UNILATERAL CHANGE ORDER FORMIndependent Contractor Agreement |
|
|
|
You are currently viewing: This Independent Contractor Agreement involves
CHENIERE ENERGY INC | Sabine Pass LNG, L.P.. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
|
|
|
Search Independent Contractor Agreement by:
EXHIBIT 10.15
SCHEDULE D-2
UNILATERAL CHANGE ORDER FORM
|
|
|
|
|
PROJECT NAME: Sabine Pass LNG Receiving, |
|
CHANGE ORDER NUMBER: SP/BE-001 |
|
Storage and Regasification Terminal |
|
|
|
|
|
DATE OF CHANGE ORDER: January 18, 2005 |
|
|
|
|
|
OWNER: Sabine Pass LNG, L.P. |
|
Increase Sendout Pressure to 1440 PSIG |
|
|
|
|
|
CONTRACTOR: Bechtel Corporation |
|
|
|
|
|
|
|
DATE OF AGREEMENT: December 18, 2004 |
|
|
You are hereby directed to make the following additions or modifications to, or deductions from, the Work: (attach additional documentation if necessary)
Increase sendout pressure of the Natural Gas as measured at the back-pressure control valve located just upstream of the Master Meter from 1250 psig to 1440 psig. Piping from outlet of the high pressure sendout pumps through to and including the last flange of the LNG terminal shall be ANSI Class 900 lb. Temperature of sendout gas and all other requirements of the Minimum Acceptance Criteria and the Performance Guarantees as specified in Attachment S and Attachment T of the Agreement shall be remain the same.
Contractor shall proceed with design solely on the basis of a 1440 psig sendout pressure and prepare the required documentation, including a completed Schedule D-3 in accordance with Article 6.1A of the Agreement.
Compensation for the changes specified in this Change Order is on a time and materials basis as provided in Section 6.1C and 6.2D of the Agreement.
Contractor shall commence with the performance of the change(s) described above on January 18, 2005.
This Change Order is signed by Owner’s duly authorized representative.
|
|
|
|
|
/s/ Ed Lehotsky |
|
Owner Representative Ed Lehotsky |
|
|
|
|
|
January18, 2005 |
|
Date of signing |
SCHEDULE D-1
CHANGE ORDER FORM
|
|
|
|
|
PROJECT NAME: Sabine Pass LNG Receiving, |
|
CHANGE ORDER NUMBER: SP/BE-002 |
|
Storage and Regasification Terminal |
|
|
|
|
|
DATE OF CHANGE ORDER: February 7, 2005 |
|
|
|
|
|
OWNER: Sabine Pass LNG, L.P. |
|
|
|
|
|
|
|
CONTRACTOR: Bechtel Corporation |
|
|
|
|
|
|
|
DATE OF AGREEMENT: December 18, 2004 |
|
|
The Agreement between the Parties listed above is changed as follows:
Adjustment to Contract Price
|
|
|
|
|
|
The original Contract Price was |
|
$ |
646,936,000 |
|
Net change by previously authorized Change Orders (# ) |
|
$ |
0 |
|
The Contract Price prior to this Change Order was |
|
$ |
646,936,000 |
|
The Contract Price will be increased by this Change Order in the amount of |
|
$ |
1,500,000 |
|
The new Contract Price including this Change Order will be |
|
$ |
648,436,000 |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified):
The Target Bonus Date will be unchanged.
The Target Bonus Date as of the date of this Change Order therefore is 1,095 Days following NTP
The Guaranteed Substantial Completion Date will be unchanged.
The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is 1,247 Days following NTP
Adjustment to other Changed Criteria: The Tank Subcontract will be awarded to MHI/MSI
Adjustment to Milestone Payment Schedule, Schedule C-1:
|
|
• |
|
Milestone Number 2.02, LNG Tank Subcontract Awarded, will be increased by $1,500,000 from $3,234,680 to $4,734,680. The entire $1,500,000 increase will be provided as an increased payment to the LNG Tank Subcontractor MHI/MSI |
|
|
• |
|
Milestone Number 4.03, “LNG Tank test piling started,” will be decreased by $350,000 from $3,234,680 to $2,784,680 to offset the payment to MHI/MSI for LNTP, as described in the Adjustment to Payment Schedule, Schedule C-2 below |
Adjustment to Monthly Payment Schedule, Schedule C-2:
|
|
• |
|
Payment for Month #2, Feb-05, will be increased by $350,000 from $2,005,502 to $2,355,502. The entire $350,000 increase will be provided as a payment for Limited Notice to Proceed to the LNG Tank Subcontractor MHI/MSI |
Adjustment to Minimum Acceptance Criteria: None
Adjustment to Design Basis: None
Other adjustments to liability or obligation of Contractor or Owner under the Agreement:
MHI/MSI shall be awarded the Tank Subcontract
This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change as described in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change.
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.
|
|
|
|
|
|
|
|
|
|
||
|
/s/ Charif Souki |
|
|
|
/s/ C. Asok Kumar |
|
* Charif Souki Chairman |
|
|
|
Contractor |
|
|
|
|
|
C. Asok Kumar |
|
|
|
|
|
Name |
|
|
|
|
||
|
|
|
|
|
Project Director |
|
|
|
|
|
Title |
|
|
|
|
||
|
|
|
|
|
February 7, 2005 |
|
Date of Signing |
|
|
|
Date of Signing |
|
|
|
|
||
|
/s/ Keith Meyer |
|
|
|
|
|
* Keith Meyer President |
|
|
|
|
|
|
|
|
||
|
February 7, 2005 |
|
|
|
|
|
Date of Signing |
|
|
|
|
|
|
|
|
||
|
/s/ Ed Lehotsky |
|
|
|
|
|
* Ed Lehotsky Owner Representative |
|
|
|
|
|
|
|
|
||
|
February 7, 2005 |
|
|
|
|
|
Date of Signing |
|
|
|
|
|
* |
Required Owner signature |
SCHEDULE D-2
UNILATERAL CHANGE ORDER FORM
|
|
|
|
|
PROJECT NAME: Sabine Pass LNG Receiving, |
|
CHANGE ORDER NUMBER: SP/BE-003 |
|
Storage and Regasification Terminal |
|
|
|
|
|
DATE OF CHANGE ORDER: January 25, 2005 |
|
|
|
|
|
OWNER: Sabine Pass LNG, L.P. |
|
|
|
|
|
|
|
CONTRACTOR: Bechtel Corporation |
|
|
|
|
|
|
|
DATE OF AGREEMENT: December 18, 2004 |
|
|
You are hereby directed to make the following additions or modifications to, or deductions from, the Work
Contractor shall delete the High Pressure Compressor from its scope (included in the reimbursable scope) and instead install only the tie-ins and space necessary for a “Future” diesel driven compressor. All other requirements of the Agreement shall remain the same.
Discussions with FERC indicate that they feel a High Pressure Sendout Compressor is required in case the LNG Tanks are de-inventoried in order to “mothball” the LNG Terminal. Since this is a very remote possibility, and since venting of this gas is neither a safety nor environmental concern, Owner will present formal arguments to FERC to delete this requirement. Failing this, Owner will propose to FERC that only connections and space are provided for this compressor. If the Terminal is mothballed, Owner will purchase or rent a portable compressor(s), heater, and other equipment, install it, and accomplish the required transfer to the pipeline.
Contractor shall proceed with design as described above and prepare the required documentation, including a completed Schedule D-3 in accordance with Article 6.1A of the Agreement.
Contractor shall commence with the performance of the change(s) described above on January 25, 2005.
This Change Order is signed by Owner’s duly authorized representatives.
|
|
|
|
|
|
|
|
|
|
||
|
/s/ Charif Souki |
|
|
|
/s/ Keith Meyer |
|
* Charif Souki Chairman |
|
|
|
* Keith Meyer President |
|
|
|
|
||
|
|
|
|
|
|
|
February 11, 2005 |
|
|
|
February 9, 2005 |
|
Date of Signing |
|
|
|
Date of Signing |
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
||
|
/s/ Ed Lehotsky |
|
|
|
|
|
* Ed Lehotsky Owner Representative |
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
January 25, 2005 |
|
|
|
|
|
Date of Signing |
|
|
|
|
|
* |
Required Owner signature |
SCHEDULE E-1
CHANGE ORDER FORM
|
|
|
|
|
PROJECT NAME: Sabine Pass LNG Receiving, |
|
CHANGE ORDER NUMBER: SP/BE-004 |
|
Storage and Regasification Termina100l |
|
|
|
|
|
DATE OF CHANGE ORDER: 03/22/2005 |
|
|
|
|
|
OWNER: Sabine Pass LNG, L.P. |
|
|
|
|
|
|
|
CONTRACTOR: Bechtel Corporation |
|
|
|
|
|
|
|
DATE OF AGREEMENT: December 18, 2004 |
|
|
The Agreement between the Parties listed above is changed as follows: Approval of Change Orders via Schedule D-1 and D-2 (Rev. 1) of the EPC Agreement will require the signatures of both Messrs. Charif Souki and Keith Meyer, in addition to the designated Owner Representative, Ed Lehotsky. This requirement will not apply to any other correspondence under the EPC Agreement.
A revised copy of Schedules D-1 and D-2 is attached reflecting the above change.
Adjustment to Contract Price
|
|
|
|
|
|
The original Contract Price was |
|
$ |
646,936,000 |
|
Net change by previously authorized Change Orders (#SP/BE-002) |
|
$ |
1,500,000 |
|
The Contract Price prior to this Change Order was |
|
$ |
648,436,000 |
|
The Contract Price will be unchanged by this Change Order in the amount of |
|
$ |
0 |
|
The new Contract Price including this Change Order will be |
|
$ |
648,436,000 |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified):
The Target Bonus Date will be unchanged.
The Target Bonus Date as of the date of this Change Order therefore is 1,095 Days following NTP.
The Guaranteed Substantial Completion Date will be unchanged.
The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is 1,247 Days following NTP.
Adjustment to other Changed Criteria: None
Adjustment to Payment Schedule: None
Adjustment to Minimum Acceptance Criteria: None
Adjustment to Performance Guarantees: None
Adjustment to Design Basis: None
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
1
This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change as described in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change.
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.
|
|
|
|
|
|
|
|
|
|
||
|
/s/ Charif Souki |
|
|
|
/s/ C. Asok Kumar |
|
* Charif Souki Chairman |
|
|
|
Contractor |
|
|
|
|
|
C. Asok Kumar |
|
|
|
|
|
Name |
|
|
|
|
||
|
|
|
|
|
Project Director |
|
|
|
|
|
Title |
|
|
|
|
||
|
|
|
|
|
March 31, 2005 |
|
Date of Signing |
|
|
|
Date of Signing |
|
|
|
|
||
|
/s/ Keith Meyer |
|
|
|
|
|
* Keith Meyer President |
|
|
|
|
|
|
|
|
||
|
March 29, 2005 |
|
|
|
|
|
Date of Signing |
|
|
|
|
|
|
|
|
||
|
/s/ Ed Lehotsky |
|
|
|
|
|
* Ed Lehotsky Owner Representative |
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
Date of Signing |
|
|
|
|
|
* |
Required Owner signature |
2
SCHEDULE D-1
CHANGE ORDER FORM
|
|
|
|
|
PROJECT NAME: Sabine Pass LNG Receiving, |
|
CHANGE ORDER NUMBER: SP/BE-005 |
|
Storage and Regasification Terminal |
|
|
|
|
|
DATE OF CHANGE ORDER: 3/23/2005 |
|
|
|
|
|
OWNER: Sabine Pass LNG, L.P. |
|
|






