CHANGE ORDER FORM Condensate Tie-In, Utility Water Tie-In, and Feed Gas Tie-In Relocation
EX-10.1 2 exhibit101cch2017form10q2n.htm EXHIBIT 10.1 Exhibit
Exhibit 10.1
*** indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
CHANGE ORDER FORM
Condensate Tie-In, Utility Water Tie-In, and Feed Gas Tie-In Relocation
PROJECT NAME: Corpus Christi Stage 1 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 6, 2013 | CHANGE ORDER NUMBER: CO-00034 DATE OF CHANGE ORDER: April 18, 2017 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Per Article 6.1.B of the Agreement, Parties agree to implement changes to the Condensate Tie-In, Utility Water Tie-In, and due to the Feed Gas Tie-In Relocation. |
2. | The scope of this Change Order is as detailed in Exhibit A. |
3. | The cost breakdowns for the scopes of work noted above in this Change Order are detailed in Exhibit B. These costs are as detailed on Trend no.’s: S1-1228 (dated 06 Mar. 2017), S1-2003 (dated 06 Mar. 2017) and S1-2004 (dated 27 Mar. 2017) |
4. | Schedule C-1 (Milestone Payment Schedule) of Attachment C of the Agreement will be amended by including the Milestone(s) listed in Exhibit C of this Change Order. |
Exhibits B and C of this Change Order were revised to include a credit of $102,728 due to CCL from Change Order 21 (Secondary Access Road, DMPA-1 Scope and Use, Credit for Material Disposal, Power Pole Relocation). There is no separate trend for this credit, the credit amount has been included in the total amount of shown on Exhibits B and C.
Adjustment to Contract Price
$ | 7,080,830,000 | ||
Net change by previously authorized Change Orders (0001-00033) | $ | 705,808,621 | |
The Contract Price prior to this Change Order was | $ | 7,786,638,621 | |
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 | $ | 7,791,063,472 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was | $ | *** |
Net change by previously authorized Change Orders (0001-00033) | $ | *** |
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 (0001-00033) | $ | *** |
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 | $ | 950,561,351 | |
Net change by previously authorized Change Orders (0001-00033) | $ | (745,966,926 | ) |
The Aggregate Provisional Sum prior to this Change Order was | $ | 204,594,425 | |
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 | $ | 204,594,425 | |
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 C 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/ SB Contractor /s/ EL 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/ Ed Lehotsky | /s/ Sergio Buoncristiano | |
Owner | Contractor | |
Ed Lehotsky | Sergio Buoncristiano | |
Name | Name | |
Sr. VP LNG E&C | SVP | |
Title | Title | |
April 25, 2017 | April 19, 2017 | |
Date of Signing | Date of Signing | |
*** indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
CHANGE ORDER FORM
Nitrogen Tie-In Relocation
PROJECT NAME: Corpus Christi Stage 1 Liquefaction Facility OWNER: Corpus Christi Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: December 6, 2013 | CHANGE ORDER NUMBER: CO-00035 DATE OF CHANGE ORDER: April 21, 2017 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | Per Article 6.1.B of the Agreement, Parties agree to implement changes due to the Nitrogen Tie-In Relocation. |
2. | The scope of this Change Order is as detailed in Exhibit A. |
3. | The cost breakdowns for the scopes of work noted above in this Change Order are detailed in Exhibit B. These costs are as detailed on Trend no: S1-2009 (dated 13 Apr. 2017). |
4. | Schedule C-1 (Milestone Payment Schedule) of Attachment C of the Agreement will be amended by including the Milestone(s) listed in Exhibit C of this Change Order. |
Adjustment to Contract Price
$ | 7,080,830,000 | ||
Net change by previously authorized Change Orders (0001-00034) | $ | 710,233,472 | |
The Contract Price prior to this Change Order was | $ | 7,791,063,472 | |
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 | $ | 7,793,096,937 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was | $ | *** |
Net change by previously authorized Change Orders (0001-00034) | $ | *** |
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 (0001-00034) | $ | *** |
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 | $ | 950,561,351 | |
Net change by previously authorized Change Orders (0001-00034) | $ | (745,966,926 | ) |
The Aggregate Provisional Sum prior to this Change Order was | $ | 204,594,425 | |
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 | $ | 204,594,425 | |
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 C 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/ SB Contractor /s/ EL 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/ Ed Lehotsky | /s/ Sergio Buoncristiano | |
Owner | Contractor | |
Ed Lehotsky | Sergio Buoncristiano | |
Name | Name | |
Sr. VP LNG E&C | SVP | |
Title | Title | |
April 25, 2017 | April 25, 2017 | |
Date of Signing | Date of Signing | |
