Exhibit 10.1


 


BID FORM


 


PROJECT
IDENTIFICATION:


 


Golden Grain Energy, LLC


 


CONTRACT
IDENTIFICATION AND NUMBER:


 


Spur track for ethanol facility
at Mason City, Iowa


 


THIS
BID SUBMITTED TO:


 


Walter Wendland, Golden Grain
Energy, LLC, 14542 – 240th Street, Mason City, IA  50401


 


1.01         The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with OWNER in the form included in the
Bidding Documents to perform all Work as specified or indicated in the Bidding
Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.


 


2.01         Bidder accepts all of the terms and conditions of the
invitation to Bid and Instructions to Bidders, including without limitation
those dealing with the disposition of Bid security.  The Bid will remain subject to acceptance for 60 days after the
Bid opening, or for such longer period of time that Bidder may agree to in
writing upon request of OWNER.


 


3.01         In submitting this Bid, Bidder represents, as set forth in
the Agreement, that:


 


A.            Bidder has examined
and carefully studied the Bidding Documents, the other related data identified
in the Bidding Documents, and the following Addenda, receipt of all which is
hereby acknowledged.


 




	
  Addendum No.

  	
   

  	
  Addendum
  Date

  	
   

  
	
  1

  	
   

  	
  2/10/04

  	
   

  
	
  2

  	
   

  	
  2/23/04

  	
   

  
	
  3

  	
   

  	
  2/26/04

  	
   

  






 


B.            Bidder has visited
the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the
Work.


 


C.            Bidder is familiar
with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.


 

















 


D.            Bidder has carefully
studied all:  (1) reports of
explorations and tests of subsurface conditions at or contiguous to the Site
and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions, and (2) reports and
drawings of a Hazardous Environmental Condition, if any, which has been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the
General Conditions.


 


E.             Bidder has obtained
and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Bidder,
including applying the specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents to be
employed by Bidder, and safety precautions and programs incident thereto.


 


F.             Bidder does not
consider that any further examinations, investigations, explorations, tests,
studies, or date are necessary for the determination of this Bid for
performance of the Work at the price(s) bid and within the times and in
accordance with the other terms and conditions of the Bidding Documents.


 


G.            Bidder is aware of
the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Bidding Documents.


 


H.            Bidder has
correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the
Bidding Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Bidding Documents.


 


I.              Bidder has given
ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents, and the written resolution
thereof by ENGINEER is acceptable to Bidder.


 


J.             The Bidding
Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance of the Work for which this Bid is
submitted.


 

















 


4.01         Bidder further represents that this Bid
is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; Bidder has not solicited or induced any individual or entity to
refrain from bidding; and Bidder has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER.


 


	
  SUBCONTRACTOR
  NAME:

  	
   

  	
  SUBCONTRACTOR
  WORK:

  
	
   

  	
   

  	
   

  
	
  Yaggy Colby
  Associates

  	
   

  	
  Surveying

  
	
   

  	
   

  	
   

  



 


5.01         Bidder will complete the Work in
accordance with the Contract Documents for the following price:


 


LUMP SUM BID PRICE:  $640,000.00 
(Figures)


Six hundred
forty thousand dollars and no cents 
(Words)


 


A.            Unit Prices for Additional Work:


 


For additional work ordered by OWNER, and not for determining the Lump
Sum Bid Price, the following Unit Prices shall be used to determine the change
in Contract Price.  Unit Prices have
been computed in accordance with paragraph 11.03.B of the General Conditions.


 


	
  ITEM

  	
   

  	
  DESCRIPTION

  	
   

  	
  UNIT

  	
   

  	
  UNIT COST

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  TRACK WORK

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  1

  	
   

  	
  No. 9
  Turnout (Size:  112)

  	
   

  	
  EACH

  	
   

  	
  $

  	
  22,040.00

  
	
  2

  	
   

  	
  Track
  (Size:  112)

  	
   

  	
  TF

  	
   

  	
  $

  	
  65.10

  
	
  3

  	
   

  	
  DSP Derail
  (Size:  112)

  	
   

  	
  EACH

  	
   

  	
  $

  	
  10,960.00

  
	
  4

  	
   

  	
  Precast
  Concrete Crossing

  	
   

  	
  LF

  	
   

  	
  $

  	
  220.00

  
	
  5

  	
   

  	
  Direct
  Fixation (Size:  112)

  	
   

  	
  TF

  	
   

  	
  $

  	
  73.80

  



 


6.01         Bidder
agrees that the Work will be substantially complete on or before the dates
shown in Article 4 of the Agreement, and in accordance with paragraph 14.07.B
of the General Conditions.


 


6.02         Bidder accepts the provisions of the Agreement as to
liquidated damages in the event of failure to complete the Work within the
times specified above, which shall be stated in the Agreement.


 


7.01         The following documents are attached to and made a condition
of this Bid:  NONE.


 

















 


8.01         The terms used in this Bid with initial capital letters have
the meanings indicated in the Instructions to Bidders, the General Conditions,
and the Supplementary Conditions.


 


SUBMITTED on March 4, 2004


 


	
  Contractor’s State License No.

  	
   

  	
  (if applicable)

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  If Bidder
  is:

  	
   

  
	
   

  	
   

  
	
  An Individual

  	
   

  
	
   

  	
   

  
	
   

  	
  Name (typed
  or printed):

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
  (SEAL)

  	
   

  
	
   

  	
   

  	
  (Individual’s signature)

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Doing
  business as

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Business
  address:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Phone No.:

  	
   

  	
    Fax No.:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  A Partnership

  	
   

  
	
   

  	
   

  
	
   

  	
  Partnership Name:

  	
   

  	
  (SEAL)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
   

  
	
   

  	
   

  	
  (General Partner’s Signature – attach
  evidence of authority to sign)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Name (typed or printed):

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Business
  address:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Phone No.:

  	
   

  	
  Fax No.:

  	
   

  	
   

  
																			



 

















 


A Corporation


 


	
   

  	
  Corporation Name:

  	
  KELLY-HILL COMPANY

  	
   

  	
   

  	
  (SEAL)

  	
   

  
	
   

  	
   

  
	
   

  	
  State of Incorporation:

  	
  Missouri

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Date of Qualification to do business:

  	
  January 1, 1955

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   Type (General Business, Professional, Service, Limited
  Liability):

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Construction

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Greg Wright

  	
   

  
	
   

  	
  (Signature-attach evidence of authority to
  sign)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Name (typed or printed):

  	
  Greg Wright

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Title:

  	
  Vice-President

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Attest:

  	
  /s/ Kathy Wright

  	
   

  
	
   

  	
  (Signature of Corporate Secretary)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Business
  address:

  	
  P. O. Box
  681464

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Riverside, MO  64168

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Phone No.:

  	
  816-741-7727

  	
  Fax No.:

  	
  816-587-4123

  	
   

  
																			



 


 


END