Change orders to the Amended and Restated Fixed Price Separated Turnkey Agreement for the Engineering, Procurement and Construction of the Corpus Christi Stage 2 Liquefaction Facility, dated as of December 12, 2017, between CCL and Bechtel Oil, Gas and Chemicals, Inc.: (i) the Change Order CO-00024 East Jetty Cooldown Line & Simultaneous Ship Loading, dated January 6, 2020, (ii) the Change Order CO-00025 East Jetty Manual Gas Sampler, dated January 7, 2020, (iii) the Change Order CO-00026 Study for Adding Valve Actuator for E-W Jetty Flow Segregation, dated January 8, 2020, (iv) the Change Order CO-00027 Tank B Isolation of Proposed Fourth In-Tank LNG Pump - Long Lead Items, dated January 8, 2020, (v) the Change Order CO-00028 Tank B Rundown Line (Part I), dated January 31, 2020, (vi) the Change Order CO-00029 9% Nickel and Cryogenic Rebar Provisional Sum Closeout, dated February 18, 2020 and (vii) the Change Order CO-00030 Additional Valve for Isolation in CCL Stage 2 to CCL Stage 3 from Tank B, dated February 18, 2020 (Portions of this exhibit have been omitted)
Contract Categories:
Business Finance
- Facility Agreements
EX-10.1 2 exhibit101cch2020form1.htm EXHIBIT 10.1 Exhibit
Exhibit 10.1
[***] indicates certain identified information has been excluded because it is both (a) not material and (b) would be competitively harmful if publicly disclosed.
CHANGE ORDER
East Jetty Cooldown Line & Simultaneous Ship Loading
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00024 DATE OF CHANGE ORDER: January 6, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes the East Jetty Cooldown Line & Simultaneous Ship Loading Modifications requested by Owner to include in Contractor’s Scope of Work as detailed in Exhibit 4 of this Change Order. |
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00023)............................................................... | $ | 35,690,192 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,395,690,192 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,395,820,919 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00023)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00023)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00023)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 277,277,149 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: Yes. See Exhibit 4 of this Change Order for revised Scope of Work.
Other adjustments to liability or obligation of Contractor or Owner under the Agreement:
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, E&C | Senior Project Manager | |
Title | Title | |
January 7, 2020 | January 6, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
East Jetty Manual Gas Sampler
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00025 DATE OF CHANGE ORDER: January 7, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes the revised scope of work associated with the East Jetty Manual Gas Sampler System, which is further detailed in Exhibit 4 of this Change Order. |
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00024)............................................................... | $ | 35,820,919 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,395,820,919 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,396,661,231 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00024)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00024)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00024)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 277,277,149 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: Yes. See Exhibit 4 of this Change Order for revised Scope of Work.
Other adjustments to liability or obligation of Contractor or Owner under the Agreement:
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering and Construction | Cheniere Program Manager | |
Title | Title | |
January 16, 2020 | January 8, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
Study for Adding Valve Actuator for E-W Jetty Flow Segregation
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00026 DATE OF CHANGE ORDER: January 8, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes Contractor’s costs to perform a study to analyze the effects of adding valve actuators to support East-West Jetty flow segregation. |
This Change Order is limited to the study, which includes: (i) Model review and Conference Notes, and (ii) Contractor’s engineering assessment report with summarized results / findings and recommendations to Owner.
Any costs associated with detailed engineering, procurement and construction are excluded from this Change Order and will be captured via a separate Change Order based on the recommendations of the study and final decision by Owner.
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00025)............................................................... | $ | 36,661,231 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,396,661,231 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,396,791,325 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00025)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00025)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00025)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 277,277,149 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: No. Study Only
Other adjustments to liability or obligation of Contractor or Owner under the Agreement:
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering & Construction | Cheniere Program Manager | |
Title | Title | |
January 16, 2020 | January 8, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
Tank B Isolation of Proposed Fourth In-Tank LNG Pump - Long Lead Items
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00027 DATE OF CHANGE ORDER: January 8, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes Contractor’s costs to engineer and procure long lead items to facilitate Tank B isolation and future installation of a proposed fourth in-tank LNG pump (2,000 m3/hr) by Owner (post Transfer, Care, Custody and Control (“TCCC”) of Tank B to Owner). |
This Change Order is limited to the engineering and procurement only. Once the long lead items arrive to the Jobsite, Owner shall be responsible for preservation and future installation post TCCC.
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00026)............................................................... | $ | 36,791,325 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,396,791,325 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,396,969,559 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00026)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00026)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00026)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 277,277,149 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: N/A
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering & Construction | Cheniere Program Manager | |
Title | Title | |
January 28, 2020 | January 13, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
Tank B Rundown Line (Part 1)
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00028 DATE OF CHANGE ORDER: January 31, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes Contractor’s costs to engineer, procure and construct a new Tank B Rundown Line (Part 1) as further described in the Scope of Work in Exhibit 4 of this Change Order. |
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00027)............................................................... | $ | 36,969,559 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,396,969,559 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,402,455,474 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00027)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00027)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00027)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 277,277,149 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: Yes. See Exhibit 4 of this Change Order.
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering & Construction | Cheniere Program Manager | |
Title | Title | |
February 14, 2020 | February 4, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
9% Nickel and Cryogenic Rebar Provisional Sum Closeout
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00029 DATE OF CHANGE ORDER: February 18, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to the instructions in Section 2.1 of Attachment EE, Schedule EE-2 of the Agreement, the Parties agree this Change Order amends the 9% Nickel and Cryogenic-Rebar Provisional Sum amount to the actual cost incurred by Contractor. |
2. | The original value of the 9% Nickel and Cryogenic-Rebar Provisional Sum in Section 2.1 of Attachment EE, Schedule EE-2 of the Agreement was [***]. The conversion of the Currency Provisional Sum via Change Order No. CO-00004, dated May 29, 2018 increased the 9% Nickel and Cryogenic-Rebar Provisional Sum by [***] to the value of [***]. |
3. | The 9% Nickel and Cryogenic-Rebar Provisional Sum is hereby increased by [***] and the new value as amended by this Change Order shall be [***]. |
4. | Pursuant to instructions in Section 2.1 of Attachment EE, Schedule EE-1 of the Agreement, Exhibit 3 to this Change Order demonstrates the calculation of the actual 9% Nickel and Cryogenic-Rebar costs in the Agreement. The cost summary for this Change Order is provided in Exhibit 1 of this Change Order. |
5. | Schedule C-3 (Aggregate Equipment Price Milestone Payment Schedule) of Attachment C of the Agreement will be amended by including the Milestone listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00028)............................................................... | $ | 42,455,474 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,402,455,474 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,405,026,925 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00028)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00028)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00028)............................................................... | $ | (18,272,757 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 277,277,149 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | 2,571,451 | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 279,848,600 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: N/A
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering & Construction | Cheniere Program Manager | |
Title | Title | |
February 24, 2020 | February 18, 2020 | |
Date of Signing | Date of Signing | |
CHANGE ORDER
Additional Valve for Isolation in CCL Stage 2 to CCL Stage 3 from Tank B
PROJECT NAME: Corpus Christi Stage 2 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 12, 2017 | CHANGE ORDER NUMBER: 00030 DATE OF CHANGE ORDER: February 18, 2020 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Pursuant to Article 6.1 of the Agreement (Change Orders Requested by Owner), Parties agree this Change Order includes Contractor’s costs to engineer and procure an additional 3-inch globe valve (Part No. PVVLT93FPC06) for isolating CCL Stage 2 to facilitate cooldown to CCL Stage 3 from LNG Tank B as reflected in Design Change Notice (DECN) No. 25959-100-M6N-DK-00066, Rev. 002 for this Change Order, dated 5 December 2019. |
2. | The summary cost breakdown for the total Scope of Work of this Change Order is detailed in Exhibit 1 of this Change Order. |
3. | The detailed cost breakdown for the Scope of Work of this Change Order is provided in Exhibit 3 of this Change Order. |
4. | Schedules C-1 and C-3 (Milestone Payment Schedules) of Attachment C of the Agreement will be amended by including the Milestones listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 2,360,000,000 | |
Net change by previously authorized Change Orders (00001-00029)............................................................... | $ | 45,026,925 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 2,405,026,925 | |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] | |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] | |
The new Contract Price including this Change Order will be........................................................................... | $ | 2,405,037,263 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00029)............................................................... | $ | [***] |
The Aggregate Equipment Price prior to this Change Order was...................................................................... | $ | [***] |
The Aggregate Equipment Price will be changed by this Change Order in the amount of............................... | $ | [***] |
The new Aggregate Equipment Price including this Change Order will be ..................................................... | $ | [***] |
Adjustment to Aggregate Labor and Skills Price
The original Aggregate Labor and Skills Price was.......................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (00001-00029)............................................................... | $ | [***] |
The Aggregate Labor and Skills Price prior to this Change Order was............................................................. | $ | [***] |
The Aggregate Labor and Skills Price will be changed by this Change Order in the amount of...................... | $ | [***] |
The new Aggregate Labor and Skills Price including this Change Order will be............................................. | $ | [***] |
Adjustment to Aggregate Provisional Sum
The original Aggregate Provisional Sum was.................................................................................................... | $ | 295,549,906 | |
Net change by previously authorized Change Orders (00001-00029)............................................................... | $ | (15,701,306 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 279,848,600 | |
The Aggregate Provisional Sum will be changed by this Change Order in the amount of............................... | $ | — | |
The new Aggregate Provisional Sum including this Change Order will be...................................................... | $ | 279,848,600 | |
Adjustment to dates in Project Schedule
The following dates are modified (list all dates modified; insert N/A if no dates modified): N/A
Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary): N/A
Adjustment to Payment Schedule: Yes. See Exhibit 2 of this Change Order.
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: Yes. See DECN No. No. 25959-100-M6N-DK-00066, Rev. 002
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials:
/s/ BT Contractor /s/ DC Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
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/ David Craft | /s/ Bhupesh Thakkar | |
Owner | Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, E&C | Cheniere Program Manager | |
Title | Title | |
February 21, 2020 | February 18, 2020 | |
Date of Signing | Date of Signing | |
