Exhibit H Billing Procedures Page 1 of 7

PAYMENT PROCEDURES

Gilbane will use Textura Contract Payment systems to manage Trade Contractors pay applications and compliance documentation. Please sign up online with Textura at http://www.texturallc.com A Textura Fact sheet is attached to Contract documents with process and pricing information. Upon award of the Trade Contract, Trade Contractors shall: 1. 2. 3. Submit for approval a listing of all Trade Subcontractors and major suppliers to be used on the project. Waivers of Lien will be required from these firms. List all Trade Subcontractors and major suppliers on each progress billing on the Contractors Affidavit. Submit for approval a detailed Contractors Schedule of Values of the Trade Contract Award amount. This breakdown shall be divided into both labor and material line items for each major area of work in the contract specification sections. Amendments to the Trade Contract must be listed separately by amendment and change request number, leaving a subtotal for original contract amounts. Use this same format, once approved, on each progress billing. The Schedule of Values shall include line items for punchlist, O&M Manuals/As-builts, Trade Contractor Cleanup, and interim cleanup. Once the Schedule of Values is approved by the Construction Manager, it is to be used on all applications for payment indicating percentage of completion applicable to each of them.

4.

The following items must be submitted to the Construction Manager before the first Payment Application will be processed: 1. 2. 3. 4. 5. 6. 7. 8. Executed Trade Contract. Certificate of Insurance complying will all requirements of Schedule A Insurance Specifications. Performance and Labor and Material Payment Bonds. Trade Contractors Safety Plan, Hazcom Plan including MSDS sheets, and Hazard Analysis Plans. Initial submittal of Trade Contractors schedule. Draft Material Status report. A list of all Trade Subcontractors of any tier that will supply labor on site and any major suppliers over $10,000.00. Approved Schedule of Values.

Applications for payment are to be submitted electronically utilizing Textura. A draft copy will be submitted electronically to the Construction Manager for approval. The Construction Manager will review and markup the draft copy and return it to the Trade Contractor for revision. Trade Contractors shall revise the application for payment in accordance with the Construction Managers comments. Deviations from the approved draft are not permitted without the approval of the Construction Manager. Draft and Final copies of the application for payment shall be submitted on the date required by the Construction Manager.

Applications for payment should include work estimated to be completed through the last day of the month. NOTE: In order to meet the Owners payment schedule, incomplete or late applications may be held for the next billing period. Applications for payment will consist of the following. a. AIA document G702 - Application and Certificate for Payment. b. AIA document G703 - Schedule of Values c. Contractors Waiver of Lien/Affidavit On the Affidavit section of the waiver form list all trade subcontractors and suppliers. Use of conditional waivers or trailing waivers to be determined. 1. 2. Trade Contractors Waivers are to be totaled cumulatively, ie. total net amount of payments received by your firm to date. Suppliers waivers and Trade Subcontractors Waivers will be submitted as verification of payments to those suppliers/trade subcontractors as listed on the Trade Contractors affidavit. Waivers of Lien are not required for the initial payment request, but are mandatory as part of all subsequent payment requests. Subsequent progress payments will not be released until waivers for prior payments are received by the Construction Manager. The monthly updated Material Status Reports and Trade Contractors schedule. Recycling Status Report.

3.

4. 5.

d. Union Payment Confirmation (where Unions are supplying labor) will be submitted as verification of payments noted on the previous months sworn statements. Waivers of Lien and Union Payment Confirmation (where Unions are supplying labor) are not required for your initial payment requests, but are mandatory as part of all future payment requests. Subsequent progress payments will not be released until these documents for prior payments are received. Also include sub-sub and suppliers waivers. (Refer to Exhibit B for draft working the Trade Contractor should receive from their Unions and submit for the Union Payment Confirmation) Retainage will only be reduced when the following has occurred: 1. 2. 3. Issuance of a Certificate of Substantial Completion by the Architect or Owner. Submittal of all warrantees, guarantees, as-builts, and operating/ maintenance manuals or instructions. Instruction of the Owners personnel.

Note: Each Trade Contractor is to adhere to the following Billing Instructions:

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Date: Re: Valent BioSciences Fermentation Campus Gilbane Project #: 134975000

Your firm was recently awarded a contract for the above referenced project. In order to expedite the payments and to avoid any misunderstanding as to the proper billing procedures we request that the following instructions be diligently adhered to: 1 The following are the items that the subcontractor must comply with immediately following the contract award for issuance of payment. A. Submit for approval a listing of all trade contractors and major suppliers to be listed each month on the Contractor's Sworn Statement. Schedule of Values Submit for approval a detailed Schedule of Values of your contract amount on AIA form within 15 days of contract award. This breakdown shall be divided into both labor and material line items for each major area of work in your contract specifications. Amendments to your contract must be listed separately by amendment and change request number (the change request number is indicated on the amendment), leaving a subtotal for original contract amounts. Once this schedule is approved by Gilbane, it is to be used on all progress billings indicating percentage of completion applicable to each item. C. Return to our purchasing department your signed contract, performance bond, Drug certification letter, and certificate of insurance. These Items must be received prior to commencement of any jobsite activity or processing of payment applications. Material Status Reports Submit initial report in format corresponding to Schedule of Values within 15 days contract award. A copy of the form to be used is attached. 1. Material Status Reports are required every month with billing. If they are not submitted, the requisition will not be accepted.

B.

D.

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Billings Instructions: Gilbane will use Textura Contract Payment systems to manage trade contractor pay applications and compliance documentation. Please refer to Exhibit "A" for more information. Please sign up with Textura athttp://www.texturallc.com. A. Gilbane uses a draft procedure to determine your work in place percentages on each monthly progress billing. The procedures are as follows: 1. The electronic draft of your schedule of values must be submitted to the Gilbane project staff by the dates indicated on the attached schedule or as referenced by Textura. Your work in place percentages should be projected through the end of the current billing month. For Example: Your draft copy is submitted on the 20th, but you will project through the end of the current billing month. The percentages indicated on your draft will be verified by our project staff and you will be notified of any necessary changes or revisions. Once your draft copy is approved, you should submit your formal billing electronically by the dates indicated on the attached schedule or as referenced by Textura.

2.

NOTE: In order to meet the Owner's payment schedule, incomplete or late applications will be held for the next billing period. B. Contractor's application for payment will consist of the following: 1. 2. 3. AIA document G702 - Application and Certificate for Payment. AIA document G703 - Schedule of Values. Contractor's Waiver of Lien/Affidavit - On the affidavit section of this form you will list your subcontractors and suppliers. a. Contractor's Waivers are to be totaled cumulatively, i.e. total net amount of payments received by your firm to date. Sub-sub, supplier's waivers, and union payment confirmation (where unions are supplying labor) will be submitted as verification of payments noted on the previous month's sworn statements. Refer to Exhibit "B" for draft wording the trade contractor should receive from their unions and submit for the union payment confirmation.

b.

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c.

Waivers of Lien and union payment confirmation (where unions are supplying labor) are not required for your initial payment requests, but are MANDATORY as part of all future payment requests. Subsequent progress payments will not be released until these documents for prior payments are received. Also include sub-sub and supliers waivers. Refer to Exhibit "A" for draft wording the trade contractor should receive rom their unions and submit for the union payment confirmation. Certified payrolls must be current with monthly utilization report for previous month. (Submit weekly payroll reports.)

d.

4. 5. 3 Extra Work A.

Updated monthly Material Status Report. If required, monthly MBE and Safety Reports.

You are cautioned concerning any extra work. This department will not under any circumstances make payment to you for extra work included as part of your monthly Request for Payment unless a Contract Amendment has been issued or a separate Purchase Order written. Daily Time and Material Slips will be processed only if they are signed on a daily basis by the Gilbane Project Manager or his designee. Original invoices for material and equipment, certified payrolls and a labor rate breakdown will be required as back up to any authorized time and material work.

B.

Off-Site Stored Materials In order to invoice for materials stored off-site, the following documents must be submitted. Gilbane will provide a Stored Material Request package, which consists of the following for your execution: A. Stored Materials Request - Request should be submitted 25 days prior to the established billing date. A fully executed Bill of Sale naming the Owner as purchaser and a guarantee of delivery to the project site. Schedule "A" to the Bill of Sale will list the material to be
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B.

sold and the total dollar value. C. Any material stored off-site must carry additional insurance (All Risk Ryder) for the full invoiced value of the items. The certificate holder should be Gilbane Building Company. The insured party, the payee in case of loss, will be the Owner. There will be no deductible attached and the policy will provide a minimum of thirty (30) days notice of cancellation to the certificate holder. All certificates must list Gilbane Building Company and the Owner as "Additional Insureds". D. Provide arrangements for a designated Gilbane employee to inspect the material at its stored location. Retention on off-site stored materials is 25%.

E. 5

Contract Close-Out A. When your contract has reached substantial completion, request for contract closeout should be made in writing to the Project Manager. The final billing should include: General Release and Waiver of Lien (enclosed) General Guarantee (enclosed) Contractor's Affidavit / Final Waiver (enclosed) Subs/Supplier's Final Waivers Final Consent of Surety (provided by the bonding company)

1. 2. 3. 4. 5. 6

Electronic Payment Gilbane will be making payments via Textura's ACH process. Please have your company set up for Textura ASAP so that there are no delays in receiving your payments. Once you receive confirmation of your setup please let me know so that I may confirm on my end.

If you have any questions as to the proper execution or use of these forms or any questions concerning these instructions, do not hesitate to call the Project Manager.

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By earnestly following these instructions a significant contribution will be made to the success of the project to the benefit of all concerned. Sincerely , GILBANE

Project Accountant

enclosures

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