Exhibit 10(ee)


 


CONTRACT AGREEMENT


 


This Contract Agreement is made and effective as of October 27, 2004,
by and between The Dayton Power and Light Company, a corporation of the State
of Ohio, (hereinafter called Purchaser), with offices at US Route 52 (4 miles
east of Aberdeen), Aberdeen, Ohio, 45101, and Pullman Power LLC, a Limited
Liability Corporation of the State of Maryland, (hereinafter called
Contractor), with offices at 1575 Universal Avenue, Ste. 230, Kansas City,
Missouri 64120.  Wherever the word
“Subcontractor” is used in this Contract, it shall be deemed to mean the
Contractor.  Purchaser and Contractor
(collectively, the Parties) agree as follows:


 


In consideration of the mutual covenants contained herein and other
valuable consideration, receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:


 


Contractor agrees to provide all adequate and
competent labor, plus all materials, equipment, tools, supplies,
transportation, supervision, technical and professional and other services and
items, and to perform all operations necessary and required for the complete
performance of the work (“Work”) for the
J.M. Stuart Station AQC Project, in accordance with Specification No.
069685.71.0409 (the Specification).


 


Purchaser shall pay to Contractor, in the
manner indicated within the Specification, for the complete and satisfactory performance of all the
Work, a firm, fixed lump sum amount of $31,000,000.00, which the Contractor shall accept as full compensation
therefore.


 


Time is a material
consideration of this Contract Agreement. 
The
Work shall be performed in accordance with the schedule provided within the Specification. 
The Parties agree that neither this Contract Agreement nor any
other portion of the Specification releases Contractor to proceed with any
portion of the Work described herein. 
Such release shall only be made by Purchaser’s issuance of a Purchase
Order (or Purchase Orders) to Contractor, which may release Contractor for all
or only a portion of the Work described herein. 
The commercial terms and conditions contained herein supercede the terms
and conditions which are included with said Purchase Order.


 


IN WITNESS WHEREOF, Purchaser and Contractor have signed this Contract
Agreement in triplicate.


 


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    Pullman Power LLC

  	
   

  
	
   

  	
  (Contractor)

  	
   

  
	
   

  	
   

  	
   

  
	
  By

  	
   

  	
   

  
	
   

  	
  (Printed Name)

  	
   

  
	
   

  	
   

  	
   

  
	
  By

  	
   

  	
   

  
	
   

  	
  (Signature)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  (Title)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  (Date)

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  Contractor Federal Tax ID Number

  	
   

  



 


 


	
   

  	
    The Dayton Power and Light Company

  	
   

  	
   

  
	
   

  	
  (Purchaser)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  By

  	
    A. A. Farrell

  	
   

  	
   

  	
   

  
	
   

  	
  (Printed Name)

  	
   

  	
  (Legal Dept.)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  (Signature)

  	
   

  	
  (Purchasing Dept.)

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  (Title)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  (Date)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  By

  	
    W. S. Wolff

  	
   

  	
   

  
	
   

  	
  (Printed Name)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  By

  	
   

  	
   

  	
   

  
	
   

  	
  (Signature)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  (Title)

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  (Date)

  	
   

  	
   

  



 


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BASIS OF CONTRACT


 


GENERAL


 


This Basis of Contract covers
certain designated stipulations agreed upon during negotiations between The
Dayton Power & Light Company (Purchaser) and Pullman Power LLC  (Subcontractor) for the furnishing of the
Concrete Stack (the Work) for the J.M. Stuart Station AQC Project, in
accordance with Specification No. 069685.71.0405.


 


SCHEDULE


 


The agreed upon schedule for the Work is as detailed in Section 01100
of the Specification.


 


PRICE


 


The agreed upon Total Firm Lump Sum Price for performing the Work is
$31,000,000.00, as itemized in the Commercial Data Section.


 


The Total Firm Lump Sum Price does not include the cost of 100% Performance
and Payment Bonds.


 


The Total Firm Lump Sum Price includes all payroll and related
compensation taxes and does not include applicable state and local sales or use
tax.


 


INVOICE ADDRESSES


 


Original invoices shall be sent to Purchaser’s Engineer at the
following address:


 


Black & Veatch Corporation (Agent for
DP&L)


11401 Lamar Avenue


Overland Park, KS 66211


Attn. Carlin Knudsen, Asst. Project Manager


 


PURCHASER/ENGINEER CONTACT INFORMATION


 


Correspondence to Purchaser and to Black & Veatch Corporation
(“Engineer”) shall be directed as stated in the Supplementary Conditions.


 


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SUBCONTRACTOR CONTACT INFORMATION


 


Correspondence to Subcontractor shall be directed as follows:


 


	
  Company:

  	
  Pullman Power LLC

  
	
  Address:

  	
  1575 Universal Ave, Ste. 230

  
	
   

  	
  Kansas City, MO 64120

  
	
  Name:

  	
  Mr. David Clary

  
	
  Phone:

  	
  816-231-7400

  
	
  Fax:

  	
  816-241-5582

  
	
  E-mail:

  	
  dclary@structural.net

  



 


DELINEATIONS


 


Wherever wording in the Specification is printed with double underscore
with side bars, such wording has been added to the original text, and wherever
wording is printed and struck through with side bars, such wording has been
deleted from the original text, both to reflect mutually agreed upon revisions.


 


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