BECHTEL CORPORATION SABINE PASS LNG PROJECT ENGINEER, PROCURE AND CONSTRUCT (EPC) SUBCONTRACTEngineering Procurement and Construction Contract |
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Table of Contents
EXHIBIT 10.34
BECHTEL CORPORATION
SABINE PASS LNG PROJECT
ENGINEER, PROCURE AND CONSTRUCT (EPC) SUBCONTRACT
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Subcontractor: |
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DIAMOND LNG LLC |
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Subcontract Number: |
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25027-HC1-MTD0-00002 |
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Address: |
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1221 McKinney One Houston Center, Suite 3330 Houston, Texas 77010 |
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Address: |
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3000 Post Oak Blvd Houston, Texas 77056 V |
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Contact: |
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Mr. Sam Saita Vice President |
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Contact: |
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Mr. Fred Sieling Subcontract Manager |
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Telephone: |
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713/652-9250 |
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Telephone: |
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713/235-3234 |
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Facsimile: |
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713/652-9346 |
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Facsimile: |
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713/235-1610 |
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G&S Code |
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MTD0 |
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and: |
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MATRIX SERVICE INC. |
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Address: |
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10701 E. Ute Street Tulsa, OK 74116-1517 |
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Contact: |
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Mr. John Newmeister Vice President |
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Telephone: |
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918/838-8822 |
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Facsimile: |
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918/838-0782 |
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This “Subcontract” is dated as of the Sixth (6th) day of May, 2005, between Bechtel Corporation, (CONTRACTOR), and Diamond LNG LLC and Matrix Service, Inc. (SUBCONTRACTOR) who hereby agree that all Work specified below, which is a portion of the goods and services to be provided by CONTRACTOR for CHENIERE (OWNER), shall be perfored by the SUBCONTRACTOR in accordance with all the provisions of this Subcontract, consisting of the following Subcontract Documents:
Subcontract Form of Agreement, 06 May 2005
Exhibit “A” General Conditions, 06 May 2005
Exhibit “B” Special Conditions, 06 May 2005
Exhibit “C” Quantities, Pricing and Data, 06 May 2005
Exhibit “D” Scope of Work, Rev. 001, 27 April 2005
Exhibit “E” Technical Specifications and Drawings, Rev. 001, 12 April 2005
Page 1 of 2
Table of Contents
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1. |
WORK TO BE PERFORMED: Except as specified elsewhere in the Subcontract, SUBCONTRACTOR shall furnish all plant; labor; materials; tools; supplies; equipment; transportation; supervision; technical, professional and other services; and shall perform all operations necessary and required to satisfactorily: |
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Engineer, Procure and Construct Three (3) LNG Tanks |
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SCHEDULE: The Work shall be performed in accordance with the dates set forth in the Exhibit “B” clause titled COMMENCEMENT, PROGRESS AND COMPLETION OF THE WORK. |
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COMPENSATION: As full consideration for the satisfactory performance by SUBCONTRACTOR of this Subcontract, CONTRACTOR shall pay to SUBCONTRACTOR compensation in accordance with the prices set forth in Exhibit “C” and the payment provisions of this Subcontract. |
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JOINT AND SEVERAL OBLIGATIONS: In signing this Subcontract Diamond LNG LLC and Matrix Service, Inc. agree that they shall be jointly and severally obligated to CONTRACTOR to fulfill all the SUBCONTRACTOR’s obligations and responsibilities set forth herein on a joint and several basis. |
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LIABILITY FOR WORK PERFORED DURING LIMITED NOTICE TO PROCEED-(LNTP) – Any part of the Work carried out by the Subcontractor (or their Affiliates) pursuant to the LNTP issued on 3 February 2005, shall with effect from the Effective Date be treated as though such part had been carried out under the Subcontract and all terms and conditions set out in the Subcontract shall apply in respect to any such part of the Works and any payments made under the LNTP shall be deemed to have been made under this Subcontract as part of the Subcontract price. |
This Subcontract embodies the entire agreement between CONTRACTOR and SUBCONTRACTOR and supersedes all other writings. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding not set forth herein.
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CONTRACTOR: |
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SUBCONTRACTOR: |
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Bechtel Corporation |
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Diamond LNG, LLC |
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Authorized Signature: |
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/s/ J. J. Sheehan |
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Authorized Signature: |
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/s/ Sam Saita |
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Print Name: |
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J. J. Sheehan |
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Print Name: |
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Sam Saita |
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Print Title: |
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Sup OG&C (Ops) |
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Print Title: |
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Vice President |
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Matrix Service Inc. |
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Authorized Signature: |
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/s/ Brad Rinehart |
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Print Name: |
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Brad Rinehart |
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Print Title: |
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VP-MWBU |
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Page 2 of 2
Table of Contents
BECHTEL CORPORATION
SABINE PASS LNG TERMINAL PROJECT
EXHIBIT “A”
ENGINEER, PROCURE AND CONSTRUCT (EPC) SUBCONTRACT
GENERAL CONDITIONS
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GC
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Title
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Page
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GC-1 |
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3 |
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GC-2 |
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3 |
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GC-3 |
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3 |
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GC-4 |
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3 |
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GC-5 |
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4 |
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GC-6 |
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4 |
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GC-7 |
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4 |
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GC-8 |
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5 |
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GC-9 |
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5 |
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GC-10 |
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5 |
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GC-11 |
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GC-12 |
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GC-13 |
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7 |
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GC-14 |
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GC-15 |
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10 |
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GC-16 |
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GC-17 |
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GC-18 |
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GC-19 |
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GC-20 |
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12 |
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GC-21 |
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12 |
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GC-22 |
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GC-23 |
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GC-24 |
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GC-25 |
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GC-26 |
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GC-27 |
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GC-28 |
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INSPECTION, QUALITY SURVEILLANCE, REJECTION OF MATERIALS AND WORKMANSHIP |
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