exv10w2



 







Exhibit 10.2




CONTRACTOR AGREEMENT




          THIS AGREEMENT made this 1st day of May 2006, by and between Walsh-Hohenstein
and Hohenstein Construction Co. hereinafter called the Contractor, and Siouxland Ethanol LLC
hereinafter called the Owner.




          WITNESSED, that the Contractor and the owner for the considerations named agree as follows:



          
ARTICLE 1. SCOPE OF WORK




          The Contractor shall furnish all of the material and perform all of the labor shown on the
drawings as it pertains to the construction of the Siouxland Ethanol Office Building on the
property located at: 1501 Knox Blvd. Jackson, NE 68734




          ARTICLE 2. TIME OF COMPLETION




          The work to be performed under this Contract shall be commenced on or before May 1, 2006 time
is of the essence. It shall be substantially completed on or before APROX. October 1st,
2006.




          ARTICLE 3. THE CONTRACT PRICE




          The Owner shall pay the Contractor for the material and labor to be performed under the
Contract the sum of $275,530.00, subject to additions and deductions pursuant to authorized change
orders.




          ARTICLE
4. THE PROGRESS PAYMENTS




          Payments of the Contract price shall be paid in the manner following:




          Draw requests shall be submitted for payments as items of construction are completed and approved
by Owner & Contractor.




          -15% at the completion of the foundation & approved by Owner.




          -15% at completion of the framing & approved by Owner.




          -15% after enclosed with window, siding, stone, and roofing & approved by Owner.




          -15% after all electric, plumbing, mechanical, misc. wiring, rough in is complete &
approved by Owner.




          -15% after completion of insulation, tape and texturing & approved by Owner.




          -15% after completion of trim and mill work & approved by Owner.




          -10% at final completion & Owner walk through.




          ARTICLE 5. GENERAL PROVISIONS





	 	1.	 	All work shall be completed in a workmanship like manner and in compliance
with all building codes and other applicable laws.
	 
	 	2.	 	To the extent required by law individuals duly licensed and authorized by law
to perform said work shall perform all work.




 









 






	 	3.	 	Contractor may at its discretion engage subcontractors to perform work
hereunder, provided Contractor shall fully pay said subcontractor and in all instances
remain responsible for the proper completion of this Contract.
	 
	 	4.	 	Contractor shall furnish Owner appropriate releases or lien waivers for all
work performed and materials provided before the next periodic payment shall be
received.
	 
	 	5.	 	All change orders shall be in writing and signed by both Owner and Contractor
and entered for payment after completion & approved by the Owner.
	 
	 	6.	 	Contractor warrants it is adequately insured for injury to its employees and
others incurring loss or injury as a result of the acts of Contractor or its employees
of subcontractors.
	 
	 	7.	 	Contractor shall agree to remove all debris and leave the premises in broom
clean condition.
	 
	 	8.	 	Contractor shall at its own expense obtain all permits necessary for the work
to be performed.
	 
	 	9.	 	In the event Owner shall fail to pay any periodic or installment payment due
hereunder, Contractor may cease work without breech pending payment or resolution of
any dispute.
	 
	 	10.	 	All disputes hereunder shall be resolved by binding arbitration in accordance
with rules of American Arbitration Association.
	 
	 	11.	 	Contractor shall not be liable for any delay due to circumstances beyond its
control including weather, strikes, or general unavailability of materials.





          ARTICLE 6. SIGN PERMITTED ON THE PREMISES





          Contractor shall have the right to maintain a sign on Owner’s premises during the
construction.



          ARTICLE 7. EXPRESS WARRANTY & EXCLUSION OF IMPLIED WARRANTIES





          Contractor warrants the construction and materials for a period of one (1) year after
completion of the Project against defects arising or resulting from faulty workmanship or
materials furnished by Contractor. Contractor’s liability hereunder shall be limited only
to the repair or replacement of the defective material and workmanship. This warranty
shall be void if the Project is altered by anyone other than the Contractor and, in no
event, shall the contractor be liable for special and consequential damages or for delay in
performance under this warranty due to causes beyond Contractor’s control. Owner shall be
responsible for maintaining Owner’s property and the Project. Contractor shall not be
liable for special and consequential damages caused by or dealy in performance Owner’s
responsibilities. Owner shall give notice of observed defects with reasonable promptness.
Any manufacture’s warranty or guarantee received by the Contractor on behalf of the Owner
shall be given to Owner upon request, or at the time final payment to Contractor is
received.



          ARTICLE 9. OTHER TERMS





	 	1.	 	Electrical allowance — $18,831.00

	 
	 	2.	 	Floor covering allowance — $6,808.00
	 
	 	3.	 	Cabinet and counter top allowance — $3,000.00





 









 











These items listed as allowances may be deducted from contract amount if Owner chooses to
purchase or provide thru sub-contractor or supplier, or a portion agreed upon by Owner and
Contractor.




SIGNED in the presence of:



	 	 	 	 	 
	 
	 	 	 	 
	 

	 	 
	 	 
	 

	 	Witness
	 	Date
	 
	 	 	 	 
	 

	 	 
	 	 
	 

	 	Contractor-Walsh-Hohenstein
	 	Date
	 
	 	 	 	 
	 

	 	 
	 	 
	 

	 	Owner-Siouxland Ethanol LLC
	 	Date