.7.3                        Cable Ampacity

Allcable ampacity shall be 90°C rated. However, depending on the cable size and the temperature rating of thedevice on which the cable is terminated, the allowable ampacity may be lessthan the 90°C rating. Power cables shall be UL labeled and color-coded in accordance with NECrequirements.  In addition, the followingconditions shall be considered when selecting cable sizes:

A.           Check short-circuit capacity to ensurethat insulation and conductors are not damaged when a short circuit occurs atthe end of the line, for MV circuits and low voltage power feeds to switchgearand MCC’s.

B.             Cables that are routed through severaltypes of installation conditions shall be selected using the installationcondition that results in the largest cable size.

C.             Voltage drop in the cable circuit shallbe limited to ensure proper operation of end-use device and voltage levelsshall concur with manufacturer’s recommendations.

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D.            Voltage drop shall be based on totalsystem voltage drop including the allowance of Section 6.3.1 of this ExhibitA.2.

6.7.4                        Insulation

Cableinsulation for *** copper power cable shall be extruded semi-conductingstranded shielded, 105°C, EPR insulation (133%), extrudedsemi-conducting insulation shield, copper shield and overall PVC jacket, NECtype MV-105,  UL-listed.

Cableinsulation for *** copper power cable shall be extruded semi-conductingstranded shielded, 105°C, EPR insulation (133%), extrudedsemi-conducting insulation shield, copper shield and overall PVC jacket, NECtype MV-105, UL-listed.

Cableinsulation for *** copper power/control cable shall be cross-linkedpolyethylene (XLP), overall PVC jacket, NEC type TC, UL-listed, unlessotherwise specified.

***volt copper instrumentation cable shall be twisted, shielded withaluminum/mylar tape, *** AWG tinned copper drain wire, 90°Ccross-linked polyethylene (XLP) insulation, overall PVC jacket, NEC Type TC,UL-listed.

Multi-pairinstrument and thermocouple cables shall have individual shield per pair and anoverall shield.

*** volt thermocouple extension wire shall be chromel-alumel (Type KX),90°C cross-linked polyethylene (XLP) insulation,twisted shield with aluminum/mylar tape, *** AWG tinned copper drain wire,overall PVC jacket, NEC Type TC, UL-listed.

6.8                                 Plant Lighting

6.8.1                        General Requirements

Lighting shall be provided for equipment enclosures and buildinginteriors such that plant operators can start, stop, and monitor equipment andsystems 24 hours a day.  Exteriorlighting shall be controlled by photoelectric cells and shall be provided forthe roadways, parking areas, outdoor equipment areas, DDGS and WDGS loadoutareas, and ethanol loadout areas. (Lighting intensities to be per IES for the area of the Plant and thework functions to be performed there.) Lighting shall be mounted on structuresor poles, if necessary.

6.8.2                        Voltage System

Lighting electrical systems voltage shall be 3-phase, four-wire, *** or*** volts.

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6.8.3                        Energy Efficient Lamps and Ballasts

Energy efficient lamps and ballasts shall be used.  Energy efficient lamps with a high lumenoutput per watt, such as high-pressure sodium, shall be used for high baylighting applications.  Circuitarrangement shall permit selective on/off switching of lights in areas wherepersonnel are absent.

6.8.4                        Emergency Lighting

Kiewit shall provide sufficient emergency lighting in equipment areas,as required, to allow safe movement of personnel on loss of station power.  Emergency lighting and exit lights shall beprovided by self-contained battery packs capable of maintaining rated outputfor 90 minutes.  Additionally, emergencylighting shall have its normal power source be connected to the area lightingcircuits.

6.8.5                        Lighting Transformers and Panels

Lightingtransformers shall be dry type.  Theyshall have *** spare capacity for future load conditions.

Lighting and power distribution panels shall have *** spare loadcapacity for future load additions. Kiewit shall provide only panels with copper bus bars.

6.8.6                        Obstruction Lighting

Obstructionlighting shall be provided, if required, in accordance with the requirements ofFederal Aviation Administration (FAA) Advisory Circular 70/7460-1J and150/5345-43E.  Plans, as prepared byKiewit, shall be delivered by the Owner to the appropriate FAA office for theregion to facilitate FAA review of the facilities overall impact to air trafficin the local area.

6.9                                 Raceways

Raceways shall be designed for a level of reliability equal to orexceeding that of the cables they contain. All cable trays, conduit, and other raceways shall conform to the NationalElectrical Code as to materials and installation.  Raceways shall be UL labeled.

6.9.1                        Cable Trays

Cabletrays shall be installed as a complete system with all necessary fittings andaccessories to minimize undue stress or damage to the cables they contain.  Access space for cable installation in trayshall be maintained from adjacent trays, walls, pipes and other objectsincluding those above and below tray. Horizontal spacing between trays shall be a minimum of 12”.

Allpower and control power cable trays shall have a bare ground conductor of thesize assigned to the system, run on the outside of cable tray and attached tothe tray.  For parallel runs it isallowed to use one run of ground conductor on the highest voltage level traywith a bond to other trays, one bond per other tray section.

63

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Allindoor power and control cable trays shall be aluminum or hot dipped galvanizedsteel.  Trays run outdoors shall be hotdipped galvanized rigid steel or aluminum ladder type and the top tray in astacked configuration shall have an inverted “V” type top cover to exclude dirtand foreign matter and to provide cable(s) sunlight protection.  Around cooling towers, outdoor trays may bealuminum or fiberglass.  Trays that areaccessible to personnel shall have covers to prevent accidental cablecontact.  Instrumentation cable traysshall be aluminum or hot dipped, galvanized rigid steel, ladder or solid bottomtype with covers.

Stackedtray configurations (if used) shall be stacked in accordance with voltage levelwith higher voltage at the top, as follows:

Thermocoupleand RTD wires shall be low voltage level code 4.

Fire detection wiringshall be run in dedicated conduit.  Datahighway communications shall be in dedicated conduit.

Cables of any levelshall not run in the same cable tray with other levels without noise separationpartitions.  All cable drops from cabletray shall be in conduit, except indoors. Cable drops indoors shall be installed up to the maximum distanceallowed by NEC.

Conduit shall be providedwith grounding bushings bonded to the cable tray grounding conductor.

Separate barriers in trays are also acceptable as voltageseparation.  Where barriers are utilizedfor voltage separation only the next level (higher or lower) may occupy thesame tray.  Tray barriers shall becontinuous for the entire length of the tray.

6.9.2                        Conduits and Duct Banks

Conduitsshall be installed as a complete system and shall be securely fastened inplace.

Allunderground raceway will be *** encased ***, unless otherwise required to beRigid Galvanized Steel (RGS) with a continuous *** AWG bare stranded coppergrounding conductor, two per duct bank. All duct bank elbows shall be *** or ***.  All aboveground conduit extensions shall be*** or ***.  All facility lighting shallbe fed by conduit run accessible cable. Street lighting may be direct burial cable.

Allexposed raceway shall be ***.

Forabove ground installation, minimum conduit size utilized shall be *** tradesize.  Minimum duct size shall be ***trade size.

All fittings and materials used for connection to electrical enclosuresshall be selected in order to maintain NEMA classification of theenclosure.  Conduit terminations tomotors and equipment subject to vibration shall be made with

64

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flexible conduit and maximum of 6’-0” long.  All RGS conduits shall be provided withgrounding bushings, except when connecting to threaded equipment hubs, andbonded per NEC requirements.

6.9.3                        Equipment Enclosures

All equipment enclosures shall be NEMA 1 for indoor conditioned areas,NEMA 12 for other indoor applications, NEMA 4 for outdoor applications and wetenvironments, and NEMA 7 for explosion proof, hazardous locations.

6.10                           Plant Grounding System

6.10.1                  General

Kiewit shall install a complete electrical grounding system inaccordance with applicable portions of the NEC Article 250, IEEE Standard 80and 142, with NECA “Standard of Installation”, and in accordance withrecognized industry practices.  Designshall have assured that acceptable levels of step and touch potential are notexceeded either for exposure to plant personnel or for external exposure viatransfer potentials.

6.10.2                  Lightning Protection

Lightning protection, along with the required interconnecting cablingto the grounding system, shall be provided on structures as determined by alightning protection analysis/study. Final lightning protection design shallcomply with all applicable requirements of NFPA, IEEE, and ANSI standards.

65

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ContractDrawings

***

***

***

***

***

***

***

66

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Delta-T  Datasheets

***

***

***

***

***

***

67

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| Date:      |   |                      |
|------------|--------|---------------------------|
|       |   |                      |
| Name:      |   |                      |
| Company:   |   |                      |
| Address:   |   |                      |
| Address:   |   |                      |
|       |   |                      |
| Reference: |   | Aventine EPC Contract     |
|       |   |                      |
| Subject:   |   | Contractor Invoice No. XX |

 

Gentlemen:

Kiewit Energy Company, a Delaware Corporation (“Contractor”), submitsthis application for payment (“Certificate”) pursuant to Section 8 of theAventine Renewable Energy- Mt. Vernon, L.L.C. Engineering Procurement andConstruction (the “Contract”) between Contractor and Aventine RenewableEnergy- Mt. Vernon, L.L.C. (“Owner”) dated as of [DATE] (“contract”).

Unlessotherwise defined herein, all capitalized terms used in this Certificate shallhave the meanings specified for such terms in the Contract.

1.             The undersigned is duly authorizedrepresentative of Contractor, authorized to execute and deliver thisCertificate on behalf of Contractor.

2.             The following is a summary of the currentstatus of the Contract account:
| Original Contract Price:   |   | $xxx,xxx,xxx |
|----------------------------|--------|--------------|
|                       |   |         |
| Contract Price to Date:    |   | $xxx,xxx,xxx |
|                       |   |         |
| Amount of Payments that    |   | $xxx,xxx,xxx |
| Contractor Has Received to |   |         |
| Date: [DATE]               |   |         |

 

3.             The information in all material documents andsupporting papers prepared or signed by Contractor or any of its officers oremployees and submitted to Owner and in direct support of this Certificate andin connection with the Work, taken as a whole is in all material respects,true, correct, and complete.

4.             The Work is being performed in accordancewith the Contract.

5.             That portion of the Work, as particularly setforth in Exhibit “A” hereto was completed during the month of [MONTH],entitling Contractor to a Progress Payment of $xxx,xxx.

6.             There are no known mechanics’ or materialmen’sliens outstanding  at the date of thisContractor’s invoice, all due and payable bills with respect to the Work havebeen paid to date or are included in the amount requested in currentapplication, and, except for such bills not paid but so included, there is noknown basis for the filling of any mechanics’ or materialmen’s liens on theProject or the Work except as described below, and all required releases fromall Subcontractors have been

**KIEWIT ENERGY COMPANY**

7906 N. Sam Houston Pkwy. West, Suite 300

(281)517-8900    (281) 571-8909 fax

----

obtainedso as to cover all amounts requested herein in such form as to constitute aneffective release of lien (corresponding to payments received by them) underthe laws of the State of Indiana (copies of which are attached hereto andincorporated herein by this reference). Contractor has actually performed and Contractor has not been paid forthe Work covered by this Contractor’s Invoice.

7.             Attached as Exhibit “B” hereto are thecertifications, Partial Releases and Waivers of Liens and Claims, and FinalReleases and Waivers of Liens and Claims prepared by Contractor and eachSubcontractor and Vendor either assigned to or contracting directly withContractor as applicable.

8.             Work uncertified from the Contractor’sinvoice dated (Blank) has been completed (except as may be set forth inSchedule 1), and any disputes concerning less than full certification have beenresolved by written agreement among Owner and Contractor, a copy of which resolutionis attached as Exhibit “C” hereto, and Contractor is entitled to apayment which includes:

9.             Except as set forth in Schedule “1”attached hereto, Contractor is aware of no facts that would constitute thebasis for a Change in Work as defined in Article 6.  Schedule “1” describes each Change in Worksubmitted by Contractor pursuant to Article 6 and also describes each eventthat provides the basis on which Contractor can claim that the Contract shouldbe increased or that any of the project guaranteed dates should be extended andwith respect to each such event, including Force Majeure Events, specifics theamount of such proposed increase in the Contract Sum and the duration of eachsuch proposed extension to the extent the information is available and/orknown.

INWITNESS WHEREOF, the undersigned has executed this Certificate on the datefirst above written.
|                   | By:            |             |            |
|-------------------|----------------|------------------|-----------------|
|              |           |             | Project Manager |   |
|              |           |             |            |   |
|              |           |             |            |
|              | Witness:       |             |            |
|              |           | Business Manager |            |
|              |           |             |
|              |           |             |
| Encl;             | Invoice Detail |             |
|              | Lien Waiver    |             |
|              |           |             |
|              |           |             |
| cc: District file |           |
|                   |                |                  |                 |  |  |  |

 

----

**FINALWAIVER AND RELEASE OF LIENS UPON PAYMENT**

The undersigned,                             ,of Kiewit Energy Company (“General Contractor”) has under an agreement withAventine Renewable Energy-Mt. Vernon, L.L.C. (“Owner”), furnished certainmaterials, equipment, services, and/or labor for the project known as AventineRenewable Energy Mt. Vernon Ethanol Plant (“Project”), which is located withinthe City of Mt. Vernon, County of Posey and more particularly described asfollows:

Parcel # 1, 2, 3, 4, 5, 6 Port of Indiana –Southwind Maritime Center, Posey County, Black Township, Mt. Vernon, IN

Upon receipt of the sum of $                  ,the General Contractor waives and releases any and all liens or rights of lienswith regard to the Project against Owner, its parents, affiliates, subsidiariesand divisions, and the foregoing described Property or any right against anylabor and/or material payment bond.

General Contractor acknowledges that this Waiver and Release is givento induce the payment recited above, and that this Waiver and Release is insubstantial conformance with the requirements of all applicable laws.

Givenunder hand and seal this          day of             ,20     .
|        |                                |   |
|--------|--------------------------------|--------|
|   |   General Contractor |   |
|   |                           |   |
|   |   Signed             |   |
|   |                           |   |
|   |                           |   |
|   |   By:                |   |
|   |                           |   |
|   |   Title              |   |
|   |                           |   |

 

----

**FINAL WAIVER AND RELEASE OF LIENS AND CLAIMS UPONPAYMENT**

The undersigned,                              ,of                              (“SubContractor”) has under an agreement with Kiewit Energy Company (“GeneralContractor”), furnished certain materials, equipment, services, and/or laborfor the project known as Aventine Renewable Energy Mt. Vernon Ethanol Plant (“Project”),which is located within the City of Mt. Vernon , County of Posey and is ownedby Aventine Renewable Energy-Mt. Vernon, L.L.C. (“Owner”), and moreparticularly described as follows:

Parcel # 1, 2, 3, 4, 5, 6Port of Indiana – Southwind Maritime Center, Posey County, Black Township, Mt.Vernon, IN

Upon receipt of the sum of $                      the SubContractor waives and releases any and all claims, demands, actions,causes of action or other rights with regard to the Project against Owner,General Contractor, and their respective parents, affiliates, subsidiaries anddivisions, and the Property, at law, under a contract, in tort, equity orotherwise, and any and all liens or claims of liens or any right against anylabor and/or material payment bond it has, may have had or may have in thefuture upon the foregoing described Property or in relation to Subcontractor’sperformance of work on or the furnishing of equipment, services, and or laborfor the Project.  Subcontractor agrees toindemnify, defend, and hold the Owner and General Contractor, and theirrespective parents, affiliates, subsidiaries and divisions, harmless from andagainst any liens and/or claims for any labor, material, or services furnishedfor or in connection with or incorporated on the premises by, through, or tothe SubContractor prior to the date hereof.

This Waiver and Release applies to all facts,acts, events, circumstances, changes, constructive or actual delays,accelerations, extra work, disruptions, interferences and the like which haveoccurred, or may be claimed to have occurred prior to the date of this Waiverand Release, whether or not known to the SubContractor at the time of executionof this Waiver and Release.

The SubContractor acknowledges that thisWaiver and Release is in substantial conformity with the requirements ofapplicable laws, and shall be binding and conclusive against Subcontractor forall purposes, subject only to payment in full of the amount set forth above.

Given under hand and seal this        day of               ,20    .
|        |                      |   |
|--------|---------------------------|--------|
|   |   SubContractor |   |
|   |                      |   |
|   |   Signed        |   |
|   |                      |   |
|   |                      |   |
|   |   By:           |   |
|   |                      |   |
|   |   Title         |   |
|   |                      |   |

 

----

**INTERIM WAIVER AND RELEASE OFLIEN UPON PAYMENT**

The undersigned,                            ,of Kiewit Energy Company (“General Contractor”) has under an agreement withAventine Renewable Energy-Mt. Vernon, L.L.C. (“Owner”), furnished certainmaterials, equipment, services, and/or labor for the project known as AventineRenewable Energy Mt. Vernon Ethanol Plant (“Project”), which is located withinthe City of Mt. Vernon, County of Posey, and more particularly described asfollows:

Parcel # 1, 2, 3, 4, 5, 6Port of Indiana – Southwind Maritime Center, Posey County, Black Township, Mt.Vernon, IN

Upon receipt of the sum of $                      (“Current Payment”), the General Contractor waives and releases any and allliens or rights of liens with regard to the Project against Owner, its parents,affiliates, subsidiaries and divisions, and the foregoing described Property orany right against any labor and/or material payment bond it has or may havethrough the date of       /      /      (“Current Date”).

General Contractor acknowledges that thisWaiver and Release is given to induce the payment recited above, and that thisWaiver and Release is in substantial conformance with the requirements of allapplicable laws.

Given under hand and seal this        dayof              ,20      .
|        |                           |   |
|--------|--------------------------------|--------|
|   |   General Contractor |   |
|   |                           |   |
|   |   Signed             |   |
|   |                           |   |
|   |                           |   |
|   |   By:                |   |
|   |                           |   |
|   |   Title              |   |
|   |                           |   |

 

----

**INTERIM WAIVER AND RELEASE OFLIEN UPON PAYMENT**

The undersigned,                            ,of                                  (“SubContractor”) has under an agreement with Kiewit Energy Company (“GeneralContractor”), furnished certain materials, equipment, services, and/or laborfor the project known as Aventine Renewable Energy Mt. Vernon Ethanol Plant (“Project”),which is located within the City of Mt. Vernon , County of Posey and is ownedby Aventine Renewable Energy-Mt. Vernon, L.L.C. (“Owner”), and moreparticularly described as follows:

Parcel # 1, 2, 3, 4, 5, 6Port of Indiana – Southwind Maritime Center, Posey County, Black Township, Mt.Vernon, IN

Upon receipt of the sum of $                      (“Current Payment”), the SubContractor waives and releases any and all liens orclaims of liens and all claims, demands, actions, causes of action, or otherrights with regard to the Project against Owner, General Contractor, and theirrespective parents, affiliates, subsidiaries and divisions, and the foregoingdescribed Property or any right against any labor and/or material payment bondit has or may have through the date of        /       /        (“Current Date”) and agrees toindemnify, defend, and hold the Owner and General Contractor, and theirrespective parents, affiliates, subsidiaries and divisions, harmless from andagainst any liens and/or claims for any labor, material, or services furnishedfor or in connection with or incorporated on the premises by, through, or tothe SubContractor prior to the date hereof.

SubContractor covenants and agrees to applysums received as the Current Payment first, and in no event later than 15 daysafter the Current Date, to pay all employees, laborers, materialmen,subcontractors and subconsultants employed by the undersigned in connectionwith the Project and all bills or indebtedness incurred through the Current Datefor materials, equipment, services, and/or labor and taxes, furnished by suchparties to the undersigned in connection with the execution of SubContractorwork on the Project.

SubContractor acknowledges that this Waiverand Release is given to induce the payment recited above, and that this Waiverand Release is in substantial conformance with the requirements of allapplicable laws.

Given under hand and seal this         day of           , 20       .
|        |                      |   |
|--------|---------------------------|--------|
|   |   SubContractor |   |
|   |                      |   |
|   |   Signed        |   |
|   |                      |   |
|   |                      |   |
|   |   By:           |   |
|   |                      |   |
|   |   Title         |   |
|   |                      |   |

 

4

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| Kiewit Energy Co.                             | ** **   | **MONTHLY  PROGRESS INVOICE No. 1**                       |
|-----------------------------------------------|--------------|-----------------------------------------------------------|
|                                          | ** **   | ** **                                                |
| ***Mt. Vernon Ethanol***                      | *** *** | *** ***                                              | *** *** | *** *** | *** *** | *** *** |
| **CONTRACTOR:**                               | ** **   | **CONTRACTOR ADDRESS:**                                   | ** ** | **CO. No.: 346** | ** ** | **DATE:** |
| Kiewit Energy Co.                             |         | 7906 N. Sam Houston Pkwy W. Suite 300, Houston, TX  77064 | ** ** | **Job No.: 30205** | ** ** | **PARTIAL or FINAL** |
| **OWNER:**                                    | ** **   | **OWNER ADDRESS:**                                        | ** ** | **PROJECT MANAGER:** | ** ** | ** ** |
| Aventine Renewable Energy- Mt. Vernon, L.L.C. |         | 1300 S. 2nd St., Pekin, IL 61554                          |   | Dan Ordos |   |   |
| **PROJECT LOCATION:**                         | ** **   | **PROJECT NAME:**                                         | ** ** | **PERIOD FROM:** | ** ** | **PERIOD  TO****:** |
| Mt. Vernon, Indiana                           |         | Mt. Vernon Ethanol                                        |   |   |   |   |

 
| ** ** | ** ** | ** **      | ** **            | **Weighted %** | ** ** | **Original Contract Value** | ** **                  | ** ** | ** ** | **Current Contract** | ** **       | **Progress Previous Periods** | ** **          | **Progress This Period** | ** **       | **Progress To Date** | ** **          |
|------------|------------|-----------------|-----------------------|---------------------|------------|----------------------------------|-----------------------------|------------|------------|---------------------------|------------------|-----------------------------------------|---------------------|------------------------------------|------------------|--------------------------------|---------------------|
| **Item**   | ** ** | **Description** | ** **            | **of Value**   | ** ** | ** **                       | **Approved CO’s** | ** ** | **Value**  | ** **                | **% Comp.** | ** **                              | **In Dollars** | ** **                         | **% Comp.** | ** **                     | **In Dollars** | ** ** | **% Comp.** | ** ** | **In Dollars** | ** ** |
| ** ** | ** ** | ** **      | ** **            | ** **          | ** ** | ** **                       | ** **                  | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **A.**     | ** ** | **Sitework**    |                  | ***                 |       | ***                              |                        |       |       | ***                       |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |
|       | 1.         |            |                  |                |       |                             |                        |       |       |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 2.         |            |                  |                |       |                             |                        |       | *******    |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 3.         |            |                  |                |       |                             |                        |       |       |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       |       |            | **Subtotal:**         |                | ***        |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               |   | **0.0** | **%** | **$** | **0** |   | **0.0** | **%** | **$** | **0** |   |
|       |       |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
| **B.**     |       |            | **Piling**            |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 1.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 2.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 3.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       |       |            | **Subtotal:**         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
| **C.**     | ** ** | ** **      | **Excavation**        |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 1.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 2.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 3.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       |       |            | **Subtotal:**         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
| **D.**     |       |            | **Concrete**          |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 1.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 2.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 3.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       |       |            | **Subtotal:**         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
| **E.**     | ** ** | ** **      | **Structural  Steel** |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 1.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 2.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       | 3.         |            |                  |                |       |                             |                        |       | ** ** |                      |             |                                    |                |                               |             |                           |                |   |   |   |   |   |   |   |
|       |       |            | **Subtotal:**         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |

 

1

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| ** ** | ** ** | ** **      | ** **                            | **Weighted %** | ** ** | **Original Contract Value** | ** **                  | ** ** | ** ** | **Current Contract** | ** **       | **Progress Previous Periods** | ** **          | **Progress This Period** | ** **       | **Progress To Date** | ** **          |
|------------|------------|-----------------|---------------------------------------|---------------------|------------|----------------------------------|-----------------------------|------------|------------|---------------------------|------------------|-----------------------------------------|---------------------|------------------------------------|------------------|--------------------------------|---------------------|
| **Item**   | ** ** | **Description** | ** **                            | **of Value**   | ** ** | ** **                       | **Approved CO’s** | ** ** | **Value**  | ** **                | **% Comp.** | ** **                              | **In Dollars** | ** **                         | **% Comp.** | ** **                     | **In Dollars** | ** ** | **% Comp.** | ** ** | **In Dollars** | ** ** |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **F.**     |       |            | **Pre-Engineered  Buildings**         |                | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **G.**     |       |            | **Equipment  Installation**           |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **H.**     |       |            | **Pipe  Erection**                    |                | *******    |                             | *******                     |       | ** ** |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **I.**     |       |            | **Electrical  & Instrumentation** |                | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **J.**     |       |            | **Start-up**                          |                | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **K.**     |       |            | **Engineered  Equipment**             |                | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |       |            | ** **                            |                |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **L.**     |       |            | **Scaffolding**                       |                | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.         |            | ** **                            |                | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |       |            | **Subtotal:**                         |                | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |

 

2

----

 

 
| ** ** | ** **                         | ** **      | ** **                   | **Weighted %**           | ** ** | **Original Contract Value** | ** **                  | ** ** | ** ** | **Current Contract** | ** **       | **Progress Previous Periods** | ** **          | **Progress This Period** | ** **       | **Progress To Date** | ** **          |
|------------|------------------------------------|-----------------|------------------------------|-------------------------------|------------|----------------------------------|-----------------------------|------------|------------|---------------------------|------------------|-----------------------------------------|---------------------|------------------------------------|------------------|--------------------------------|---------------------|
| **Item**   | ** **                         | **Description** | ** **                   | **of Value**             | ** ** | ** **                       | **Approved CO’s** | ** ** | **Value**  | ** **                | **% Comp.** | ** **                              | **In Dollars** | ** **                         | **% Comp.** | ** **                     | **In Dollars** | ** ** | **% Comp.** | ** ** | **In Dollars** | ** ** |
|       |                               |            | ** **                   |                          |       |                             |                        |       |       |                      |             |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **M.**     |                               |            | **Construction  Equipment**  |                          | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.                                 |            | ** **                   |                          | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.                                 |            | ** **                   |                          | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.                                 |            | ** **                   |                          | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |                               |            | **Subtotal:**                |                          | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |                               |            | ** **                   |                          |       |                             |                        |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **N.**     |                               |            | **Indirects**                |                          | *******    |                             | *******                     |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |                               |            | **Subtotal:**                |                          | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
| **O.**     |                               |            | **Mobilization**             |                          | ** ** |                             | ** **                  |       |       |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 1.                                 |            | Upon Contract Award          |                          | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 2.                                 |            | Month 1 (est June 30, 2007)  |                          | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 3.                                 |            | Month 2 (est July 30, 2007)  |                          | *******    |                             | *******                     |       |       |                      | *******          |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       | 4.                                 |            | Upon Notice to Proceed       |                          | *******    |                             | *******                     |       |       |                      | *******          |                                    |                | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
|       |                               |            | **Subtotal:**                |                          | *******    |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
|       |                               |            | ** **                   |                          | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **P.**     |                               |            | **PROJECT TOTALS**           |                          | ** ** |                             | *******                     |       | **$**      | **0**                     |             | *******                                 |                | **0.0**                            | **%**            | **$**                          | **0**               | ** ** | **0.0** | **%** | **$** | **0** | ** ** | **0.0** | **%** | **$** | **0** |   |
| ** ** |                               |            | ** **                   |                          | ** ** |                             | ** **                  |       | ** ** |                      | ** **       |                                    | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |   |
| **Q.**     |                               |            | **APPROVED  CHANGE ORDERS**  |                          | ** ** |                             | ** **                  |       | ** ** |                      | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | **$**               | **0** | ** ** | ** ** | ** ** | **$** | **0** |   |
| ** ** |                               |            | ** **                   |                          | ** ** |                             | ** **                  |       | ** ** |                      | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** |   |
| **R.**     |                               |            | **REVISED  CONTRACT AMOUNT** |                          | ** ** |                             | **$**                       | **0**      |       | *******                   |             | ** **                              | ** **          | **$**                              | **0**            | ** **                     | ** **          | ** ** | **$** | **0** | ** ** | ** ** | ** ** | **$** | **0** |   |
| ** ** |                               |            | ** **                   |                          | ** ** |                             | ** **                  |       | ** ** |                      | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** |   |
|       | **Wire  Transfer Funds To:**       |            | ** **                   | Total Completed To Date:      | **$**      | **0**                            |                        | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** |   |
|       | First National Bank of Omaha       |            | ** **                   | Total Retainage:              | **$**      | **0**                            |                        | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** |   |
|       | 1620 Dodge Street, Omaha, NE 68197 |            | ** **                   | Total Earned Less  Retainage: | **$**      | **0**                            |                        | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** |   |
|       | **Kiewit  Energy Co.**             |            | ** **                   | Less Previous Payments:       | **$**      | **0**                            |                        | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** |   |
|       | ** **                         |            | ** **                   | Current Amount Due:           | **$**      | **0**                            |                        | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          | ** ** |   |
|       | Account No.: ***                   |            | ** **                   |                          | ** ** |                             | ** **                  | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          |   |
|       | Routing No.: ***                   |            | ** **                   |                          | ** ** |                             | ** **                  | ** ** | ** ** | ** **                | ** **       | ** **                              | ** **          | ** **                         | ** **       | ** **                     | ** **          |   |
|            |                                    |                 |                              |                               |            |                                  |                             |            |            |                           |                  |                                         |                     |                                    |                  |                                |                     |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |

 
|            |                       |       | ** ** | ** ** | ** **   | ** ** | **AVENTINE  RENEWABLE ENERGY** |                |
|------------|----------------------------|------------|------------|------------|--------------|------------|--------------------------------|---------------------|
| ** ** |                       |       | ** ** | ** ** | ** **   | ** ** | **MT  VERNON, L.L.C.**         |                |
| ** ** |                       |       | ** ** | ** ** | ** **   | ** ** | ** **                     | ** **          | ** ** | ** ** | ** ** | ** ** |   |
| ** ** | **KIEWIT  ENERGY COMPANY** | ** ** | ** ** |       |
| ** ** | Approved By:               |       | ** ** |       | Reviewed By: | ** ** | ,                              | Site Representative | ** ** |   |
| ** ** |                       |       |       |       | ** **   | ** ** |                           | ** **          |   |
| ** ** |                       |       | ** ** |       | Approved By: | ** ** | ,                              | Project Manager     | ** ** |   |
|            |                            |            |            |            |              |            |                                |                     |  |  |  |  |  |  |  |  |  |  |  |

 

3

----

EPC Fixed Price Contract

Exhibit C Performance Test Protocols

Mt Vernon Ethanol

**EXHIBIT C**

**PERFORMANCE TEST PROTOCOLS**

**1.****            ****Performance Test Protocols**

1.1           Pre-TestPreparation

1.1.1        Prior to thePERFORMANCE TEST, the Plant must have reached Mechanical Completion.  In addition, the OWNER must have run thePlant at or near design rate consistently for a period of ***, as evidenced byPlant operational data provided to KIEWIT by OWNER, before the PERFORMANCE TESTis initiated. This *** operating period may be reduced or waived upon theagreement of the KIEWIT Test Coordinator and the Owner Representative.  Before commencement of PERFORMANCE TEST,KIEWIT shall notify OWNER in writing at least *** prior to planned commencementof the PERFORMANCE TEST that all pre-test conditions have been satisfied,including the following:

·              Adequate andcompetent supervision, personnel and resources for effective operation,maintenance and performance analysis of the Plant, including laboratoryanalysis, temporary meters or other measuring devices and instrumentationspecified as to accuracy and reproducibility by KIEWIT in advance of thePERFORMANCE TEST required to conduct and evaluate the PERFORMANCE TEST shallhave been furnished.  The Plant shall beoperated and maintained in accordance with the technical advice and instructionfrom the Operations Manual and on-site directives from KIEWIT, and otherwisewithin generally accepted practices within the fuel ethanol industry.

·              The Plant,its machinery, equipment, instrumentation and piping, shall all be cleanlubricated where appropriate, leak tight, and ready to operate according todesign specifications.  All systems andappropriate checkouts and calibrations shall have been completed and documentedby responsible Plant technicians, contractors, and/or vendors.  Analytical and any special test equipment andreagents will have been calibrated and made accurate.

·              Cleaning(CIP) of the process equipment has been accomplished *** or less before thePERFORMANCE TEST per KIEWIT direction and standard procedures set out in theKIEWIT Operations Manual. This requirement to CIP within *** may be reduced orwaived upon the agreement of the KIEWIT Test Coordinator and the OwnerRepresentative.  All ingredients andsupplies required to complete the test are on hand.  This includes, but is not limited to,feedstock of corn (meeting specifications listed in Article 7 Section 1.2)supplied in stable quantities sufficient to support Plant operation at a rate upto *** of the guaranteed fuel ethanol production rate, as well as sufficientsteam, water, stable permanent power, and other utilities, enzymes, chemicals,and other ingredients of the type specified by KIEWIT in the Operations Manualand supplies to support Plant operation at a rate up to *** the guaranteed fuelethanol production rate.

·              Adequateoperation, analytical, and maintenance support shall be scheduled for the testperiod.

1

----

1.2           Coordination

1.2.1        KIEWIT shallcoordinate the PERFORMANCE TEST with OWNER during the *** PERFORMANCE TEST period.  This coordination of the PERFORMANCE TESTactivities will be handled by a KIEWIT Representative designated to serve asKIEWIT’s Test Coordinator (“Test Coordinator”). The Test Coordinator will work with an individual designated by theOWNER to be its Representative for the PERFORMANCE TEST to set the testschedule and to coordinate operations during the test period. KIEWIT will alsoassign KIEWIT Shift Coordinators to support the operation during the testperiod.

1.2.2        OWNER shallsupply, or cause to be supplied, all feedstock, utilities and other suppliesand services required to conduct the PERFORMANCE TEST, as specified underSection 1.1.1 above, throughout the entire Plant during all PERFORMANCE TESTS.

1.2.3        OWNER shalldirect its personnel in the operation of the Plant in a manner consistent withthe operating parameters provided in the Operations Manual.  Owner’s personnel shall be under thedirection of Kiewit.

1.3           Conductingthe Test

1.3.1        The KIEWITTest Coordinator shall be provided with operating data by the OWNER sufficientto verify that the Plant is operating at a condition suitable for initiation ofthe PERFORMANCE TEST.  At the scheduledstart time of the PERFORMANCE TEST, the KIEWIT Test Coordinator will signalthat the test has formally begun and will direct operators to take the initialtest measurements. The test will be conducted over a *** period ofoperation.  During the Test period, thePlant shall be operated by the OWNER in compliance with the KIEWIT OperationsManual and instructions provided by KIEWIT, including, without limitation,adjustments in temperatures, pressures, feedstock rates, steam flow, and otherprocess control inputs, provided these adjustments do not result in unsafeoperating conditions.  Plant operators willmonitor and record operating data according to standard procedures and inaddition will record the supplemental data specified in this protocol on datasheets in the form to be provided by KIEWIT. Records will be developed from permanent Plant equipment that iscalibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or adesignated Representative) and OWNER.  Ifthe Test Coordinator or the Owner Representative believes that there might be aproblem with the measurement method or reading, the reading will be retaken andverified by the Test Coordinator and OWNER’S Representative. Immediately uponthe conclusion of the PERFORMANCE TEST, the Test Coordinator will meet withRepresentatives of OWNER to review the test results.  KIEWIT and OWNER shall each be given a copyof the test results.  If the PerformanceGuarantees have been met, then OWNER shall promptly issue a notice to KIEWIT tosuch effect.  If the PERFORMANCE TESTShave not been met, then OWNER shall issue a written notice to KIEWIT within ***of completion of the PERFORMANCE TESTS indicating in what manner suchPerformance Guarantees have not been successfully completed.

1.3.2        If the ***test period is interrupted for any reason within KIEWIT’s control or OWNER’Scontrol, a new *** test period will resume after the cause for the interruptionhas been corrected and the Plant has achieved an acceptable operating capacityat substantially the same rate immediately prior to the interruption.  KIEWIT and OWNER shall stop the PERFORMANCETEST if it becomes obvious that it cannot be carried to a 

2

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satisfactoryconclusion in the current attempt.  Ifthe PERFORMANCE TEST has been interrupted for reasons not attributable to  KIEWIT, and continues to be interrupted suchthat KIEWIT has spent a cumulative period of *** on site since the commencementof the test, then OWNER shall compensate KIEWIT for the personnel that KIEWIThas on site.  This compensation periodshall begin on the *** on site, and will continue until the completion of thePERFORMANCE TEST.  This compensation willcease should the inability to complete the PERFORMANCE TEST be the fault ofKIEWIT.  Compensation rates shall be atKiewit’s standard rates.
| **2.**     |   | **Analytical/Calculation Protocols** |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|------------|--------|--------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| ** ** |   | ** **                           | ** **                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
| 2.1        |   | Undenatured Fuel Ethanol Quality     |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | METHOD:                              | Analyze samples according to ASTM D4806-06. The last  test result before emptying day tank into main storage tank shall determine  the quality for the batch. The average of all batch test results over the  test period shall be used in determining the quality for the PERFORMANCE  TEST. If required, a separate sample may be denatured with *** denaturant and  the tests repeated to ensure ASTM D4806-06 is met.                                                                                                                                                                                                                                  |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   |                                 | If the fuel ethanol in the day tank does not meet  the quality specifications of Article 7, KIEWIT has the discretion to send it  on to the main storage tank (on the theory that the blended product in the  main storage tank will meet the quality specifications) the average of all  batch test results shall be used to establish the blended quality. If the  blended fuel ethanol does not meet quality specifications as a result of  below quality product measured in one or more day tank batches the volume of  the batch(s) shall not be included in ethanol production “rate” quantities  used in calculating liquidated damages. |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | SAMPLE POINT:                        | Undenatured Fuel Ethanol Day Tank Storage                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | SAMPLE SIZE:                         | ***                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | SAMPLE CONTAINER:                    | Nalgene                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | FREQUENCY:                           | Once per ***                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | SAMPLES RETAINED:                    | All                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | PREPARATION:                         | Standardize test reagents. Clean glassware and  sample containers. Assure that reagents are of sufficient quality.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
|       |   |                                 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|       |   | DOCUMENTATION:                       | Log results on a PERFORMANCE TEST Data Sheet.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |

 

3

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| 2.2    |   | Undenatured Fuel Ethanol Production Rate |
|--------|--------|------------------------------------------|
|   |   | METHOD:                                  | The day tank will be manually measured every *** to  serve as the principal method of measurement of production volume, along with  a final measurement of the day tank before the contents are sent to the main  storage tank(s). In addition, flow totalizer readings will be taken from  product meter or other measuring device mutually agreed upon between OWNER  and KIEWIT at regular intervals as backup verification of the manual  measurements. The total quantity of ethanol produced will be adjusted to a  volume equivalent ethanol per ASTM D4806-06. Divide by the total number of  test hours to determine the average rate over the test period |
|   |   |                                     |   |
|   |   | SAMPLE POINT:                            | Product volumetric totalizing meter (with computer  monitoring) after Product Receiver. |
|   |   |                                     |   |
|   |   | SAMPLE SIZE:                             | N/A |
|   |   |                                     |   |
|   |   | SAMPLE CONTAINER:                        | N/A |
|   |   |                                     |   |
|   |   | FREQUENCY:                               | Once per *** and at the end of each Day Tank batch. |
|   |   |                                     |   |
|   |   | SAMPLES RETAINED:                        | N/A |
|   |   |                                     |   |
|   |   | PREPARATION:                             | Certify that the flow meter is properly calibrated. |
|   |   |                                     |   |
|   |   | DOCUMENTATION:                           | Log results on a PERFORMANCE TEST Data Sheet and  sign off by the OWNER and KIEWIT. |
| 2.3    |   | Undenatured Fuel Ethanol Yield           |   |
|   |   |                                     |   |
|   |   | BASIS:                                   | See Section 7.3.1 Anhydrous Fuel Ethanol Yield of  the General Conditions. |
|   |   |                                     |   |
|   |   | METHOD:                                  | Record corn-weigh belt totalizer readings to measure  the accumulated meal weight. Measure the sample moisture and starch content.  Convert total undenatured ethanol volume from the Rate Test to weight at  60oF. Divide the calculated mass quantity of undenatured ethanol by the  calculated corn mass quantity of total starch fed over the time period to  determine yield. In addition, this weigh belt total should be cross checked  by totaling all corn receipts, subtracting all foreign material content, and  taking into account the current corn bin volumes. OWNER and KIEWIT shall  mutually agree on the method for the testing of dry fermentable solids. |
|   |   |                                     |   |
|   |   | TEST POINT:                              | Corn weigh belt |
|   |   |                                     |   |
|   |   | FREQUENCY:                               | Once per *** |
|   |   |                                     |   |
|   |   | PREPARATION:                             | Certify that the weigh belt is properly calibrated |

 

4

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|        |   | DOCUMENTATION:          | Log results on “PERFORMANCE TEST Data Sheet”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             |
|--------|--------|-------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 2.4    |   | Natural Gas Consumption |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   | METHOD:                 | Record Plant natural gas meter totalizer readings in  MCF over test period. Obtain high heat value specification for gas from the  utility providing natural gas to the site over the test period and calculate  the BTU over the test period. Divide this value by the amount of undenatured  ethanol produced during the test period to determine BTU per gallon of  undenatured ethanol produced during the test period. Average results of all  calculations for test period to determine natural gas consumption value for  Performance Test. |
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   | TEST POINT:             | Plant gas meter                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   | FREQUENCY:              | Once per ***                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       |
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   | PREPARATION:            | Certify gas meter is properly calibrated and suspend  all non-process use of natural gas. The gas meter shall be pressure and  temperature compensated in accordance with the local gas company standards.                                                                                                                                                                                                                                                                                                                                         |
|   |   |                    |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|   |   | DOCUMENTATION:          | Log results on an “Performance Test Data Sheet.”                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         |

 

2.5           AirEmissions

Testingshall be performed in compliance with the stricter of all applicablerequirements of the USEPA and IDEM.

2.6           CalculationProtocol

Allcalculations will be based on actual measured data taken during the testperiod.  For any given sample period, theaverage value during that period will be determined by the average of themeasured data points for that sample period. The liquidated damages, if any, will be determined using the datacollected for each individual sample period and averaged over the PERFORMANCETEST period. All samples shall be taken in duplicate and OWNER and KIEWIT shalleach retain one sample.  OWNER shallanalyze one of the duplicates; the second shall be reserved for use in case ofa disagreement.  OWNER shall cause suchanalyses to be conducted at the Plant during the PERFORMANCE TEST period and inthe presence of the Test Coordinator or such coordinator’s designee, and OWNER,and Lender’s designated representative, if applicable, if they are present;provided, however, if equipment for such testing is unavailable at the Plantthe sample will be sent to an outside laboratory reasonably acceptable to OWNERand KIEWIT for analysis.  In case ofdisagreement, a referee laboratory shall be selected by agreement between OWNERand KIEWIT, and the cost of such referee laboratory shall be paid by the Partyor Parties not substantiated by the referee. The findings of this referee laboratory shall be accepted as final.

5

----

**Exhibit D**

**May18, 2007Project No. 1649352-19-01-01**

**FINAL GEOTECHNICALEXPLORATIONProposed Mount Vernon Dry Mill Ethanol PlantSouthwind Port RoadMount Vernon, IN**

**PreparedFor:Mr. Mark CoatsRegional Dry Mill Project EngineerAventine Renewable Energy, Inc.1300 South Second StreetPekin, Illinois 61554**

----

 
|  |   | May 18, 2007  Project No. 1649352-19-01-01 |
|--|--------|--------------------------------------------|

Mr. Mark CoatsRegional Dry Mill Project EngineerAventine Renewable Energy, Inc.1300 South Second StreetPekin, Illinois 61554
| **RE:**    | **FINAL GEOTECHNICAL EXPLORATION**               |
|------------|--------------------------------------------------|
| ** ** | **Proposed Mount Vernon Dry Mill Ethanol Plant** |
| ** ** | **Southwind Port Road**                          |
| ** ** | **Mount Vernon, IN**                             |

Dear Mr. Coats:

In compliance with yourrequest, **Weaver Boos Consultants, LLC***(Weaver Boos)*has completed our finalgeotechnical exploration at the site of the above referenced project. This workwas: 1) a follow up to our Limited Geotechnical and Hydrological ExplorationsReport dated September 27, 2006; 2) in general accordance with our ProposalP61914 dated January 30, 2007; and 3) authorized by your Purchase Order No.78239. Please refer to our previously submitted Environmental andHydrogeological Assessment Reports for information concerning each of thesesubjects.

This report contains theresults of our subsurface exploration, recommendations concerning design andconstruction of foundations, floor slabs and pavement, and related constructionconsiderations. A summary of our findings is included in **Section 1.0**“Executive Summary.” Supportingdetails are presented in subsequent sections of the report and appendices.

Thank you for selectingour firm to assist in this phase of the project. Please call us if there areany questions concerning this report. We would be pleased to review the projectdesign and specifications and to provide observation and testing servicesduring the project construction.

Very truly yours,

**WeaverBoos Consultants, LLC**

Christopher Bosy, P.E.Senior Geotechnical Engineer
| cc:    | Mr. Jeff Moery (Aventine Renewable Energy, Inc.)     |
|--------|------------------------------------------------------|
|   | Mr. Alex Toro (Aventine Renewable Energy, Inc.)      |
|   | Mr. Jason R. Dedrickson (Bibb & Associates)      |
|   | Mr. Aaron J. Gaul, P.E. (Geopier Foundation Company) |

This report was reviewedby Ground Engineering Consultants, Inc.

----

**FINAL GEOTECHNICALEXPLORATIONProposed Mount Vernon Dry Mill Ethanol PlantSouthwind Port RoadMount Vernon, IN**
| **1.0    EXECUTIVE SUMMARY**                                      | ** ** | **1-1**    |
|---------------------------------------------------------------------------------------|------------|------------|
| ** **                                                                            | ** ** | ** ** |
| 1.1    Purpose  and Scope of Study                                |       | 1-1        |
|                                                                                  |       |       |
| 1.2    Principal  Findings                                        |       | 1-2        |
|                                                                                  |       |       |
| **2.0**    **SITE AND SUBSURFACE CONDITIONS**                     | ** ** | **2-1**    |
| ** **                                                                            | ** ** | ** ** |
| 2.1    Site  Location and Topography                              |       | 2-1        |
|                                                                                  |       |       |
| 2.2    Site  History                                              |       | 2-1        |
|                                                                                  |       |       |
| 2.3    Site  Conditions                                           |       | 2-1        |
|                                                                                  |       |       |
| *2.3.1*    *Fall 2006*                                            | * *   | *2-1*      |
| *2.3.2*    *March 2007*                                           | * *   | *2-1*      |
| *2.3.3*    *April 2007*                                           | * *   | *2-2*      |
| * *                                                                              | * *   | * *   |
| 2.4    Geologic  Setting                                          |       | 2-2        |
|                                                                                  |       |       |
| 2.5    Soil  Conditions                                           |       | 2-3        |
|                                                                                  |       |       |
| 2.6    Groundwater  Conditions                                    |       | 2-4        |
|                                                                                  |       |       |
| 2.7    Consolidation  Tests                                       |       | 2-5        |
|                                                                                  |       |       |
| 2.8    Standard  Proctor and California Bearing Ratio Testing     |       | 2-6        |
|                                                                                  |       |       |
| **3.0**    **PROJECT INFORMATION**                                | ** ** | **3-1**    |
| ** **                                                                            | ** ** | ** ** |
| **4.0**    **DESIGN RECOMMENDATIONS**                             | ** ** | **4-1**    |
| ** **                                                                            | ** ** | ** ** |
| 4.1    Basis                                                      |       | 4-1        |
|                                                                                  |       |       |
| 4.2    General  Subsurface Assessment                             |       | 4-1        |
|                                                                                  |       |       |
| 4.3    Shallow  Foundations                                       |       | 4-3        |
|                                                                                  |       |       |
| *4.3.1*    *General Building and Lightly Loaded Tank Foundations* | * *   | *4-3*      |
| *4.3.2*    *Fermentation, Beer Well and Ethanol Storage Tanks*    | * *   | *4-4*      |
| * *                                                                              | * *   | * *   |
| 4.4    Piles                                                      |       | 4-4        |
|                                                                                  |       |       |
| *4.4.1*    *Pile Overview*                                        | * *   | *4-4*      |
| *4.4.2*    *Auger Cast*                                           | * *   | *4-5*      |
| *4.4.3*    *H Pile*                                               | * *   | *4-6*      |
| * *                                                                              | * *   | * *   |
| 4.5    Floor  Slab                                                |       | 4-7        |
|                                                                                  |       |       |
| 4.6    Below  Grade Walls                                         |       | 4-7        |
|                                                                                  |       |       |
| *4.6.1*    *Lateral Pressure on Below Grade Walls*                | * *   | *4-7*      |
| *4.6.2*    *Groundwater Control*                                  | * *   | *4-7*      |
| * *                                                                              | * *   | * *   |
| 4.7    Pavement                                                   |       | 4-8        |
|                                                                                  |       |       |
| *4.7.1*    *General*                                              | * *   | *4-8*      |
| *4.7.2*    *Asphaltic Concrete Areas*                             | * *   | *4-8*      |

 
| ***Weaver Boos Consultants, LLC*** |                             |
|------------------------------------|-----------------------------|
|                               | Three First National  Plaza |
|                               | 70 West Madison             |
|                               | Suite 4250                  |
|                               | Chicago, Illinois 60602     |

 

i

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| *4.7.3*    *Portland  Cement Concrete Areas*                  | * *   | *4-10*     |
|-----------------------------------------------------------------------------------|------------|------------|
| * *                                                                          | * *   | * *   |
| 4.8    Seismic  Design                                        | * *   | *4-10*     |
|                                                                              | * *   | * *   |
| *4.8.1*    *Site Classification*                              | * *   | *4-10*     |
| *4.8.2*    *Design Spectral Response Acceleration Parameters* | * *   | *4-10*     |
| * *                                                                          | * *   | * *   |
| 4.9    Foundation  Design Parameters                          |       | 4-11       |
|                                                                              |       |       |
| 4.10  Corrosivity  Concerns                                             |       | 4-12       |
|                                                                              |       |       |
| 4.11  Geophysical  Survey                                               |       | 4-12       |
|                                                                              |       |       |
| **5.0**    **CONSTRUCTION CONSIDERATIONS**                    | ** ** | **5-1**    |
| ** **                                                                        | ** ** | ** ** |
| 5.1    Site  Preparation                                      |       | 5-1        |
|                                                                              |       |       |
| 5.2    Foundation  Excavations                                |       | 5-1        |
|                                                                              |       |       |
| 5.3    Auger  Cast Pile                                       |       | 5-2        |
|                                                                              |       |       |
| 5.4    Driven  Piles                                          |       | 5-3        |
|                                                                              |       |       |
| 5.5    Structural  Fill                                       |       | 5-4        |
|                                                                              |       |       |
| 5.6    Fill  Placement Control                                |       | 5-4        |
|                                                                              |       |       |
| 5.7    Groundwater  Concerns                                  |       | 5-4        |
|                                                                              |       |       |
| 5.8    Slope  Stability                                       |       | 5-5        |
|                                                                              |       |       |
| **6.0**    **REFERENCES**                                     | ** ** | **6-1**    |

 

**APPENDICES**

**Figures Appendix:**

Figure 1 – Site Location Map

Figure 2 – Soil Boring/Test Pit Locations

Figure 3 – Geological Cross Section

Figure 4 – Design Envelopes For Clays

**Field Exploration Appendix**– Field and Laboratory Operations and Soil Boring Logs

**Qualifications Appendix**– General Qualifications and Contractual Considerations

**Tables Appendix:**

Table 1 – Preliminary Foundation Parameters

**Calculations Appendix**–L-Pile and Driven Computer Program Printouts

**Appendix A** –Guidelines, Auger Cast-In-Place (ACIP) Pile Specifications

**Appendix B** –Geophysical Survey Results

ii

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**1.0      EXECUTIVE SUMMARY**

**1.1      Purpose and Scope of Study**

The purpose of this study was to explore thesubsurface conditions at the site and to develop recommendations to aid in thedesign and construction of the proposed Ethanol Plant to be located at Mount Vernon,Indiana. More specifically, our work included:

1.                         Review of our previous assessments;

2.                         Sitereconnaissance by a Geotechnical Engineer;

3.                         Seventy-seven(77) Standard Penetration Test (SPT) borings to explore the soil and groundwater conditions and to provide samplesof the subsurface materials;

4.                         Deep cores at two (2) locations tocharacterize the shale and obtain samples of the same;

5.                         Observation of six (6) test pits to take intoaccount the macrostructure of the surficial clayey soils;

6.                         Performance of in-situ geophysical surveysincluding thermal and electrical resistivity and shear wave velocity testing;

7.                         Laboratory tests conducted on samplesobtained from the borings to evaluate the classification and engineeringproperties of the soil and bedrock; and

8.                         Engineering analyses of the field andlaboratory test data to develop recommendations to guide design of foundation,pavement and floor slab support. We also developed recommendations regardinggeneral construction procedures and identified potential construction problems.

In the body of this report, we present a summary ofour findings, an interpretation of the subsurface conditions, our designrecommendations and construction considerations. A Preliminary FoundationParameters summary is presented in the **TablesAppendix**. Various figures are presented in the **Figures Appendix**. The field and laboratoryoperations, together with the soil boring and test pit logs, are presented inthe **Field Exploration Appendix**.General Qualifications and Contractual Considerations are presented in the **Qualifications Appendix**. L-Pile and DrivenComputer Program printouts are provided in the **Calculations Appendix**.

1-1

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Guidelines for Auger Cast-In-Place (ACIP) PileSpecifications are provided in **Appendix A**.The geophysical survey results are provided in **Appendix B**.

**1.2      PrincipalFindings**

·                            Thesite is relatively flat with soft and wet ground surface conditions observedduring the field operations.

·                            Thegeotechnical exploration reveals that the site is underlain by about 80 ft ofclayey soils in turn underlain by sandy soils to the top of shale bedrockencountered about 130 ft below existing grade. The average groundwater depthwas about 1 to 2 ft below the ground surface.

·                            Theupper clayey soils are relatively low in strength allowing only lightly loadedshallow foundations and mats to be designed for 2,000 pounds per square foot(psf). Foundations should bear on an improved “crust” of lime stabilized soils.

·                            Fermentation,beerwell and ethanol storage tanks may be supported on the clayey soilsprovided vertical soil reinforcement (e.g., Geopiers) is incorporated in theupper 20 to 25 ft of the deposit and 3 inches of total settlement can betolerated.

·                            Thesubstantial loads exerted by the grain silos will require deep foundationsupport to reduce settlement. Deep foundations may include moderate capacity,90 ft long auger cast piles or high capacity, steel H piles driven to bedrock.

·                            Thegeophysical survey confirms that this site seismically is a Class D.

·                            Floor,pavement and railroad areas should also be lime stabilized to facilitateearthwork operations and better define earthwork costs prior to construction.

·                            Thehigh groundwater conditions encountered at the site are problematic and willrequire site filling and/or subsurface drainage.

1-2

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**2.0      SITE AND SUBSURFACE CONDITIONS**

**2.1      SiteLocation and Topography**

The site consists of Areas B and C totaling anapproximate area of 60 acres (see **Figure 1**).The site is also bisected by Southwind Port Road. The site surface was fairlyflat with elevations generally in the 377 ft to 378 ft range. The site has beenused to grow crops.

**2.2      SiteHistory**

The site is currently occupied by the Indiana PortAuthority, which leases the site for cropland to a local farmer. According toMr. Bruce Willis of the Indiana Port Authority, the land has been utilizedsolely for cropland since 1959. The site was previously utilized for a smalldirt runway for the municipal airport, dirt racetrack, and carnival on thewesternmost portion in addition to farmland for an unknown period in the 1940sand 1950s, according to Mr. Bruce Willis. Prior to that, the site was used ascropland.

**2.3      SiteConditions**

*2.3.1   Fall 2006*

The fields contained fully grown corn prior toharvesting. The borings were located so as to reduce intrusion into the cornfield and crop damage. Recent rains made the ground soft, but vehicles andequipment were still capable of maneuvering. No visual or physical access tointerior portions of the field was possible due to the fully grown corn.

*2.3.2   March 2007*

The corn fields had been harvested leavingapproximately 6-inch high stubble in the fields. The fields were very soft andyielding and had standing water over approximately 20 percent of the area fromrecent rains. The majority of the area that had standing water was on the westside of Southwind Port Road. Foot access was difficult due to soft groundsurface conditions even at drier areas of the site. Even after a week ofdrying, four-wheel drive vehicles could not access the fields, though trackequipment could with difficulty on the northeast quadrant of the site.

2-1

----

*2.3.3   April 2007*

The fields continued to have soft areas due to recentrains, but tracked and four-wheel drive vehicles were able to maneuver in thefields. Some areas (generally in the northeast portion of the site) haddesiccation cracking in the upper approximate 1 to 4 inches of soil.

**2.4      GeologicSetting**

The site is located within the Wabash Lowlandphysiographic province. The province is underlain primarily by sandstone andshale of Pennsylvanian age and is characterized by broad, partly sedimentfilled valleys and rounded hills.

Thick lake and river sediments and outwash depositsoverlie the bedrock in places. Along the Ohio River are broad, terracedvalley-fill sediments. Unconsolidated soils at this site consist of twodeposits, i.e., clayey overbank soils underlain by sandy valley train deposits.This sequence is common in the locale based on published information regardingthe Atherton Formation. Overbank sediments are deposited on a valley flooroutside of the stream channel. Such waters usually contain much sediment insuspension resulting in fine layers of clay/silt deposition. Valley traindeposits are stratified drift from meltwater-fed, braided and overloadedstreams, deposited within a confining valley.

In the area of Mount Vernon, Robinson (1977)1 maps the bedrock surface at an elevation ofapproximately 250 ft msl. With a land surface elevation of about 380 ft msl,this information suggests that the total thickness of unconsolidated soil isabout 130 ft in the locale.

Underlying bedrock is primarily the lower part of thePennsylvanian McCleansboro Group characterized by shale, sandstone, limestone,and thin coal. A fault trends from southwest to northeast along the west sideof the prospective sites, beyond which bedrock is the middle part of theMcCleansboro Group also characterized by shale, sandstone, limestone, and thincoal. Bedrock at deeper depths includes the Pennsylvanian Carbondale Group,Racoon Creek Group, and Mississippian rocks of the Chester Age, theStephensport Group, West Baden Group, Blue

----

(1) Robinson, T.M., 1977.Ground-Water Resources of Posey County, Indiana. Bulletin No. 39 of theDivision of Water, Indiana Department of Natural Resources.

2-2

----

River Group, the Sanders Group, and the Borden Group.These rocks consist of alternating sequences of limestone, siltstone, shale,and sandstone (Gray, et al., 1970).2

**2.5      SoilConditions**

Our interpretation of the subsurface conditions isbased upon seventy-seven (77) drilled soil borings drilled, six (6) test pitexcavations, and two (2) rock cores advanced at the approximate locations shownin **Figure 2**. Geophysical surveysalso included electrical/thermal resistivity and shear wave velocity testing.Borings B-1 through B-4 and test pits TP-1 through TP-6 were located by pacingfrom existing site features while borings B-5 through B-77, by our surveyingstaff. All borings were drilled with all-terrain vehicle mounted equipment dueto very soft and wet ground surface conditions. The following discussion isgeneral; for more specific information, refer to the boring and test pit logspresented in the **Field Exploration Appendix**andthe geological cross section shown in **Figure3**.

The test pits, soil borings and rock cores extended toa maximum depth of 148 ft below existing grade at the explored locations. Ingeneral, topsoil, clayey soils, sandy soils and bedrock were encountered. Thefollowing provides additional information concerning each of these strata.

·                            Topsoil– This material was generally 6 to 12 inches thick (occasionally 18 inchesthick), and encountered in all the borings and test pits. It is typicallydescribed as brown to dark brown clayey topsoil with organics. During test pitexcavation, minor desiccation was noted in the upper 1 to 4 inches of topsoilduring a period of dry weather.

·                            ClayeySoils – Below the topsoil, clayey soils were encountered to an average depth ofapproximately 80 ft below existing grade (elevation 300 ft ±). These arebelieved to be overbank deposits from ancient floods along the Ohio River. Theclayey soils are typically brown to brown and gray in color occasionallybecoming all gray or bluish-gray and consisted of low plasticity silty claysand lean clays. Layers of very loose to medium dense silts and clayey siltswere interbedded within the clay matrix along with traces of organic materialnear the surface. The consistency of the silty/lean clays was generally

----

(2) Gray, H.H., W.J.Wayne, and C.E. Wier, 1970. Geologic Map of the 1o x 2o Vincennes Quadrangle. Indiana GeologicalSurvey, Bloomington, Indiana.

2-3

----

soft to stiff in the upper approximately 20 to 25 ft,stiff to very stiff to about 60 ft and becoming mostly medium to stiffthereafter. The unconfined compressive strength envelope shown in **Figure 4** shows the lower end of thisgeneral strength trend. Transitional soils including loose silty or clayeysands were often encountered at the base of the deposit. The upper 4 to 5 ft ofclayey soils examined during excavation of test pits readily caved in smallportions. Within the test pits, the clayey soils below the depth of groundwaterinfiltration readily caved in larger portions which caused difficultiesmaintaining an open cut test pit.

·                            Sandysoils – Below the clayey soils, sandy soils believed to be valley traindeposits were encountered. The sandy soils are generally described as brown tograyish brown in color, fine to coarse in texture and loose/medium dense nearthe surface becoming dense to very dense at the base. Variable amounts of siltand clay were encountered within the sand matrix, generally becoming lessprevalent with depth.

·                            Bedrock– Below the above described sandy soils at depths ranging from approximately128 to 136 ft below existing grade, bedrock was encountered. Where cored, thebedrock is described as dark gray clay shale. Standard Penetration Testresistance values near the weathered bedrock surface ranged from 50 blows per 1to 5 inches of split-spoon penetration indicating a very dense condition. Rockquality designations ranged from about 24 to 30 percent indicating a very poorto poor3 in-situ rock quality.

**2.6      GroundwaterConditions**

Groundwater level readings obtained both during andafter drilling operations are noted on the boring logs. Water levels rangingfrom approximately 0.4 to 5.7 ft were recorded after a waiting period of up to51⁄2 weeks; however, the average was generally in the 1 to 2 ft range for all ofthe borings that were drilled to varying depths (10 ft to 148 ft). Thisindicates that the encountered soils are likely saturated throughout theiroccurrence and little if any horizontal or vertical hydraulic gradients exist.

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(3) Deere, D.U., (1963), *“Technical Description of Rock Cores for EngineeringPurposes,”* Felsmechanik and Ingenieurgeologie, 1, 1, 16-22.

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During test pit excavation, groundwater flowed intothe pits starting at about 4 to 6.5 ft below ground surface. The majority ofthe water entered from the walls of the excavation, though some water was notedcoming up from the bottom of the test pits. The largest amounts of water tendedto enter through siltier portions of the clayey soils. Test pits generallyfilled with about 1 to 2 ft of water in 20 minutes.

In clayey soils, relatively long periods of time areusually required for the groundwater level to attain an equilibrium position inthe boreholes. Therefore, long-term monitoring may yield different results.Additionally, seasonal fluctuations in the groundwater level may occur due tovariations in precipitation, evaporation, and surface water runoff. Shallowerwater table conditions will likely occur during and after significantprecipitation. Groundwater should be expected to rise to near the groundsurface during the wet season and this should be assumed for design purposes.

**2.7      ConsolidationTests**

Nine, one-dimensional consolidation tests were performed on relativelyundisturbed, 3 in. diameter, shelby samples of cohesive soils. The results ofeach individual test are presented as plots of vertical strain versus logarithmof vertical effective stress as shown in the **FieldExploration Appendix**.

Maximum past consolidation pressures (Pc) were determined from these curves.The test results are summarized below.

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| **Boring** | ** ** | **Depth  (ft)** | ** ** | **Description**            | ** ** | **Location**     | ** ** | **Preconsolidation  Pressure-tons/ft2  (Pc)** | ** ** | **Over-  consolidation  Ratio** |
|------------|------------|-----------------|------------|----------------------------|------------|------------------|------------|-----------------------------------------------|------------|---------------------------------|
| B-7        |       | 16-18.5         |       | Silty Clay to  Clayey Silt |       | Ethanol Storage  |       | 1.2                                           |       | 2.4                             |
| B-8        |       | 21-23           |       | Silty Clay                 |       | Ethanol Storage  |       | 3.25                                          |       | 5.0                             |
| B-11       |       | 66-66.5         |       | Lean Clay                  |       | Ethanol Storage  |       | 5.5                                           |       | 2.8                             |
| B-19       |       | 20.5-21         |       | Lean Clay                  |       | DDGS Storage     |       | 2.6                                           |       | 4.1                             |
| B-24       |       | 13.5-14         |       | Lean Silt                  |       | Grain Storage    |       | 3.8                                           |       | 9.0                             |
| B-25       |       | 31-31.5         |       | Lean Clay                  |       | Grain Storage    |       | 1.9                                           |       | 2.0                             |
| B-31       |       | 68.5-69         |       | Silty Clay                 |       | Process Building |       | 2.6                                           |       | 1.3                             |
| B-51       |       | 66.5-67         |       | Lean Clay                  |       | Fermentation     |       | 4.0                                           |       | 2.0                             |
| B-58       |       | 35.5-36         |       | Lean Clay                  |       | Future Fraction  |       | 8.0                                           |       | 7.4                             |

 

Preconsolidation pressures were typically higher inthe middle of the clayey soil deposit, decreasing towards the surface and base.The preconsolidation pressure envelope shown in **Figure 4**shows this general trend. The preconsolidationpressure generally mirrors the unconfined compressive strength envelope and ishigher by an multiplier of about 2.3 to 3.5, which is considered normal for lowplasticity lean clays and silty clays.

**2.8      StandardProctor and California Bearing Ratio Testing**

Two standard Proctor and California Bearing Ratiotests were conducted on bulk samples obtained from within the proposed roadwayand railroad areas. The results are tabulated below:

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| **Boring  Location** | ** ** | **Depth  (ft)** | ** ** | **Soil  Description** | ** ** | **Maximum  Dry Density  (pcf)**4 | ** ** | **Optimum  Moisture  Content  (%)**4 | ** ** | **Natural  Moisture  Content  (%)** | ** ** | **California  Bearing  Ratio  (CBR)** |
|----------------------|------------|-----------------|------------|-----------------------|------------|----------------------------------|------------|--------------------------------------|------------|-------------------------------------|------------|---------------------------------------|
| B-69                 |       | 0.8-1.3         |       | Lean Clay             |       | 106.5                            |       | 18.3                                 |       | 23.3                                |       | 3.8                                   |
| B-75                 |       | 0.8-1.3         |       | Lean Clay             |       | 106.3                            |       | 16.3                                 |       | 24.2                                |       | 4.2                                   |

 

The natural moisture contents are about 5 to 8 percenthigher than the optimum moisture contents which indicates that a substantialdrying effort (or lime modification) will be necessary to facilitatecompaction. We are currently running tests on a sample of the soil/lime mixtureto measure potential strength gain and improved soil characteristics.

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(4) ASTM 698-91 Procedure A Standard.

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**3.0      PROJECT INFORMATION**

We understand that the proposed development consistsof a 216-million gallon per year, dry mill Ethanol Plant (see **Table 1**provided by Bibb & Associatesfor more information regarding foundation parameters). Buildings are planned toconsist of one-story, high eave-height, steel-framed structures. Building column and wall loadsare not anticipated to exceed 100 kips and 4 kips per linear foot,respectively (column loads for the boilers may reach 200 kips). Most of themain building structures will have conventional interior slabs-on-grade withindividual foundations supporting equipment and tank loads. We expect theinterior slabs-on-grade will be subjected to a maximum floor load of 200 poundsper square foot (psf), except for the DDG storage building where the floor loadmay reach 1,200 psf.

Large storage silo/tanks are also planned. The tanksare expected to consist of metal shells and floor with a concrete ringwallfoundation (relatively settlement insensitive) while the silos will likely beslip-formed concrete cylinders supported on 2 to 3 ft thick,octagonally-shaped, reinforced concrete mat slabs (fairly settlementsensitive). The silo foundations typically extend about 6 to 10 ft below finalgrade and incorporate below grade tunnels and pits.

The plant design grade is still unknown, but we wouldexpect that filling will be required to help alleviate problems associated withthe high groundwater conditions. Other improvements will include paved parkingand drive areas servicing the buildings. Allowable settlements specified by thedesigner are no more than 2.5 inches total (raised to 3 inches at large tanks)and 1 inch differential for tanks and silos, and 1 inch total and 1⁄2 inchdifferential for buildings.

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**4.0      DESIGN RECOMMENDATIONS**

**4.1****                  Basis**

Our recommendations are based on data presented inthis report, which includes seventy-seven (77) widely-spaced soil borings, six(6) test pits, two (2) rock cores and a geophysical survey. Subsurfacevariations can exist on a site which may not be indicated by a dispersedexploratory boring program. We have also discussed our findings with localpiling contractors, the Geopier Foundation Company and Dr. Safdar Gill,P.E., of Ground Engineering Consultants, Inc. If such variations or unexpectedconditions are encountered during construction, or if the project informationis incorrect or changed, we should be informed immediately since the validityof our recommendations may be affected. Refer to the **Qualifications Appendix**for additional Qualifications andContractual Considerations.

On projects with fairly weak soil conditions andsubstantial loads such as those present at this site, discussions shouldcontinue between the Geotechnical Engineer, designer and contractor. Inparticular, as the design takes shape we can provide additional input on theselected foundation system and feasibility of various construction procedures.

**4.2****                  GeneralSubsurface Assessment**

Based on the results of field and laboratory testing,the following generalizations can be made.

·                            Theupper approximate 20 ft of the clayey soil layer has relatively low strength[design unconfined compressive strength (Qu)envelope of 0.4 to 0.6 tsf]. These soils are capable of supporting relativelylight building loads of 200 kips (1 inch of allowable settlement), and matloads (2.5 inches allowable settlement) provided the upper surface isstrengthened with lime to form a firm “crust.” Footings (less than 10 ftsquare) and tanks (less than 20 ft in diameter) may be designed for a maximumnet allowable soil bearing pressure of 2,000 psf, provided the surface isadequately stabilized and the settlements can be tolerated.

·                            The2,000 psf (1 tsf) bearing pressure will be attenuated by the lime stabilizedcrust so that plastic yielding of the soft to medium stiff clays will bereduced and the 1.4 tsf preconsolidation pressure (see **Figure 4**) will not be exceeded. Therefore,settlements

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will be reduced. The lime stabilization cost can alsobe defined with more certainty prior to construction (rather than randomundercutting).

·                            Foundationsoils beneath footings/tanks exerting contact pressures 2,000 psf or higherwill require additional improvement, likely vertical reinforcement such asgeopiers.

·                            Thefermentation, beerwell and ethanol storage tanks exert contact pressures of4,000 psf, or 2 tsf. This pressure exceeds the design preconsolidation pressureof 1.4 tsf from 0 to 20 ft; therefore, large settlements are predicted to occurif this zone is not improved. Provided soil vertical reinforcement (e.g.,Geopiers) is extended into the stiffer overconsolidated clays havingpreconsolidation pressures exceeding 2 tsf (deemed the “upper zone”),settlements are estimated not to exceed 3 inches total and 1 inch differential.This settlement is estimated to take approximately 3 years to complete (the “endof consolidation”).(5) Therefore,long-term settlements of the deeper clays (deemed the “lower zone”) areexpected to occur relatively slowly and any necessary adjustments to pipinghookup could be made in a timely manner, provided adequate monitoring ismaintained. It is estimated that hydrotesting the tanks for a minimum periodtwo (2) weeks will fully consolidate the upper zone and cause some settlementof the lower zone so that potentially one-half of the estimate settlement willbe precipitated.

·                            Thegrain silos are 75 ft in diameter and exert a substantial contact pressure of8,000 psf, or 4 tsf. Even considering geopier installation, over 5 inches ofsettlement is estimated. Therefore, deep foundations are recommended.

·                            Mediumcapacity, 18-inch diameter, 90 ft long auger cast piles and high capacity,large section H-piles (HP 14x117) driven to bedrock (135 ft ±) can be designedfor allowable compression capacities of 100 and 300 tons, respectively. Pilesettlement for the auger cast pile is estimated to be about 1-1.5 inches (whichincludes group effects) and the deep H-pile, about 1 inch. Due to thegeological conditions encountered at the site, we prefer the deeper driven pileoption.

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(5) Lambe, T.W. andWhitman, R.V., (1969), *“Soil Mechanics,”*JohnWiley & Sons, New York, p. 410.

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More specific design recommendations for foundations,floor slabs, piles and ancillary aspects of the project are provided in **Sections 4.3** through **4.11** below.

**4.3      ShallowFoundations**

*4.3.1   General Building and Lightly Loaded Tank Foundations*

In our opinion, the proposed ethanol plant buildingstructures and lightly loaded tanks can be supported on shallow foundations.Foundations should be constructed in compliance with the recommendations forsite preparation, fill placement, and inspection that are discussed in **Section****5.0**of this report.

Due to the weak nature of the encountered surficialclayey soils, we recommend that Code L lime (or equivalent) be incorporated toa depth of at least 16 inches into the soil below footings. Code L lime,manufactured by the Mississippi Lime Company of St. Genevieve, MO, is commonlyused for soil stabilization in the area. We are currently running tests on asample of soil/lime mixture to measure potential strength gain and improvedsoil characteristics.

In our opinion, a maximum net allowable soil bearingpressure of 2,000 psf is achievable provided that the foundations bear on atleast 16 inches of lime stabilized soil overlying the natural clayey soils, oron structural fill overlying the same. This value is that pressure which may betransmitted to the foundation soil in excess of the final minimum surroundingoverburden pressure and may be increased by one-third when consideringtemporary wind or seismic loading conditions. This pressure is valid for columnfooting loads not exceeding 200 kips and width not exceeding 10 ft. Largerfootings or mat foundations (maximum width of 20 ft) may also be proportionedfor 2,000 psf provided a maximum total settlement of 21⁄2 inches is tolerable. Ifthis pressure or these widths are exceeded, then the installation of verticalsoil reinforcement (e.g., Geopiers) will become necessary.

We recommend that wall and column footings should beat least 18 and 24 inches wide, respectively. In order to provide adequatefrost protection, we recommend locating perimeter footings in heated areas ofthe structures at a depth of at least 1.5 ft below finished outside grade. Innon-heated areas of the structures, the foundations should be located at adepth of at least 2.0 ft below finished grade. Interior footings in heatedareas can bear at nominal depths below the finished floor.

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In addition, each new foundation should be positionedso it does not induce significant pressure on adjacent new or existingfoundations, otherwise the stress overlap must be considered in the design.

*4.3.2   Fermentation, Beer Well and Ethanol Storage Tanks*

The Geopier Foundation Company can design and construct a series of Geopiersunder the proposed tanks. Geopiers consist of columns of highly compactedcrushed rock which impart lateral stresses to the soil, thus reducingpost-construction settlement with the use of conventional concreteringwall/metal floor type foundations. Geopiers will be placed on a fairlyclose grid spacing with a surficial bridging layer possibly consisting ofcompacted stone or lime stabilized soil. The bottom of the Geopiers shouldextend into stiff clayey soils below a depth of 20 ft having a minimumunconfined compressive strength of 1.0 tsf. This strength value must be checkedby a representative of the Geotechnical Engineer during construction.Furthermore, we recommend that the tanks be hydrotested for at least two weeksand drained prior to production filling and pipe connecting. Total anddifferential tank settlement is estimated not to exceed 3 inches and 1 inch,respectively.

Mr. Aaron Gaul, P.E., Principal Engineer, is thecontact at the Geopier FoundationCompany. He can be contacted at (816) 421-4334. He can design and price theGeopier system for the project.

Geopiers could be installed prior to placing new graderaising fill or could be installed through new fill ultimately tipping in stiffclayey soils. It should be recognized that stone columns or alternative groundmodification systems also may be possible at this site.

**4.4      Piles**

*4.4.1   Pile Overview*

The technology provider desires a 100-ton allowablecompression capacity. For this load, a medium capacity, 18-inch diameter, 90 ftlong auger cast pile was selected since it will most likely be a cost effectivepile for this load range. Shorter piles tipping above the sand will have lowcapacity and will likely not be practical, especially for the heavily loadedsilo where the pile spacing will become crowded and possibly less than theminimum 3B (B=diameter) required.

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In addition, since auger cast piles must penetrateinto the water bearing sand to exploit the bearing capacity at the pile tip,there is the distinct possibility of a discontinuity occurring at the junctionof the clay/sand layer. In fact, past experience on another project withsimilar geology has indicated that this discontinuity can indeed jeopardize theintegrity of the pile shaft. Therefore, the owner will bear more than normalrisk if this pile type is selected. Consequently, careful inspection andthorough testing will be required during the installation phase. Unfortunately,the high slenderness ratio (SR) of 60 (SR=*D/B*where D=pile length) precludes the usefulness of economical low strain testingso pile inspection and testing costs will be substantial.

High capacity, steel H piles driven to bedrock shouldbe considered for silo support. Available steel yield strength has now reached50 kip/in2 leading to nearly 40 percent recent increasein pile capacity. A 300-ton design load will also lead to a two-thirds decreasein the number of piles. Pile driving records are maintained during installationso each pile is in fact a “self tested” pile, leading to greater certainty withrespect to its actual capacity. In addition, H piles are low displacementallowing quicker penetration than a displacement pile also reducing clay heavearound the pile. More specific details regarding design of auger cast and Hpiles are provided in *Sections 4.4.2*****and *4.4.3*below, respectively.

*4.4.2   Auger Cast*

The following design parameters are recommended:

·                            Designcompression capacity = 100 tons

·                            Designuplift capacity = 50 tons

·                            Designlateral capacity for wide (12 ft) spacing (center to center) = 10 tons

·                            Designlateral capacity for close (4.5 ft) spacing (center to center) = 4 tons

·                            Recommendedminimum spacing = 4.5 ft

·                            Pilediameter = 18 in. nominal

·                            Piletip elevation = 288 ft

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·                            28-daygrout strength = 4,000 psi

We recommend that piles have a full length No. 10reinforcement bar. When considering lateral loads, the variations of the shearforce, moment and deflection with depth are also shown in **Appendix A**. The pile should be adequatelyreinforced to resist these loads. The estimated pile settlement is on the orderof 1 to 11⁄2 inches and includes group effects since deep sandy soils below thepile tips will be impacted. Most of the settlement is expected to occur as theloads are applied. Refer to **Section 5.3**forpile installation recommendations.

***4.4.3   H Pile***

The following design parameters are recommended:

·                            Designcompression capacity = 300 tons (see Driven print out in **Appendix A**)

·                            Designuplift capacity = 200 tons

·                            Designlateral capacity for wide (9 ft) spacing (center to center) = 5 tons

·                            Designlateral capacity for close (3.5 ft) spacing (center to center) = 2.5 tons

·                            Recommendminimum pile spacing = 3.5 ft

·                            Hpile section = HP 114 x17

·                            Minimumsteel yield strength (fy) = 50kips/in.2

·                            Estimatedpile tip elevation = 240 ft

The design capacity will be obtained by driving thepiles through the overburden soils and then to a sufficient penetration andresistance into shale bedrock. Tip protection is recommended. The actual piletip depth is expected to vary across the site and will be determined by theWave Equation analysis. Refer to **Section 5.4**forpile installation recommendations.

The estimated pile settlement is 1 inch. A groupaction reduction factor is not required since the piles will bear on a verystrong formation. The majority of pile settlements should occur upon loadapplication.

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**4.5      Floor Slab**

The floor slab should be supported on a minimum 4-inchthick, granular base course layer, bearing on a lime stabilized subgrade (referto **Section 5.1**), or on structuralfill overlying the same. In our opinion, the relatively clean, free-draininggranular base beneath the floor slab should contain no more than five percentfines, by dry weight, passing a No. 200 U.S. Standard sieve. It is also ouropinion that the on-site soils within the anticipated excavation depths do notmeet this requirement. We also recommend that a plastic vapor barrier be placedunder the floor slab where moisture sensitive floor coverings will be used. Thefloor slab should be structurally independent of the building columns andwalls, and should be liberally jointed. A modulus of subgrade reaction (k30) of 200 pounds per cubic inch(pci) may be used for floor slab design (30- inch plate).

**4.6      Below Grade Walls**

***4.6.1   Lateral Pressure on Below Grade Walls***

Below grade walls must be designed to resist lateralearth pressures. The magnitude of lateral earth pressure depends on the type ofbackfill material, the method of backfill placement and compaction, thedrainage characteristics of the wall/backfill system and the degree to whichthe wall is permitted to yield after placement of the backfill. We assume thatbelow grade walls will be essentially non-yielding and that a relativelyfree-draining, (non-frost susceptible) granular soil will be placed as backfillagainst the walls. We recommend that the lateral earth pressure be calculatedby assuming that the soil behaves as an equivalent fluid with a unit weight of50 pounds per cubic foot (pcf). The method of pressure computation recommendedabove presumes that there will be no hydrostatic pressure due to water buildupagainst the wall. In addition, lateral pressures due to surface surcharge andtraffic loads adjacent to the walls (within a zone defined by a 45 degree slopefrom the base of the wall) must be considered. A revised equivalent fluidpressure, which includes the effects of these added loads, can be provided uponrequest.

***4.6.2   Groundwater Control***

One way to permanently control the groundwater forfunctional spaces extending below the groundwater table is to use perforatedpipes surrounded by a minimum of 6 inches of free- draining granular materialand an appropriate filter material (or fabric). These should be placed

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along the base of the foundation wall and under theslab at regular intervals. The pipe invert should be at least 12 inches belowthe base slab surface and should drain to a storm sewer or a sump pit fromwhich the water can be pumped. In general, this system is most effective infairly impervious soils at or above the ambient groundwater level. More thannormal pumping should be expected at this site where functional spaces extendbelow the ground surface due to the high water table.

An optional method to handle the groundwater, ifpermanent drainage is not provided, is to design the walls and base of thefunctional spaces extending below the groundwater table to resist hydrostaticpressures. Below the water table, we recommend that the lateral earth pressurebe calculated by assuming that the soil behaves as an equivalent fluid with aunit weight of 90 pcf. Design concepts to resist hydrostatic uplift include,but are not limited to, increasing the dead load of the foundation,constructing a “lip” on the foundation base and installing soil or rock anchorswith uplift capacity. Such foundations should be waterproofed, utilizingvolclay panels or equivalent, and water stops, to repel water inflows.

**4.7      Pavement**

Note: The technology provider has yet to providedesign ESAL’s, so no pavement sections are provided yet.

***4.7.1   General***

Our recommendations are based on the assumption thatthe paved areas will be constructed on a proof-rolled (or stabilized) subgrade(see **Section 5.1**), or onstructural fill overlying the same. Our recommendations for asphaltic concreteand Portland cement concrete pavement are presented in *Sections 4.7.2 and 4.7.3***,**respectively. These guidelines have beendeveloped from the results of our geotechnical exploration using an assumedmedium traffic loading (considerable in-out movement, trucks in designatedareas only) and an assumed California Bearing Ratio (CBR) value of four.

***4.7.2   Asphaltic Concrete Areas***

Serviceable pavements can be achieved by differentcombinations of materials and thicknesses, varied to provide roughly equivalentstrengths. Local practice for existing pavement construction could be reviewedfor other blends, or combinations of materials that have been

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found satisfactory, and for applicable minimumstandards. For pavements at this site, we provide the following guidelines.Please note that the thicknesses listed below refer to compacted thicknesses.

Light duty pavement areas subjected to only passenger car and lighttruck loadings:

1.                 inches of combination surface and binder course;

2.                 inches of dense-graded granular base course.

Heavy duty pavement areas subjected to heavy truckloadings, but not truck standing or turnaround areas:

1.                 inches of combination surface and binder course;

2.                 inches of dense-graded granular base course.

When considering the above heavy duty pavement crosssection and an assumed CBR value of           ,we estimated that an Equivalent Single Axle Load (ESAL) of approximately                     may be used for traffic intensity design for heavy duty pavement areas. If theactual ESAL is higher than this, then increasing the pavement thickness willlikely become necessary.

We recommend that the base course consist of adense-graded, crushed aggregate material, such as No. 53 stone. The gradationof this material is described in the Indiana Department of Transportation(INDOT) specifications. The base course should be compacted to no less than 98percent of its maximum standard Proctor density, or its equivalent relativedensity. Further, suitable primer and tack coats should be placed between thebase course and between the overlying asphalt layers. In addition, all asphaltmaterial and paving operations should meet applicable specifications of theAsphalt Institute and the INDOT specifications.

Structural fill should be compacted to a minimum of 98percent of the standard Proctor density (ASTM D-698) in the upper 2 ft and to aminimum of 95 percent of the same below this level. Structural fill in the top2 ft should also not be frost susceptible.

Where standing water develops either on the pavementsurface, or within the base course layer, softening of the subgrade anddeterioration of the pavements may occur. Therefore, it is recommended that allproject pavements be designed with suitable drainage systems (e.g.,underdrains). In addition, if clayey soils are to be used as grade raisingfill, we recommend that “finger” drains extend under the base course anddischarge into catch basins and/or manholes.

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The procedures we have used to develop our pavement guidelines areconsistent with generally accepted engineering practice and are intended toprovide a 20-year life span. However, based upon our past experience, we havefound that proper construction techniques, quality of drainage, pavementmaintenance and actual traffic loads are the major factors in determiningpavement life and performance. It is important that experienced technicalpersonnel observe construction activities to check that the pavement layers areconstructed as designed.

*4.7.3   PortlandCement Concrete Areas*

Our experience has indicated that high quality, unreinforced concreteplaced on a compacted, minimum 4-inch thick, free-draining base courseoverlying a stabilized subgrade (see **Section****5.1**) can provide long-termperformance as a rigid pavement system. Satisfactory performance and lowmaintenance is highly dependent on adequate subgrade drainage and closelyspaced joints. A joint pattern not exceeding 15 ft by 15 ft is recommended forunreinforced concrete.

Based on an assumed modulus of subgrade reaction of 200 pci, an assumed28-day concrete compressive strength of 4,000 psi and ESAL not exceeding                 ,a concrete pavement thickness of      inches is recommendedfor heavy duty pavement. If the actual ESAL is higher than that stated above,then increasing the concrete thickness will likely become necessary.

**4.8      SeismicDesign**

*4.8.1   SiteClassification*

A site classification is required for the calculationof minimum earthquake design forces. The site classification is a function ofsoil type (i.e., depth of soil and strata types) and depth to bedrock. Thefollow up borings indicate the bedrock is on the order of 130 ft below theexisting grade. Based on the average property descriptions in Table 1613.5.2 ofthe 2006 IBC along with the soil boring and geophysical results, in ouropinion, the soil conditions at this site most closely resemble the siteclassification D.

*4.8.2   Design Spectral Response Acceleration Parameters*

The mapped spectral response acceleration coefficientsobtained from the USGS zip code earthquake ground hazard website for zip code47620 are as follows:

0.2 second period: **S****s** = 0.91g

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1.0 second period: **S**s =0.25g

The site coefficients **F**a =1.14 and **F**v = 1.9 were interpolated from the IBC 2006Tables 1613.5.3(1) and 1613.5.3(2) as a function of the site classification andmapped spectral response acceleration coefficients.

The design spectral response acceleration parametersare as follows:

**S**DS = 0.69

**S**D1 = 0.32

Other earthquake resistant design parameters should beapplied consistent with the minimum requirements of the Indiana Building Code.

**4.9      FoundationDesign Parameters**

The following engineering parameters are recommended for foundationdesign:

·                            Saturatedunit weight = 122 lbs/ft3

·                            Buoyantunit weight = 60 lbs/ft3

·                            Coefficientof sliding friction of concrete against soil = 0.33

·                            Coefficientof active earth pressure (drained) = Ka = 0.33

·                            Coefficientof earth pressure at rest (drained) = Ko = 0.5

·                            Coefficientof passive earth pressure (drained) = Kp = 3.0

·                            Coefficientof active earth pressure (undrained) = Ka = 1.0

·                            Coefficientof earth pressure at rest (undrained) = Ko = 1.0

·                            Coefficientof passive earth pressure (undrained) = Kp = 1.0

·                            Cohesion(total stress) = c = 600 lbs/ft2

·                            Modulusof subgrade reaction for footing up to 10 ft wide = K10’ = 15 pci

·                            Modulusof subgrade reaction for footing or mat up to 20 ft wide = K20’ = 6 pci

The parameters indicated above are appropriate for thelow plasticity clayey soils encountered in the borings.

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**4.10    CorrosivityConcerns**

Twelve split-spoon samples were composited into threesamples representing the upper 10 ft of the soils and tested for corrosivityparameters. The results are shown below**.**
| Boring | ** ** | **Depth  (ft)** | ** ** | **Chloride   Solid ppm(6)** | ** ** | **Sulfate  Total  Soil  ppm(7)** | ** ** | **pH  Soil** | ** ** | **Resistivity  (ohms/cm)** | ** ** |
|--------|------------|-----------------|------------|---------------------------------------|------------|----------------------------------|------------|--------------|------------|----------------------------|------------|
| B-12   |       | 1-10            |       | <100                               |       | 57.2                             |       | 7.9          |       | 7600                       |       |
| B-21   |       | 1-10            |       | <100                               |       | 59.3                             |       | 8.2          |       | 8440                       |       |
| B-34   |       | 1-10            |       | <100                               |       | 57.2                             |       | 8.2          |       | 7600                       |       |

 

Considering a maximum sulfate concentration of 59.3ppm, the potential degree of sulfate attack is considered negligible7 and sulfate resistantconcrete is not required. The soil is not considered corrosive to ductile ironpipe.

**4.11   Geophysical Survey**

The results of our geophysical investigation ispresented in **Appendix B**(the soilresistivity and thermal conductivity data are shown in **Tables 1**and **2**, respectively). Based on the results of the shear wavetesting, the following low strain shear modulus (Go) can be assumed.
| Depth Below Existing  Ground Surface  (ft) | ** ** | **Shear Modulus   (kips/in.**2)        | ** ** |
|-----------------------------------------------------------|------------|--------------------------------------------------|------------|
| 0-37                                                      |       | Starting  at 2 and   increasing   linearly to 19 |       |
| 37-90                                                     |       | 19                                               |       |
| 90-121                                                    |       | 37                                               |       |
| 121+                                                      |       | 90                                               |       |

 

----

(6) Parts per million

(7) Canadian StandardsAssociation, CSA Standard CAN3-A23. 1-M77, “Concrete Materials and Methods ofConcrete Construction,” Rexdale, Ontario, 1977.

4-12

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**5.0      CONSTRUCTION CONSIDERATIONS**

**5.1      SitePreparation**

Structural areas, plus a minimum 5 ft margin beyondthe structure perimeter, should be initially prepared by stripping anyvegetation, the upper 6 to 12 inches of topsoil and all other unsuitablematerials (including unsuitable debris resulting from the demolition ofSouthwind Port Road). Thereafter, the lime-stabilization should be implemented.The recommended depth of improvement below foundations, floor slabs andpavements shall be 16 inches.

After the lime-stabilized soils have been allowed tocure for a minimum period of three (3) days, the surface should be proof-rolledto check that the stabilization process was successful. Proof-rolling consistsof repeated passes of a loaded, rubber-tired vehicle such as a tandem-axledump-truck or scraper. The proof-rolling operations should be observed by thesoils geo-technician representing the Geotechnical Engineer of Weaver Boos andthe proof-rolling vehicle should be loaded as directed by him. Any areas judgedby the engineer to rut, pump, or deflect excessively should be undercut andreplaced with structural fill (see **Section5.5**), or otherwise stabilized (e.g., using additional lime orflyash, geotextile/geogrid reinforcement or bridging stone layers). The abovesite preparation recommendations should be utilized for proposed pavement andrailroad track areas also.

Care should be exercised during the initial gradingand construction operations at the site. The combination of excess surfacemoisture from precipitation ponding on the site and the traffic of heavyequipment, including heavy compaction equipment, may create pumping and generaldeterioration of the bearing capacities of the shallower soils. Further, theclayey nature of some of the surficial soils combined with potential poor sitedrainage and high water table make this site particularly susceptible tosubgrade deterioration. Thus, grading should be performed during thedry-season, if at all possible. If such problems arise, the operations in the affectedareas should be halted pending an evaluation of the conditions by theGeotechnical Engineer.

**5.2      FoundationExcavations**

Geopiers should be installed where specified. Geopiersshall tip into the stiff clayey soils encountered below an approximate depth ofapproximately 20 ft and this must be checked by a representative of theGeotechnical Engineer. Prior to placing concrete, all foundation subgradesshould be tested with a Static Cone Penetrometer (SCP) to check that anadequate bearing

5-1

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capacity exists below the foundation bottom grade.Excavation walls should be sloped (see **Section5.8**), shielded or shored in accordance with current OSHArequirements. Any weak soils should be undercut to depths determined by therepresentative of the Geotechnical Engineer, and the cavity backfilled withgranular structural fill, or lean concrete, or the footing can bear at theexcavated depth. Where structural fill is installed to backfill foundationundercuts, it should be granular in nature. Further, its limits should extendlaterally beyond all edges of the footings at least 6 inches per foot ofundercut depth below the foundation bottom grade.

**5.3       AugerCast Pile**

Eighteen-inch diameter, auger cast-in-place pilesshall be installed with a continuous-flight, hollow-stem auger that is rotatedto the tip penetration depth. The formed hole shall be pumped withhigh-strength grout as the auger is withdrawn. Grout shall be pumped throughthe auger and ejected at the bottom of the auger head while keeping the bottomof the auger submerged in the mortar during the filling operation. A minimumgrout factor of 1.15 is recommended from the ground surface to 80 ft within theclayey soils and 1.3 below (within the sandy soils). The grout factor isobtained by dividing the quantity of grout place in the pile by the theoreticalneat volume of the pile. We also recommend a Pile Installation Recorder beutilized for all piles. Reinforcing steel including a full depth No. 10 rebarwith an appropriate centering device shall be placed while the mortar is stillfluid.

The quality of auger cast piling is very sensitive tothe field operations. We therefore recommend that a representative of theGeotechnical Engineer be present during the entire time that the pileinstallation operation proceeds. In addition, high strain dynamic pile testingof two piles per silo is recommended to verify pile capacity. We recommend thattwo full-scale field compression load tests be specified. The final loadsexerted on the piles during compression tests should reach twice the designload. We recommend that pile installation be in accordance by the “Guidelines,Augered Cast-In-Place (ACIP) Pile Specifications,”(8) prepared with the Deep FoundationInstitute and presented in **Appendix A**.

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(8) *Augered Cast-In-Place Pile Manual*,Prepared by the Augered Cast-In-Place Pile Committee of the Deep FoundationsInstitute, Hawthorne, NJ, Second Edition, 2003.

5-2

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**5.4      Driven Piles**

The pile driving hammer should have sufficient energyto drive the piles through the existing overburden soils and then to sufficientpenetration and resistance into the shale bedrock. Upon selection of theappropriate hammer size and model, we recommend that a Wave Equation analysisbe performed to confirm that the selected hammer, pile section, and soilparameters are matched to provide the specified design capacity. Piles willneed to be driven to an ultimate capacity of twice the design load. The WaveEquation analysis will establish the driving criteria, which will control thepile tip elevation in terms of penetration resistance**. Several test probe piles (at least one per silo) should be drivenaround the site to obtain an indication of variability of pile tip elevation.**

Several piles should be retapped at least one dayafter driving (and after all immediate adjacent piles are driven) to check forrelaxation and loss of the pile capacity. We recommend that at least onefull-scale field compression load test be specified (the actual number willdepend upon the driving conditions experienced at the site). After successfulcompletion of the load testing program, the required number of production pilesmay be ordered from the manufacturer.

We recommend that the Pile Driving Analyzer beutilized to monitor the installation of the test load piles and the test probepiles. The Pile Driving Analyzer will determine the condition of the drivingequipment and the efficiency of the drive train. This procedure will reduceproblems associated with faulty driving equipment and will reduce thepossibility of a pile load test failure. Considering the cost of pile loadtests, the use of the analyzer is strongly recommended.

We expect that piles will penetrate several feet intothe shale bedrock. Although not encountered in the borings, there may beboulders in the natural soil. Therefore, the construction documents for thisportion of the project should include provisions for removing or displacing(i.e., spudding) obstructions, or handling some local drift (e.g., drivingsister piles or redesigning pile caps).

The Geotechnical Engineer, or his authorizedrepresentative, should be present at all times during installation offoundation piling to observe that the piles are driven in accordance with thespecified driving criteria. Installation of piles should be conducted inaccordance with applicable codes and general accepted practice.

5-3

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**5.5      Structural Fill**

Structural fill, defined as any fill which willsupport structural loads, should be free of organic material, have a plasticityindex less than 25, a maximum particle size of 3 inches, and a maximum drydensity in excess of 100 pounds per cubic foot, as determined by the standardProctor compaction test (ASTM D-698). Granular structural fill should have afines content not exceeding 5 percent and be free draining and non-frostsusceptible. Structural fill should be compacted to at least 95 to 98 percentof its maximum standard Proctor dry density under floor slabs and foundations,respectively.

For the clayey soils (designated as CL), the moisturecontent should be within -2 to +3 percent of its optimum moisture content. Inaddition, structural fill in pavement/railroad areas and backfill adjacent towalls should not be frost susceptible. Topsoil containing less than six percentorganic material may be reused below roadways provided they are not placedwithin 2 ft of the roadway base course and some settlement of the roadwaysurface can be tolerated.

**5.6      Fill Placement Control**

To achieve the recommended compaction of structuralfill, we suggest that the fill be placed and compacted in layers not exceeding9 inches in loose thickness. To monitor compliance with the recommended densitystandards, we recommend that in-place density tests be performed at a frequencyof at least one test for every 2,500 to 5,000 sq ft of fill area for each liftof compacted fill in structural and paved areas, respectively.

**5.7      Groundwater Concerns**

At the time of our exploration, the water tableappeared to be near or above the expected maximum excavation depth at the site.While no serious dewatering problems are anticipated, some seepage intoexcavations may be experienced, depending on the seasonal conditions. It isanticipated that most seepage could be handled by conventional dewateringmethods such as pumping from sumps. However, where deep excavations extendbelow water bearing sands for below grade tunnels and pits or any deep undercutareas, a more extensive dewatering effort may become necessary.

5-4

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**5.8      Slope Stability**

Based on our analysis of in-situ soil conditions,excavation slopes should be cut no steeper than 1.0H:1.0V in order to maintaintemporary stability of the excavation sides. However, OSHA requirements must bemet and may be more restrictive. Our slope value assumes that the dewateringoperation has lowered the water table to below the toe of the excavation slope.In addition, we recommend that any surcharge fill or heavy equipment be kept atleast 5 ft away from the edge of the excavation. If a 1.0H:1.0V slope valuecannot be achieved due to site restrictions at the ground surface, then theexcavation sides should be shielded or shored as required.

Permanent slopes should be no steeper than 3.0H:1.0V.A minimum building setback from the top of all slopes of 10 ft is recommended.In pavement areas, a minimum top of slope setback of 5 ft is acceptable. Forerosion protection, a protective cover of grass or other vegetation should beestablished on permanent soil slopes as soon as possible.

If fill is to be compacted on slopes steeper than8.0H:1.0V (horizontal to vertical), special care must be taken to “tie-in” thecompacted fill with the slope. All new fill must be placed and compacted inhorizontal lifts and benched into the slope so that a continuous surface is notleft between the new fill and the natural soil. The benching can be done with adozer blade.

5-5

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**6.0****      REFERENCES**

1.         *Augered Cast-In-Place Pile Manual*, (2003),Prepared by the Augered Cast-In-Place Pile Committee of the Deep FoundationsInstitute, Hawthorne, NJ, Second Edition.

2.         Bullard,Jim, P.E., (April 25, 2007), fax addressing “Settlement Calculations, GeopierSoil Reinforcement, Proposed Ethanol Plant, Mt. Vernon, Indiana.”

3.         Bullard,Jim, P.E., (May 2, 2007), e-mail addressing settlement for geopier supportedstructures.

4.         CanadianStandards Association, (1977), CSA Standard CAN3-A23. 1-M77, “ConcreteMaterials and Methods of Concrete Construction,” Rexdale, Ontario.

5.         Deere,D.U., (1963), *“Technical Description of RockCores for Engineering Purposes,”*Felsmechanik and Ingenieurgeologie,1, 1, 16-22.

6.         Gaul,Aaron J., P.E., (May 8, 2007), e-mail confirming that 92% consolidation of theupper zone will take less than two (2) weeks.

7.         Gray,H.H., W.J. Wayne, and C.E. Wier, (1970), Geologic Map of the 1o x 2o Vincennes Quadrangle. Indiana Geological Survey, Bloomington,Indiana.

8.         Hannigan,Patrick, (May 10, 2005), GRL Engineers, Inc., Personal Communication regardingdynamic load testing of auger cast piles.

9.         Lambe,T.W. and Whitman, R.V., (1969), *“SoilMechanics,”*John Wiley & Sons, New York, p. 410.

10.       Reese,Lymon C., Wang, Shin T., Isenhower, William M., Arréllaga, José A., Hendrix,Joe, (July 2004), *“A Program for theAnalysis of Piles and Drilled Shafts Under Lateral Loads”,*ComputerProgram LPile Plus Version 5.0 User’s Guide, ENSOFT, INC. 3003 West HowardLane, Austin, TX 78728.

11.       Robinson,T.M., (1977), Ground-Water Resources of Posey County, Indiana. Bulletin No. 39of the Division of Water, Indiana Department of Natural Resources.

6-1

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12.       Schmidt,Gary, (April 6, 2007), Engineer for Posey County, Personal Communicationregarding frost depth criteria for foundations and exposed utilities.

13.       Mathias,D.M. and Cribbs, M., User’s Manual, (May 1998), *“A Microsoft Windows Based Program for Determining Ultimate VerticalStatic Pile Capacity”*, DRIVEN 1.0, Publication No. FHWA-SA-98-074.

14.       WeaverBoos Consultants, (July 18, 2006), *“Proposalfor Limited Geotechnical and Environmental Services, Proposed Mount Vernon DryMill Ethanol Plant, Mount Vernon, Illinois”*, Proposal No. P61914.

15.       WeaverBoos Consultants, (September 25, 2006), *“PhaseI Environmental Site Assessment, 2751 Bluff Road, Mount Vernon, Indiana”*,Project No. 1649351-19-03.

16.       WeaverBoos Consultants, (September 27, 2006), *“LimitedGeotechnical and Hydrogeological Explorations Proposed Mount Vernon Dry MillEthanol Plant, Mount Vernon, Indiana”*, Project No. 1649351-19.

17.       WeaverBoos Consultants, (January 30, 2007), *“ProposalFor Final Geotechnical Exploration, Proposed Mount Vernon Dry Mill EthanolPlant, Mount Vernon, Illinois”*, Project No. P61914.

18.       WeaverBoos Consultants, (April 12, 2007), *“Expanded PreliminaryHydrogeologic Site Assessment, Proposed Dry Mill Ethanol Facility, MountVernon, Indiana”*, Project No. 1649351-19-04.

6-2

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****

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****

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****

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***DRAFT***

**TABLE 1Preliminary Foundation ParametersProposed 216 MGPY Ethanol PlantMt. Vernon, IN**
| **Stucture**                          | ** ** | **Estimated   Loading** | ** ** | **Approximate   Tank Diameter   (in)** | ** ** | **Maximum   Allowable   Settlement   (in)** | ** ** | **Maximum   Differential   Settlement (in)   (1)** | ** ** | **Foundation  Type** | ** ** | **Comments**                           | ** ** |
|---------------------------------------|------------|------------------------------|------------|-------------------------------------------------------|------------|------------------------------------------------------------|------------|------------------------------------------------------------------------|------------|----------------------|------------|----------------------------------------|------------|
| **Tanks**                             | ** ** | ** **                   | ** ** | ** **                                            | ** ** | ** **                                                 | ** ** | ** **                                                             | ** ** | ** **           | ** ** | ** **                             | ** ** |
| Fermentation   Tanks                  |       | 4000  psf                    |       | 657                                                   |       | 3                                                          |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Beer Well Tank                        |       | 4000  psf                    |       | 744                                                   |       | 3                                                          |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Yeast Prop. Tank                      |       | 4000  psf                    |       | 381                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Cooling Tower   Basin                 |       |                         |       |                                                  |       | 1                                                          |       | 0.5                                                                    |       |                 |       |                                   |       |
| Shallow End                           |       | 500  psf                     |       |                                                  |       | 1                                                          |       | 0.5                                                                    |       | Mat                  |       |                                   |       |
| Pump Pit                              |       | 2500  psf                    |       |                                                  |       | 1                                                          |       | 0.5                                                                    |       | Mat                  |       |                                   |       |
| Chemical Feed   Area- Outside         |       |                         |       |                                                  |       | 1                                                          |       | 0.5                                                                    |       |                 |       | Common  Mat   Fdn. (25’x40’) |       |
| Ammonia Tank                          |       | 2000  psf                    |       | 225                                                   |       |                                                       |       |                                                                   |       | Mat                  |       |                                   |       |
| Sulfuric Acid   Tank                  |       | Same                         |       | 114                                                   |       |                                                       |       |                                                                   |       | Same                 |       |                                   |       |
| Caustic Tank                          |       | Same                         |       | 114                                                   |       |                                                       |       |                                                                   |       | Same                 |       |                                   |       |
| Slurry Mix Tank                       |       | 1500  psf                    |       | 168                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Process   Condensate Tank             |       | 4000  psf                    |       | 534                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Dilute Caustic   Tank                 |       | 3000  psf                    |       | 222                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Liquefaction   Tanks                  |       | 3000  psf                    |       | 354                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Product Storage   Tanks               |       | 4000  psf                    |       | 858                                                   |       | 3                                                          |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Ethanol Shift   Tanks                 |       | 3500  psf                    |       | 327                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Denaturant Tank                       |       | 3000  psf                    |       | 282                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Liquefaction   Tanks                  |       | 3000  psf                    |       | 354                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       |                                   |       |
| Grain Storage   Silos                 |       | 8000  psf                    |       | 900                                                   |       | 2.5                                                        |       | 1                                                                      |       | Individual  Ftg      |       | Per  silo                              |       |
| Grains Receiving   and DDGS   Loadout |       |                         |       |                                                  |       | 1                                                          |       | 0.5                                                                    |       |                 |       |                                   |       |

 

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| **Stucture**                             | ** ** | **Estimated   Loading** | ** ** | **Approximate   Tank Diameter   (in)** | ** ** | **Maximum  Allowable   Settlement   (in)** | ** ** | **Maximum  Differential  Settlement (in)   (1)** | ** ** | **Foundation  Type**               | ** ** | **Comments**                       | ** ** |
|------------------------------------------|------------|------------------------------|------------|-------------------------------------------------------|------------|------------------------------------------------------|------------|------------------------------------------------------------|------------|------------------------------------|------------|------------------------------------|------------|
| **Tanks**                                |       |                         |       |                                                  |       |                                                 |       |                                                       |       |                               |       | Total Wt of 4 cars                 |       |
| 4 Rail cars                              |       | 1000  kips                   |       |                                                  |       |                                                 |       |                                                       |       | Mat                                |       |                               |       |
| 4 Trucks                                 |       | 320  kips                    |       |                                                  |       |                                                 |       |                                                       |       | Mat                                |       | Total  Wt of 4   trucks            |       |
| Corn Grinding                            |       | 3000  psf                    |       |                                                  |       | 2                                                    |       | 0.5                                                        |       | Mat                                |       | Per  Fdn.                          |       |
| Day Bins                                 |       | 700  kips                    |       |                                                  |       |                                                 |       |                                                       |       | Mat                                |       | 10,000  bushel                     |       |
| Piperack Foundations                     |       |                         |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Individual  spread   footings      |       |                               |       |
| Dryer Structure                          |       | 950  kips                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Mat                                |       | 4600  sq. ft fdn.   for each dryer |       |
| Regen. Thermal   Oxidizer                |       |                         |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Individual  Ftg                    |       | No  Wts available                  |       |
| CO2 Scrubber                             |       | 3000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Individual  Ftg                    |       |                               |       |
| Vent Gas   Scrubber                      |       | 4000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Individual  Ftg                    |       |                               |       |
| Fire Water   Storage Tank                |       | 3000  psf                    |       |                                                  |       | 2.5                                                  |       | 1                                                          |       | Individual  Ftg                    |       |                               |       |
| **Buildings**                            | ** ** | ** **                   | ** ** | ** **                                            | ** ** | ** **                                           | ** ** | ** **                                                 | ** ** | ** **                         | ** ** | ** **                         | ** ** |
| Pre-Engineered                           |       |                         |       |                                                  |       | 1                                                    |       | 0.5                                                        |       |                               |       |                               |       |
| Administration Building                  |       | 500  psf                     |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| DDGS   Storage Building                  |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| Truck DDGS   Loadout Building            |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| DDGS Rail   Loadout Bldg.                |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| Electrical   MCC Building @   Grain Hdlg |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| Main Process   Building                  |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| MPB Office   Building                    |       | 2000  psf                    |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab  on grade w/   frost footings |       |                               |       |
| Electrical   Building @ MPB              |       | 2000 psf                     |       |                                                  |       | 1                                                    |       | 0.5                                                        |       | Slab on grade w/   frost footings  |       |                               |       |

 

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| **Stucture**               | ** ** | **Estimated   Loading** | ** ** | **Approximate   Tank Diameter  (in)** | ** ** | **Maximum   Allowable   Settlement   (in)** | ** ** | **Maximum   Differential   Settlement (in)   (1)** | ** ** | **Foundation  Type**                | ** ** | **Comments** | ** ** |
|----------------------------|------------|------------------------------|------------|-------------------------------------------------|------------|------------------------------------------------------------|------------|------------------------------------------------------------------------|------------|-------------------------------------|------------|--------------|------------|
| **Tanks**                  | ** ** | ** **                   | ** ** | ** **                                      | ** ** | ** **                                                 | ** ** | ** **                                                             | ** ** | ** **                          | ** ** | ** **   | ** ** |
| Boiler   Building          |       | 2000  psf                    |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Slab  on grade w/   frost footings  |       |         |       |
| Boiler Unit   (x8 boilers) |       | 200  kips                    |       |                                            |       |                                                       |       |                                                                   |       |                                |       |         |       |
| Maintenance   Building     |       | 2000  psf                    |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Slab  on grade w/   frost footings  |       |         |       |
| DD Building   Conventional |       |                         |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Spread  Footings   w/ slab on grade |       |         |       |
| Evaporator   Building      |       |                         |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Spread  Footings   w/ slab on grade |       |         |       |
| Centrifuge   Building      |       | 100  kips                    |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Spread  Footings   w/ slab on grade |       |         |       |
| Fermentation   Building    |       |                         |       |                                            |       | 1                                                          |       | 0.5                                                                    |       | Spread Footings   w/ slab on grade  |       |         |       |

 

----

Notes:

1.                          Settlementbetween adjacent foundations for the same structure, or from side to side of asingle foundation.

Source: Bib & Associates

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**DRIVEN 1.2**GENERALPROJECT INFORMATION 
| Filename:  K:\E1M54X-Y\LXJ9MT-S\BACKUPS\1DYGKL-L\PL6FPL-Q\DRIVEN MTV-HP14.DVN |
|-------------------------------------------------------------------------------|
| Project Name:  Dry Mill Ethanol Plant                                         | Project Date:  04/23/2007 |
| Project Client:  Aventine RF                                                  |   |
| Computed By: Ikl                                                              |   |
| Project Manager:  C. Bosy, P.E.                                               |   |

 

**PILE INFORMATION**

Pile Type: H Pile**-** HP14X117Top of Pile: 0.00 ftPerimeter Analysis: BoxTip Analysis: Box Area

**ULTIMATE CONSIDERATIONS**
| Water Table  Depth At Time Of: |   | - Drilling:        |   | 0.00 ft |
|--------------------------------|--------|--------------------|--------|---------|
|                           |   | - Driving/Restrike |   | 0.00 ft |
|                           |   | - Ultimate:        |   | 0.00 ft |
| Ultimate  Considerations:      |   | - Local Scour:     |   | 0.00 ft |
|                           |   | - Long Term Scour: |   | 0.00 ft |
|                           |   | - Soft Soil:       |   | 0.00 ft |

 

**ULTIMATE PROFILE**
| **Layer** | ** ** | **Type**     | ** ** | **Thickness** | ** ** | **Driving Loss** | ** ** | **Unit Weight** | ** ** | **Strength** | ** ** | **Ultimate Curve** | ** ** |
|-----------|------------|--------------|------------|---------------|------------|-----------------------|------------|----------------------|------------|--------------|------------|-------------------------|------------|
| 1         |       | Cohesive     |       | 32.00 ft      |       | 0.00                  | %          | 122.00 pcf           |       | 1400.00 psf  |       | T-79  Steel             |       |
| 2         |       | Cohesive     |       | 35.00 ft      |       | 0.00                  | %          | 122.00 pcf           |       | 1000.00 psf  |       | T-79  Steel             |       |
| 3         |       | Cohesive     |       | 12.00 ft      |       | 0.00                  | %          | 122.00 pcf           |       | 375.00 psf   |       | T-79  Steel             |       |
| 4         |       | Cohesionless |       | 28.00 ft      |       | 0.00                  | %          | 130.00 pcf           |       | 29.4/29.4    |       | Nordlund                |       |
| 5         |       | Cohesionless |       | 26.50 ft      |       | 0.00                  | %          | 130.00 pcf           |       | 34.3/34.3    |       | Nordlund                |       |
| 6         |       | Cohesive     |       | 11.50 ft      |       | 0.00                  | %          | 140.00 pcf           |       | 7000.00 psf  |       | T-80 Sand               |       |

 

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**ULTIMATE - SKIN FRICTION**
| ** ** | ** ** | ** **         | ** ** | **Effective Stress** | ** ** | **Sliding**             | ** ** | ** **   | ** ** | **Skin**     | ** ** |
|------------|------------|--------------------|------------|---------------------------|------------|-------------------------|------------|--------------|------------|--------------|------------|
| **Depth**  | ** ** | **Soil Type** | ** ** | **At Midpoint**      | ** ** | **Friction Angle** | ** ** | **Adhesion** | ** ** | **Friction** | ** ** |
|       |       |               |       |                      |       |                    |       |         |       |         |       |
| 0.01ft     |       | Cohesive           |       | N/A                       |       | N/A                     |       | 1008.00 psf  |       | 0.05 Kips    |       |
| 9.01 ft    |       | Cohesive           |       | N/A                       |       | N/A                     |       | 1008.00 psf  |       | 44.04 Kips   |       |
| 18.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 1040.84 psf  |       | 90.90 Kips   |       |
| 27.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 1093.56 psf  |       | 143.23 Kips  |       |
| 31.99 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 1122.74 psf  |       | 174.16 Kips  |       |
| 32.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 879.03 psf   |       | 174.27 Kips  |       |
| 41.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 915.31 psf   |       | 214.22 Kips  |       |
| 50.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 950.00 psf   |       | 257.20 Kips  |       |
| 59.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 950.00 psf   |       | 298.66 Kips  |       |
| 66.99 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 950.00 psf   |       | 335.42 Kips  |       |
| 67.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 375.00 psf   |       | 335.48 Kips  |       |
| 76.01 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 375.00 psf   |       | 351.85 Kips  |       |
| 78.99 ft   |       | Cohesive           |       | N/A                       |       | N/A                     |       | 375.00 psf   |       | 357.27 Kips  |       |
| 79.01 ft   |       | Cohesionless       |       | 4708.74 psf               |       | 25.03                   |       | N/A          |       | 357.37 Kips  |       |
| 88.01 ft   |       | Cohesionless       |       | 5012.94 psf               |       | 25.03                   |       | N/A          |       | 440.56 Kips  |       |
| 97.01 ft   |       | Cohesionless       |       | 5317.14 psf               |       | 25.03                   |       | N/A          |       | 533.84 Kips  |       |
| 106.01 ft  |       | Cohesionless       |       | 5621.34 psf               |       | 25.03                   |       | N/A          |       | 637.22 Kips  |       |
| 106.99 ft  |       | Cohesionless       |       | 5654.46 psf               |       | 25.03                   |       | N/A          |       | 649.09 Kips  |       |
| 107.01 ft  |       | Cohesionless       |       | 6601.54 psf               |       | 29.18                   |       | N/A          |       | 649.40 Kips  |       |
| 116.01 ft  |       | Cohesionless       |       | 6905.74 psf               |       | 29.18                   |       | N/A          |       | 831.49 Kips  |       |
| 125.01 ft  |       | Cohesionless       |       | 7209.94 psf               |       | 29.18                   |       | N/A          |       | 1029.63 Kips |       |
| 133.49 ft  |       | Cohesionless       |       | 7496.56 psf               |       | 29.18                   |       | N/A          |       | 1230.99 Kips |       |
| 133.51 ft  |       | Cohesive           |       | N/A                       |       | N/A                     |       | 7000.00 psf  |       | 1231.58 Kips |       |
| 142.51 ft  |       | Cohesive           |       | N/A                       |       | N/A                     |       | 7000.00 psf  |       | 1537.07 Kips |       |
| 144.99 ft  |       | Cohesive           |       | N/A                       |       | N/A                     |       | 7000.00 psf  |       | 1621.26 Kips |       |

 

----

**ULTIMATE - END BEARING**
| **Depth** | ** ** | **Soil Type** | ** ** | **Effective Stress  At Tip** | ** ** | **Bearing Cap.  Factor** | ** ** | **Limiting End  Bearing** | ** ** | **End  Bearing** | ** ** |
|-----------|------------|--------------------|------------|----------------------------------------|------------|-------------------------------|------------|--------------------------------|------------|------------------|------------|
|      |       |               |       |                                   |       |                          |       |                           |       |             |       |
| 0.01 ft   |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 18.51 Kips       |       |
| 9.01 ft   |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 18.51 Kips       |       |
| 18.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 18.51 Kips       |       |
| 27.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 18.51 Kips       |       |
| 31.99 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 18.51 Kips       |       |
| 32.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 13.22 Kips       |       |
| 41.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 13.22 Kips       |       |
| 50.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 13.22 Kips       |       |
| 59.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 13.22 Kips       |       |
| 66.99 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 13.22 Kips       |       |
| 67.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 4.96 Kips        |       |
| 76.01 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 4.96 Kips        |       |
| 78.99 ft  |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 4.96 Kips        |       |
| 79.01 ft  |       | Cohesionless       |       | 4709.08 psf                            |       | 27.94                         |       | 19.57 Kips                     |       | 19.57 Kips       |       |
| 88.01 ft  |       | Cohesionless       |       | 5317.48 psf                            |       | 27.94                         |       | 19.57 Kips                     |       | 19.57 Kips       |       |
| 97.01 ft  |       | Cohesionless       |       | 5925.88 psf                            |       | 27.94                         |       | 19.57 Kips                     |       | 19.57 Kips       |       |
| 106.01 ft |       | Cohesionless       |       | 6534.28 psf                            |       | 27.94                         |       | 19.57 Kips                     |       | 19.57 Kips       |       |
| 106.99 ft |       | Cohesionless       |       | 6600.52 psf                            |       | 27.94                         |       | 19.57 Kips                     |       | 19.57 Kips       |       |
| 107.01 ft |       | Cohesionless       |       | 6601.88 psf                            |       | 58.18                         |       | 123.36 Kips                    |       | 123.36 Kips      |       |
| 116.01 ft |       | Cohesionless       |       | 7210.28 psf                            |       | 58.18                         |       | 123.36 Kips                    |       | 123.36 Kips      |       |
| 125.01 ft |       | Cohesionless       |       | 7818.68 psf                            |       | 58.18                         |       | 123.36 Kips                    |       | 123.36 Kips      |       |
| 133.49 ft |       | Cohesionless       |       | 8391.92 psf                            |       | 58.18                         |       | 123.36 Kips                    |       | 123.36 Kips      |       |
| 133.51 ft |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 92.54 Kips       |       |
| 142.51 ft |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 92.54 Kips       |       |
| 144.99 ft |       | Cohesive           |       | N/A                                    |       | N/A                           |       | N/A                            |       | 92.54 Kips       |       |

 

----

**ULTIMATE - SUMMARY OFCAPACITIES**
| **Depth** | ** ** | **Skin Friction** | ** ** | **End Bearing** | ** ** | **Total Capacity** | ** ** |
|-----------|------------|------------------------|------------|----------------------|------------|-------------------------|------------|
|      |       |                   |       |                 |       |                    |       |
| 0.01 ft   |       | 0.05 Kips              |       | 18.51 Kips           |       | 18.56 Kips              |       |
| 9.01 ft   |       | 44.04 Kips             |       | 18.51 Kips           |       | 62.55 Kips              |       |
| 18.01 ft  |       | 90.90 Kips             |       | 18.51 Kips           |       | 109.41 Kips             |       |
| 27.01 ft  |       | 143.23 Kips            |       | 18.51 Kips           |       | 161.74 Kips             |       |
| 31.99 ft  |       | 174.16 Kips            |       | 18.51 Kips           |       | 192.67 Kips             |       |
| 32.01 ft  |       | 174.27 Kips            |       | 13.22 Kips           |       | 187.49 Kips             |       |
| 41.01 ft  |       | 214.22 Kips            |       | 13.22 Kips           |       | 227.44 Kips             |       |
| 50.01 ft  |       | 257.20 Kips            |       | 13.22 Kips           |       | 270.42 Kips             |       |
| 59.01 ft  |       | 298.66 Kips            |       | 13.22 Kips           |       | 311.88 Kips             |       |
| 66.99 ft  |       | 335.42 Kips            |       | 13.22 Kips           |       | 348.64 Kips             |       |
| 67.01 ft  |       | 335.48 Kips            |       | 4.96 Kips            |       | 340.44 Kips             |       |
| 76.01 ft  |       | 351.85 Kips            |       | 4.96 Kips            |       | 356.80 Kips             |       |
| 78.99 ft  |       | 357.27 Kips            |       | 4.96 Kips            |       | 362.22 Kips             |       |
| 79.01 ft  |       | 357.37 Kips            |       | 19.57 Kips           |       | 376.94 Kips             |       |
| 88.01 ft  |       | 440.56 Kips            |       | 19.57 Kips           |       | 460.12 Kips             |       |
| 97.01 ft  |       | 533.84 Kips            |       | 19.57 Kips           |       | 553.41 Kips             |       |
| 106.01 ft |       | 637.22 Kips            |       | 19.57 Kips           |       | 656.79 Kips             |       |
| 106.99 ft |       | 649.09 Kips            |       | 19.57 Kips           |       | 668.65 Kips             |       |
| 107.01 ft |       | 649.40 Kips            |       | 123.36 Kips          |       | 772.76 Kips             |       |
| 116.01 ft |       | 831.49 Kips            |       | 123.36 Kips          |       | 954.85 Kips             |       |
| 125.01 ft |       | 1029.63 Kips           |       | 123.36 Kips          |       | 1152.99 Kips            |       |
| 133.49 ft |       | 1230.99 Kips           |       | 123.36 Kips          |       | 1354.35 Kips            |       |
| 133.51 ft |       | 1231.58 Kips           |       | 92.54 Kips           |       | 1324.12 Kips            |       |
| 142.51 ft |       | 1537.07 Kips           |       | 92.54 Kips           |       | 1629.61 Kips            |       |
| 144.99 ft |       | 1621.26 Kips           |       | 92.54 Kips           |       | 1713.80 Kips            |       |

 

----

----

LPILE Plus for Windows,Version 5.0 (5.0.30)

Analysis of IndividualPiles and Drilled shaftssubjected to Lateral Loading using the p-y Method

(c) 1985-2007 by Ensoft,Inc.All Rights Reserved

This program is licensed to:

Chris BosyWeaver Boos Consultants, Inc.
| Path to file locations:   | K:\Employee Folders\L.K. Laffin\L-pile\ |
|---------------------------|-----------------------------------------|
| Name of input data file:  | Mt vernon-HP14.lpd                      |
| Name of output file:      | Mt Vernon-HP14.lpo                      |
| Name of plot output file: | Mt Vernon-HP14.lpp                      |
| Name of runtime file:     | Mt Vernon-HP14.lpr                      |

 
|                   | Time and Date of  Analysis |
|-------------------|----------------------------|
|              |
| Date: May 9, 2007 |                       | Time: 11:11:25 |
|                   |                            |  |  |

 

Problem Title

Dry Mill Ethanol Plant

Program options

Units Used in Computations - US Customary Units: Inches, Pounds

Basic Program options:

Analysis Type 1:

·          Computation of Lateral pile Responseusing User-specified Constant EI

Computation Options:

·          Only internally-generated p-y curvesused in analysis

·          Analysis does not use p-y multipliers(individual pile or shaft action only)

·          Analysis assumes no shear resistanceat pile tip

·          Analysis includes automaticcomputation of pile-top deflection vs. pile embedment length

·          Analysis includes computation offoundation stiffness matrix elements

·          Output pile response for full lengthof pile

·          Analysis assumes no soil movementsacting on pile

**·**         NO additionalp-y curves to be computed at user-specified depths

Solution Control Parameters:
| ·          Number of pile increments | = | 100 |
|----------------------------------------------------------------------------------------|---|-----|

 

1

----

 
| ·          Maximum number of iterations allowed | = | 100          |   |
|---------------------------------------------------------------------------------------------------|---|------------------------|--------|
| ·          Deflection tolerance for convergence | = | 1.0000E-05   | in     |
| ·          Maximum allowable deflection         | = | 1.0000E+02   | in     |

 

Printing Options:

·                             valuesof pile-head deflection, bending moment, shear force, andsoil reaction are printed for full length of pile.

·                             PrintingIncrement (spacing of output points) = 1

Pile Structuralproperties and Geometry
| Pile Length                                | = | 1728.00   | in   |
|--------------------------------------------|---|---------------------|------|
| Depth of ground  surface below top of pile | = | .00       | in   |
| Slope angle of  ground surface             | = | .00       | deg. |

 

Structural properties of pile defined using 2 points
| **Point** | ** ** | **Depth  X  in** | ** ** | **Pile  Diameter  in** | ** ** | **Moment of  Inertia  in**4** | ** ** | **Pile  Area  Sq.in** | ** ** | **Modulus of  Elasticity  lbs/Sq.in** | ** ** |
|-----------|------------|------------------|------------|------------------------|------------|------------------------------------|------------|-----------------------|------------|--------------------------------------------|------------|
| 1         |       | 0.0000           |       | 6.62000000             |       | 443.0000                           |       | 34.4000               |       | 29000000.                                  |       |
| 2         |       | 1728.0000        |       | 6.62000000             |       | 443.0000                           |       | 34.4000               |       | 29000000.                                  |       |

 

Soil and Rock LayeringInformation

The soil profile is modelled using 7 layers
| Layer 1 is soft  clay, p-y criteria by Matlock, 1970 |   |                |   |
|------------------------------------------------------|--------|---------------------|--------|
| Distance from  top of pile to top of layer           | =      | .000      | in     |
| Distance from  top of pile to bottom of layer        | =      | 132.000   | in     |

 
| Layer 2 is soft  clay, p-y criteria by Matlock,  1970 |   |                |   |
|-------------------------------------------------------|--------|---------------------|--------|
| Distance from  top of pile to top of layer            | =      | 132.000   | in     |
| Distance from  top of pile to bottom of layer         | =      | 240.000   | in     |

 
| Layer 3 is stiff  clay with water-induced erosion |   |                |      |
|---------------------------------------------------|--------|---------------------|-----------|
| Distance from  top of pile to top of layer        | =      | 240.000   | in        |
| Distance from  top of pile to bottom of layer     | =      | 324.000   | in        |
| p-y subgrade  modulus k for  top of soil layer    | =      | .000      | lbs/in**3 |
| p-y subgrade  modulus k for  bottom of layer      | =      | .000      | lbs/in**3 |

 

NOTE: Internal default values for p-y subgrade moduluswill be computed for the above soil layer.
| Layer 4 is stiff  clay with water-induced erosion |   |                |      |
|---------------------------------------------------|--------|---------------------|-----------|
| Distance from  top of pile to top of layer        | =      | 324.000   | in        |
| Distance from  top of pile to bottom of layer     | =      | 708.000   | in        |
| p-y subgrade  modulus k for  top of soil layer    | =      | .000      | lbs/in**3 |
| p-y subgrade  modulus k for  bottom of layer      | =      | .000      | lbs/in**3 |

 

NOTE: Internal default values for p-y subgrad modulus will be computedfor the above soil layer.
| Layer 5 is stiff  clay with water-induced erosion |   |                |   |
|---------------------------------------------------|--------|---------------------|--------|
| Distance from  top of pile to top of layer        | =      | 708.000   | in     |
| Distance from  top of pile to bottom of layer     | =      | 960.000   | in     |

 

2

----

 
| p-y subgrade  modulus k for  top of soil layer | = | .000   | lbs/in**3 |
|------------------------------------------------|---|------------------|-----------|
| p-y subgrade  modulus k for  bottom of layer   | = | .000   | lbs/in**3 |

 

NOTE: Internal default values for p-y subgrade modulus will be computedfor the above soil layer.
| Layer 6 is sand,  p-y criteria by Reese et al., 1974 |   |                 |      |
|------------------------------------------------------|--------|----------------------|-----------|
| Distance from  top of pile to top of layer           | =      | 960.000    | in        |
| Distance from  top of pile to bottom of layer        | =      | 1608.000   | in        |
| p-y subgrade  modulus k for  top of soil layer       | =      | 60.000     | lbs/in**3 |
| p-y subgrade  modulus k for  bottom of layer         | =      | 60.000     | lbs/in**3 |

 
| Layer 7 is weak  rock, p-y criteria by Reese, 1997 |   |                   |      |
|----------------------------------------------------|--------|------------------------|-----------|
| Distance from  top of pile to top of layer         | =      | 1608.000     | in        |
| Distance from  top of pile to bottom of layer      | =      | 1728.000     | in        |
| Initial modulus  of rock at top of layer           | =      | 1.0000E+05   | lbs/in**2 |
| Initial modulus  of rock at bottom of layer        | =      | 1.0000E+05   | lbs/in**2 |

 

(Depth of lowest layer extends          .00 in below piletip)

**Effective Unit Weight of Soil vs. Depth**

Distribution of effective unit weight of soil with depth is definedusing 14 points
| Point  No. | ** ** | **Depth X  in** | ** ** | **Eff. Unit Weight  lbs/in**3** | ** ** |
|------------|------------|----------------------|------------|-------------------------------------------|------------|
| 1          |       |                 | .00        |                                      | .07100     |   |
| 2          |       |                 | 132.00     |                                      | .07100     |   |
| 3          |       |                 | 132.00     |                                      | .07100     |   |
| 4          |       |                 | 240.00     |                                      | .07100     |   |
| 5          |       |                 | 240.00     |                                      | .07100     |   |
| 6          |       |                 | 324.00     |                                      | .07100     |   |
| 7          |       |                 | 324.00     |                                      | .07100     |   |
| 8          |       |                 | 708.00     |                                      | .07100     |   |
| 9          |       |                 | 708.00     |                                      | .07100     |   |
| 10         |       |                 | 960.00     |                                      | .07100     |   |
| 11         |       |                 | 960.00     |                                      | .07500     |   |
| 12         |       |                 | 1608.00    |                                      | .07500     |   |
| 13         |       |                 | 1608.00    |                                      | .08100     |   |
| 14         |       |                 | 1728.00    |                                      | .08100     |   |

**Shear strength of Soils**

Distribution of shear strength parameters with depth defined using 14points
| **Point  No.** | ** ** | **Depth X  in** | ** ** | **Cohesion c  lbs/in**2** | ** ** | **Angle of Friction  Deg.** | ** ** | **E50 or  k_rm** | ** ** | **RQD %** | ** ** |
|----------------|------------|----------------------|------------|--------------------------------|------------|---------------------------------------|------------|-----------------------|------------|-----------|------------|
| 1              |       |                 | .000       |                           | 4.17000    |                                  | .00        |                  | —     |      | —     |   |
| 2              |       |                 | 132.000    |                           | 4.17000    |                                  | .00        |                  | —     |      | —     |   |
| 3              |       |                 | 132.000    |                           | 2.78000    |                                  | .00        |                  | —     |      | —     |   |
| 4              |       |                 | 240.000    |                           | 2.78000    |                                  | .00        |                  | —     |      | —     |   |
| 5              |       |                 | 240.000    |                           | 6.94000    |                                  | .00        |                  | —     |      | —     |   |
| 6              |       |                 | 324.000    |                           | 6.94000    |                                  | .00        |                  | —     |      | —     |   |
| 7              |       |                 | 324.000    |                           | 9.72000    |                                  | .00        |                  | —     |      | —     |   |
| 8              |       |                 | 708.000    |                           | 9.72000    |                                  | .00        |                  | —     |      | —     |   |
| 9              |       |                 | 708.000    |                           | 8.33000    |                                  | .00        |                  | —     |      | —     |   |
| 10             |       |                 | 960.000    |                           | 8.33000    |                                  | .00        |                  | —     |      | —     |   |
| 11             |       |                 | 960.000    |                           | .00000     |                                  | 30.00      |                  | —     |      | —     |   |
| 12             |       |                 | 1608.000   |                           | .00000     |                                  | 30.00      |                  | —     |      | —     |   |
| 13             |       |                 | 1608.000   |                           | 100.00000  |                                  | .00        |                  | .00050     |      | 30.0       |   |
| 14             |       |                 | 1728.000   |                           | 100.00000  |                                  | .00        |                  | .00050     |      | 30.0       |   |

 

3

----

----

Notes:

(1)                     Cohesion= uniaxial compressive strength for rock materials.

(2)                     Valuesof E50 are reported for clay strata.

(3)                     Defaultvalues will be generated for E50 when input values are 0.

(4)                     RQD and k_rm are reported only for weakrock strata.

Loading Type

Static loading criteria was used for computation of p-y curves

Pile-head Loading andPile-head Fixity Conditions

Number of loads specified = 1

Load Case Number 1

Pile-head boundary conditions are Displacement andSlope (BC Type 5)
| Deflection at pile head | = | .250         | in    |
|-------------------------|---|------------------------|-------|
| Slope at pile head      | = | .000         | in/in |
| Axial load at pile head | = | 600000.000   | lbs   |

 

Computed values of LoadDistribution and Deflectionfor Lateral Loading forLoad case Number 1

Pile-head boundary conditions are Displacement and slope (BC Type 5)
| Specified  deflection at pile head |   | = |   | .250000    |   | in    |
|------------------------------------|--------|---|--------|------------|--------|-------|
| Specified slope at pile head       |   | = |   | 0.000E+00  |   | in/in |
| specified axial load at pile head  |   | = |   | 600000.000 |   | lbs   |

 

4

----

 
| **Depth  X  in** | ** ** | **Deflect  y  in** | ** ** | **Moment  M  lbs-in** | ** ** | **Shear  V  lbs** | ** ** | **Slope  S  Rad.** | ** ** | **Total  Stress  lbs/in**2** | ** ** | **Soil Res.  p  lbs/in** | ** ** | **Es*h  F/L  lbs/in** | ** ** |
|------------------|------------|--------------------|------------|-----------------------|------------|-------------------|------------|--------------------|------------|------------------------------|------------|-------------------------------|------------|-----------------------|------------|
| 0.000            |       | .250000            |       | -749788.              |       | 12651.0946        |       | 0.0000             |       | 23044.1157                   |       | -47.5116                      |       | 1641.9996             |       |
| 17.280           |       | .241286            |       | -536696.              |       | 11407.1945        |       | -.0008652          |       | 21451.9400                   |       | -71.9846                      |       | 5155.2546             |       |
| 34.560           |       | .220099            |       | -337615.              |       | 9972.3248         |       | -.0014532          |       | 19964.4433                   |       | -94.0891                      |       | 7386.9593             |       |
| 51.840           |       | .191064            |       | -161919.              |       | 8183.8197         |       | -.0017892          |       | 18651.6865                   |       | -112.9138                     |       | 10212.0334            |       |
| 69.120           |       | .158266            |       | -17681.8816           |       | 6150.8045         |       | -.0019099          |       | 17573.9757                   |       | -122.3889                     |       | 13362.8578            |       |
| 86.400           |       | .125056            |       | 90257.0091            |       | 4115.7522         |       | -.0018611          |       | 18116.2413                   |       | -113.1496                     |       | 15634.7543            |       |
| 103.680          |       | .093945            |       | 163151.               |       | 2249.4242         |       | -.0016907          |       | 18660.8889                   |       | -102.8606                     |       | 18919.9434            |       |
| 120.960          |       | .066625            |       | 203056.               |       | 568.1524          |       | -.0014444          |       | 18959.0479                   |       | -91.7310                      |       | 23791.3817            |       |
| 138.240          |       | .044026            |       | 212738.               |       | -589.6926         |       | -.0011648          |       | 19031.3912                   |       | -42.2788                      |       | 16594.3656            |       |
| 155.520          |       | .026370            |       | 206829.               |       | -1262.9281        |       | -.0008826          |       | 18987.2409                   |       | -35.6420                      |       | 23355.4706            |       |
| 172.800          |       | .013522            |       | 187393.               |       | -1817.4019        |       | -.0006175          |       | 18842.0199                   |       | -28.5332                      |       | 36461.9527            |       |
| 190.080          |       | .005030            |       | 156824.               |       | -2241.3224        |       | -.0003860          |       | 18613.6134                   |       | -20.5316                      |       | 70534.8028            |       |
| 207.360          |       | .000182            |       | 117937.               |       | -2478.6735        |       | -.0002012          |       | 18323.0587                   |       | -6.9395                       |       | 657147.               |       |
| 224.640          |       | -.001924           |       | 75333.0473            |       | -2410.1770        |       | -7.1229E-05        |       | 18004.7327                   |       | 14.8674                       |       | 133540.               |       |
| 241.920          |       | -.002279           |       | 36118.0993            |       | -1895.7205        |       | 3.7251E-06         |       | 17711.7271                   |       | 44.6762                       |       | 338717.               |       |
| 259.200          |       | -.001795           |       | 9739.7031             |       | -1167.0821        |       | 3.4566E-05         |       | 17514.6334                   |       | 39.6570                       |       | 381748.               |       |
| 276.480          |       | -.001085           |       | -4933.0159            |       | -558.0647         |       | 3.7799E-05         |       | 17478.7189                   |       | 30.8312                       |       | 491204.               |       |
| 293.760          |       | -.000489           |       | -10330.8019           |       | -112.8138         |       | 2.7533E-05         |       | 17519.0500                   |       | 20.7025                       |       | 731910.               |       |
| 311.040          |       | -.000133           |       | -9402.7890            |       | 159.4396          |       | 1.4262E-05         |       | 17512.1161                   |       | 10.8083                       |       | 1403640.              |       |
| 328.320          |       | 4.11E-06           |       | -5116.3014            |       | 236.6117          |       | 4.4972E-06         |       | 17480.0884                   |       | -1.8764                       |       | 7889547.              |       |
| 345.600          |       | 2.24E-05           |       | -1318.7427            |       | 153.2723          |       | 1.6941E-07         |       | 17451.7138                   |       | -7.7694                       |       | 6003573.              |       |
| 362.880          |       | 9.96E-06           |       | 177.2771              |       | 45.3501           |       | -5.9827E-07        |       | 17443.1850                   |       | -4.7216                       |       | 8188146.              |       |
| 380.160          |       | 1.69E-06           |       | 260.9608              |       | -2.4751           |       | -3.0354E-07        |       | 17443.8103                   |       | -.8137179                     |       | 8337445.              |       |
| 397.440          |       | -5.26E-07          |       | 98.0304               |       | -7.2740           |       | -6.2105E-08        |       | 17442.5929                   |       | .2582940                      |       | 8486744.              |       |
| 414.720          |       | -4.60E-07          |       | 10.8591               |       | -3.0567           |       | 1.1127E-08         |       | 17441.9416                   |       | .2298152                      |       | 8636043.              |       |
| 432.000          |       | -1.41E-07          |       | -7.8413               |       | -.4501353         |       | 1.3156E-08         |       | 17441.9191                   |       | .0718750                      |       | 8785342.              |       |
| 449.280          |       | -5.15E-09          |       | -4.9704               |       | .1938919          |       | 4.5402E-09         |       | 17441.8976                   |       | .0026651                      |       | 8934642.              |       |
| 466.560          |       | 1.55E-08           |       | -1.2345               |       | .1463516          |       | 3.6717E-10         |       | 17441.8697                   |       | -.0081675                     |       | 9083941.              |       |
| 483.840          |       | 7.53E-09           |       | .0798597              |       | .0409984          |       | -4.0936E-10        |       | 17441.8611                   |       | -.0040262                     |       | 9233240.              |       |
| 501.120          |       | 1.39E-09           |       | .1908981              |       | -.0003054         |       | -2.2726E-10        |       | 17441.8619                   |       | -.0007544                     |       | 9382539.              |       |
| 518.400          |       | -3.19E-10          |       | .0740191              |       | -.0053015         |       | -4.9098E-11        |       | 17441.8610                   |       | .0001761                      |       | 9531838.              |       |
| 535.680          |       | -3.07E-10          |       | .0086955              |       | -.0022915         |       | 6.5297E-12         |       | 17441.8605                   |       | .0001723                      |       | 9681138.              |       |

 

5

----

 
| 552.960 |   | -9.36E-11 |   | -.0053089   |   | -.0003429   |   | 8.8073E-12  |   | 17441.8605 |   | 5.3252E-05  |   | 9830437.   |   |
|---------|--------|-----------|--------|-------------|--------|-------------|--------|-------------|--------|------------|--------|-------------|--------|------------|--------|
| 570.240 |   | -3.11E-12 |   | -.0033381   |   | .0001327    |   | 2.9919E-12  |   | 17441.8605 |   | 1.7980E-06  |   | 9979736.   |   |
| 587.520 |   | 9.79E-12  |   | -.0007839   |   | 9.8659E-05  |   | 2.1976E-13  |   | 17441.8605 |   | -5.7410E-06 |   | 1.0129E+07 |   |
| 604.800 |   | 4.48E-12  |   | 6.6976E-05  |   | 2.6026E-05  |   | -2.6240E-13 |   | 17441.8605 |   | -2.6656E-06 |   | 1.0278E+07 |   |
| 622.080 |   | 7.25E-13  |   | .0001210    |   | -7.8770E-07 |   | -1.3600E-13 |   | 17441.8605 |   | -4.3779E-07 |   | 1.0428E+07 |   |
| 639.360 |   | -2.19E-13 |   | 4.2573E-05  |   | -3.4142E-06 |   | -2.6002E-14 |   | 17441.8605 |   | 1.3380E-07  |   | 1.0577E+07 |   |
| 656.640 |   | -1.73E-13 |   | 3.5249E-06  |   | -1.3296E-06 |   | 5.0005E-15  |   | 17441.8605 |   | 1.0748E-07  |   | 1.0726E+07 |   |
| 673.920 |   | -4.58E-14 |   | -3.4799E-06 |   | -1.5204E-07 |   | 5.0308E-15  |   | 17441.8605 |   | 2.8809E-08  |   | 1.0876E+07 |   |
| 691.200 |   | 7.17E-16  |   | -1.8339E-06 |   | 9.2921E-08  |   | 1.4571E-15  |   | 17441.8605 |   | -4.5714E-10 |   | 1.1025E+07 |   |
| 708.480 |   | 4.58E-15  |   | -2.9878E-07 |   | 5.5141E-08  |   | 2.2809E-17  |   | 17441.8605 |   | -3.9155E-09 |   | 1.4764E+07 |   |
| 725.760 |   | 1.50E-15  |   | 7.1332E-08  |   | 1.0091E-08  |   | -1.3016E-16 |   | 17441.8605 |   | -1.2986E-09 |   | 1.4913E+07 |   |
| 743.040 |   | 8.46E-17  |   | 5.2676E-08  |   | -1.7663E-09 |   | -4.6758E-17 |   | 17441.8605 |   | -7.3775E-11 |   | 1.5062E+07 |   |
| 760.320 |   | -1.11E-16 |   | 1.1258E-08  |   | -1.5583E-09 |   | -3.7600E-18 |   | 17441.8605 |   | 9.7856E-11  |   | 1.5211E+07 |   |
| 777.600 |   | -4.53E-17 |   | -1.0987E-09 |   | -3.6481E-10 |   | 3.0722E-18  |   | 17441.8605 |   | 4.0275E-11  |   | 1.5361E+07 |   |
| 794.880 |   | -4.99E-18 |   | -1.4138E-09 |   | 2.1843E-11  |   | 1.3825E-18  |   | 17441.8605 |   | 4.4766E-12  |   | 1.5510E+07 |   |
| 812.160 |   | 2.47E-18  |   | -3.7250E-10 |   | 4.1172E-11  |   | 1.8111E-19  |   | 17441.8605 |   | -2.2394E-12 |   | 1.5659E+07 |   |
| 829.440 |   | 1.27E-18  |   | 5.3394E-12  |   | 1.1771E-11  |   | -6.5812E-20 |   | 17441.8605 |   | -1.1635E-12 |   | 1.5809E+07 |   |
| 846.720 |   | 1.97E-19  |   | 3.5669E-11  |   | 1.4868E-13  |   | -3.8233E-20 |   | 17441.8605 |   | -1.8162E-13 |   | 1.5958E+07 |   |
| 864.000 |   | -4.95E-20 |   | 1.1271E-11  |   | -1.0220E-12 |   | -6.6645E-21 |   | 17441.8605 |   | 4.6120E-14  |   | 1.6107E+07 |   |
| 881.280 |   | -3.37E-20 |   | 4.8643E-13  |   | -3.4993E-13 |   | 1.2425E-21  |   | 17441.8605 |   | 3.1667E-14  |   | 1.6257E+07 |   |
| 898.560 |   | -6.54E-21 |   | -8.4870E-13 |   | -2.2691E-14 |   | 9.9884E-22  |   | 17441.8605 |   | 6.2073E-15  |   | 1.6406E+07 |   |
| 915.840 |   | 8.59E-22  |   | -3.1850E-13 |   | 2.3832E-14  |   | 2.1386E-22  |   | 17441.8605 |   | -8.2274E-16 |   | 1.6555E+07 |   |
| 933.120 |   | 8.53E-22  |   | -2.9517E-14 |   | 9.5989E-15  |   | -2.0187E-23 |   | 17441.8605 |   | -8.2455E-16 |   | 1.6704E+07 |   |
| 950.400 |   | 1.61E-22  |   | 1.3663E-14  |   | 1.1173E-15  |   | -3.0850E-23 |   | 17441.8605 |   | -1.5712E-16 |   | 1.6854E+07 |   |
| 967.680 |   | -2.13E-22 |   | 9.7351E-15  |   | -2.2874E-16 |   | -1.5114E-23 |   | 17441.8605 |   | 1.3364E-18  |   | 108314.    |   |
| 984.960 |   | -3.61E-22 |   | 6.0707E-15  |   | -1.9440E-16 |   | -4.4843E-24 |   | 17441.8605 |   | 2.6389E-18  |   | 126230.    |   |
| 1002.   |   | -3.68E-22 |   | 3.1098E-15  |   | -1.4506E-16 |   | 1.6898E-24  |   | 17441.8605 |   | 3.0714E-18  |   | 144146.    |   |
| 1020.   |   | -3.03E-22 |   | 1.0225E-15  |   | -9.3982E-17 |   | 4.4689E-24  |   | 17441.8605 |   | 2.8403E-18  |   | 162062.    |   |
| 1037.   |   | -2.14E-22 |   | -2.3093E-16 |   | -5.0207E-17 |   | 5.0012E-24  |   | 17441.8605 |   | 2.2262E-18  |   | 179978.    |   |
| 1054.   |   | -1.30E-22 |   | -8.1637E-16 |   | -1.8109E-17 |   | 4.2969E-24  |   | 17441.8605 |   | 1.4889E-18  |   | 197894.    |   |
| 1071.   |   | -6.52E-23 |   | -9.4587E-16 |   | 1.7948E-18  |   | 3.1117E-24  |   | 17441.8605 |   | 8.1481E-19  |   | 215810.    |   |
| 1089.   |   | -2.25E-23 |   | -8.1887E-16 |   | 1.1460E-17  |   | 1.9249E-24  |   | 17441.8605 |   | 3.0384E-19  |   | 233726.    |   |

 

6

----

 
| 1106. |   | 1.28E-24  |   | -5.8973E-16 |   | 1.3924E-17  |   | 9.7757E-25  |   | 17441.8605 |   | -1.8665E-20 |   | 251642.    |   |
|-------|--------|-----------|--------|-------------|--------|-------------|--------|-------------|--------|------------|--------|-------------|--------|------------|--------|
| 1123. |   | 1.13E-23  |   | -3.5793E-16 |   | 1.2237E-17  |   | 3.4024E-25  |   | 17441.8605 |   | -1.7660E-19 |   | 269558.    |   |
| 1140. |   | 1.30E-23  |   | -1.7387E-16 |   | 8.8367E-18  |   | 0.0000      |   | 17441.8605 |   | -2.1695E-19 |   | 287473.    |   |
| 1158. |   | 1.07E-23  |   | -5.2172E-17 |   | 5.3255E-18  |   | -1.6943E-25 |   | 17441.8605 |   | -1.8944E-19 |   | 305389.    |   |
| 1175. |   | 7.18E-24  |   | 1.3690E-17  |   | 2.5273E-18  |   | -1.9531E-25 |   | 17441.8605 |   | -1.3443E-19 |   | 323305.    |   |
| 1192. |   | 3.97E-24  |   | 3.9222E-17  |   | 6.8867E-19  |   | -1.5973E-25 |   | 17441.8605 |   | -7.8376E-20 |   | 341221.    |   |
| 1210. |   | 1.66E-24  |   | 4.0803E-17  |   | -2.8745E-19 |   | -1.0591E-25 |   | 17441.8605 |   | -3.4601E-20 |   | 359137.    |   |
| 1227. |   | 3.09E-25  |   | 3.1484E-17  |   | -6.4463E-19 |   | 0.0000      |   | 17441.8605 |   | -6.7405E-21 |   | 377053.    |   |
| 1244. |   | -3.15E-25 |   | 1.9713E-17  |   | -6.4062E-19 |   | 0.0000      |   | 17441.8605 |   | 7.2051E-21  |   | 394969.    |   |
| 1261. |   | -4.81E-25 |   | 9.8181E-18  |   | -4.7903E-19 |   | 0.0000      |   | 17441.8605 |   | 1.1497E-20  |   | 412885.    |   |
| 1279. |   | -4.19E-25 |   | 3.2196E-18  |   | -2.8945E-19 |   | 0.0000      |   | 17441.8605 |   | 1.0445E-20  |   | 430801.    |   |
| 1296. |   | -2.82E-25 |   | -3.0486E-19 |   | -1.3596E-19 |   | 0.0000      |   | 17441.8605 |   | 7.3198E-21  |   | 448717.    |   |
| 1313. |   | -1.52E-25 |   | -1.6394E-18 |   | -3.7277E-20 |   | 0.0000      |   | 17441.8605 |   | 4.1020E-21  |   | 466633.    |   |
| 1331. |   | 0.000     |   | -1.7263E-18 |   | 1.2708E-20  |   | 0.0000      |   | 17441.8605 |   | 1.6832E-21  |   | 484548.    |   |
| 1348. |   | 0.000     |   | -1.2864E-18 |   | 2.9329E-20  |   | 0.0000      |   | 17441.8605 |   | 2.4056E-22  |   | 502464.    |   |
| 1365. |   | 0.000     |   | -7.5682E-19 |   | 2.7874E-20  |   | 0.0000      |   | 17441.8605 |   | -4.0898E-22 |   | 520380.    |   |
| 1382. |   | 0.000     |   | -3.3878E-19 |   | 1.9538E-20  |   | 0.0000      |   | 17441.8605 |   | -5.5587E-22 |   | 538296.    |   |
| 1400. |   | 0.000     |   | -8.1994E-20 |   | 1.0777E-20  |   | 0.0000      |   | 17441.8605 |   | -4.5814E-22 |   | 556212.    |   |
| 1417. |   | 0.000     |   | 3.9136E-20  |   | 4.3161E-21  |   | 0.0000      |   | 17441.8605 |   | -2.8960E-22 |   | 574128.    |   |
| 1434. |   | 0.000     |   | 7.3245E-20  |   | 5.9748E-22  |   | 0.0000      |   | 17441.8605 |   | -1.4079E-22 |   | 592044.    |   |
| 1452. |   | 0.000     |   | 6.4292E-20  |   | -9.8638E-22 |   | 0.0000      |   | 17441.8605 |   | -4.2524E-23 |   | 609960.    |   |
| 1469. |   | 0.000     |   | 4.1745E-20  |   | -1.2892E-21 |   | 0.0000      |   | 17441.8605 |   | 7.4728E-24  |   | 627876.    |   |
| 1486. |   | 0.000     |   | 2.0847E-20  |   | -1.0161E-21 |   | 0.0000      |   | 17441.8605 |   | 2.4133E-23  |   | 645792.    |   |
| 1503. |   | 0.000     |   | 6.8639E-21  |   | -6.0809E-22 |   | 0.0000      |   | 17441.8605 |   | 2.3096E-23  |   | 663707.    |   |
| 1521. |   | 0.000     |   | -3.1790E-22 |   | -2.7311E-22 |   | 0.0000      |   | 17441.8605 |   | 1.5674E-23  |   | 681623.    |   |
| 1538. |   | 0.000     |   | -2.8151E-21 |   | -6.7464E-23 |   | 0.0000      |   | 17441.8605 |   | 8.1278E-24  |   | 699539.    |   |
| 1555. |   | 0.000     |   | -2.8461E-21 |   | 2.7736E-23  |   | 0.0000      |   | 17441.8605 |   | 2.8907E-24  |   | 717455.    |   |
| 1572. |   | 0.000     |   | -1.9742E-21 |   | 5.4411E-23  |   | 0.0000      |   | 17441.8605 |   | 1.9673E-25  |   | 735371.    |   |
| 1590. |   | 0.000     |   | -1.0161E-21 |   | 5.0653E-23  |   | 0.0000      |   | 17441.8605 |   | -6.3170E-25 |   | 753287.    |   |
| 1607. |   | 0.000     |   | -2.3241E-22 |   | 4.1344E-23  |   | 0.0000      |   | 17441.8605 |   | -4.4576E-25 |   | 771203.    |   |
| 1624. |   | 0.000     |   | 4.2140E-22  |   | 6.7220E-24  |   | 0.0000      |   | 17441.8605 |   | -3.5614E-24 |   | 7.4080E+08 |   |

 

7

----

 
| 1642. |   | 0.000 |   | 5.9055E-24  |   | -1.2227E-23 |   | 0.0000 |   | 17441.8605 |   | 1.3682E-24 |   | 8.6400E+08 |   |
|-------|--------|-------|--------|-------------|--------|-------------|--------|--------|--------|------------|--------|------------|--------|------------|--------|
| 1659. |   | 0.000 |   | -1.1275E-24 |   | -1.7125E-25 |   | 0.0000 |   | 17441.8605 |   | 0.0000     |   | 8.6400E+08 |   |
| 1676. |   | 0.000 |   | 0.0000      |   | 0.0000      |   | 0.0000 |   | 17441.8605 |   | 0.0000     |   | 8.6400E+08 |   |
| 1693. |   | 0.000 |   | 0.0000      |   | 0.0000      |   | 0.0000 |   | 17441.8605 |   | 0.0000     |   | 8.6400E+08 |   |
| 1711. |   | 0.000 |   | 0.0000      |   | 0.0000      |   | 0.0000 |   | 17441.8605 |   | 0.0000     |   | 8.6400E+08 |   |
| 1728. |   | 0.000 |   | 0.0000      |   | 0.0000      |   | 0.0000 |   | 17441.8605 |   | 0.0000     |   | 4.3200E+08 |   |

 

Output Verification:

Computed forces and moments are within specified convergence limits.

Output Summary for Load Case No. 1:
| Pile-head  deflection             | = | .25000000     |   | in     |
|-----------------------------------|---|---------------|--------|--------|
| Computed slope  at pile head      | = | -.00014331    |   |   |
| Maximum bending  moment           | = | -749788.23963 |   | lbs-in |
| Maximum shear  force              | = | 12651.09459   |   | lbs    |
| Depth of maximum  bending moment  | = | 0.00000       |   | in     |
| Depth of maximum  shear force     | = | 0.00000       |   | in     |
| Number of  iterations             | = | 12            |   |   |
| Number of zero  deflection points | = | 22            |   |   |

 

Summary of PileResponse(s)

Definition of Symbols for Pile-Head Loading Conditions:
| Type 1 = Shear  and Moment,         |   | Y =   pile-head displacement in              |
|-------------------------------------|--------|---------------------------------------------------|
| Type 2 = Shear  and Slope,          |   | M = Pile-head  Moment lbs-in                      |
| Type 3 = Shear  and Rot. Stiffness, |   | V =   Pile-head Shear Force lbs              |
| Type 4 =  Deflection and Moment,    |   | S =   Pile-head Slope, radians               |
| Type 5 =  Deflection and Slope,     |   | R =  Rot.  Stiffness of Pile-head in-lbs/rad |

 
| **Load   Type** | ** ** | **Pile-Head   Condition   1** | ** ** | **Pile-Head   Condition  2** | ** ** | **Axial  Load  lbs** | ** ** | **Pile-Head  Deflection  in** | ** ** | **Maximum  Moment   in-lbs** | ** ** | **Maximum  Shear   lbs** | ** ** |
|----------------------|------------|-----------------------------------------|------------|-----------------------------------|------------|----------------------|------------|-------------------------------|------------|-----------------------------------|------------|-------------------------------|------------|
| 5                    |       | y= .250000                              |       | s= 0.000                          |       | 600000.              |       | .2500000                      |       | -749788.                          |       | 12651.0946                    |       |

 

Computed Pile-headStiffness Matrix Members K22, K23, K32, K33 for Superstructure
| Top y  in | ** ** | **Shear React.   lbs** | ** ** | **Mom. React.   in-lbs** | ** ** | **K22   lbs/in** | ** ** | **K32   in-lbs/in** | ** ** |
|----------------|------------|----------------------------------|------------|------------------------------------|------------|-----------------------|------------|--------------------------|------------|
| 1.936450E-08   |       |                             | .02500000  |                               | .43024394  |                  | 1291022.   |                     | 22218177.  |   |
| 5.829296E-08   |       |                             | .07525750  |                               | 1.29516330 |                  | 1291022.   |                     | 22218177.  |   |
| 9.239215E-08   |       |                             | .11928031  |                               | 2.05278526 |                  | 1291022.   |                     | 22218177.  |   |
| 1.165859E-07   |       |                             | .15051500  |                               | 2.59032660 |                  | 1291022.   |                     | 22218177.  |   |
| 1.353521E-07   |       |                             | .17474250  |                               | 3.00727606 |                  | 1291022.   |                     | 22218177.  |   |
| 1.506851E-07   |       |                             | .19453781  |                               | 3.34794856 |                  | 1291022.   |                     | 22218177.  |   |
| 1.636490E-07   |       |                             | .21127451  |                               | 3.63598307 |                  | 1291022.   |                     | 22218177.  |   |
| 1.748789E-07   |       |                             | .22577250  |                               | 3.88548990 |                  | 1291022.   |                     | 22218177.  |   |
| 1.847843E-07   |       |                             | .23856063  |                               | 4.10557053 |                  | 1291022.   |                     | 22218177.  |   |
| 1.936450E-07   |       |                             | .25000000  |                               | 4.30243936 |                  | 1291022.   |                     | 22218177.  |   |

 

8

----

 
| Top Rota.  rad | ** ** | **Shear React.  lbs** | ** ** | **Mom. React.  in-lbs** | ** **   | **K23  lbs/rad** | ** ** | **K33  in-lbs/rad** | ** **   |
|----------------|------------|-----------------------|------------|-------------------------|--------------|------------------|------------|---------------------|--------------|
|           |       |                  |       |                    |         |             |       |                |         |   |
| 1.306001E-08   |       |                  | .29016960  |                    | 10.00000015  |             | 22218177.  |                | 7.656963E+08 |   |
| 3.931454E-08   |       |                  | .87349753  |                    | 30.10299957  |             | 22218177.  |                | 7.656963E+08 |   |
| 6.231208E-08   |       |                  | 1.38446083 |                    | 47.71212547  |             | 22218177.  |                | 7.656963E+08 |   |
| 7.862909E-08   |       |                  | 1.74699506 |                    | 60.20599913  |             | 22218177.  |                | 7.656963E+08 |   |
| 9.128555E-08   |       |                  | 2.02819845 |                    | 69.89700043  |             | 22218177.  |                | 7.656963E+08 |   |
| 1.016266E-07   |       |                  | 2.25795835 |                    | 77.81512504  |             | 22218177.  |                | 7.656963E+08 |   |
| 1.103699E-07   |       |                  | 2.45221758 |                    | 84.50980400  |             | 22218177.  |                | 7.656963E+08 |   |
| 1.179436E-07   |       |                  | 2.62049258 |                    | 90.30899870  |             | 22218177.  |                | 7.656963E+08 |   |
| 1.246242E-07   |       |                  | 2.76892165 |                    | 95.42425094  |             | 22218177.  |                | 7.656963E+08 |   |
| 1.306001E-07   |       |                  | 2.90169598 |                    | 100.00000000 |             | 22218177.  |                | 7.656963E+08 |   |

 

K22 = abs(Shear Reaction/Top y)

K23 = abs(Shear Reaction/Top Rotation)

K32 = abs(Moment Reaction/Top y)

K33 = abs(Moment Reaction/Top Rotation)

Pile-head Deflection vs.Pile Length

Boundary Condition Type 5, Deflection and Slope
| Deflection | = | .25000  |   | in     |
|------------|---|--------------|--------|--------|
| Slope      | = | .00000       |   |   |
| Axial Load | = | 600000.      |   | lbs    |

 
|    Pile  Length  in | ** ** | **Pile Head   Deflection   in** | ** ** | **Maximum   Moment   in-lbs** | ** ** | **Maximum   Shear   lbs** | ** ** |
|------------------------------------|------------|------------------------------------------------|------------|-----------------------------------------|------------|-------------------------------------|------------|
| 1728.000                           |       | .25000000                                      |       | -749788.23963                           |       | 12651.09459                         |       |
| 1641.600                           |       | .25000000                                      |       | -760076.45931                           |       | 12780.63888                         |       |
| 1555.200                           |       | .25000000                                      |       | -754072.09816                           |       | 12675.93226                         |       |
| 1468.800                           |       | .25000000                                      |       | -746529.38460                           |       | 12548.17648                         |       |
| 1382.400                           |       | .25000000                                      |       | -753578.16323                           |       | 12635.66526                         |       |
| 1296.000                           |       | .25000000                                      |       | -758912.48385                           |       | 12704.63951                         |       |
| 1209.600                           |       | .25000000                                      |       | -750082.48483                           |       | 12560.71878                         |       |
| 1123.200                           |       | .25000000                                      |       | -753020.36329                           |       | 12588.61963                         |       |
| 1036.800                           |       | .25000000                                      |       | -754016.76754                           |       | 12588.97810                         |       |
|   950.400                |       | .25000000                                      |       | -752931.09666                           |       | 12564.76632                         |       |

 

The analysis ended normally.

9

----

**LateralDeflection (in)**

****

----

**UnfactoredBending Moment (in-kips)**

****

----

**ShearForce (kips)**

****

----

**Mobilized Soil Reaction (lbs/in)**

****

----

**LPILE Plus for Windows, Version 5.0 (5.0.30)**

**Analysis of Individual Piles and Drilled ShaftsSubjected to Lateral Loading Using the p-y Method**

**(c) 1985-2007 by Ensoft, Inc.All Rights Reserved**

**This program is licensed to:**

**Chris BosyWeaver Boos Consultants, Inc.**
| Path to file  locations:   |   | K:\Employee  Folders\ L.K. Laffin\L-pile\ |
|----------------------------|--------|-------------------------------------------|
| Name of input  data file:  |   | Mt Vernon-18in.lpd                        |
| Name of output  file:      |   | Mt Vernon-18in.lpo                        |
| Name of plot  output file: |   | Mt Vernon-18in.lpp                        |
| Name of runtime  file:     |   | Mt Vernon-18in.lpr                        |

 

**Time and Date of Analysis**

**Date: May 9,2007                              Time: 10:20:9**

**Problem Title**

**Dry Mill Ethanol Plant**

**Program Options**

Units used in Computations - US Customary Units: Inches, Pounds

Basic Program Options:

Analysis Type 1:

·                             Computationof Lateral Pile Response Using user-specified Constant EI

**Computation Options:**

·                             Onlyinternally-generated p-y curves used in analysis

·                             Analysisdoes not use p-y multipliers (individual pile or shaft action only)

·                             Analysisassumes no shear resistance at pile tip

·                             Analysisincludes automatic computation of pile-top deflection vs. pile embedment length

·                             Analysisincludes computation of foundation stiffness matrix elements

·                             Outputpile response for full length of pile

·                             Analysisassumes no soil movements acting on pile

·                             Noadditional p-y curves to be computed at user-specified depths

Solution Control Parameters:
| ·          Number of pile increments | = | 100 |   |
|----------------------------------------------------------------------------------------|---|-----|--------|

 

1

----

 
| ·          Maximum number of iterations allowed | = | 100        |   |   |
|---------------------------------------------------------------------------------------------------|---|------------|--------|--------|
| ·          Deflection tolerance for convergence | = | 1.0000E-05 |   | in     |
| ·          Maximum allowable deflection         | = | 1.0000E+02 |   | in     |

 

Printing Options:

·                             Valuesof pile-head deflection, bending moment, shear force, and soil reaction areprinted for full length of pile.

·                             Printingincrement (spacing of output points) =          1

**Pile Structural Properties and Geometry**
| Pile Length                                | = | 1200.00 |   | in   |
|--------------------------------------------|---|---------|--------|------|
| Depth of ground  surface below top of pile | = | .00     |   | in   |
| Slope angle of  ground surface             | = | .00     |   | deg. |

 

Structural properties of pile defined using 2 points
| **Point** | ** ** | **Depth  X  in** | ** ** | **Pile  Diameter  in** | ** ** | **Moment of  Inertia  in**4** | ** ** | **Pile  Area  sq. in** | ** ** | **Modulus of  Elasticity  lbs/sq.in** | ** ** |
|-----------|------------|------------------|------------|------------------------|------------|------------------------------------|------------|-----------------------------|------------|--------------------------------------------|------------|
| 1         |       | 0.0000           |       | 18.00000000            |       | 5153.0000                          |       | 254.5000                    |       | 3600000.                                   |       |
| 2         |       | 1200.0000        |       | 18.00000000            |       | 5153.0000                          |       | 254.5000                    |       | 3600000.                                   |       |

 

**Soil and Rock Layering Information**

The soil profile is modelled using 6 layers

Layer 1 is soft clay, p-y criteria by Matlock, 1970
| Distance from  top of pile to top of layer    | = | .000    |   | in |
|-----------------------------------------------|---|---------|--------|----|
| Distance from  top of pile to bottom of layer | = | 132.000 |   | in |

 

Layer 2 is soft clay, p-y criteria by Matlock, 1970
| Distance from  top of pile to top of layer    | = | 132.000 |   | in |
|-----------------------------------------------|---|---------|--------|----|
| Distance from  top of pile to bottom of layer | = | 240.000 |   | in |

 

Layer 3 is stiff clay with water-induced erosion
| Distance from  top of pile to top of layer    | = | 240.000 |   | in        |
|-----------------------------------------------|---|---------|--------|-----------|
| Distance from  top of pile to bottom of layer | = | 324.000 |   | in        |
| p-y subgrade  modulus k for top of soil layer | = | .000    |   | lbs/in**3 |
| p-y subgrade  modulus k for bottom of layer   | = | .000    |   | lbs/in**3 |

 

NOTE: Internal default values for p-y subgrade modulus will be computedfor the above soil layer.

Layer 4 is stiff clay with water-induced erosion
| Distance from  top of pile to top of layer    | = | 324.000 |   | in        |
|-----------------------------------------------|---|---------|--------|-----------|
| Distance from  top of pile to bottom of layer | = | 708.000 |   | in        |
| p-y subgrade  modulus k for top of soil layer | = | .000    |   | lbs/in**3 |
| p-y subgrade  modulus k for bottom of layer   | = | .000    |   | lbs/in**3 |

 

NOTE: Internal default values for p-y subgrade modulus will be computedfor the above soil layer.

Layer 5 is stiff clay with water-induced erosion
| Distance from  top of pile to top of layer    | = | 708.000 |   | in |
|-----------------------------------------------|---|---------|--------|----|
| Distance from  top of pile to bottom of layer | = | 960.000 |   | in |

 

2

----

 
| p-y subgrade  modulus k for top of soil layer | = | .000 |   | lbs/in**3 |
|-----------------------------------------------|---|------|--------|-----------|
| p-y subgrade  modulus k for bottom of layer   | = | .000 |   | lbs/in**3 |

 

NOTE: Internal defaultvalues for p-y subgrade modulus will be computed for the above soil layer.

Layer 6 is sand, p-y criteria by Reese et al., 1974
| Distance from  top of pile to top of layer    | = | 960.000  |   | in        |
|-----------------------------------------------|---|----------|--------|-----------|
| Distance from  top of pile to bottom of layer | = | 1200.000 |   | in        |
| p-y subgrade  modulus k for top of soil layer | = | 60.000   |   | lbs/in**3 |
| p-y subgrade  modulus k for bottom of layer   | = | 60.000   |   | lbs/in**3 |

 

(Depth of lowest layer extends               .00in below pile tip)

**Effective Unit Weight of Soil vs. Depth**

Distribution of effective unit weight of soil with depth is definedusing 12 points
| Point  No. | ** ** | **Depth x  in** | ** ** | **Eff. Unit Weight  lbs/in**3** | ** ** |
|------------|------------|----------------------|------------|-------------------------------------------|------------|
| 1          |       |                 | .00        |                                      | .07100     |   |
| 2          |       |                 | 132.00     |                                      | .07100     |   |
| 3          |       |                 | 132.00     |                                      | .07100     |   |
| 4          |       |                 | 240.00     |                                      | .07100     |   |
| 5          |       |                 | 240.00     |                                      | .07100     |   |
| 6          |       |                 | 324.00     |                                      | .07100     |   |
| 7          |       |                 | 324.00     |                                      | .07100     |   |
| 8          |       |                 | 708.00     |                                      | .07100     |   |
| 9          |       |                 | 708.00     |                                      | .07100     |   |
| 10         |       |                 | 960.00     |                                      | .07100     |   |
| 11         |       |                 | 960.00     |                                      | .07200     |   |
| 12         |       |                 | 1200.00    |                                      | .07200     |   |

 

Shear Strength of Soils

Distribution of shear strength parameters with depth defined using 12points
| Point  No. | ** ** | **Depth x  in** | ** ** | **Cohesion c  lbs/in**2** | ** ** | **Angle of Friction  Deg.** | ** ** | **E50 or  k_rm** | ** ** | **RQD  %** | ** ** |
|------------|------------|----------------------|------------|--------------------------------|------------|---------------------------------------|------------|-----------------------|------------|------------|------------|
| 1          |       |                 | .000       |                           | 4.17000    |                                  | .00        |                  | —     |       | —     |   |
| 2          |       |                 | 132.000    |                           | 4.17000    |                                  | .00        |                  | —     |       | —     |   |
| 3          |       |                 | 132.000    |                           | 2.78000    |                                  | .00        |                  | —     |       | —     |   |
| 4          |       |                 | 240.000    |                           | 2.78000    |                                  | .00        |                  | —     |       | —     |   |
| 5          |       |                 | 240.000    |                           | 6.94000    |                                  | .00        |                  | —     |       | —     |   |
| 6          |       |                 | 324.000    |                           | 6.94000    |                                  | .00        |                  | —     |       | —     |   |
| 7          |       |                 | 324.000    |                           | 9.72000    |                                  | .00        |                  | —     |       | —     |   |
| 8          |       |                 | 708.000    |                           | 9.72000    |                                  | .00        |                  | —     |       | —     |   |
| 9          |       |                 | 708.000    |                           | 8.33000    |                                  | .00        |                  | —     |       | —     |   |
| 10         |       |                 | 960.000    |                           | 8.33000    |                                  | .00        |                  | —     |       | —     |   |
| 11         |       |                 | 960.000    |                           | .00000     |                                  | 30.00      |                  | —     |       | —     |   |
| 12         |       |                 | 1200.000   |                           | .00000     |                                  | 30.00      |                  | —     |       | —     |   |

 

3

----

----

Notes:

(1)                     Cohesion= uniaxial compressive strength for rock materials.

(2)                     Valuesof E50 are reported for clay strata.

(3)                     Defaultvalues will  be generated for E50 wheninput values are 0.

(4)                     RQD and k_rm are reported only for weakrock strata.

Loading Type

Static loading criteria was used for computation of p-y curves

Pile-head Loading andPile-head Fixity Conditions

Number of loads specified = 1

Load Case Number 1

Pile-head boundary conditions are Displacement and slope (BC Type 5)
| Deflection at  pile head      | = | .250       | in    |
|-------------------------------|---|------------|-------|
| Slope at pile  head           | = | .000       | in/in |
| Axial  load at pile head | = | 200000.000 | lbs   |

 

Computed Values of Load Distribution and Deflection for Lateral Loadingfor Load Case Number 1

Pile-head boundary conditions are Displacement and slope (BC Type 5)
| Specified  deflection at pile head | =  | .250000          | in    |
|------------------------------------|---------|------------------|-------|
| Specified slope  at pile head      | =  |  0.000E+00  | in/in |
| Specified axial  load at pile head | =       |  200000.000 | lbs   |

 

4

----

 
| **Depth  X  in** | ** ** | **Deflect.  y   in** | ** ** | **Moment  M  lbs-in** | ** ** | **Shear  V  lbs** | ** ** | **Slope  S  Rad.** | ** ** | **Total  Stress  lbs/in**2** | ** ** | **Soil Res.  c  lbs/in** | ** ** | **Es*h  F/L  lbs/in** | ** ** |
|------------------|------------|---------------------------|------------|-----------------------|------------|-------------------|------------|--------------------|------------|------------------------------|------------|-------------------------------|------------|-----------------------|------------|
| 0.000            |       | .250000                   |       | -1124338.             |       | 19810.4281        |       | 0.0000             |       | 2749.5736                    |       | -92.5569                      |       | 2221.3665             |       |
| 12.000           |       | .245636                   |       | -893553.              |       | 18508.3490        |       | -.0006527          |       | 2346.4939                    |       | -108.5059                     |       | 5300.8122             |       |
| 24.000           |       | .234336                   |       | -677005.              |       | 17119.0223        |       | -.0011606          |       | 1968.2811                    |       | -123.0498                     |       | 6301.1944             |       |
| 36.000           |       | .217781                   |       | -477125.              |       | 15565.1827        |       | -.0015339          |       | 1619.1801                    |       | -135.9234                     |       | 7489.5497             |       |
| 48.000           |       | .197522                   |       | -296078.              |       | 13868.2056        |       | -.0017840          |       | 1302.9706                    |       | -146.9061                     |       | 8924.9407             |       |
| 60.000           |       | .174965                   |       | -135725.              |       | 12051.8839        |       | -.0019237          |       | 1022.9058                    |       | -155.8142                     |       | 10686.5481            |       |
| 72.000           |       | .151354                   |       | 2401.1467             |       | 10142.0130        |       | -.0019668          |       | 790.0484                     |       | -162.4976                     |       | 12883.5014            |       |
| 84.000           |       | .127762                   |       | 117124.               |       | 8166.0079         |       | -.0019281          |       | 990.4180                     |       | -166.8366                     |       | 15670.0623            |       |
| 96.000           |       | .105079                   |       | 207640.               |       | 6152.5459         |       | -.0018231          |       | 1148.5100                    |       | -168.7404                     |       | 19270.1042            |       |
| 108.000          |       | .084008                   |       | 273536.               |       | 4131.2349         |       | -.0016675          |       | 1263.6001                    |       | -168.1447                     |       | 24018.4029            |       |
| 120.000          |       | .065060                   |       | 314794.               |       | 2132.3340         |       | -.0014772          |       | 1335.6594                    |       | -165.0054                     |       | 30434.3788            |       |
| 132.000          |       | .048556                   |       | 331802.               |       | 338.2212          |       | -.0012680          |       | 1365.3656                    |       | -134.0134                     |       | 33119.7898            |       |
| 144.000          |       | .034627                   |       | 328998.               |       | -922.0200         |       | -.0010543          |       | 1360.4673                    |       | -76.0268                      |       | 26346.9302            |       |
| 156.000          |       | .023252                   |       | 314734.               |       | -1777.6549        |       | -.0008461          |       | 1335.5558                    |       | -66.5790                      |       | 34359.7602            |       |
| 168.000          |       | .014321                   |       | 290395.               |       | -2517.0331        |       | -.0006504          |       | 1293.0460                    |       | -56.6507                      |       | 47470.1477            |       |
| 180.000          |       | .007643                   |       | 257447.               |       | -3132.6982        |       | -.0004732          |       | 1235.5009                    |       | -45.9602                      |       | 72158.1686            |       |
| 192.000          |       | .002964                   |       | 217482.               |       | -3609.6625        |       | -.0003196          |       | 1165.6986                    |       | -33.5339                      |       | 135757.               |       |
| 204.000          |       | -2.67E-05                 |       | 172350.               |       | -3803.4764        |       | -.0001935          |       | 1086.8727                    |       | 1.2316                        |       | 553047.               |       |
| 216.000          |       | -.001680                  |       | 127127.               |       | -3629.9523        |       | -9.6635E-05        |       | 1007.8892                    |       | 27.6891                       |       | 197809.               |       |
| 228.000          |       | -.002346                  |       | 85694.5792            |       | -3278.0281        |       | -2.7800E-05        |       | 935.5249                     |       | 30.9649                       |       | 158392.               |       |
| 240.000          |       | -.002347                  |       | 48587.9168            |       | -2778.1057        |       | 1.5631E-05         |       | 870.7161                     |       | 52.3555                       |       | 267694.               |       |
| 252.000          |       | -.001971                  |       | 18945.0121            |       | -2052.9128        |       | 3.7474E-05         |       | 818.9431                     |       | 68.5100                       |       | 417151.               |       |
| 264.000          |       | -.001448                  |       | -861.8652             |       | -1289.5755        |       | 4.3323E-05         |       | 787.3599                     |       | 58.7129                       |       | 486713.               |       |
| 276.000          |       | -.000931                  |       | -12212.7502           |       | -654.8048         |       | 3.9094E-05         |       | 807.1849                     |       | 47.0822                       |       | 606828.               |       |
| 288.000          |       | -.000509                  |       | -16764.8328           |       | -163.4086         |       | 2.9722E-05         |       | 815.1353                     |       | 34.8171                       |       | 820317.               |       |
| 300.000          |       | -.000218                  |       | -16277.2204           |       | 182.0345          |       | 1.9035E-05         |       | 814.2837                     |       | 22.7567                       |       | 1254211.              |       |
| 312.000          |       | -5.25E-05                 |       | -12487.3716           |       | 385.5379          |       | 9.7311E-06         |       | 807.6645                     |       | 11.1605                       |       | 2551402.              |       |
| 324.000          |       | 1.58E-05                  |       | -7071.0193            |       | 407.5388          |       | 3.4052E-06         |       | 798.2045                     |       | -7.4937                       |       | 5685839.              |       |
| 336.000          |       | 2.92E-05                  |       | -2722.7848            |       | 278.4147          |       | 2.3754E-07         |       | 790.6101                     |       | -14.0270                      |       | 5757839.              |       |
| 348.000          |       | 2.15E-05                  |       | -390.2059             |       | 131.5339          |       | -7.6931E-07        |       | 786.5361                     |       | -10.4532                      |       | 5829839.              |       |
| 360.000          |       | 1.08E-05                  |       | 437.7226              |       | 37.0326           |       | -7.5394E-07        |       | 786.6191                     |       | -5.2971                       |       | 5901839.              |       |
| 372.000          |       | 3.42E-06                  |       | 502.1950              |       | -4.9707           |       | -4.4994E-07        |       | 786.7317                     |       | -1.7035                       |       | 5973839.              |       |
| 384.000          |       | -2.82E-08                 |       | 320.5845              |       | -15.1064          |       | -1.8382E-07        |       | 786.4145                     |       | .0142243                      |       | 6045839.              |       |
| 396.000          |       | -9.90E-07                 |       | 140.5246              |       | -11.9932          |       | -3.4684E-08        |       | 786.1001                     |       | .5046443                      |       | 6117839.              |       |
| 408.000          |       | -8.61E-07                 |       | 32.9153               |       | -6.3017           |       | 2.1413E-08         |       | 785.9121                     |       | .4439380                      |       | 6189839.              |       |
| 420.000          |       | -4.76E-07                 |       | -10.8180              |       | -2.1479           |       | 2.8560E-08         |       | 785.8735                     |       | .2483542                      |       | 6261839.              |       |
| 432.000          |       | -1.75E-07                 |       | -18.7715              |       | -.1029181         |       | 1.8990E-08         |       | 785.8874                     |       | .0924772                      |       | 6333839.              |       |

 

5

----

 
| 444.000 |   | -2.02E-08 |   | -13.3792    |   | .5166021     |   | 8.5910E-09  |   | 785.8780 |   | .0107761    |   | 6405839. |   |
|---------|--------|-----------|--------|-------------|--------|--------------|--------|-------------|--------|----------|--------|-------------|--------|----------|--------|
| 456.000 |   | 3.10E-08  |   | -6.4143     |   | .4809274     |   | 2.1890E-09  |   | 785.8658 |   | -.0167219   |   | 6477839. |   |
| 468.000 |   | 3.23E-08  |   | -1.8474     |   | .2746530     |   | -4.8312E-10 |   | 785.8578 |   | -.0176571   |   | 6549839. |   |
| 480.000 |   | 1.94E-08  |   | .1796854    |   | .1045381     |   | -1.0225E-09 |   | 785.8549 |   | -.0106954   |   | 6621839. |   |
| 492.000 |   | 7.81E-09  |   | .6663916    |   | .0142298     |   | -7.4888E-10 |   | 785.8558 |   | -.0043560   |   | 6693839. |   |
| 504.000 |   | 1.41E-09  |   | .5247957    |   | -.0166725    |   | -3.6361E-10 |   | 785.8555 |   | -.0007944   |   | 6765839. |   |
| 516.000 |   | -9.18E-10 |   | .2679966    |   | -.0183018    |   | -1.0719E-10 |   | 785.8551 |   | .0005228    |   | 6837839. |   |
| 528.000 |   | -1.16E-09 |   | .0860665    |   | -.0111448    |   | 7.3295E-12  |   | 785.8548 |   | .0006700    |   | 6909839. |   |
| 540.000 |   | -7.42E-10 |   | .0004858    |   | -.0045358    |   | 3.5324E-11  |   | 785.8546 |   | .0004315    |   | 6981839. |   |
| 552.000 |   | -3.16E-10 |   | -.0229630   |   | -.0008331    |   | 2.8054E-11  |   | 785.8547 |   | .0001856    |   | 7053839. |   |
| 564.000 |   | -6.83E-11 |   | -.0196427   |   | .0005242     |   | 1.4273E-11  |   | 785.8547 |   | 4.0562E-05  |   | 7125839. |   |
| 576.000 |   | 2.67E-11  |   | -.0104509   |   | .0006713     |   | 4.5401E-12  |   | 785.8546 |   | -1.6037E-05 |   | 7197839. |   |
| 588.000 |   | 4.07E-11  |   | -.0035522   |   | .0004273     |   | 1.1039E-14  |   | 785.8546 |   | -2.4630E-05 |   | 7269839. |   |
| 600.000 |   | 2.70E-11  |   | -.0001946   |   | .0001804     |   | -1.2008E-12 |   | 785.8546 |   | -1.6520E-05 |   | 7341839. |   |
| 612.000 |   | 1.18E-11  |   | .0007844    |   | 3.7454E-05   |   | -1.0100E-12 |   | 785.8546 |   | -7.3127E-06 |   | 7413839. |   |
| 624.000 |   | 2.76E-12  |   | .0007091    |   | -1.6754E-05  |   | -5.2697E-13 |   | 785.8546 |   | -1.7219E-06 |   | 7485839. |   |
| 636.000 |   | -8.11E-13 |   | .0003848    |   | -2.4020E-05  |   | -1.7314E-13 |   | 785.8546 |   | 5.1082E-07  |   | 7557839. |   |
| 648.000 |   | -1.40E-12 |   | .0001335    |   | -1.5633E-05  |   | -5.4940E-15 |   | 785.8546 |   | 8.8702E-07  |   | 7629839. |   |
| 660.000 |   | -9.43E-13 |   | 9.6687E-06  |   | -6.6799E-06  |   | 4.0809E-14  |   | 785.8546 |   | 6.0518E-07  |   | 7701839. |   |
| 672.000 |   | -4.16E-13 |   | -2.7023E-05 |   | -1.4332E-06  |   | 3.5196E-14  |   | 785.8546 |   | 2.6928E-07  |   | 7773839. |   |
| 684.000 |   | -9.82E-14 |   | -2.4896E-05 |   | 5.6777E-07 1 |   | 1.8404E-14  |   | 785.8546 |   | 6.4207E-08  |   | 7845839. |   |
| 696.000 |   | 2.60E-14  |   | -1.3485E-05 |   | 8.5002E-07   |   | 5.9901E-15  |   | 785.8546 |   | -1.7165E-08 |   | 7917839. |   |
| 708.000 |   | 4.56E-14  |   | -4.5241E-06 |   | 5.5212E-07   |   | 1.6541E-16  |   | 785.8546 |   | -3.2486E-08 |   | 8556473. |   |
| 720.000 |   | 3.00E-14  |   | -2.3457E-07 |   | 2.2784E-07   |   | -1.3737E-15 |   | 785.8546 |   | -2.1560E-08 |   | 8628473. |   |
| 732.000 |   | 1.26E-14  |   | 9.5064E-07  |   | 4.3709E-08   |   | -1.1421E-15 |   | 785.8546 |   | -9.1281E-09 |   | 8700473. |   |
| 744.000 |   | 2.57E-15  |   | 8.1992E-07  |   | -2.2350E-08  |   | -5.6946E-16 |   | 785.8546 |   | -1.8817E-09 |   | 8772473. |   |
| 756.000 |   | -1.08E-15 |   | 4.1696E-07  |   | -2.8878E-08  |   | -1.6940E-16 |   | 785.8546 |   | 7.9386E-10  |   | 8844473. |   |
| 768.000 |   | -1.49E-15 |   | 1.2767E-07  |   | -1.7465E-08  |   | 6.7527E-18  |   | 785.8546 |   | 1.1083E-09  |   | 8916473. |   |
| 780.000 |   | -9.15E-16 |   | -2.2237E-09 |   | -6.7026E-09  |   | 4.7327E-17  |   | 785.8546 |   | 6.8539E-10  |   | 8988473. |   |
| 792.000 |   | -3.56E-16 |   | -3.3419E-08 |   | -9.7873E-10  |   | 3.5799E-17  |   | 785.8546 |   | 2.6859E-10  |   | 9060473. |   |
| 804.000 |   | -5.59E-17 |   | -2.5885E-08 |   | 8.8787E-10   |   | 1.6618E-17  |   | 785.8546 |   | 4.2507E-11  |   | 9132473. |   |
| 816.000 |   | 4.31E-17  |   | -1.2190E-08 |   | 9.4459E-10   |   | 4.3029E-18  |   | 785.8546 |   | -3.3054E-11 |   | 9204473. |   |

 

6

----

 
| 828.000 |   | 4.74E-17  |   | -3.2357E-09 |   | 5.2634E-10  |   | -6.8633E-19 |   | 785.8546 |   | -3.6654E-11 |   | 9276473. |   |
|---------|--------|-----------|--------|-------------|--------|-------------|--------|-------------|--------|----------|--------|-------------|--------|----------|--------|
| 840.000 |   | 2.66E-17  |   | 4.4552E-10  |   | 1.8199E-10  |   | -1.5888E-18 |   | 785.8546 |   | -2.0739E-11 |   | 9348473. |   |
| 852.000 |   | 9.28E-18  |   | 1.1397E-09  |   | 1.3824E-11  |   | -1.0761E-18 |   | 785.8546 |   | -7.2888E-12 |   | 9420473. |   |
| 864.000 |   | 7.95E-19  |   | 7.8245E-10  |   | -3.3682E-11 |   | -4.5439E-19 |   | 785.8546 |   | -6.2893E-13 |   | 9492473. |   |
| 876.000 |   | -1.62E-18 |   | 3.3346E-10  |   | -2.9705E-11 |   | -9.3463E-20 |   | 785.8546 |   | 1.2918E-12  |   | 9564473. |   |
| 888.000 |   | -1.45E-18 |   | 6.9970E-11  |   | -1.4978E-11 |   | 3.7021E-20  |   | 785.8546 |   | 1.1628E-12  |   | 9636473. |   |
| 900.000 |   | -7.32E-19 |   | -2.6180E-11 |   | -4.4462E-12 |   | 5.1185E-20  |   | 785.8546 |   | 5.9239E-13  |   | 9708473. |   |
| 912.000 |   | -2.20E-19 |   | -3.6985E-11 |   | 1.8212E-13  |   | 3.0755E-20  |   | 785.8546 |   | 1.7899E-13  |   | 9780473. |   |
| 924.000 |   | 5.90E-21  |   | -2.1957E-11 |   | 1.2270E-12  |   | 1.1691E-20  |   | 785.8546 |   | -4.8443E-15 |   | 9852473. |   |
| 936.000 |   | 6.10E-20  |   | -7.5923E-12 |   | 8.9537E-13  |   | 2.1340E-21  |   | 785.8546 |   | -5.0430E-14 |   | 9924473. |   |
| 948.000 |   | 5.71E-20  |   | -4.7806E-13 |   | 3.0731E-13  |   | -4.7623E-22 |   | 785.8546 |   | -4.7581E-14 |   | 9996473. |   |
| 960.000 |   | 4.95E-20  |   | -2.1465E-13 |   | 1.8678E-14  |   | -7.0027E-22 |   | 785.8546 |   | -5.2437E-16 |   | 126999.  |   |
| 972.000 |   | 4.03E-20  |   | -2.6414E-14 |   | 1.2798E-14  |   | -7.7824E-22 |   | 785.8546 |   | -4.5564E-16 |   | 135639.  |   |
| 984.000 |   | 3.09E-20  |   | 9.6248E-14  |   | 7.8376E-15  |   | -7.5566E-22 |   | 785.8546 |   | -3.7114E-16 |   | 144279.  |   |
| 996.000 |   | 2.22E-20  |   | 1.6532E-13  |   | 3.9153E-15  |   | -6.7106E-22 |   | 785.8546 |   | -2.8258E-16 |   | 152919.  |   |
| 1008.   |   | 1.48E-20  |   | 1.9344E-13  |   | 1.0273E-15  |   | -5.5502E-22 |   | 785.8546 |   | -1.9877E-16 |   | 161559.  |   |
| 1020.   |   | 8.85E-21  |   | 1.9263E-13  |   | -9.1880E-16 |   | -4.3015E-22 |   | 785.8546 |   | -1.2558E-16 |   | 170199.  |   |
| 1032.   |   | 4.44E-21  |   | 1.7345E-13  |   | -2.0693E-15 |   | -3.1175E-22 |   | 785.8546 |   | -6.6168E-17 |   | 178839.  |   |
| 1044.   |   | 1.37E-21  |   | 1.4447E-13  |   | -2.5949E-15 |   | -2.0892E-22 |   | 785.8546 |   | -2.1437E-17 |   | 187479.  |   |
| 1056.   |   | -5.74E-22 |   | 1.1218E-13  |   | -2.6672E-15 |   | -1.2591E-22 |   | 785.8546 |   | 9.3851E-18  |   | 196119.  |   |
| 1068.   |   | -1.65E-21 |   | 8.1059E-14  |   | -2.4420E-15 |   | -6.3414E-23 |   | 785.8546 |   | 2.8152E-17  |   | 204759.  |   |
| 1080.   |   | -2.10E-21 |   | 5.3872E-14  |   | -2.0494E-15 |   | -1.9773E-23 |   | 785.8546 |   | 3.7277E-17  |   | 213399.  |   |
| 1092.   |   | -2.12E-21 |   | 3.1968E-14  |   | -1.5899E-15 |   | 7.9907E-24  |   | 785.8546 |   | 3.9308E-17  |   | 222039.  |   |
| 1104.   |   | -1.90E-21 |   | 1.5675E-14  |   | -1.1344E-15 |   | 2.3400E-23  |   | 785.8546 |   | 3.6609E-17  |   | 230679.  |   |
| 1116.   |   | -1.56E-21 |   | 4.6298E-15  |   | -7.2776E-16 |   | 2.9968E-23  |   | 785.8546 |   | 3.1167E-17  |   | 239319.  |   |
| 1128.   |   | -1.19E-21 |   | -1.9348E-15 |   | -3.9382E-16 |   | 3.0839E-23  |   | 785.8546 |   | 2.4490E-17  |   | 247959.  |   |
| 1140.   |   | -8.23E-22 |   | -4.9699E-15 |   | -1.4133E-16 |   | 2.8606E-23  |   | 785.8546 |   | 1.7591E-17  |   | 256599.  |   |
| 1152.   |   | -4.99E-22 |   | -5.4641E-15 |   | 3.0342E-17  |   | 2.5231E-23  |   | 785.8546 |   | 1.1022E-17  |   | 265239.  |   |
| 1164.   |   | -2.17E-22 |   | -4.3628E-15 |   | 1.2620E-16  |   | 2.2053E-23  |   | 785.8546 |   | 4.9545E-18  |   | 273879.  |   |
| 1176.   |   | 3.06E-23  |   | -2.5412E-15 |   | 1.5160E-16  |   | 1.9820E-23  |   | 785.8546 |   | -7.2089E-19 |   | 282519.  |   |
| 1188.   |   | 2.59E-22  |   | -8.1948E-16 |   | 1.0963E-16  |   | 1.8733E-23  |   | 785.8546 |   | -6.2744E-18 |   | 291159.  |   |
| 1200.   |   | 4.80E-22  |   | 0.0000      |   | 0.0000      |   | 1.8468E-23  |   | 785.8546 |   | -1.1997E-17 |   | 149900.  |   |

 

7

----

 

OutputVerification:

Computed forcesand moments are within specified convergence limits.

 
| Output Summary  for Load Case No. |   | 1: |            |   |   |   |
|-----------------------------------|--------|----|-----------------|--------|--------|--------|
| Pile-head  deflection             |   | =  | .25000000       |   | in     |   |
| Computed slope  at pile head      |   | =  | -.00007464      |   |   |   |
| Maximum bending  moment           |   | =  | -1124338.       |   | lbs-in |   |
| Maximum shear  force              |   | =  | 19810.42808     |   | lbs    |   |
| Depth of maximum  bending moment  |   | =  | 0.00000         |   | in     |   |
| Depth of maximum  shear force     |   | =  | 0.00000         |   | in     |   |
| Number of  iterations             |   | =  |    13 |   |   |   |
| Number of zero  deflection points |   | =  | 14              |   |   |   |

 

**Summary of Pile Response(s)**
| Definition of Symbols for  Pile-Head Loading Conditions: |
|----------------------------------------------------------|
|                                                     |
| Type 1 = Shear  and Moment,                              |   | y = pile-head  displacment in |   |
| Type 2 = Shear  and Slope,                               |   | M = Pile-head  Moment lbs-in |   |
| Type 3 = Shear  and Rot. Stiffness,                      |   | V = Pile-head  Shear Force lbs |   |
| Type 4 =  Deflection and Moment,                         |   | S = Pile-head  Slope, radians |   |
| Type 5 =  Deflection and Slope,                          |   | R = Rot.  stiffness of Pile-head in-lbs/rad |   |

 
| **Load   Type** | ** ** | **Pile-Head  Condition  1** | ** ** | **Pile-Head  Condition  2** | ** ** | **Axial  Load  lbs** | ** ** | **Pile-Head  Deflection  in** | ** ** | **Maximum  Moment  in-lbs** | ** ** | **Maximum  Shear  lbs** | ** ** |
|----------------------|------------|-----------------------------|------------|-----------------------------|------------|----------------------|------------|-------------------------------|------------|-----------------------------|------------|-------------------------|------------|
| 5                    |       | y= .250000                  |       | S=0.000                     |       | 200000.              |       | .2500000                      |       | -1124338.                   |       | 19810.4281              |       |

 

**Computed Pile-head Stiffness Matrix MembersK22, K23, K32, K33 for Superstructure**
| Top y   in | ** ** | **Shear React.   lbs** | ** ** | **Mom. React.   in-lbs** | ** ** | **K22  lbs/in** | ** ** | **K32   in-lbs/in** | ** ** |
|----------------------|------------|----------------------------------|------------|------------------------------------|------------|-----------------|------------|--------------------------|------------|
|                 |       |                             |       |                               |       |            |       |                     |       |
| 1.859054E-08         |       | .02500000                        |       | .48633790                          |       | 1344770.        |       | 26160504.                |       |
| 5.596310E-08         |       | .07525750                        |       | 1.46402294                         |       | 1344770.        |       | 26160504.                |       |
| 8.869942E-08         |       | .11928031                        |       | 2.32042145                         |       | 1344770.        |       | 26160504.                |       |
| 1.119262E-07         |       | .15051500                        |       | 2.92804587                         |       | 1344770.        |       | 26160504.                |       |
| 1.299423E-07         |       | .17474250                        |       | 3.39935599                         |       | 1344770.        |       | 26160504.                |       |
| 1.446625E-07         |       | .19453781                        |       | 3.78444439                         |       | 1344770.        |       | 26160504.                |       |
| 1.571083E-07         |       | .21127451                        |       | 4.11003199                         |       | 1344770.        |       | 26160504.                |       |
| 1.678893E-07         |       | .22577250                        |       | 4.39206881                         |       | 1344770.        |       | 26160504.                |       |
| 1.773988E-O7         |       | .23856063                        |       | 4.64084291                         |       | 1344770.        |       | 26160504.                |       |
| 1.859054E-07         |       | .25000000                        |       | 4.86337892                         |       | 1344770.        |       | 26160504.                |       |

 

8

----

 
| Top Rota.  rad | ** ** | **Shear React.   lbs** | ** ** | **Mom. React.   in-lbs** | ** ** | **K23  Ibs/rad** | ** ** | **K33  in-lbs/rad** | ** ** |
|---------------------|------------|----------------------------------|------------|------------------------------------|------------|------------------|------------|---------------------|------------|
| 9.986907E-09        |       | .26126251                        |       | 10.00000015                        |       | 26160504.        |       | 1.001311E+09        |       |
| 3.006358E-08        |       | .78647852                        |       | 30.10299957                        |       | 26160504.        |       | 1.001311E+09        |       |
| 4.764965E-08        |       | 1.24653896                       |       | 47.71212547                        |       | 26160504.        |       | 1.001311E+09        |       |
| 6.012717E-08        |       | 1.57295703                       |       | 60.20599913                        |       | 26160504.        |       | 1.001311E+09        |       |
| 6.980548E-08        |       | 1.82614657                       |       | 69.89700043                        |       | 26160504.        |       | 1.001311E+09        |       |
| 7.771324E-08        |       | 2.03301747                       |       | 77.81512504                        |       | 26160504.        |       | 1.001311E+09        |       |
| 8.439915E-08        |       | 2.20792434                       |       | 84.50980400                        |       | 26160504.        |       | 1.001311E+09        |       |
| 9.019075E-08        |       | 2.35943555                       |       | 90.30899870                        |       | 26160504.        |       | 1.001311E+09        |       |
| 9.529931E-08        |       | 2.49307791                       |       | 95.42425094                        |       | 26160504.        |       | 1.001311E+09        |       |
| 9.986906E-08        |       | 2.61262508                       |       | 100.00000                          |       | 26160504.        |       | 1.001311E+09        |       |

----

| K22 | = |   | abs (Shear  Reaction/Top y)         |   |
|-----|---|--------|-------------------------------------|--------|
| K23 | = |   | abs (Shear  Reaction/Top Rotation)  |   |
| K32 | = |   | abs (Moment  Reaction/Top y)        |   |
| K33 | = |   | abs (Moment  Reaction/Top Rotation) |   |

 

**Pile-head Deflection vs. Pile Length**

Boundary Condition Type 5, Deflection and Slope
| Deflection |   | = |   | .25000         |   |  in  |   |
|------------|--------|---|--------|----------------|--------|-----------|--------|
| Slope      |   | = |   |  .00000   |   |      |   |
| Axial Load |   | = |   |   200000. |   |  lbs |   |

 
| Pile  Length   in | ** ** | **Pile Head   Deflection   in** | ** ** | **Maximum   Moment   in-lbs** | ** ** | **Maximum   Shear   lbs** | ** ** |
|------------------------|------------|------------------------------------------------|------------|-----------------------------------------|------------|-------------------------------------|------------|
| 1200.000               |       | .25000000                                      |       | -1124338.                               |       | 19810.42808                         |       |
| 1140.000               |       | .25000000                                      |       | -1120801.                               |       | 19747.70084                         |       |
| 1080.000               |       | .25000000                                      |       | -1127272.                               |       | 19836.03347                         |       |
| 1020.000               |       | .25000000                                      |       | -1116311.                               |       | 19660.20842                         |       |
|   960.000    |       | .25000000                                      |       | -1119949.                               |       | 19710.22334                         |       |
|   900.000    |       | .25000000                                      |       | -1121815.                               |       | 19729.75818                         |       |
|   840.000    |       | .25000000                                      |       | -1121935.                               |       | 19722.48509                         |       |
|   780.000    |       | .25000000                                      |       | -1119797.                               |       | 19683.69636                         |       |
|   720.000    |       | .25000000                                      |       | -1127681.                               |       | 19792.87201                         |       |
|   660.000    |       | .25000000                                      |       | -1131032.                               |       | 19837.64107                         |       |

 

The analysis ended normally.

9

----

**Lateral Deflection(in)**

****

----

**UnfactoredBending Moment (in-kips)**

****

----

**ShearForce (kips)**

****

----

**Mobilized Soil Reaction (lbs/in)**

****

----

**GUIDELINES, AUGEREDCAST-IN-PLACE (ACIP) PILE SPECIFICATION**1

**TABLE OF CONTENTS**
| 1.0    | General                                 | 1      |
|--------|-----------------------------------------|--------|
|   |                                    |   |   |   |
| 1.1    | Scope                                   |   | 1 |
|   |                                    |   |   |
| 1.2    | Pile Contractor Qualifications          |   | 1 |
|   |                                    |   |   |
| 1.3    | System Description                      |   | 1 |
|   |                                    |   |   |
| 1.4    | Site Conditions                         |   | 1 |
|   |                                    |   |   |
| 1.5    | Submittals                              |   | 1 |
|   |                                    |
| 1.5.1  | Working Drawings/Documents              |   | 1 |
|   |                                    |   |   |
| 1.5.2  | Records                                 |   | 2 |
|   |                                    |
| 1.6    | 1.6 Installation Inspection and Testing |   | 2 |
|   |                                    |   |
| 1.6.1  | Installation                            |   | 2 |
|   |                                    |   |   |
| 1.6.2  | Pile Inspector                          |   | 3 |
|   |                                    |   |   |
| 1.6.3  | Grout Sampling and Testing              |   | 3 |
|   |                                    |   |   |
| 1.6.4  | Contractor Obligations                  |   | 3 |
|   |                                    |   |
| 2.0    | Products                                |   | 3 |
|   |                                    |   |   |
| 2.1    | Pile Materials                          |   |   | 3 |
|   |                                    |   |   |
| 2.1.1  | Grout                                   |   |   | 3 |
|   |                                    |   |   |   |
| 2.1.2  | Reinforcing                             |   |   | 4 |
|   |                                    |   |   |
| 2.2    | Equipment                               |   |   | 5 |
|   |                                    |   |   |
| 2.2.1  | Augering Equipment                      |   |   | 5 |
|   |                                    |   |   |   |
| 2.2.2  | Mixing and Pumping Equipment            |   |   | 5 |
|   |                                    |   |   |   |
| 2.2.3  | Automated Monitoring Equipment (AME)    |   |   | 6 |
|   |                                    |   |   |
| 2.3    | Testing Materials                       |   |   | 6 |
|   |                                    |   |   |
| 2.3.1  | Load Test Instrumentation               |   |   | 6 |
|   |                                    |   |   |   |
| 2.3.2  | Materials Associated with NDT           |   |   | 6 |
|   |                                    |   |   |   |
| 3.0    | Installation                            |   |   | 6 |
|   |                                    |   |   |
| 3.1    | Pre-Construction Meeting                |   |   | 6 |
|   |                                    |   |   |   |
| 3.2    | Indicator Piles                         |   |   | 6 |
|        |                                         |        |  |  |  |  |  |  |  |  |  |

 

----

(1)    *Augered Cast-In-Place Pile Manual*,Prepared by the Augered Cast-In-Place Pile Committee of The Deep FoundationsInstitute, Hawthorne, NJ, Second Edition, 2003.

i

----

 
| 3.3    | Pile Load Tests           | 6      |
|--------|---------------------------|--------|
|   |                      |   |
| 3.4    | Installation Procedure    | 6      |
|   |                      |   |
| 3.4.1  | Tolerance                 | 6      |
|   |                      |   |
| 3.4.2  | Lengths                   | 7      |
|   |                      |   |
| 3.4.3  | Bottom Plug               | 7      |
|   |                      |   |
| 3.4.4  | Auger Rate                | 7      |
|   |                      |   |
| 3.4.5  | Refusal                   | 7      |
|   |                      |   |
| 3.4.6  | Expelling Bottom Plug     | 7      |
|   |                      |   |
| 3.4.7  | Grout Head/Ratio          | 7      |
|   |                      |   |
| 3.4.8  | Redrilling                | 7      |
|   |                      |   |
| 3.4.9  | Auger Withdrawal/Rotation | 8      |
|   |                      |   |
| 3.4.10 | Spoils                    | 8      |
|   |                      |   |
| 3.4.11 | Reinforcement             | 8      |
|   |                      |   |
| 3.4.12 | Adjacent Piles            | 8      |
|   |                      |   |
| 3.5    | Obstructions              | 8      |
|   |                      |   |
| 3.6    | Pile Completion           | 8      |
|   |                      |   |
| 3.7    | Post-Construction Testing | 9      |
|   |                      |   |
| 3.8    | Pile Acceptance           | 9      |
|   |                      |   |
| 4.0    | Payment                   | 9      |
|        |                           |        |  |  |

 

ii

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**1.0  GENERAL**

**1.1****      Scope**

The Pile Contractor shall furnish all labor,materials, tools and equipment necessary for furnishing, installing, andtesting Augered Cast-In-Place (ACIP) piles as shown on the Contract Drawingsand as specified herein.

**1.2****      Pile ContractorQualifications**

The ACIP piles shall be installed by an experiencedPile Contractor who, upon request of the Architect/Engineer, shall submitevidence of successful ACIP pile installation under similar job and subsurfaceconditions, including a job supervisor who shall have a minimum of five yearsof method specific experience.

**1.3****      System Description**

ACIP piles shall be constructed by rotating acontinuous-flight, hollow-shaft auger into the ground to the specified piledepth, embedment into the bearing stratum, or until the specified refusalcriteria is satisfied. Grout shall then be injected through the auger shaft, asthe auger is withdrawn, to exert a positive upward grout pressure as well as apositive lateral pressure on the soil surrounding the grout-filled pile hole.The specified reinforcement is then typically installed to complete the pileinstallation.

**1.4****      Site Conditions**

a.                         ThePile Contractor shall examine the areas and conditions under which piles are tobe installed and notify the General Contractor and/or Architect/Engineer inwriting of conditions detrimental to the proper and timely completion of thework.

b.                        Protection:Protect structures, underground utilities, and other construction from damagecaused by pile installation.

**1.5****      Submittals**

*1.5.1 WorkingDrawings/Documents*

Before commencing work, the Pile Contractor shallsubmit the following for review/approval by the Architect/Engineer.

a.                         Descriptionof the pile drilling and grout pumping equipment to be utilized.

b.                        Proposedpile grout mix design and descriptions of materials to be used. Thesedescriptions shall be sufficiently detailed to indicate compliance with thespecifications, and include either: 1) laboratory tests of trial mixes madewith the proposed materials, or 2) laboratory tests of the proposed mix used onprevious projects. Provide delivery

1

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tickets identifying product/name and/or mix code foruse in verifying material delivered in the field.

c.                         Proposedpile reinforcement configuration and means, method, and sequence ofinstallation (if applicable). Include: method of centralizing reinforcementwithin grouted shaft, type and size of device, and locations of reinforcement.

d.                        Apile identification plan referencing the structural plans showing the locationand a numbering system to identify each individual pile.

e.                         Ifpile load tests are specified, a dimensioned sketch of the loading arrangement,including sizes of primary members, data on resting and measuring equipmentincluding required current jack, dial gauge, and/or load cell and monitoringinstrumentation calibrations. Include load testing methods, loading scheduleand duration.

f.                           Ifspecified for the project, a description of the proposed automated monitoringequipment (AME) to measure and record drilling progress during the augeringphase, and incremental volume pumped during the grouting phase.

g.                        Ifspecified for the project, a description of the method of non-destructivetesting (NDT) to be performed on selected ACIP piles.

*1.5.2*  Records

a.                         Recordsshall be kept for each pile installed. Such records shall include, at aminimum: project name and number, Pile Contractor, pile location and designpile capacity, pile diameter, tip elevation, drilling ground surface elevation,total and incremental volume of grout placed, amount of water (if any) added tothe ready mix grout truck at the job site, pile reinforcing steel, and anyunusual occurrences during the pile installation.

b.                        Submitcopies of the installation record of each pile no later than the morning of thenext working day after the pile was placed. “Problem piles” should be reportedas soon as the problem is detected, whatever it is, so that the situation canbe immediately rectified and redrilling/regrouting or replacement piles can beaddressed.

c.                         Loadtest reports shall be prepared in accordance with the applicable ASTM and/orgoverning Code Standards.

**1.6****      Installation Inspection andTesting**

*1.6.1*   Installation

The ACIP pileinstallation work shall be subject to quality control inspection and testing.At a minimum, the pile installation shall be inspected, and the grout shall besampled and tested.

2

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*1.6.2*   Pile Inspector

The Inspector will observe the pile installationoperation and report the observation results. Report records shall include theinformation identified in Section 1.5.2.

*1.6.3*   Grout Sampling and Testing

*Grout shall be sampled and tested bya qualified Testing Agency to verify the grout’s compressive strength. Thenumber of samples and schedule of tests shall be outlined in Paragraph 2.1.1.f,herein.*

*1.6.4*   Contractor Obligations

*The Pile Contractor shall cooperatewith the Inspector and the Testing Agency personnel in the performance of theirwork. The presence of the Inspection/Testing personnel shall in no way relievethe Pile Contractor of his obligation to perform the pile installation inaccordance with the Contract Drawings and these Specifications.*

**2.0  PRODUCTS**

**2.1****      Pile Materials**

*2.1.1*   Grout

a.                         PortlandCement – Portland cement shall conform to current ASTM standards, designationC150.

b.                        MineralAdmixture – Mineral admixture, if used, shall be flyash or natural pozzolanwhich can combine with the lime liberated during the process of hydration ofPortland cement to form compounds containing cementitious properties. Thematerial shall conform to ASTM C618, Class C or Class F.

c.                         Fluidifier– Fluidifier shall increase the fluidity of the mixture and act as a waterreducing agent and retardant without adversely impacting the design compressivestrength of the grout mix.

d.                        Water– Water shall be potable, fresh, clean, and free of sewage, oil, acid, alkali,salts, organic matter, suspended solids, or other materials that may bedetrimental to the grout. Recycled/reclaimed water may be used provided itsinclusion and associated temperature does not adversely impact the designcompressive strength of the mix.

e.                         FineAggregate – Sand utilized as fine aggregate shall meet the requirements of ASTMC33.

f.                           GroutMixes – The grout shall consist of Portland cement, fine aggregate, and water,and may also contain a mineral admixture and approved fluidifier. Thecomponents shall be

3

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proportioned and mixed to produce a grout capable ofmaintaining the solids in suspension and being efficiently pumped. Thesematerials shall be proportioned to produce a hardened grout which will achievethe design strength within 28 days. The design 28-day grout strength for thisproject shall be 3,000 lbs/in2. All materials shall be accurately measured as they arefed to the mixer.

Time of mixing shall be not less than one minute atthe site. If agitated continuously, the grout may be held in the mixer oragitator for a period not exceeding two and one-half hours at grouttemperatures below 70° F and for a period not exceeding two hours attemperatures not exceeding 100° F. Grout shall not be placed when itstemperature falls below 40° F or exceeds 100° F, unless approved procedures forcold or hot weather grouting are followed. Protect grout from physical damageor reduced strength which could be caused by frost, freezing action, or lowtemperature or from damage during high temperatures in accordance with ACI305/306. When ambient outdoor temperatures exceed 95° F, a grout temperature ofup to 105° F may be allowed, provided the mixing time is reduced to 1 hour anda set retarder is added to the mix.

The grout mix shall be sampled and tested using a setof six (6) two inch cubes for each 50 yd3 of grout placed, or at least one setfor each day during which piles are placed. A set of samples shall betaken/tested from each truck of grout delivered during indicator pileinstallation. Two cubes shall be tested at 7 days, two cubes tested at 28 days,and two cubes held in reserve. Cubes shall be cured and tested in accordancewith ASTM C109. Cube specimens shall be restrained from expansion as describedin ASTM C942.

g.                        AddingWater to Grout On-Site – Adding water to the grout on-site is sometimesnecessary to provide a consistent grout mixture prior to pumping. The amount ofwater that may be added to provide both consistent and adequate flowcharacteristics must not compromise the specified grout strength or, ifspecified, the water/cement ratio. The total amount of water required toprovide adequate flow may exceed the amount listed in the mix design. In thiscase, the amount of added water should be recorded by the Testing Agency andthe Inspector, with samples taken for compression testing.

*2.1.2*   Reinforcing

a.                         Reinforcingbars shall conform to the requirements of ASTM A615, Grade 60.

b.                        ReinforcingBar Fabrication – Reinforcing steel assemblies shall be detailed and fabricatedin accordance with the latest Standard Practice for Detailing ReinforcedConcrete Structures manual (ACI 315 – latest edition).

4

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c.                         Acceptablemethods shall be provided to facilitate proper centering of steel reinforcementinstalled in the piles.

**2.2****      Equipment**

*2.2.1 Augering Equipment*

The augering equipment shall be capable of advancingthe specified diameter auger to the specified embedment within the bearingstrata.

The auger flighting shall be continuous from the augerhead to the top of auger without gaps or other breaks. The auger flightingshall be uniform in diameter throughout its length and shall be the diameterspecified for the piles less a maximum of 3 percent. The auger cutting teethshall be regularly inspected for wear, and shall be replaced if theabove-specified reduction in diameter tolerance occurs.

The hole through which the grout is pumped into thepile shall be located at the bottom of the auger head below the cutting teeth.

Augers over 40 ft in length shall contain a middleguide.

The piling leads should be prevented from rotating bya stabilizing arm, by firmly placing the bottom of the leads into the ground,or by some other acceptable means. Leads shall be marked at one-foot intervals numberedat least every 5 ft to facilitate measurement of auger penetration.

*2.2.2 Mixing and PumpingEquipment*

Only approved mixing and pumping equipment shall beused to prepare and handle the grout. A screen to remove oversize particlesshall be placed at the pump hopper or inlet. All oil and other rust inhibitorsshall be removed from mixing drums and grout pumps. All materials shall besufficient to produce a homogeneous grout of the desired consistency andstrength.

The grout pump shall be a positive displacement pumpcapable of developing displacement pressures at the pump not less than 350lbs/in2. Thegrout pump shall be equipped with an operable pressure gauge and stroke counterin clear view of the equipment operator. The grout pump shall be calibrated atthe beginning of the work to determine the volume of grout pumped per stroke,and should be periodically recalibrated when deemed necessary by the Inspectorduring the project. A positive method of counting grout pump strokes shall beprovided by the Pile Contractor. Such methods may include digital or mechanicalstroke counters or other acceptable methods.

5

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*2.2.3 Automated MonitoringEquipment (AME)*

Piles may be specified for installation and monitoringduring installation to obtain incremental pumped grout volumes using automatedmonitoring equipment (AME).

**2.3****      Testing Materials**

*2.3.1 Load TestInstrumentation*

Load test instrumentation specified to be installed inthe test pile(s) shall be identified on a drawing showing the type ofinstrument and elevation.

*2.3.2 Materials Associatedwith NDT*

Piles may be specified to be evaluated utilizing NDT.

**3.0  INSTALLATION**

**3.1****      Pre-Construction Meeting**

A pre-construction meeting shall be held prior to ACIPpile installation equipment mobilization at the site. The meeting shall beattended by the Owner, the Architect/Engineer, the Designer, the GeotechnicalEngineer, the Inspector, the grout testing agency, the General Contractor, andthe Pile Contractor. At the meeting, the ACIP pile installation means/methods,inspection, acceptance/rejection procedures, and testing procedures shall bediscussed and formalized. Any supplemental or modified procedures agreed to atthe meeting shall be documented in writing and distributed to all attendeesprior to the start of work.

**3.2****      Indicator Piles**

There are no indicator piles required for thisproject.

**3.3****      Pile Load Tests**

No load testing is required for this project.

**3.4****      Installation Procedure**

*3.4.1 Tolerance*

Piles shall be located as shown on the drawings or asotherwise directed by the Architect/Engineer. Pile centers shall be located toan accuracy of ±3 inches. Vertical piles shall be plumb within two percent.Piles shall be installed to within four percent of the specified incline (or “batter”)as determined by the angle from horizontal.

6

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*3.4.2 Lengths*

The length and drilling criteria for production pileswill be determined by the Geotechnical Engineer based on his review of theindicator/probe piles installation, reaction piles and/or test piles, and thepile load tests.

*3.4.3 Bottom Plug*

The hole in the bottom of the hollow stem auger shallbe closed with a suitable plug to prevent soil intrusion into the stem whilebeing advanced into the ground. The plug shall be removed by grout pressure orwith the reinforcing bar.

*3.4.4 Auger Rate*

Advance the auger at a continuous rate to preventremoval of excess soil. Stop advancement after reaching the required embedmentinto the bearing strata or refusal criteria.

*3.4.5 Refusal*

Auger refusal is defined as a rate of auger penetrationof less than 1 foot per minute of drilling.

*3.4.6 Expelling Bottom Plug*

At the start of grout pumping, lift the auger 6 to 12inches from the bottom to facilitate expelling the tip plug. The auger shallthen be lowered back down to the previously established tip elevation.

*3.4.7 Grout Head/Ratio*

Prior to raising the auger, a minimum theoreticalinitial grout head of 5 ft shall be pumped. Positive rotation of the augershall be maintained at all times during placement of the grout. The rate ofgrout injection and auger withdrawal shall be coordinated to maintain:  the minimum grout head at all times, and thetotal grout volume of at least 125 percent of the theoretical volume for eachpile depth increment. After grout is flowing at the ground surface from theauger flighting, the rate of grout injection and auger withdrawal shall becoordinated so that there is at least 100 percent of the theoretical volume foreach subsequent depth increment. If grout pumping is interrupted for anyreason, or discontinued grout or slurry return at the ground surface isobserved, the Pile Contractor shall lower the auger at least 5 ft below thelevel where the interruption occurred while continuously pumping grout. Thegrout quantity shall be determined by counting pump strokes and using thepredetermined grout volume per pump stroke.

*3.4.8 Redrilling*

If less than the specified minimum grout factor isplaced in any 5-ft increment (at least until the grout head on the augerflighting reaches the ground surface), the auger shall be lowered 5 ft or

7

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to the bottom of the pile if that is less, followed bycontrolled auger withdrawal while maintaining grout injection.

*3.4.9 AugerWithdrawal/Rotation*

Auger turning and hoisting equipment shall be providedto enable the auger’s continuous rotation in a positive (clockwise) directionwhile being withdrawn at a steady, continuous rate during grout pumping.

*3.4.10 Spoils*

The excess spoil that accumulates around the auger dueto the drilling process and grout injection shall be promptly cleared away.

*3.4.11Reinforcement*

Pile reinforcement shall be installed immediately uponcompletion of the grouting operation, and before the grout reaches its initialset; single bars may be installed through the center of the hollow stem ofaugers so fitted prior to grouting. The reinforcement shall be free of soil,auger spoil, or other deleterious materials prior to insertion into the groutedshafts. The reinforcement shall fall freely under its own weight to thespecified level within the shaft; vibration or pushing of the cage withequipment shall not be undertaken unless permitted by the Architect/Engineer.

*3.4.12 AdjacentPiles*

Adjacent piles with six pile diameters, center tocenter, shall not be installed within 12 hours of each other.

**3.5****      Obstructions**

If non-augerable material is encountered above thedesired tip elevation, such as cobbles, boulders, rock, metal, timbers ordebris which causes auger refusal (as defined in Paragraph 3.4.5, herein), thepile shall be completed to the depth of the non-augerable material inaccordance with these specifications. The length of such short piles shall beincluded in the total linear feet of pile for payment. If required by theArchitect/Engineer, additional adjacent piles shall be placed and the length ofthese additional piles shall also be included in the total linear feet of pilesfor payment.

**3.6****      Pile Completion**

a.                         Thelevel of grout in completed piles shall be periodically inspected forsettlement. Should grout settlement occur, the pile may be filled with groutprovided any deleterious materials that may have accumulated on top of thesettling grout are completely removed. The level of grout should not bepermitted to settle below the groundwater

8

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level prior to initial set. Special attention shouldbe paid to inspecting the level of grout in a completed pile while installingan adjacent pile.

b.                        Wherethe pile cutoff is near or above the surrounding ground surface or above thebottom of the excavation, sleeves or casing of the proper diameter at least 18inches in length shall be placed around the pile tops. Removal of fluid groutby dipping or any other means in a completed pile prior to the grout attainingits initial set shall only be performed if approved by the GeotechnicalEngineer and if witnessed by the Inspector.

c.                         Cutoff the tops of piles, square with pile axis and at the elevations indicated byremoving fresh grout from the top of the pile or by cutting off hardened groutdown to final cutoff point at any time after initial set has occurred.

**3.7****      Post-Construction Testing**

Completed piles or questionable piles may be specifiedfor post-construction non-destructive testing (NDT).

**3.8****      Pile Acceptance**

The Architect/Engineer will evaluate the pileinstallation data obtained by the Inspector, grout sampling/testing dataprovided by the Testing Agency, and any supplemental information provided bythe Geotechnical Engineer and determine the acceptability of the completedpiles. The Architect/Engineer will notify the Pile Contractor if a pile is notin conformance with the specifications.

**4.0  PAYMENT**

The base bid shall be for the total linear feet ofpiles called for on the drawings and in the specifications.  Payment for increase or decrease in actualtotal pile footage installed and increase or decrease in the number of pilesinstalled shall be in accordance with the respective unit prices in theContract.  Payment for changes in thenumber of pile load tests shall be in accordance with the respective unitprices in the Contract.

9

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|            | ** ** | May 17, 2007  Project No. 1649352-19-05 |
|------------|------------|-----------------------------------------|
| ** ** | ** ** |                                    |

Mr. Mark CoatsRegional Dry Mill Project EngineerAventine Renewable Energy, Inc.1300 South Second StreetPekin, Illinois 61554

**Re:****                Results of aGeophysical Investigation Proposed Mount Vernon Dry Mill Ethanol PlantMount Vernon, IN**

Dear Mr. Coats:

**WeaverBoos Consultants, LLC** (WBC) has prepared the following reportto document the procedures and findings from geophysical surveys performed atthe proposed Mount Vernon Dry Mill Ethanol Plant in Mount Vernon, Indiana. Thiswork was completed in general accordance with our Proposal No. P70129 datedApril 9, 2007, and was authorized by you on April 16, 2007. The scope of workincluded ten electrical resistivity soundings, six test pits and thermalresistivity tests, and one seismic survey to evaluate shear wave velocitiesthrough the Multi-channel Analysis of Surface Wave (MASW) method.  Shear wave velocities were used to calculatethe shear moduli presented in our Final Geotechnical Exploration Report. Theresults of our findings are presented below.

**SOILRESISTIVITY SURVEYING**

Soil resistivitymeasurements were recorded at ten sounding locations as shown in **Figure 1**. Measurements were recorded usinga four-electrode Wenner array in general accordance with ASTM Standard G57-95a(2001) “Standard Test Method for Field Measurement of Soil Resistvity Using theWenner Four Electrode Method” and IEEE No. 442-1981 “IEEE Guide for MeasuringEarth Resistivity, Ground Impedance, and Earth Surface Potentials of a GroundSystem”. A STING R1 Resistivity Meter from Advanced Geosciences, Inc. was usedto record the data. Apparent resistivity values were calculated at a-spacingsof 3, 6, 9, 12, and 15 ft as

***WeaverBoos Consultants, LLC***

Three FirstNational Plaza70 West MadisonSuite 4250Chicago, Illinois 60602

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designated by Bibb &Associates. A minimum of three measurements were recorded at each a-spacing;the value with lowest percent error is presented in **Table 1**. Electrodes were expanded in the direction of thedouble-arrow shown in **Figure 1**.

**THERMALRESISTIVITY TESTING**

Soil thermal resistivitytests were performed in general accordance with ANSI/IEEE Standard 442-1996 “Guideto Soil Resistivity Measurements”. WBC used a KD2 Pro Portable ThermalProperties Sensor to measure thermal resistivity in six test pits at thelocations shown in **Figure 1**. Thisinstrument is in compliance with the ANSI/IEEE standard and uses asingle-needle sensor to measure the thermal resistivity or conductivity of themedium. A 10 cm needle was used for all measurements to conform to ASTM andIEEE standards. Two measurements were recorded at a depth of 5 ft below groundsurface approximately 15 minutes apart to allow the needle to equilibratebetween readings. The needle sensor was inserted in a Styrofoam block betweenmeasurements. Thermal conductivity (W/moC),thermal resistivity (cmoC/W) and volumetric specificheat (C) results are tabulated in **Table 2**.

**MULTI-CHANNELANALYSIS OF SURFACE WAVES (MASW)**

Active and passivesurface wave techniques were used to determine shear wave velocity profiles(Vs) along one seismic spread near the north end of the site (see **Figure 1**). Unlike former methods whichutilized a source and two receivers in three boreholes, testing with the MASWmethod is performed at the surface, and relies on the dispersive character ofthe Rayleigh waves. The “active” portion of data collection is similar to thatof seismic refraction. Surface waves are generated by a dynamic source, in thiscase a sledge hammer and steel plate offset 20 ft from each end of the seismicline. The various wavelengths of the surface waves were monitored by amulti-channel seismograph and 24 receivers (4.5 Hz geophones) installed in theground at 5 ft intervals. Each record was recorded using a 1-second record with1⁄2 millisecond sampling interval. The effective exploration depth of the activetest is estimated at one-half the spread length, or approximately 50 to 60 ftbelow ground surface (bgs).

The “passive” portion ofthe data collection essentially measures the ambient noise, i.e. surface wavesgenerated from passing traffic, wind, etc. Geophone spacing was increased to 10ft, and record length was increased to 32 seconds with a 2-millisecond samplinginterval. The dispersion curve for the passive test is defined as the lowerenvelope of the Rayleigh wave

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energy, which represents greater depths. By integrating the active andpassive tests, the method is capable of exploring depths over 100 ft bgs.

Rayleigh wave velocity isdetermined by the material properties (primarily shear wave velocity) of thesubsurface. The Rayleigh wave dispersion curve is obtained by a wavefieldtransformation of the seismic field record, which effectively isolates thesurface wave energy from the body waves. The surface wave dispersion curve isthen modeled or inverted to obtain a shear wave velocity profile. For thisinvestigation, the program SurfSeis v.2.05 by the Kansas Geological Survey wasused to analyze the combined active and passive dataset. However, wildvariations observed in the near surface data were not considered realistic, andas a result the data were also analyzed in the program SeisImager.

The dispersion curves andshear wave velocity profiles created in both programs are presented in **Figures 2**(SurfSeis) and **3**(SeisImager). The general trends andlayer boundaries of the interpreted results are generally consistent betweenthe two programs, with several important differences. For example, the shallowdata (0-20 ft ± bgs) on the SeisImager inversion (see **Figure 3**) are more realistic and aretherefore considered more reliable that those from SurfSeis. The dispersioncurve from SeisImager also permitted slightly deeper interpretation, andappears to show the bedrock interface at approximately 121 ft bgs. Although thetrends on the two profiles are very similar, the magnitude of interpreted shearwave velocities appears to be greater on the SurfSeis inversion. Despite thesedifferences, average shear wave velocities on both profiles is greater than 600ft/second. Individual shear velocities for each interval are included on theSurfSeis inversion (see **Figure 2**).Average shear wave velocities were used to calculate the shear moduli, theresults of which are presented in our Final Geotechnical Exploration Report.

*                     *                     *

We were pleased to be ofservice to you on this project. If you have any questions or comments, pleasedo not hesitate to contact the undersigned at 630.717.4848.

Sincerely,

**WeaverBoos Consultants, LLC**

Bridget L. SierackeSenior Geophysicist

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**Table1:  Soil Resistivity Data**

**R6**

 
| **a (ft)** | ** ** | **R (ohms)** | ** ** | **% error** | ** ** | **apparent resistivity (ohm-ft)** | ** ** | **apparent resistivity (ohm-cm)** | ** ** |
|-----------------|------------|-------------------|------------|------------------|------------|---------------------------------------------|------------|---------------------------------------------|------------|
| 3               |       |              | 3.728      |             | 0          |                                        | 70.27      |                                        | 2142.38    |   |
| 6               |       |              | 2.183      |             | 0          |                                        | 82.3       |                                        | 2509.15    |   |
| 9               |       |              | 1.324      |             | 0          |                                        | 74.89      |                                        | 2283.23    |   |
| 12              |       |              | 1.098      |             | 0          |                                        | 82.8       |                                        | 2524.39    |   |
| 15              |       |              | 0.906      |             | 0          |                                        | 85.4       |                                        | 2603.66    |   |

 

**R7**

** **
| **a (ft)** | ** ** | **R (ohms)** | ** ** | **% error** | ** ** | **apparent resistivity (ohm-ft)** | ** ** | **apparent resistivity (ohm-cm)** | ** ** |
|-----------------|------------|-------------------|------------|------------------|------------|---------------------------------------------|------------|---------------------------------------------|------------|
| 3               |       |              | 3.539      |             | 0          |                                        | 66.7       |                                        | 2033.54    |   |
| 6               |       |              | 1.914      |             | 0          |                                        | 72.17      |                                        | 2200.30    |   |
| 9               |       |              | 1.301      |             | 0          |                                        | 73.55      |                                        | 2242.38    |   |
| 12              |       |              | 1.05       |             | 0          |                                        | 79.19      |                                        | 2414.33    |   |
| 15              |       |              | 0.898      |             | 0          |                                        | 84.66      |                                        | 2581.10    |   |

 

**R8**

 
| **a (ft)** | ** ** | **R (ohms)** | ** ** | **% error** | ** ** | **apparent resistivity (ohm-ft)** | ** ** | **apparent resistivity (ohm-cm)** | ** ** |
|-----------------|------------|-------------------|------------|------------------|------------|---------------------------------------------|------------|---------------------------------------------|------------|
| 3               |       |              | 3.471      |             | 0          |                                        | 65.43      |                                        | 1994.82    |   |
| 6               |       |              | 2.009      |             | 0          |                                        | 75.72      |                                        | 2308.54    |   |
| 9               |       |              | 1.419      |             | 0          |                                        | 80.26      |                                        | 2446.95    |   |
| 12              |       |              | 1.03       |             | 0          |                                        | 77.67      |                                        | 2367.99    |   |
| 15              |       |              | 0.861      |             | 0          |                                        | 81.11      |                                        | 2472.87    |   |

 

**R9**

 
| **a (ft)** | ** ** | **R (ohms)** | ** ** | **% error** | ** ** | **apparent resistivity (ohm-ft)** | ** ** | **apparent resistivity (ohm-cm)** | ** ** |
|-----------------|------------|-------------------|------------|------------------|------------|---------------------------------------------|------------|---------------------------------------------|------------|
| 3               |       |              | 3.523      |             | 0          |                                        | 66.41      |                                        | 2024.70    |   |
| 6               |       |              | 1.779      |             | 0          |                                        | 67.07      |                                        | 2044.82    |   |
| 9               |       |              | 1.271      |             | 0          |                                        | 71.88      |                                        | 2191.46    |   |
| 12              |       |              | 0.996      |             | 0          |                                        | 75.12      |                                        | 2290.24    |   |
| 15              |       |              | 0.829      |             | 0          |                                        | 78.11      |                                        | 2381.40    |   |

 

**R10**

 
| **a (ft)** | ** ** | **R (ohms)** | ** ** | **% error** | ** ** | **apparent resistivity (ohm-ft)** | ** ** | **apparent resistivity (ohm-cm)** | ** ** |
|-----------------|------------|-------------------|------------|------------------|------------|---------------------------------------------|------------|---------------------------------------------|------------|
| 3               |       |              | 3.56       |             | 0          |                                        | 67.11      |                                        | 2046.04    |   |
| 6               |       |              | 1.865      |             | 0          |                                        | 70.33      |                                        | 2144.21    |   |
| 9               |       |              | 1.292      |             | 0          |                                        | 73.04      |                                        | 2226.83    |   |
| 12              |       |              | 1.026      |             | 0          |                                        | 77.33      |                                        | 2357.62    |   |
| 15              |       |              | 0.844      |             | 0          |                                        | 79.54      |                                        | 2425.00    |   |

 

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**Table2: Thermal Conductivity Data**
| **Location** | ** ** | **Thermal Conductivity  (W/mC)** | ** ** | **Thermal Resistivity  (cmC/W)** | ** ** | **Volumetric  Specific Heat** | ** ** | **Thermal Conductivity  (W/mC) (after 15  minutes)** | ** ** | **Thermal Resistivity  (cmC/W) (after 15  minutes)** | ** ** | **Volumetric Specific Heat  (after 15 minutes)** | ** ** |
|--------------|------------|---------------------------------------|------------|---------------------------------------|------------|------------------------------------|------------|---------------------------------------------------------------------|------------|---------------------------------------------------------------------|------------|----------------------------------------------------------------------|------------|
| TP1          |       | 1.311                                 |       | 76.3                                  |       | 13.1                               |       | 1.305                                                               |       | 76.6                                                                |       | 13.95                                                                |       |
| TP2          |       | 1.344                                 |       | 74.4                                  |       | 13                                 |       | 1.308                                                               |       | 76.5                                                                |       | 13.58                                                                |       |
| TP3          |       | 1.202                                 |       | 83.2                                  |       | 12.76                              |       | 0.92                                                                |       | 108.7                                                               |       | 13.68                                                                |       |
| TP4          |       | 1.307                                 |       | 76.5                                  |       | 12.74                              |       | 1.404                                                               |       | 71.2                                                                |       | 13.23                                                                |       |
| TP5          |       | 1.215                                 |       | 82.3                                  |       | 12.57                              |       | 1.329                                                               |       | 75.3                                                                |       | 13.54                                                                |       |
| TP6          |       | 1.294                                 |       | 77.3                                  |       | 12.8                               |       | 1.332                                                               |       | 75.1                                                                |       | 13.41                                                                |       |

 

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**EPC FixedPrice Contract**

**Exhibit E Mechanical Completion, Commissioning, Startup**

**Mt Vernon Ethanol**

**EXHIBIT EMECHANICAL COMPLETION, COMMISSIONING, STARTUP**

**Definitions:**

Mechanical Completion: The completion of construction activities essential to the safe andproper operation of the Plant in accordance with the requirements of theContract, as more fully listed below to the extent necessary to permit:

(i)                                     safe and sound start-up and operation ofthe Plant as a fully integrated system; and

(ii)                                  successful completion and conduct of thecommissioning tests.

but excluding correction of minornon-operational matters such as painting, landscaping and nonessentialinsulation. Nonessential insulation shall not include any insulation needed forpersonnel safety, any insulation that materially and negatively impacts theprocess or any outdoor process piping insulation required for freezeprotection.

Irrespective of the following, MechanicalCompletion shall be deemed to have occurred in the event feedstock has been introducedinto the process and ethanol has been produced.

Commissioning:  Thechecking, testing and preparation of the Plant for operation, functionalcontrol loop checking, interlock testing, system purging and utility systemstartups, as more fully listed below.  Ingeneral, the tasks required for taking the Plant from Mechanical Completion andmaking it ready for start-up.

Ready for Startup:  Whenthe activities listed for Mechanical Completion and Commissioning have occurredand the Plant is ready to mill corn at the hammer mills.  At that time, KIEWIT will notify OWNER thatthe Plant is Ready for Startup.  Allpaved roads must be completed before the Plant is ready for Startup.

Startup:  Startupbegins with the initial feed of raw material to the Plant, filling of Equipmentwith operating material, startup and operation of individual process stages,adjustment and optimization of operating conditions, optimization of controlloops, verification of startup, shutdown and partial load operations.  Utility system startups (unless integratedwith the processing portions of the Plant) are a part of the CommissioningPhase.

Substantial Completion:  As definedbelow.

These events may not occur at the same point intime for all parts of the Plant.  Utilitysystems needed for operation of the rest of the Plant may reach MechanicalCompletion, Commissioning and Startup before the main process parts of thePlant.  Some processing areas of thePlant or sub-systems of operating areas may reach Mechanical Completion and beCommissioned and Started up before other parts of the Plant, for example, grainreceiving and storage may be completed and into operation, i.e., filled withgrain, prior to other parts of the Plant. Mechanical Completion, Commissioning and

1

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Startup shall not be deemed to occur, however,until all portions of the Plant meet the requirements for each such stage.

**The following lists indicate theactivities or events, which take place in each of the phases described.**

**Mechanical Completion**

·                                          Inspection of all equipment to check thaterected facilities conform to construction drawings and Contractspecifications.

·                                          Non-operating field leak tests or fieldpressure tests on piping and field-fabricated equipment as required by theContract specifications, disposing of test media on site at a locationspecified by OWNER, and removal of test blinds and restoring systems to “readyfor operation” condition.

·                                          Removal of all temporary supports,bracing or other foreign objects.

·                                          Inspection of all vessels and columns to ensureproper installation of all internals.

·                                          Field inspection of all shop fabricatedequipment.

·                                          Line flushing as part of hydrotesting.

·                                          Check to ensure that all baseplates andsoleplates are level and properly grouted.

·                                          Check pipe hangers, supports, guides andpipe specialties, and remove all shipping and erection bracing.

·                                          Check piping installation to insure allfittings and other materials have been installed in accordance withconstruction drawings and contract specifications. This includes but is notlimited to checking that proper gaskets have been installed, flange bolts aretight, all drain and vent valves have been installed, drain and vent valveshave plugs and/or locks where required, control valves and flow meters areinstalled with the proper direction of flow and have pneumatic air linesinstalled, steam traps are installed, air filters are installed, etc.

·                                          Check alignment of all piping fit-up withequipment to avoid excessive nozzle loading and pipe stresses.

·                                          Insulation for process purposes.

·                                          Install Lubricants and seal liquids.

·                                          Check rotating machinery for correctdirection of rotation and for freedom of moving parts.

·                                          Check cold alignments on rotatingequipment.

·                                          Schedule the services of factoryrepresentatives for equipment or other items as required.

·                                          Electrical and Instrumentation installed

**Commissioning**

·                                          Test burners.

·                                          Dry out castables, refractory andbrickwork according to the manufacturer’s instructions (if not yet completed).

2

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·                                          Perform all equipment conditioning and run-inactivities as required by manufacturer’s specifications including but notlimited to boiler chemical boil-out, molecular sieve dry-out, aircompressor/air dryer run-in, etc.

·                                          Regenerate media as required.

·                                          Test refrigeration systems andlow-temperature units in cold condition.

·                                          Check thermal expansions.

·                                          Check safety valves and re-adjust andre-certify, if required.

·                                          Check supports, suspensions andflexibility for thermal expansion.

·                                          Verify start-up strainers removed, or inplace as required.

·                                          Check flange connections for tightness.

·                                          Clean y-strainers and condensate drains.

·                                          Start-up instrument and control loops,check interaction of indicators and control loops.

·                                          Start-up analyzers.

·                                          Report and adjust limit values for alarmand control systems.

·                                          Coordinate punch list work.

·                                          Check calibration.

·                                          Check fuse size.

**Startup**

·                                          Observe all safety procedures includingpersonnel protective gear, work permits and entry permits.

·                                          Start-up in accordance with operatingmanuals and manufacturer’s instructions

·                                          Verify sealing fluid flow.  Observe seal pot levels to be sure seal leaksare not occurring.

·                                          Observe operation to be sure lubricationis maintained.

·                                          Observe operation to be sure alignment ismaintained.

·                                          Make operating noise measurements.

·                                          Verify operating capacities.

·                                          Check supports, stops, spring hangers andexpansion joints for hot operation.

·                                          Check flanges for tightness and make hotpull-ups, as required.

·                                          Blow down y-strainers and condensatedrains regularly.

·                                          Check amperage for critical (process)motors to verify design electrical loads.

·                                          Optimize control loop parameters.

·                                          Adjust and calibrate on-line analyzerssuch as conductivity and pH.

**Substantial Completion**

Substantial Completion shall be achieved when itis determined that the following conditions have been met:

3

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·                                          The Plant has achieved output ofmerchantable ethanol product at *** of the Nameplate capacity *** gallons peryear of undenatured ethanol) for a continuing period of *** without anymaterial operational defects, based on a *** day year.

·                                          The Plant has achieved and continues tosatisfy the requirements for achievement of Mechanical Completion, and nooutage for repairs or refurbishment is known to be required in order to permitthe Plant to continue operating at the performance levels demonstrated forSubstantial Completion, as the only work remaining to be performed by KIEWIT(other than the performance of any additional Performance Tests in order todemonstrate improved performance of the Plant for Final Acceptance) will be thePunch List items and any right to cure (under Section 7.6 of the Contract) thatcan be performed without unreasonably interfering with Plant operation;

·                                          All permits required to be obtained byKIEWIT and necessary for the safe operation of the Project as set forth in theEPC Contract have been obtained;

·                                          All training of OWNER employees necessaryfor the safe operation of the Project has been completed and certified to byKIEWIT and manual provided to OWNER;

·                                          There are no conditions (i) whichpreclude the Plant from achieving Startup, (ii) the absence of which createsany occupational hazard or hazard to the Work, or (iii) which would materiallyaffect or unreasonably interrupt or interfere with the operability, safety, ormechanical integrity of the Plant in accordance with good industry practices.

**Threshold**

The Threshold shall be achieved when it isdetermined that the following conditions have been met:

·                                          The Plant has achieved output ofmerchantable ethanol product at *** of the Nameplate capacity *** gallons peryear of undenatured ethanol) for a continuing period of *** without anymaterial operational defects, based on a *** day year.

·                                          The Plant has achieved and continues tosatisfy the requirements for achievement of Mechanical Completion, and nooutage for repairs or refurbishment is known to be required in order to permitthe Plant to continue operating at the performance levels demonstrated for theThreshold, as the only work remaining to be performed by KIEWIT (other than theperformance of any additional Performance Tests in order to demonstrateimproved performance of the Plant for Final Acceptance) will be the Punch Listitems and any right to cure (under Section 7.6 of the Contract) that can beperformed without unreasonably interfering with Plant operation;

·                                          All permits required to be obtained byKIEWIT and necessary for the safe operation of the Project as set forth in theEPC Contract have been obtained;

·                                          All training necessary for the safeoperation of the Project has been completed and manual provided to OWNER;

·                                          There are no conditions (i) whichpreclude the Plant from achieving Startup, (ii) the absence of which createsany occupational hazard or hazard to the Work, or (iii) which would materiallyaffect or unreasonably interrupt or interfere with the

4

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operability, safety,or mechanical integrity of the Plant in accordance with good industrypractices.

5

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**Exhibit F - Project Schedule**

**Mount Vernon, IN - 113mgpy*****

Revised 05/29/2007

 
| **Area**                                       | ** ** | **Discipline / Item**   | ** ** | *******    | ** ** |
|------------------------------------------------|------------|-----------------------------------|------------|------------|------------|
| ** **                                     | ** ** | ** **                        | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Project**                                    |       | Project Award (LNTP)  ***         |       | *******    |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | NTP ***                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Permit Received                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Engineering                       |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Procurement                       |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Start-up Complete ***             |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Sitework**                                   | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Site Grading                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piling                            |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech/Elect Support                |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | U/G Pipe                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | U/G Ductbank                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Piperack Area**                              | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | ** ** | ** ** | ** ** |
| ** **                                     |       | Structural Steel  Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | ** ** | ** ** | ** ** |
| ** **                                     |       | Piping                            |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | ** ** | ** ** | ** ** |
| ** **                                     |       | Electrical &  Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Distillation &  Dehydration Areas**      | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Concrete                          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Structural Steel                  | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Mech Equipment                    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Piping                            | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Building                          | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | Electrical &  Instrumentation | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Process Building &  Fermentation Areas** | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel                  |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                            |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical &  Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Evaporation &   Dryer Areas**            | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel  Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                            |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical &  Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Utility Areas**                              | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel  Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                            |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Cooling Tower                     |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical &  Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                        | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     | ** ** | ** **                        | ** ** | *******    | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **GENERAL**                                    |       | Final Grade/Roadway               |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Scaffolding                       |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Tank Erection                     |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Grain Handling                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | DDGS Storage                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Painting - Sub                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Insulation - Sub                  |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Start-up                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |

 
| **Area**                                       | ** ** | **Discipline / Item**  | ** ** | *******    | ** ** |
|------------------------------------------------|------------|----------------------------------|------------|------------|------------|
| ** **                                     | ** ** | ** **                       | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| ** **                                     | ** ** | ** **                       | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Project**                                    |       | Project Award (LNTP) ***         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | NTP ***                          |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Permit Received                  |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Engineering                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Procurement                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Start-up Complete  ***      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Sitework**                                   | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Site Grading                     |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piling                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech/Elect Support               |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | U/G Pipe                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | U/G Ductbank                     |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Piperack  Area**                             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Distillation  & Dehydration Areas**      | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel                 |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Process  Building & Fermentation Areas** | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel                 |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Evaporation  & Dryer Areas**             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| **Utility  Areas**                             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Cooling Tower                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
|                                           |       |                             |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| **GENERAL**                                    |       | Final Grade/Roadway              |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Scaffolding                      |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Tank Erection                    |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Grain Handling                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | DDGS Storage                     |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Painting - Sub                   |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Insulation - Sub                 |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| ** **                                     |       | Start-up                         |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |

** **
| **Area**                                       | ** ** | **Discipline / Item**  | ** ** | *******    | ** ** |
|------------------------------------------------|------------|----------------------------------|------------|------------|------------|
| ** **                                     | ** ** | ** **                       | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** |
| ** **                                     | ** ** | ** **                       | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** |
| **Project**                                    |       | Project Award (LNTP) ***         |       |       |       |   |   |   |   |
| ** **                                     |       | NTP ***                          |       |       |       |   |   |   |   |
| ** **                                     |       | Permit Received                  |       |       |       |   |   |   |   |
| ** **                                     |       | Engineering                      |       |       |       |   |   |   |   |
| ** **                                     |       | Procurement                      |       |       |       |   |   |   |   |
| ** **                                     |       | Start-up Complete ***            |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Sitework**                                   | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Site Grading                     |       |       |       |   |   |   |   |
| ** **                                     |       | Piling                           |       |       |       |   |   |   |   |
| ** **                                     |       | Mech/Elect Support               |       |       |       |   |   |   |   |
| ** **                                     |       | U/G Pipe                         |       |       |       |   |   |   |   |
| ** **                                     |       | U/G Ductbank                     |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Piperack  Area**                             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Distillation  & Dehydration Areas**      | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |
| ** **                                     |       | Structural Steel                 |       |       |       |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Process  Building & Fermentation Areas** | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |
| ** **                                     |       | Structural Steel                 |       |       |       |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Evaporation  & Dryer Areas**             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |
| ** **                                     | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| **Utility  Areas**                             | ** ** | ** **                       | ** ** | ** ** | ** ** | ** ** | ** ** |   |   |
| ** **                                     |       | Concrete                         |       |       |       |   |   |   |   |
| ** **                                     |       | Structural Steel Erection        |       |       |       |   |   |   |   |
| ** **                                     |       | Mech Equipment                   |       |       |       |   |   |   |   |
| ** **                                     |       | Piping                           |       |       |       |   |   |   |   |
| ** **                                     |       | Cooling Tower                    |       |       |       |   |   |   |   |
| ** **                                     |       | Building                         |       |       |       |   |   |   |   |
| ** **                                     |       | Electrical & Instrumentation |       |       |       |   |   |   |   |
|                                           |       |                             |       |       |       |   |   |   |   |
| **GENERAL**                                    |       | Final Grade/Roadway              |       |       |       |   |   |   |   |
| ** **                                     |       | Scaffolding                      |       |       |       |   |   |   |   |
| ** **                                     |       | Tank Erection                    |       |       |       |   |   |   |   |
| ** **                                     |       | Grain Handling                   |       |       |       |   |   |   |   |
| ** **                                     |       | DDGS Storage                     |       |       |       |   |   |   |   |
| ** **                                     |       | Painting - Sub                   |       |       |       |   |   |   |   |
| ** **                                     |       | Insulation - Sub                 |       |       |       |   |   |   |   |
| ** **                                     |       | Start-up                         |       |       |       |   |   |   |   |

 

1

----

**PARENT GUARANTY**

                                    ,a                                    corporation (“Owner”), and                                     ,a                                     company (“Contractor”) entered into a                                                        agreement dated                                     ,20     , (the “Agreement”).

**WHEREAS,** Owner is a wholly-owned subsidiary of                              ,a                        corporation (the “Guarantor”); and

**WHEREAS,**Guarantor will derive direct and indirect benefitfrom Owner entering into the Agreement; and

**WHEREAS,**as a condition to Contractor’s entering into theAgreement Contractor requires that Guarantor execute this Parent Guaranty

**NOW THEREFORE,** Guarantor agrees as follows:

1.                                       Guarantor irrevocably guarantees the fulland timely performance by Owner of all its obligations, terms, provisions,conditions, and stipulations under the Agreement, as now or hereafter amended(the “Obligations”), and hereby undertakes that if Owner shall in any respectfail to pay, perform and observe all of the Obligations of the Agreement,Guarantor shall (i) pay or perform or have paid or performed all Obligations asrequired by the Agreement, without any requirement that Contractor firstproceed against Owner, and (ii) reimburse Contractor for any expenses incurredin enforcing its rights under this Parent Guaranty against Guarantor, in eachcase upon five (5) business days following Guarantor’s receipt of writtennotice of Owner’s failure to pay or perform an Obligation, or an itemization ofsuch expenses incurred.  This ParentGuaranty constitutes a guarantee of payment when due and not of collection.

2.                                       The obligations of Guarantor under this ParentGuaranty shall be primary, absolute and unconditional obligations of Guarantor,independent of the obligations of Owner, shall not be subject to anycounterclaim, set-off, deduction, diminution, abatement, recoupment,suspension, deferment, reduction or defense based upon any claim Guarantor mayhave against Owner.  To the fullestextent permitted by applicable law this Parent Guaranty shall remain in fullforce and effect without regard to, and shall not be released, discharged or inany way affected by:

(a)                                  any termination, amendment or modification of ordeletion from or addition to or other change in the Agreement or any otherinstrument or agreement applicable to any of the parties to the Agreement;

(b)                                 any voluntary or involuntary bankruptcy,insolvency, reorganization, arrangement, readjustment, assignment for thebenefit of creditors, composition, receivership, conservatorship,custodianship, liquidation, marshaling of assets and liabilities or similarproceedings with respect to Owner, Guarantor, Contractor or any other person orany of their respective

1

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properties or creditors, or any action taken by any trustee or receiveror by any court in any such proceeding;

(c)                                  anymerger or consolidation of Owner or Guarantor into or with any othercorporation, or any sale, lease or transfer of any of the assets of Owner orGuarantor to any other person;

(d)                                 anychange in the ownership of any interests of Owner or any change in therelationship between Owner and Guarantor, or any termination of suchrelationship;

(e)                                  anyfailure of Owner to conform with any provision of the Agreement or any otheragreement; or

(f)                                    anyfailure or delay on the part of Contractor to enforce any right under theAgreement.

3.                                       TheGuarantor unconditionally waives, to the extent permitted by applicable law,

(a)                                  noticeof any of the matters referred to in Section 2;

(b)                                 notice to Guarantor of any breach or default withrespect to the Agreement or any other notice that may be required, by statute,rule of law or otherwise, to preserve any rights of Contractor against theGuarantor;

(c)                                  anyrequirement to exhaust any remedies;

(d)                                 anyother circumstance whatsoever which might otherwise constitute a legal orequitable discharge, release or defense of a guarantor or surety or which mightotherwise limit recourse against Guarantor.

4.                                       ThisParent Guaranty shall continue to be effective or be reinstated, as the casemay be, if at any time payment, or any part thereof, to Contractor isrescinded, invalidated, declared to be fraudulent or preferential, or mustotherwise be returned, refunded, repaid or restored by Contractor upon theinsolvency, bankruptcy, dissolu­tion, liquidation or reorganization of Owner orGuarantor or upon or as a result of the appointment of a receiver, intervenoror conservator of, or trustee or similar officer for, Owner or any substantialpart of its property, or otherwise, all as though such payments had not beenmade.

5.                                       Guarantoragrees that any and all present and future debts or obligations of any naturewhether arising in connection herewith or otherwise of Owner to Guarantor aresubordinated to the claims of Contractor with respect to the Agreement.  Guarantor agrees to be bound by any findingsof fact or final award or judgment (rendered under arbitration or otherwise)made against Owner under the Agreement, or any settlement reached by Contractorand Owner.

2

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# 6.                                       Theobligations of Guarantor set forth herein constitute the full recourseobligations of Guarantor enforceable against it to the full extent of all itsassets and properties.

7.                                       ThisParent Guaranty shall be binding upon Guarantor and its successors and assigns.

8.                                       ThisParent Guaranty shall be governed by, and construed and interpreted inaccordance with the law of the State of New York.  Venue for any action to enforce this ParentGuaranty shall be in a court of competent jurisdiction in New York.  Both parties to this Parent Guaranty waiveall rights to a trial by jury in any action arising out of or relating to theParent Guaranty.

9.                                       ThisParent Guaranty and the terms, covenants and conditions hereof shall be bindingupon Guarantor and its successors and shall inure to the benefit of Contractorand its successors and assigns. Guarantor shall not be permitted to assign or transfer any of its rightsor obligations under this Parent Guaranty, except pursuant to a merger orconsolidation in which (i) Guarantor is the survivor, or (ii) the survivingentity, if not Guarantor, is organized under the laws of the United States or astate thereof and explicitly assumes all obligations of Guarantor under thisParent Guaranty.

10.                                 Notwithstandingany other provision of this Parent Guaranty, Guarantor’s undertakings andobligations hereunder with respect to the Agreement are derivative of and notin excess of the Owner’s obligations under the Agreement and the Guarantorretains all rights, claims, defenses, and limitations of liability possessed byOwner under the terms of the Agreement or arising from the parties’ performanceor failure to perform thereunder and shall be entitled to assert anycontractual defenses that would have been available to the Owner under theAgreement, except that no defense previously raised by Owner which has beenfully adjudicated, determined or settled in accordance with the terms of theAgreement may be raised by Guarantor, and no cure period previously used byOwner may be used or relied upon by Guarantor.

**IN WITNESS WHEREOF,**Guarantor has caused this Parent Guaranty to besigned in the name and on behalf of Guarantor by its authorized representativeas of this                 day of                                      ,20    .
|        | By     |   |
|--------|--------|--------|
|   |   |   |
|   | Title  |   |
|        |        |        |  |

 

3

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**Exhibit H - Air Permit Summary Table**

**Mt. Vernon**
| **Stack Description**             | ** ** | **Stack Height** | ** ** | **Type** | ** ** | **Limit per Stack**           | ** ** | **Method**                                                                                    |
|-----------------------------------|------------|------------------|------------|----------|------------|-------------------------------|------------|-----------------------------------------------------------------------------------------------|
| Grain Receiving Baghouses         |       | 50 ft*           |       | PM/PM10  |       | 0.0015 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
| Corn Storage Bin Vent  Filters    |       | 154 ft*          |       | PM/PM10  |       | 0.0015 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
| Surge Bin Vent Filters            |       | 87 ft*           |       | PM/PM10  |       | 0.0015 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
| Hammermill Baghouses              |       | 45 ft*           |       | PM/PM10  |       | 0.0015 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
| DDGS Reclaim Baghouses            |       | 17 ft*           |       | PM/PM10  |       | 0.0015 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
| Fermentation (CO2)  Scrubbers     |       | 45 ft            |       | PM/PM10  |       | 0.0006 gr/dscf                |       | EPA Method 5 - Front Half  Only                                                               |
|                              |       |             |       | VOC      |       | 150.0 ppmvd as Carbon         |       | EPA Method 25a Calibrated  to Propane                                                         |
|                              |       |             |       | HAP      |       | 20.0 ppmvd for combined  HAPs |       | EPA Method 18 - Speciated -  Consisting of Formaldehyde, Methanol, Acetaldehyde, and Acrolein |
| Regenerative Thermal  Oxidizers   |       | 90 ft            |       | PM/ PM10 |       | 0.014 gr/dscf                 |       | EPA Method 5 - Front Half  Only                                                               |
|                              |       |             |       | NOx      |       | 0.0431  lb/MMBtu(2)           |       | EPA Method 7E                                                                                 |
|                              |       |             |       | SOx      |       | 4.38 lb/hr                    |       | EPA Method 6                                                                                  |
|                              |       |             |       | CO       |       | 8.93 lb/hr                    |       | EPA Method 10                                                                                 |
|                              |       |             |       | VOC      |       | 50.0 ppmvd as Carbon          |       | EPA Method 25a Calibrated  to propane                                                         |
| Boilers                           |       | 45 ft            |       | NOx      |       | 0.02 lb/MMBtu                 |       | EPA Method 7E                                                                                 |
|                              |       |             |       | CO       |       | 0.02 lb/MMBtu                 |       | EPA Method 10                                                                                 |
|                              |       |             |       | VOC      |       | 0.002 lb/MMBtu                |       | EPA Method 25a Calibrated  to propane                                                         |
| Denatured Ethanol Loadout  Flares |       | 30 ft            |       | VOC      |       | * lb/hr                       |       | EPA Method 25a Calibrated  to propane                                                         |
|                              |       |             |       | VOC      |       | 98% Control Efficiency        |       | EPA Method 25a Calibrated  to propane                                                         |
| Cooling Tower                     |       | min 25 ft        |       | Flow     |       | 37,600 gpm (per tower)        |       |                                                                                          |
|                              |       |             |       | Drift    |       | 0.0005 percent                |       | Manufacturer’s Guarantee                                                                 |

 

----

* Pending final scopedefinition

Notes

(1) If actual air permit limitations are lessrestrictive, values stated in the above table shall be modified to the valuesstated in the air permit.

(2) If actual airpermit limitations are more restrictive, Kiewit will be entitled to a changeorder for modification to design or purchase of additional equipment if agreedto be achievable by all parties.

----

**PARENT GUARANTY**

                                  ,a                                  corporation (“Contractor”), and                                         ,a                                         company (“Client”) entered into a                                                                                 agreement dated                                         ,20    , (the “Agreement”).

**WHEREAS,** Contractor is a wholly-owned subsidiary of                                   , a                                    corporation (the “Guarantor”); and

**WHEREAS,**Guarantor will derive direct and indirect benefitfrom Contractor entering into the Agreement; and

**WHEREAS,**as a condition to Client’s entering into theAgreement Client requires that Guarantor execute this Parent Guaranty.

**NOW THEREFORE,** Guarantor agrees as follows:

1.                                       Guarantor irrevocably guarantees the fulland timely performance by Contractor of all its obligations, terms, provisions,conditions, and stipulations under the Agreement, as now or hereafter amended(the “Obligations”), and hereby undertakes that if Contractor shall in anyrespect fail to pay, perform and observe all of the Obligations of theAgreement, Guarantor shall (i) pay or perform or have paid or performed allObligations as required by the Agreement, without any requirement that Clientfirst proceed against Contractor, and (ii) reimburse Client for any expensesincurred in enforcing its rights under this Parent Guaranty against Guarantor,in each case upon five (5) business days following Guarantor’s receipt ofwritten notice of Contractor’s failure to pay or perform an Obligation, or anitemization of such expenses incurred. This Parent Guaranty constitutes a guarantee of payment when due and notof collection.

2.                                       The obligations of Guarantor under this ParentGuaranty shall be primary, absolute and unconditional obligations of Guarantor,independent of the obligations of Contractor, shall not be subject to anycounterclaim, set-off, deduction, diminution, abatement, recoupment,suspension, deferment, reduction or defense based upon any claim Guarantor mayhave against Contractor.  To the fullestextent permitted by applicable law this Parent Guaranty shall remain in fullforce and effect without regard to, and shall not be released, discharged or inany way affected by:

(a)                                  any termination, amendment or modification of ordeletion from or addition to or other change in the Agreement or any otherinstrument or agreement applicable to any of the parties to the Agreement;

(b)                                 any voluntary or involuntary bankruptcy,insolvency, reorganization, arrangement, readjustment, assignment for thebenefit of creditors, composition, receivership, conservatorship,custodianship, liquidation, marshaling of assets and liabilities or similar proceedingswith respect to Contractor, Guarantor, Client or any other person or any oftheir respective

1

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properties or creditors, or any action taken by any trustee or receiveror by any court in any such proceeding;

(c)                                  anymerger or consolidation of Contractor or Guarantor into or with any othercorporation, or any sale, lease or transfer of any of the assets of Contractoror Guarantor to any other person;

(d)                                 anychange in the ownership of any interests of Contractor or any change in therelationship between Contractor and Guarantor, or any termination of suchrelationship;

(e)                                  anyfailure of Contractor to conform with any provision of the Agreement or anyother agreement; or

(f)                                    anyfailure or delay on the part of Client to enforce any right under the Agreement.

3.                                       TheGuarantor unconditionally waives, to the extent permitted by applicable law,

(a)                                  noticeof any of the matters referred to in Section 2;

(b)                                 notice to Guarantor of any breach or default withrespect to the Agreement or any other notice that may be required, by statute,rule of law or otherwise, to preserve any rights of Client against theGuarantor;

(c)                                  anyrequirement to exhaust any remedies;

(d)                                 anyother circumstance whatsoever which might otherwise constitute a legal orequitable discharge, release or defense of a guarantor or surety or which mightotherwise limit recourse against Guarantor.

4.                                       ThisParent Guaranty shall continue to be effective or be reinstated, as the casemay be, if at any time payment, or any part thereof, to Client is rescinded,invalidated, declared to be fraudulent or preferential, or must otherwise bereturned, refunded, repaid or restored by Client upon the insolvency,bankruptcy, dissolu­tion, liquidation or reorganization of Contractor orGuarantor or upon or as a result of the appointment of a receiver, intervenoror conservator of, or trustee or similar officer for, Contractor or anysubstantial part of its property, or otherwise, all as though such payments hadnot been made.

5.                                       Guarantoragrees that any and all present and future debts or obligations of any naturewhether arising in connection herewith or otherwise of Contractor to Guarantorare subordinated to the claims of Client with respect to the Agreement.  Guarantor agrees to be bound by any findingsof fact or final award or judgment (rendered under arbitration or otherwise)made against Contractor under the Agreement, or any settlement reached byClient and Contractor.

2

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# 6.                                       Theobligations of Guarantor set forth herein constitute the full recourse obligationsof Guarantor enforceable against it to the full extent of all its assets andproperties.

7.                                       ThisParent Guaranty shall be binding upon Guarantor and its successors and assigns.

8.                                       ThisParent Guaranty shall be governed by, and construed and interpreted inaccordance with the law of the State of New York.  Venue for any action to enforce this ParentGuaranty shall be in a court of competent jurisdiction in New York.  Both parties to this Parent Guaranty waiveall rights to a trial by jury in any action arising out of or relating to theParent Guaranty.

9.                                       ThisParent Guaranty and the terms, covenants and conditions hereof shall be bindingupon Guarantor and its successors and shall inure to the benefit of Client andits successors and assigns.  Guarantorshall not be permitted to assign or transfer any of its rights or obligationsunder this Parent Guaranty, except pursuant to a merger or consolidation inwhich (i) Guarantor is the survivor, or (ii) the surviving entity, if notGuarantor, is organized under the laws of the United States or a state thereofand explicitly assumes all obligations of Guarantor under this Parent Guaranty.

10.                                 Notwithstandingany other provision of this Parent Guaranty, Guarantor’s undertakings andobligations hereunder with respect to the Agreement are derivative of and notin excess of the Contractor’s obligations under the Agreement and the Guarantorretains all rights, claims, defenses, and limitations of liability possessed byContractor under the terms of the Agreement or arising from the parties’performance or failure to perform thereunder and shall be entitled to assertany contractual defenses that would have been available to the Contractor underthe Agreement, except that no defense previously raised by Contractor which hasbeen fully adjudicated, determined or settled in accordance with the terms ofthe Agreement may be raised by Guarantor, and no cure period previously used byContractor may be used or relied upon by Guarantor.

**IN WITNESS WHEREOF,**Guarantorhas caused this Parent Guaranty to be signed in the name and on behalf ofGuarantor by its authorized representative as of this                day of                                           ,20    .
|        | By     |   |
|--------|--------|--------|
|   |   |   |
|   | Title  |   |
|        |        |        |  |

 

3

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**EXHIBIT “J”**

Parcel # 1, 2, 3, 4, 5, 6Port of Indiana – Southwind Maritime Center, Posey County, Black Township, Mt.Vernon, IN

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**Exhibit K**

**Notice toProceed**

Dated                                     
| **Project:**       | ** ** | **Owner:**                               |
|--------------------|------------|------------------------------------------|
| ** **         | ** ** | ** **                               |
| Mt Vernon, Indiana |       | Aventine Renewable Energy-Mt Vernon, LLC |

 

**Contract:**

Engineering, Procurementand Construction Services Fixed Price Contract dated May        ,2007

**Contractor:**

Kiewit Energy Company

**Contractor’s Address:**

7906 North Sam Houston Parkway, Suite 300

Houston, TX 77064  USA

Attn:  Mike Casey, Sr. VP

Thiswill serve as your formal Notice to Proceed under the above Contract. The datehereof shall be the Date of Commencement as defined in the Contract.
|            | **Aventine Renewable Energy-Mt Vernon, LLC** |
|------------|----------------------------------------------|
| ** ** | ** **                                   |
| ** ** | ** **                                   |
|       | By:                                          |   |
|       |                                         |
|       | Title:                                       |   |
|       |                                         |
|       | Date:                                        |   |
|            |                                              |  |  |

 

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**Exhibit L**

**Mt. Vernon Responsible Party Permit Matrix**
| **Permit**                                                                      | ** ** | **Responsible Party** | ** ** | **Comments**                                                                |
|---------------------------------------------------------------------------------|------------|-----------------------|------------|-----------------------------------------------------------------------------|
| Electrical Construction Permit                                                  |       | Kiewit Energy         |       | as applicable                                                               |
| Flammable Tank Permit                                                           |       | Kiewit Energy         |       | as applicable                                                               |
| Temporary  Construction Permits (construction trailers and temporary warehouse) |       | Kiewit Energy         |       | as applicable                                                               |
| Pressure Vessel Certification                                                   |       | Kiewit Energy         |       | as applicable                                                               |
| Boiler Certificate                                                              |       | Kiewit Energy         |       | as applicable                                                               |
| State “Plan Checks” through the state of Indiana  Code Official.      |       | Kiewit Energy         |       | Includes Class 1 structure, flammable liquid tanks,  and sprinkler systems. |

 

1

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**Exhibit M**

**Mt. Vernon Responsible Party Permit Matrix**

 
| **Permit**                                                                                                                                | ** ** | **Responsible Party** | ** ** | **Date Required** | ** ** | **Comments**                                                                                                                                        |
|-------------------------------------------------------------------------------------------------------------------------------------------|------------|-----------------------|------------|-------------------|------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|
| Air Permits                                                                                                                               |       | Aventine              |       | June 30, 2007     |       | Final emission locations to be matched by Kiewit as  closely as possible to the draft air permit. Not all emission points will be  matched exaclty. |
| All NPDES permits (includes construction and  operating permits for all fluid streams including ponds, process water, storm  water, etc.) |       | Aventine              |       | Note 1            |       | Aventine to provide assumptions for Kiewit to  proceed on engineering and design.                                                                   |
| Notice of Intent                                                                                                                          |       | Aventine              |       | Note 1            |       | Required before soil disturbance                                                                                                                    |
| Any rezoning required                                                                                                                     |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Any Special Use Permits                                                                                                                   |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Stormwater Pollution Prevention Plan/Stormwater  Management Plan                                                                          |       | Aventine              |       | Note 1            |       | IDEM                                                                                                                                                |
| Wastewater Facility Construction Permit                                                                                                   |       | Aventine              |       | Note 1            |       | as applicable                                                                                                                                       |
| Water Permits                                                                                                                             |       | Aventine              |       | Note 1            |       | as applicable                                                                                                                                       |
| Any Approvals on Rail and Road Crossings                                                                                                  |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Improvement Location Permit                                                                                                               |       | Aventine              |       | Note 1            |       | If applicable                                                                                                                                       |
| All City/County/Port/Local Permits not specifically  mentioned                                                                            |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Building Permit                                                                                                                           |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Grain Handling Permit                                                                                                                     |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Grain Elevator permit                                                                                                                     |       | Aventine              |       | Note 1            |       | as applicable                                                                                                                                       |
| FAA Permit on Tall Structures                                                                                                             |       | Aventine              |       | Note 1            |       | FAA                                                                                                                                                 |
| Alcohol Sales Permit                                                                                                                      |       | Aventine              |       | Note 1            |       | TTB                                                                                                                                                 |
| Risk Management Plan                                                                                                                      |       | Aventine              |       | Note 1            |       | EPA                                                                                                                                                 |
| Site Security Plan                                                                                                                        |       | Aventine              |       | Note 1            |       | Homeland Defense                                                                                                                                    |
| Emergency Planning Community Right to Know Act                                                                                            |       | Aventine              |       | Note 1            |       | Fire Department (as applicable)                                                                                                                     |
| PSM Program/ PHA                                                                                                                          |       | Aventine              |       | Note 1            |       | OSHA                                                                                                                                                |
| Spill Prevention Control Countermeasure Plan                                                                                              |       | Aventine              |       | Note 1            |       | EPA                                                                                                                                                 |
| Toxic Release Inventory                                                                                                                   |       | Aventine              |       | Note 1            |       | EPA                                                                                                                                                 |
| Grain Receiving/Grain loadout scales                                                                                                      |       | Aventine              |       | Note 1            |       |                                                                                                                                                |
| Ethanol loadout flow meter                                                                                                                |       | Aventine              |       | Note 1            |       |                                                                                                                                                |

 

Note 1. As requried to supportKiewit’s construction schedule

 

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**Exhibit “O”**

**Mt Vernon Project**

ConstructionHold Points for Inspection
| **Hold point  item**                   | ** ** | **Inspected by:**                                                           | ** ** | **Inspect for:**                                                                                     |
|----------------------------------------|------------|-----------------------------------------------------------------------------|------------|------------------------------------------------------------------------------------------------------|
| Foundations and footings               |       | Aventine,  Posey County Building Commission                                 |       | Footings, re-bar, and floor drains before pouring  concrete                                          |
| Framing, Roofing                       |       | Posey County Building Commission                                            |       | Building structure                                                                                   |
| Building Insulation                    |       | Posey Count Building Commission                                             |       | Inspect installation                                                                                 |
| Plumbing                               |       | Posey County Building Commission                                            |       | Inspect installation                                                                                 |
| HVAC                                   |       | Posey County Building Commission                                            |       | Inspect installation                                                                                 |
| Masonry / Concrete                     |       | Posey County Building Commission                                            |       | Inspect installation                                                                                 |
| Plant roads and parking lot            |       | Aventine                                                                    |       | Paving sub-base before paving                                                                        |
| Electrical duct banks and vaults       |       | Vectren,   Posey County Building Commission                                 |       | Inspect terminations and splices                                                                     |
| Electrical substation terminations     |       | Vectren,   Posey County Building Commission                                 |       | Inspect electrical terminations at sub-stations                                                      |
| Electrical transformers and switchgear |       | Vectren,   Posey County Building Commission                                 |       | Inspect installation                                                                                 |
| Building electrical installation       |       | Indiana State Fire Marshal,   Posey County Building Commission              |       | Fire marshal inspection                                                                              |
| Grounding grid                         |       | Aventine                                                                    |       | Connections to structural steel and/or re-bar  Inspect grounding grid installation before covering   |
| City water piping                      |       | Mt Vernon Water Works Department                                            |       | Piping installation and connections to city water  including backflow preventer and isolation valves |
| Sanitary sewer piping                  |       | Mt Vernon Waste Water Treatment                                             |       | Piping installation and connections to municipal  sewer, lift stations (if any)                      |
| Natural gas piping                     |       | Natural gas provider                                                        |       | Piping installation and connection to substation                                                     |
| Storm sewer piping                     |       | Posey County Building Commission,   Posey County Area Soil and Water Office |       | Piping installation and lift stations (if any)                                                       |
| Fire water piping                      |       | Indiana State Fire Marshal                                                  |       | Piping installation and vaults                                                                       |

 
| May 25, 2007 |   | By: MSC |   |   |
|--------------|--------|---------|--------|--------|

 

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| **Hold point  item**                                     | ** ** | **Inspected by:**                                  | ** ** | **Inspect for:**                                                                   |
|----------------------------------------------------------|------------|----------------------------------------------------|------------|------------------------------------------------------------------------------------|
| Fire sprinkler systems                                   |       | Indiana State Fire Marshal                         |       | Piping and sprinkler installation                                                  |
| Fire alarm systems                                       |       | Indiana State Fire Marshal                         |       | Test alarms                                                                        |
| Boilers                                                  |       | Indiana Boiler Inspector and/or insurance provider |       | Pre-startup installation inspection                                                |
| Telecommunications wiring                                |       | Telecommunications Provider                        |       | Conduit, connections, and vaults                                                   |
| Underground piping                                       |       | Aventine,  Posey County Building Commission        |       | Piping installation of any process or utility  underground piping for installation |
| Flammable storage tank                                   |       | Indiana State Fire Marshal                         |       | Fire marshal inspection before hydrotest                                           |
| Ethanol loadout and denaturant receiving safety  systems |       | Aventine or insurance                              |       | Inspect system installation and test                                               |
| Ethanol containment liner                                |       | IDEM                                               |       | Type of liner and coverage before covering                                         |
| Wastewater cell liner (if required)                      |       | IDEM                                               |       | Type of liner and coverage before covering                                         |
| Process vessel and tank internals                        |       | Aventine                                           |       | Inspect vessel and tank internals before hydrotest                                 |

 

Note:

Forall Hold Points other than those designated to be inspected by Aventine above,the 3 Business Day notice period in Section 2.7 of the General Conditions shallnot apply and the parties agree to work in good faith to provide adequatenotice for third party inspections.  Theweekly schedules provided by Kiewit to Owner shall provide adequate notice forpurposes of Section 2.7 of the General Conditions.

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**Exhibit P– Preliminary Site Work and Allowances**

**Mount Vernon Ethanol Facility**

No Preliminary site work has been authorized

Site Work ***

·                  Site Workengineering and design per the scope defined at the end of Exhibit P.

·                  Rough grading ofsite prior to start of piling and construction activities including anyrequired fill to be brought onsite

·                  Grading andconstruction of relocated Southwind Port Road, including demo of existing roadto the extent necessary.  Relocation ofstreet lights and power by Vectren.

·                  Relocation/demolitionof existing utilities as required

·                  Purchase andinstallation of required culverts, drainage pipe, or other materials requiredfor control of storm water runoff

·                  Development of thetemporary construction parking area, laydown areas, and roads

·                  Installation of thepower feed for temporary construction power

·                  Construction ofstorm drainage ponds and process ponds as designed including all liners,piping, outfalls, etc.

·                  Dewatering systemrequired for construction on the facility during subsurface activities.

·                  Product storagecontainment berm and liner (or comparable replacement)

·                  Construction ofpermanent plant roads

·                  Final gradingincluding rock surfacing as required by the final design

·                  Perimeter fencingand entrance gates for the facility

·                  Landscaping asrequired

·                  Facility entrancesignage

Piling ***

·                  Engineering ofpiling or other soil improvement technique as determined by the finalgeotechnical report to be acceptable for the structures and loads beingconstructed at Mt. Vernon

·                  Project test pilingprogram or soil improvement testing program

·                  Installation ofpiling or other soil improvement work under required structures or equipment

1

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Buildings ***

·                  Pre-engineeredbuildings’ (Main Process (including control room), Maintenance, Administration,Distillation & Dehydration, and Boiler buildings )including structuralsteel, girts, purlins, siding, roof support and systems, interior and exteriorlighting, interior walls and finishes, windows, doors (including rollups), power(including required power panels), HVAC, plumbing and insulation..  Also included in the allowance is themezzanine floor required in the maintenance building.

·                  Engineeredbuildings’ (Centrifuge, Evaporator, and Fermentation buildings) siding, girts,purlins, doors (including rollups) roof support and systems, interior andexterior lighting, power (including required power panels), HVAC, plumbing,wall liner, and insulation for the Centrifuge, Evaporator, and Fermentationbuildings

·                  Buildings designedfor occupancy include the Administration Building, Control Room and Maintenancebuildings.  Included in the allowance forthe Administration Building are foundations.

·                  Fire protection forfully finished areas (control room building and maintenance building)

Grain/DDGS Handling ***

·                  Complete Grainhandling/unloading system including *** bushels of grain storage includingdesign, installation, and startup.

·                  Complete DDGShandling/storage/loading system including design, installation, and startup.

·                  Allowance includespiling or soil improvement, foundations, equipment, silos, conveyance,electrical and instrumentation.

·                  All controls,control programming, control equipment.

·                  All electricalengineering, wiring, conduit, transformers, gear, and terminations from the ***panel (referenced below).

·                  Kiewit has includedin the firm price, grading of area, electrical supply of a single *** feed tovendor supplied switchgear, and fiber optic cable from the facility DCS systemto interface with the Grain Handling supplier equipment.

Heat Tracing  ***

·                  Includes thedesign, material purchase, and installation required for complete heat tracepackage

·                  Includes the powersupply and distribution for this scope of work

2

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·                  Insulation andlagging of heat traced systems is included in the provided firm pricing for theproject and is not included in the allowance.

Fire Protection   ***

·                  Includes all theabove ground fire protection / detection / and alarming systems/wiring/boxes/annunciation/communicationexcept the control room building and the maintenance building which areincluded in the pre-engineered building allowance.

·                  Includes designand installation of any fire protection or detection determined necessary inthe ethnol storage and loadout areas.

·                  Includes the design,supply, and install of required sprinkler systems, including pipe, supports,sprinkler heads, control panels, detectors and wiring

·                  Installation andsupply of necessary handheld fire extinguishers

·                  Included in thefirm price is a single diesel and electric fire pump sized for a maximum of ***each.  If flow demands are in excess ofthis flow due to additional high flow systems being added, the differentialcost will be applied to the allowance.

Pipe Material ***

·                  Includes thepurchase of fabricated pipe and bulk pipe material. An add or deduct to this allowance will bedetermined by actual surcharge costs for material.

Civil Engineering Scope for Mt. VernonAllowance ***:

1.               Develop all sitemaps and plant layout drawings within the ethanol plant boundary.

2.               Develop site stormwater drainage plan to include the following:

a.               Stormwater shall drain to retention ponds designed by Bibb. The final location ofthese ponds is TBD.  Current pricing providedfor civil work at Mt. Vernon includes the design of the detention cells *** forcontainment of process water (see item 6). The design of storm water retention ponds is also included in thepricing.

b.               Determinedrainage areas and characteristics (soils, land cover/use, slope).

c.               Computepeak flows for design storms at relevant locations.

d.               Designappropriately sized drainage structures to convey flows underneath the roadwaycrossings within the ethanol treatment plant site.

e.               Stormwater shall discharge to the McFadden Creek via the existing 48” culvert.  Defined scope assumes this will be acceptablefor discharge of both storm water and process wastewater.  Necessary permits are to be obtained byOthers.

3.               Develop a sitegrading plan including road and ethanol plant structure elevations,incorporating the drainage analysis and features developed for item 2.  The grading plan

3

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must becoordinated with the overall site development work be completed by Aventine asapplicable. The grading plan will also require coordination and review with thecity of Mt. Vernon and adjacent property owners. The grading plan shall bedesigned to allow for ethanol plant expansion.

4.               Sizing and layoutof all underground utilities required on the ethanol plant site including butnot limited to: natural gas, city water, fire water loop, sanitary sewer,wastewater sewer, and underground electrical.

5.               Sizing, layout, andspecification of the ethanol containment berm. This includes specification ofmaterials and liners required. Berm design to include fire protection measuresand storm water drainage or pump-out features.

6.               Sizing, layout, andspecification of the *** detention cells for ethanol plant wastewater.Wastewater shall include cooling tower blowdown, boiler blowdown, RO rejectwater, and plant sump discharges. Design shall included sizing and design ofthe discharge line from the cells to the plant boundary for discharge assumingthat the flow from the process waste ponds can be combined with the stormwaterrunoff pond overflow for discharge to the existing culvert.  Necessary permits are to be obtained byOthers.

7.               Coordinate asrequired with Aventine and Aventine’s consultant to provide design informationnecessary for the stormwater runoff permit and Stormwater Pollution PreventionControl Plan for the construction site. The preparation of these permits is not included in the civil designscope for Bibb and Associates.

8.               Sizing, layout, andspecification for all internal plant roadways and the rerouting of theNorth-South Main Port Road to the east of the rail loop.  Pricing provided does not include therelocation of existing utilities associated with the relocation and demolitionof the existing road.

9.               All design drawingsand specifications shall be reviewed, approved, and stamped by an Indianalicensed professional civil engineer.

10.         Perform required civildesign work for new facility loop track to be supplied and installed byOthers.  Ameritrak will perform raildesign work for the ballast and rail. Bibb shall coordinate civil design of the rail area with Ameritrak asneeded.

11.         Bibb shall support thesubmittal requirements for the Rule 5 Plan Elements as follows:

a.               Facilitysite plan showing facility layout including rail, interior plant roads,building, and the relocated Southwind Port Road

b.              Detailedcivil design drawings showing all specific point where stormwater dischargewill leave the site.  Bibb shall alsoidentify potential discharge points to groundwater.  Information including locations, size, anddimensions of stormwater system shall be included.

c.               Postconstruction peak discharge information for submittal.

d.              Bibbdrawings shall clearly identify construction limits of the project.

e.               Information on anyoff-site construction activities associated with the project, if applicable.

4

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f.                 Locationsof proposed soil stockpiles, borrow, and disposal areas shall be identified.

g.              Finalgrading information shall be provided

h.              Detaileddesign information for new roadways.

i.                  Drawingsshowing location of construction silt fences and other construction sedimentcontrol measures.

j.                  Develop andmaintain a list of expected hazardous materials present on the site duringconstruction.

Actualsubmittal of the Rule 5 Plan shall remain the responsibility of Aventine aswill any permitting costs associated with the approval of the plan.

5

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**EXHIBITQ**

**TAXEXEMPTIONS AND CONCESSIONS**

**MT. VERNON, INDIANA**

·                  Manufacturer’sSales/Use Tax Exemption, IC 6-2.5-5-3(b)

·                  Manufacturersare exempt from sales tax on purchases of machinery, equipment, and tools thatare directly used in the manufacturing or refining process.

·                  IndustrialDevelopment Grant Fund

·                  RealProperty Tax Abatement Program

·                  PersonalProperty Tax Abatement Program

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**Exhibit R - Cash Flow Curve**

**Mount Vernon**
| ** **        | ** ** | ** ** | ** ** | **LNTP**   | ** ** |
|-------------------|------------|------------|------------|------------|------------|
| **Year**          | ** ** | ** ** | ** ** | *******    | ** ** |
| **Time-Line**     | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Month**         | ** ** | ** ** | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Description**   | ** ** | **Total**  | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| Sitework          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   |   |   |   |   |
| Piling            |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   |   |   |   |   |
| Excavation        |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Concrete          |       | ***        |       |       |       |   |   |   |   |   | ** ** | ******* |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Structural Steel  |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   |
| Buildings         |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   |
| Equip. Install    |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   |
| Pipe Erection     |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Elect & Instr |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Start-Up          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Eng Equip         |       | ***        |       |       |       |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Scaffold          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   |
| Const. Equip      |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Indirects         |       | ***        |       |       |       |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Mobilization      |       | ***        |       |       |       |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   | *** |   |   |   |   |   |   |   |
| Totals by Month   |       | ***        |       |       |       |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Cummulative Total |       | ***        |       |       |       |   |   |   |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |

 
| ** **        | ** ** | ** ** | ** ** | **LNTP**   | ** ** |
|-------------------|------------|------------|------------|------------|------------|
| **Year**          | ** ** | ** ** | ** ** | *******    | ** ** |
| **Time-Line**     | ** ** | ** ** | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Month**         | ** ** | ** ** | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Description**   | ** ** | **Total**  | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| Sitework          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Piling            |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Excavation        |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Concrete          |       | ***        |       | ***        |       | *** |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Structural Steel  |       | ***        |       | ***        |       | *** |   | *** |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Buildings         |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Equip. Install    |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Pipe Erection     |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Elect & Instr |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Start-Up          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   | *** |   | *** |   | *** |   |
| Eng Equip         |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |   |   |   |   |
| Scaffold          |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Const. Equip      |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Indirects         |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Mobilization      |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Totals by Month   |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |
| Cummulative Total |       | ***        |       | ***        |       | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   | *** |   |

 
| ** **         | ** ** | ** ** | ** ** | **LNTP**   | ** ** |
|--------------------|------------|------------|------------|------------|------------|
| **Year**           | ** ** | ** ** | ** ** | *******    | ** ** |
| **Time-Line**      | ** ** | ** ** | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Month**          | ** ** | ** ** | ** ** | *******    | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** | ******* | ** ** |
| **Description**    | ** ** | **Total**  | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** | ** ** |
| Sitework           |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Piling             |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Excavation         |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Concrete           |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Structural Steel   |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Buildings          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Equip. Install     |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Pipe Erection      |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Elect &  Instr |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Start-Up           |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Eng Equip          |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Scaffold           |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Const. Equip       |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Indirects          |       | ***        |       | ***        |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Mobilization       |       | ***        |       |       |       |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Totals by Month    |       | ***        |       | ***        |       | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   |
| Cummulative  Total |       | ***        |       | ***        |       | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   | 0.0 |   |

 

----

**Exhibit S**

 
| **** | **AUTHORIZED  BY: Safety/Loss Control Specialist**

                                                                                        | **REV  NO: 0** | **DATE:  04-09-07** |
|------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|---------------------|

 

**IMPORTANT NOTICE TOCONTRACTORSHEALTH AND SAFETY PROGRAM**

**Dear Contractor:**

Aventine Renewable Energy Inc. falls under the O.S.H.A. 1910.119Process Safety Management. By law, allcontractors working in any of our PSM covered areas must be evaluated forSafety.

The following information is required to be kept on record in ourfiles:

·                            Experience Modification Rate (EMR) for the threemost current years. This information must be submitted on your insurancecompany letterhead or other official verification.

·                            O.S.H.A. 300 Forms/Logs or Employers Report ofAccident Form.

·                            Completethe Safety, Health and Environmental Generic Questionnaire (enclosed). Be sureto complete all requested items on the questionnaire.
| Sincerely,                                                 |   |   |   |   |
|------------------------------------------------------------|--------|--------|--------|--------|
|                                                       |   |   |   |
|                                                       |   |   |   |
| Brad Cantrell,  Health and Safety Department(309) 347-9250 |   |   |   |

 

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**Contractor – SafetyInformation**
| 1. | Name of  contractor company: |   |
|----|------------------------------|--------|

 
| 2.     | Address: |   |
|--------|----------|--------|
|   |     |   |

 
| 3. | Phone: |   |   |
|----|--------|--------|--------|

 
| 4. | Using  information from your O.S.H.A. Form 300, provide injury and/or illness data  for the last three years for your firm. |
|----|-----------------------------------------------------------------------------------------------------------------------------|

 
| Specify Year                                                             | ** ** | **Year** | ** ** | **Year** | ** ** | **Year** |
|--------------------------------------------------------------------------|------------|----------|------------|----------|------------|----------|
|                                                                     |       |     |       |     |       |     |
| No. of  Fatalities                                                       |       |     |       |     |       |     |
| No. of cases  with lost workdays and/or restricted work activities       |       |     |       |     |       |     |
| No. of cases  without lost workdays and/or restricted work activities    |       |     |       |     |       |     |
| Employee hours  worked (do not include non-work time, even  though paid) |       |     |       |     |       |     |

 
| 5.     | Do you have a  written safety program? | oYes   | oNo    |
|--------|----------------------------------------|--------|--------|
|   |                                   |   |   |
| 6.     | Do you have one  or more full-time:    |   |   |
|   |                                   |   |   |
|   | Industrial Hygienists                  | oYes   | oNo    |
|   |                                   |   |   |
|   | Safety Professionals                   | oYes   | oNo    |

 
| 7.     | Do you have a training program for newly hired or  promoted first-line supervisors? | oYes   | oNo    |
|--------|-------------------------------------------------------------------------------------|--------|--------|
|   |                                                                                |   |   |
| 8.     | Do you hold periodic safety meetings for your  employees?                           | oYes   | oNo    |
|   |                                                                                |   |   |
| 9.     | Do you conduct field safety inspections of work in  progress?                       | oYes   | oNo    |
|   |                                                                                |   |   |
|   | a) If yes, who conducts the inspections (title)?                                    |   |
|   |                                                                                |   |
|   | b)**How  often?                                                                     |   |   |
|        |                                                                                     |        |        |  |  |  |

 
| 10.    | Are accident  reports circulated to your management? | oYes   | oNo    |
|--------|------------------------------------------------------|--------|--------|
|   |                                                 |   |   |
| 11.    | Number of  employees/shift:                          |   |   |
|   |                                                 |   |   |
| 12.    | Hospital to use  in case of an emergency:            |   |
|   |                                                 |   |
| 13.    | Contractor  safety representative:                   |   |   |
|   |                                                 |   |   |
|   | Title:                                               |   |   |
|   |                                                 |   |   |
|   | Phone:                                               |   |   |
|        |                                                      |        |        |  |  |  |  |  |  |

 

2

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14.  Provide asummary of any O.S.H.A., E.P.A., or State citations that you have received inthe past (3) years. Include item(s) cited, monetary penalty, and finalsettlement.

Where highlighted, please provide the following additional information:

·                             Acopy of written safety policy endorsed by the Contractor’s top management.

·                             Acopy of the Contractor’s Safety Manual.

·                             TheContractor’s staffing plan for safety program implement.

·                             **The proposed initial employee safety orientationprogram for this program.**

·                             Thetypes of safety equipment that Contractor will provide for the project.

·                             **A narrative of what the Contractor perceives to be thesignificant safety hazards on this project.**

·                             Adescription of how the Contractor’s on-site project manager and supervisors areheld accountable for safety performance.

·                             Adescription of the Contractor’s accident investigation and safety auditprocedures.

·                             Adescription of the types of safety, health, and fire training programs theContractor’s work force has received (or will receive prior to commencement ofwork) that is applicable to this project.

·                             Adescription of how the Contractor’s safety programs apply to subcontractors andthe method used to insure that subcontractors comply with applicable safetyprograms and regulations.

3

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| **** | **AUTHORIZED  BY: Safety/Loss Control Specialist** | **REV  NO: 0** | **DATE:  04-09-07** |
|------|----------------------------------------------------|----------------|---------------------|

 

**PROCESS SAFETY MANAGEMENTCONTRACTORS**

**A.****        Policy**

Aventine Renewable Energy, Inc. is committed to the prevention ofaccidents and improving quality andproductivity related to Contractor work by providing a safe workplace thatprotects Aventine and Contractor employees, the environment and thegeneral public.

Aventine shall promote an attitude of partnership,cooperation, and communication with Contractors to enhance workplacesafety. Personal safety is a fundamental responsibility of both Aventine andContractor employees.

Aventine shall maintain the independent contractor status of itsContractors and their Subcontractors. Aventine shall not dictate the manner andmeans by which the Contractor performs its work, except where specified in thewritten contract; and, whenever unsafe acts/unsafeconditions pose an immediate threat to the safety or health of personnel;and/or potential damage to Aventine property.

**B.****        Purpose**

To establish a policy and procedure for providing Aventine employeeswith guidance in developing site-specific rules and practices to improve thesafety and health performance of contractorswho perform work at Aventine.

To ensure that all Contractor personnel are informed of the knownpotential fire, explosion, toxic releasehazards, and other serious safety hazards related to their work or the process.

To ensure that all Contractor personnel are aware of all applicableAventine safety rules and procedurespertaining to their work site, including the facility’s emergency procedures.

This procedure applies to Aventine employeesresponsible for Contractor selection, training, inspections andassessments, and for Contractor work involving new construction projects, majorrenovation, and repair/maintenance activities.

* Note: Repair/maintenance activities and incidental contractor workthat do not compromise the safety of personnel, facilities, and processes areexcluded. (E.g., janitorial and delivery services, etc.)

1

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**C.****        Approach**

Contract employees must perform their work safely.Considering that Contractors often perform very specialized andpotentially hazardous tasks, such as confined space entry activities andnon-routine repair activities; their work must be controlled while they are onor near a process covered by PSM. A permitsystem or work authorization system for these types of activities are requiredfor all affected employees. The use of a work authorization system keeps anemployer informed of contract employee activities. A well-run andwell-maintained process, where employee safety is fully recognized benefits allof those who work in the facility whether they are employees of the employer or the contractor.

**D.****        Responsibilities**

When selecting a contractor, the employer must obtain and evaluateinformation regarding the contract employer’s safety performance and programs.The employer also must inform contract employers of the known potential fire,explosion, or toxic release hazards related to the contractor’s work and theprocess. The employers must explain to contract employers the applicableprovisions of the emergency action plan; develop and implement safe workpractices to control the presence, entrance, and exit of contract employers andcontract employees in covered process areas; evaluate periodically theperformance of contract employers in fulfilling their obligations; and maintaina contract employee injury and illness log related to the contractor’s work in the process areas.

**E.****        Program Elements**

·         The Contractor and any personnel under hisjurisdiction shall continuously observe and enforce all applicablegovernmental safety regulations and all safety rules and signs that may havebeen or may be established by Aventine. Proper safety procedures and equipmentmust be utilized and maintained at all timesfor protection of all personnel and facilities.

·         Beforebeginning work, the Contractor or his qualified supervisors shall inspect thepremises, location of work area, and examineall safety rules and instructions to determine the nature and extent ofdifficulties and hazards.

·         Contractorshall promptly report in writing, all accidents in connection with the work.Full details and statements of witnesses shall be included in the reports onany accident that has resulted in injury, property damage, or death.

·         Aventinereserves the right to suspend any Contractor where life or Company property is imperiled. The Contractor shall suspend work whennotified by the Company that any personnel or equipment are exposed tounreasonable hazards.

2

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·         Aventine shall issue Cutting and Welding permitsbefore any cutting or welding is performed in the plant. These permitsshall be renewed each day. Outside Contractors shall provide adequate fireprotection equipment at the job site, and Cutting and Welding equipment shallbe maintained and used as per O.S.H.A. standards. An Alcohol Area Hot WorkPermit must be obtained for any work in the alcohol production storage orloading areas, or any other areas defined bythe Plant contact.

·         Contractorsshall obtain approval from the Plant contact prior to moving any heavy construction equipment from one area to another.Flagmen or groundmen will be provided by the Contractor as needed aheadof or behind any heavy moving loads to ensure safe movement of this equipment.

·         Contractors’equipment, supplies and building materials shall be kept in order at all timesto eliminate accident hazard and possibleinjury to employees and its security is the responsibility of theContractor.

·         Atthe end of the workday, work areas shall be fenced, boarded and lighted asnecessary. All of the Contractors’ equipmentshall be shut off and all obstacles removed from all walking areas.

·         Alldrivers of Contractors’ vehicles are required to observe speed limitsand posted instructions on Company roads.

·         Movementof Contractor’s personnel on Company property MUST be confined to thelocation of their work site. In going to and from designated work assignments,Contractors’ personnel must stay onestablished roads and walks. They must not walk through buildings or shops.

a.)       AllContractors’ will sign in and out or use the provided swipe cards to enter and leave the plant on a daily basis at the SecurityOffice.

b.)       AllContractors’ and equipment will enter and leave the plant via the Main Gate asdirected by Security.

c.)       Contractor trucks are NOT TO BE USED TO CARRY EMPLOYEES TO AND FROMTHE WORK AREA IN AN UNSAFE MANNER. (E.g. workers are not to ride in the back ofpickup trucks, on forklifts, etc.) Any worker riding in a Contractors’ vehiclemust be in a belted seat.

d.)       Contractormust provide first aid facilities as may be needed for his employees. Except inthe case of serious accidents where the employee’s life or health may beseriously endangered. Contractor’s personnel are not to use the Company’s firstaid facilities.

3

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e.)       TheContractor is responsible for and will provide all necessary training of Contractors’ personnel so that they will befamiliar with the pertinent Company rules and regulations, and can safelyperform the job.

f.)        The Contractor is to provide all necessary safety equipment. (i.e., hardhats, safety glasses, gloves, etc.)

g.)       Contractorshall rope off or barricade all work areas as a protective measure to preventinjury to Owner’s employees, including work areas around and under overheadscaffolds and staging, floor openings, open shafts, overhead work (i.e.,cutting through floors, tower constructions, excavations, etc.). Contractorshall provide and maintain suitablecoverings or barricades on floor openings. Planks used on overhead beamsor scaffolds shall be tied down for added safety and removed when the work isfinished. Aventine will assume no responsibility whatsoever for possible damageto Contractors’ employees’ vehicles or other personal property while within the confines of Aventine.

h.)       Manlifts. All employees of outside contractors are FORBIDDEN to ridePlant manlifts.

i.)        For their own protections, all Contractors’ employees must abide by thefollowing safety dress rules:

·          Be fully clothed -shirts with sleeves and trousers (no shorts).

·          Hard hats are mandatory in all areas of the Plant, except in offices,lunchrooms, restrooms and parking lot (outside Plant).

·          Footwear - shoes of durable work type must be worn. Tennis or canvasshores are not allowed in the Plant. Aventine encourages the use ofsteel toed safety shoes.

·          Hearing Protection is mandatory in those areas of the Plant designated“Hearing Protection Required”, OSHA 1910.95.

j.)        Contactlenses should not be worn in areas where there is a potential exposure tocorrosive, irritating or toxic chemical vapors, mists, fumes or dustyenvironment. A contaminant may permeate the lens and be held in contact withthe eye, thereby, producing eye damage. Wearing contact lenses in contaminatedatmospheres with a full-face respirator is prohibited by Federal regulation:OSHA29 CFR 1910.134(e).

k.)       Gambling, drunkenness, fighting, firearms, habit-forming drugs,intoxicating liquor and “Practical Joking” or “Horseplay” are notpermitted on Company property.

l.)        Radioscapable of receiving commercial broadcast are not permitted in the Plant.

m.)      Camerasare not permitted in the Plant.

4

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n.)       Running is prohibited inthe Plant.

o.)       Crossingstanding railcars by climbing through cars or climbing over the car couplers isstrictly forbidden. Care must be taken that no rail car switching or pulling isbeing done before crossing the tracks at the end of the cars.

p.)       Fire Regulations:

·         No smoking shall bepermitted anywhere within Aventine property except in areas clearly designatedfor that purpose.

·         Storage or use of combustible or otherwise hazardous materials isprohibited except in amounts allowed by Aventine fire insuranceunderwriters. Flammable liquids, such asgasoline, kerosene, alcohol, diesel oil, etc. must be kept under lockand key in locations designated by Aventine.

·         At the end of each day,Contractor shall dispose of any combustible or otherwise hazardous debris andremove all empty gas and oxygen cylinders.

·         No gasoline, fuel oil,alcohol or other flammables are allowed on the premises without the permissionof Aventine.

·         No tar pots or similarequipment are allowed on any roof.

·         All welding will beperformed by properly grounding directly to piece being welded and requiresPlant permit.

·         All tarpaulins must befire retardant.

·         All fires and accidents must be reported to Aventine Project Engineer.

·         Contractor is prohibitedfrom using any stud riveter depending on any explosive cartridge as a means ofoperations.

5

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**Exhibit T – Major Subcontractors List**

**Mount Vernon Ethanol**
| **Scope of Work**        | ** ** | **Subcontractor/Vendor** | ** ** | **Location** |
|--------------------------|------------|--------------------------|------------|--------------|
|                     |       |                     |       |         |
| Insulation               |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Field Tanks              |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Grain/DDGS Handling      |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Pre-Engineered Buildings |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Fire Protection          |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Scaffold Erection        |       | TBD                      |       |         |
|                     |       |                     |       |         |
| Electrical Construction  |       | TBD                      |       |         |

 

----

**Exhibit U**

**Manufacturers not covered by Indemnity**

**NONE**

----