67
Exhibit 10.15
to Form 10-K
AGREEMENT Agreement#__________________
PARTIES: OLSSON INDUSTRIAL ELELECTRIC, INC. "Contractor"
▇.▇. ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
And
Synthetech, Inc.
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ "OWNER"
1. SCOPE OF WORK: CONTRACTOR agrees to furnish al
supervision, tools, equipment, labor and materials necessary to
fully complete the following project in a workmanlike manner,
within the times and in accordance with the drawings and
documents specified below and the scope of work contained in
CONTRACTOR'S letter to OWNER dated March 5, 1999.
(a) Drawings and Documents: Furnished by Owner
(b) Begin work: March 1, 1999 Complete work: JULY 1, 1999
(c) Description of Project: Phase II Expansion Electrical -
tank farm Area
2. PAYMENT. Owner agrees to pay CONTRACTOR compensation based
on published labor rates and material markup as follows:
COMPENSATION CATEGORY METHOD
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A. Contractor owned rental equipment At "best" publishedprice
B. Third party rental equipment Actual Invoice plus 10%
C. Small tools valued at $750 or less No charge,included in labor rates
D. Materials that become part of the
installation Actual invoice amount plus 10%
E. Subcontractors Actual invoice amount plus 10%
F. Hourly wages $ per attached rate schedule
G. Subsistence $ None
3. INDEMNITY. Each party agrees to defend, indemnify and save
harmless the other party and its agents and employees against any
and all uninsured loss, damage, liability, claims demands or
costs (including attorneys fees) resulting from injury or harm to
persons or property (including without limitation, the
indemnifying parties agents, employees or property) arising out
of or in any way connected with the acts or omissions or breach
of this Agreement by the indemnifying party and its employees and
agents except for injuries or harm caused in substantial part by
the indemnified party or its employees or agents.
4. INSURANCE. Prior to commencement of work, CONTRACTOR shall
obtain and maintain in lull force and effect during the term
hereof, at Contractor's sole expense the following insurance
coverage upon CONTRACTOR'S operations hereunder.
(a) Comprehensive General Liability, including contractual,
XCU, products and completed operations with minimum limits of
$500,000 per person and $1,000,000 per occurrence bodily injury
and $500,000 property damage or combined single limit of
$1,000,000.
(b) Comprehensive Automobile Liability covering owned, hired
and non-owned vehicles with minimum limits of $50(0,000 per
person and $1,000,000 per occurrence the bodily injury and
$500,000 properly damage or
AGREEMENT - PAGE 1 OF 2
68
combined single limit of $1,000,000.
(c) Worker's Compensation insurance as required by law,
including Employer's Liability.
OWNER shall be designated as an additional insured under the
policies described in (a) and (b) above if OWNER requests in
writing. CONTRACTOR shall furnish OWNER with Certificates of
Insurance evidencing compliance herewith upon request CONTRACTOR
shall obtain an endorsement, if requested by OWNER, requiring
thirty (30) days written notice ▇▇▇▇▇ to any material change of
coverage or cancellation or termination of coverage
5. CHANGE ORDERS. OWNER may increase, decrease or alter work to
be done and materials furnished hereunder with CONTRACTORS prior
written consent. Any changes and the adjustment of the fixed fee
resulting from the change shall be agreed to in writing prior to
performance of the changed scope of work.
6. WARRANTY. All work and materials furnished hereunder shall
meet the requirements of section I above. CONTRACTOR shall
repair or replace, at CONTRACTOR'S expense any material furnished
by CONTRACTOR which fails to meet the requirements of section I
if the defect or non conformity is reported to CONTRACTOR in
writing within one year after final payment. CONTRACTOR MAKES NO
OTHER WARRANTY EITHER EXPRESS OR IMPLIED AND NO WARRANTY OF
MERCANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
CONTRACTOR SHALL, NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
7. COMPLIANCE AND INTERFERENCE. CONTRACTOR shall comply with all
public laws, ordinances, and requirements respecting the work,
obtain all required permits. All work shall be done in a manner
which minimizes interference with OWNERS ongoing operation to the
extent CONTRACTOR can reasonably do so.
8. DISPUTES. All disputes between the parties arising out of or
related to this Agreement or the work described in section I
shall be resolved by arbitration in accordance with the rules of
the American Arbitration Association unless joinder of a third
party is necessary for a complete resolution of all issues in
dispute, in that case either party may resort to litigation to
resolve such dispute so long as the third party is joined in such
litigation. Any arbitration award shall be final and binding and
may be registered as a final Judgment in any court with
jurisdiction. Arbitration off trial litigation shall be in Lane
County Oregon. The prevailing party us any arbitration or
litigation shall be awarded such parties attorney's fees, cost
and all expanses incurred therein and in any appeal therefrom and
in enforcing and collecting any judgment or award.
DATED this 26th day of March , 1999
CONTRACTOR : OWNER:
By: By: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: President Title: Director of Engineering
AGREEMENT PAGE 2 OF 2
69
Olsson Industrial Electric
1919 ▇▇▇▇▇ ▇.▇. ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇ FAX (▇▇▇) ▇▇▇-▇▇▇▇
March 5, l999
Synthetech Inc.
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▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇
Attention: ▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Subject: Phase II Expansion Electrical - Tank Farm Area.
Dear Sirs:
In response to your request we are pleased to offer our estimate
for the following electrical installation:
1. Install Beckoff I/O cabinet on the East inside wall of
the Process MCC Room.
Note: Pricing related to providing enclosure and
assembly of I/O cabinet will be broken down as a
separate line item at the end of this quotation
2. Furnish and install conduit and wiring related to the
Process MCC Beckoff l/O Cabinet in accordance with the following
Olsson Industrial Electric, Inc. drawings:
- DWG OIE-421
- DWG OIE-422
Note #1: All wiring in Tank Farm area has been figured
as Class I Division 1.
Note #2: Refer to Synthetech Project Scope and Final
Draft I/O list, dated 2/23/99 as reference for devices
being wired in this proposal (attached to bid).
Note #3: Conduit and wiring related to the following
areas has not been included in this proposal:
- Solvent Still
- Distillation Skid
- Scrubbers 266, 267
- Vacuum Pumps 256, 257~ 25E, 259
- Tanks 520 and 530
3. Furnish and install conduit and wiring from the Process
MARC out to the
following motors:
(4) Tank Farm Pumps (15HP) 3/4" C (4) #l0
70
Note: Starters for the pumps are existing in the
Process MCC.
4. Furnish and install conduit and wiring from the 1
20/240 volt single phase
panel and the 277volt lighting panel out to the
following devices:
Tank Farm Area
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- (2) l 20vac convenience outlets
- (6) 250watt 277volt Class l Division l Pendant Mount
- (8) 250watt 277volt Class l Division l Stanchion Mount
- 120vac 20amp circuit for foam system
Note: The (6) 250watt pendant fixtures were furnished
under the New Chemical Storage Building Proposal.
5. Furnish and install (l} 1-1/2' C with (30) #16TFFN from
the Tank Farm Foam System Control Panel to the Process MCC I /O
Cabinet.
6. Furnish and install (1) l " C with (1) 4pair 24awg
cable from the Tank Farm to the control room for MMI Display
Communication.
7. Support brackets and wall sawing related to conduit rack on
the West outside wall of the plant has been included in this
estimate.
Our estimate for the above described electrical installation can he broken
down as follows:
A. Installation: $108,340.00
▇. ▇▇▇▇▇▇▇ l/O Enclosure: $ 6,550.00
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Total: $114,890.00
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We would like to thank you for the opportunity of offering this
proposal and look forward to hearing from you whenever we may be
of service.
Sincerely,
Olsson Industrial Electric, Inc.
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SYN4 IKE95
