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This Construction Agreement involves

CHENIERE ENERGY INC

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Title: construction agreement
Date: 2/27/2008
Industry: Oil and Gas Operations     Sector: Energy

This commercial Construction Contract is an actual Construction agreement drafted by a top U.S. law firm for one of their clients. More Construction agreements can be found in our legal document library. Search through millions of legal documents in our legal library for your Construction Agreements.
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Exhibit 10.47

SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

 

OWNER: Cheniere Creole Trail Pipeline, L.P.

 

CONTRACTOR: Sheehan Pipe Line Construction Company
(SPLCC)

 

DATE OF AGREEMENT: January 10, 2007

 

SUBJECT: Additional Clearing Crew Move Around from
Station Number 1634+71 to 1648+71.

  

CHANGE ORDER NUMBER: CCT 3A-012

 

DATE OF CHANGE ORDER: 10-20-07

 

 

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Schedule D-3 per the construction agreement between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007, Cheniere will compensate SPLCC by line item M-38.

Cheniere had not secured agreements necessary to clear this property therefore forcing the Clearing Crew to move-around this location to continue clearing.

 

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22
      

Net change by previously authorized Change Orders

   $ 4,548,491.02
      

The Estimated Contract Price prior to this Change Order was

   $ 70,154,230.24
      

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 16,000.00
      

The new Estimated Contract Price including this Change Order will be

   $ 70,170,230.24
      

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31 , 2008 .

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29 , 2008 .

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31 , 2008 .

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.

    Sheehan Pipe Line Construction Company
       

Owner

    Contractor

/s/ T. R. Hutton

    /s/ Robert A. Riess, Sr.
       

Signature

    Signature

T. R. Hutton

    Robert A. Riess, Sr.
       

Name

    Name

Director - EPC

    President & COO
       

Title

    Title

11/2/07

    Nov. 26, 2007
       

Date of Signing

    Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

 

OWNER: Cheniere Creole Trail Pipeline, L.P.

 

CONTRACTOR: Sheehan Pipe Line Construction Company
(SPLCC)

 

DATE OF AGREEMENT: January 10, 2007

 

SUBJECT: Additional Clearing Crew Move Around from
Station Number 1068+95 to 1083+68.

  

CHANGE ORDER NUMBER: CCT 3A-013

 

DATE OF CHANGE ORDER: 10-20-07

 

 

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Schedule D-3 per the construction agreement between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007, Cheniere will compensate SPLCC by line item M-38.

Cheniere had instructed crew to skip area where there was an environmental restriction area for the Red Headed Woodpecker from Station 1068+95 to 1083+68.

 

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22
      

Net change by previously authorized Change Orders

   $ 4,564,491.02
      

The Estimated Contract Price prior to this Change Order was

   $ 70,170,230.24
      

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 16,000.00
      

The new Estimated Contract Price including this Change Order will be

   $ 70,186,230.24
      

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31 , 2008 .

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29 , 2008 .

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31 , 2008 .

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.

     Sheehan Pipe Line Construction Company
        

Owner

     Contractor

/s/ T.R. Hutton

     /s/ Robert A. Riess, Sr.
        

Signature

     Signature

T.R. Hutton

     Robert A. Riess, Sr.
        

Name

     Name

Director - EPC

     President & COO
        

Title

     Title

11/2/07

     Nov. 26, 2007
        

Date of Signing

     Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

 

OWNER: Cheniere Creole Trail Pipeline, L.P.

 

CONTRACTOR: Sheehan Pipe Line Construction Company
(SPLCC)

 

DATE OF AGREEMENT: January 10, 2007

 

SUBJECT: Clearing Crew Stand by Charges for Friday,
Oct. 19, 2007.

  

CHANGE ORDER NUMBER: CCT 3A-014

 

DATE OF CHANGE ORDER: 10-20-07

 

 

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Article 6.2-B of the Construction Agreement for Segment 3A project between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007; a Partial Clearing Crew Standby due to various properties that had not been released for clearing. This occurred on Friday, October 19, 2007. The clearing crew is currently waiting on two tracks to be released at the north end of the project.

 

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22
      

Net change by previously authorized Change Orders

   $ 4,580,491.02
      

The Estimated Contract Price prior to this Change Order was

   $ 70,186,230.24
      

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 4,200.00
      

The new Estimated Contract Price including this Change Order will be

   $ 70,190,430.24
      

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31 , 2008 .

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29 , 2008 .

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31 , 2008 .

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.

     Sheehan Pipe Line Construction Company
        

Owner

     Contractor

/s/ T. R. Hutton

     /s/ Robert R. Riess, Sr.
        

Signature

     Signature

T. R. Hutton

     Robert R. Riess, Sr.
        

Name

     Name

Director - EPC

     President & COO
        

Title

     Title

11/2/07

     Nov. 26, 2007
        

Date of Signing

     Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

 

OWNER: Cheniere Creole Trail Pipeline, L.P.

 

CONTRACTOR: Sheehan Pipe Line Construction Company
(SPLCC)

 

DATE OF AGREEMENT: January 10, 2007

 

SUBJECT: Clearing Crew Demobilization

 

  

CHANGE ORDER NUMBER: CCT 3A-015

 

DATE OF CHANGE ORDER: 11-01-07

 

 

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Article 6.2-B of the Construction Agreement for Segment 3A project between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007; a Clearing Crew demobilization on October 19, 2007 due to various properties that had not been released for clearing.

Cheniere and Sheehan Pipe Line Company agree the Clearing Crew Demobilization is the most economical decision.

 

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22
      

Net change by previously authorized Change Orders

   $ 4,584,691.02
      

The Estimated Contract Price prior to this Change Order was

   $ 70,190,430.24
      

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 35,000.00
      

The new Estimated Contract Price including this Change Order will be

   $ 70,225,430.24
      

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31 , 2008 .

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29 , 2008 .

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31 , 2008 .

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.

     Sheehan Pipe Line Construction Company
        

Owner

     Contractor

/s/ R. Keith Teague

     /s/ Robert A. Riess, Sr.
        

Signature

     Signature

R. Keith Teague

     Robert A. Riess, Sr.
        

Name

     Name

President

     President & COO
        

Title

     Title

Nov 5/ 2007

     Nov. 26, 2007
        

Date of Signing

     Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

 

OWNER: Cheniere Creole Trail Pipeline, L.P.

 

CONTRACTOR: Sheehan Pipe Line Construction Company
(SPLCC)

 

DATE OF AGREEMENT: January 10, 2007

 

SUBJECT:  Furnish, install, and remove Isolation Fencing

                      (Orange Safety Fence, Item #M25)

  

CHANGE ORDER NUMBER: CCT 3A-016

 

DATE OF CHANGE ORDER: 11-01-07

 

 

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Article 6.1-B of the Construction Agreement for Segment 3A project between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007; Cheniere requested the installation of safety fence installed on 10/09/07 from Station #1001+50 to Station #1005+15 for a total of 365 feet installed.

Items M1 through M50 will only be considered for payment if they are over and above the Scope of Work requirements, and if specifically requested and/or authorized by Owner via Change Order. This pricing is provided in Schedule D-3 and will be subject to Change Orders.

 

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22
      

Net change by previously authorized Change Orders

   $ 4,619,691.02
      

The Estimated Contract Price prior to this Change Order was

   $ 70,225,430.24
      

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 2,555.00
      

The new Estimated Contract Price including this Change Order will be

   $ 70,227,985.24
      

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31 , 2008 .

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29 , 2008 .

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31 , 2008 .

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.

    Sheehan Pipe Line Construction Company
       

Owner

    Contractor

/s/ T. R. Hutton

    /s/ Robert A. Riess, Sr.
       

Signature

    Signature

T. R. Hutton

    Robert A. Riess, Sr.
       

Name

    Name

Director - EPC

    President & COO
       

Title

    Title

11/2/07

    Nov. 26, 2007
       

Date of Signing

    Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(for use when the Parties mutually agree upon and execute the Change Order pursuant to Section 6.1B or 6.2C)

 

PROJECT NAME: Alternate Route 42” Single Line Option

Creole Trail Pipeline - Segment 3A Project

   CHANGE ORDER NUMBER: CCT 3A-017
OWNER: Cheniere Creole Trail Pipeline, L.P.    DATE OF CHANGE ORDER: 11-20-07
CONTRACTOR: Sheehan Pipe Line Construction Company (SPLCC)   
DATE OF AGREEMENT: January 10, 2007   
SUBJECT: Clearing Crew Remobilization   

The Agreement between the Parties listed above is changed as follows: Per the terms and conditions outlined under Article 6.2-B of the Construction Agreement for Segment 3A project between Cheniere Creole Trail Pipeline, L.P. and Sheehan Pipe Line Construction Company dated January 10, 2007; a Clearing Crew remobilization on October 31, 2007 due to various properties that have been released for clearing.

Cheniere and Sheehan Pipe Line Company agreed the Clearing Crew Demobilization/Remobilization was the most economical decision.

 

Adjustment to Estimated Contract Price

  

The original Estimated Contract Price was

   $ 65,605,739.22

Net change by previously authorized Change Orders

   $ 4,622,246.02

The Estimated Contract Price prior to this Change Order was

   $ 70,227,985.24

The Estimated Contract Price will be increased by this Change Order in the amount of

   $ 35,000.00

The new Estimated Contract Price including this Change Order will be

   $ 70,262,985.24

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified) : N/A

The Guaranteed Mechanical Completion Date will be unchanged.

The Guaranteed Mechanical Completion Date as of the date of this Change Order therefore is January 31, 2008.

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is February 29, 2008.

The Guaranteed Final Completion Date will be unchanged.

The Guaranteed Final Completion Date as of the date of this Change Order therefore is March 31, 2008.

Adjustment to other Changed Criteria: N/A

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

Cheniere Creole Trail Pipeline, L.P.     Sheehan Pipe Line Construction Company
Owner     Contractor
/s/ T.R. Hutton                     /s/ R. Keith Teague     /s/ Robert A. Riess, Sr.
Signature     Signature
T.R. Hutton                               R. Keith Teague     Robert A. Riess, Sr.
Name     Name
Director-EPC                             President     President & COO
Title     Title
11/26/07                                     11-26-07     Nov. 30, 2007
Date of Signing     Date of Signing

 


SCHEDULE D-1

CHANGE ORDER FORM

(


 
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