Change orders to the Fixed Price Separated Turnkey Agreement for the Engineering, Procurement and Construction of the Corpus Christi Stage 1 Liquefaction Facility, dated as of December 6, 2013, between CCL and Bechtel Oil, Gas and Chemicals, Inc.: the Change Order CO-00053 Train 2 Nitrogen Supply for Commissioning Units 16, 17 and Feed Gas, dated June 26, 2019 (Portions of this exhibit have been omitted.)
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EX-10.4 5 exhibit104cch2019form1.htm EXHIBIT 10.4 Exhibit
Exhibit 10.4
[***] 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
Train 2 Nitrogen Supply for Commissioning Units 16, 17 and Feed Gas
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-00053 DATE OF CHANGE ORDER: June 26, 2019 |
The Agreement between the Parties listed above is changed as follows:
1) | Pursuant to Article 6 of the Agreement, Parties agree this Change Order includes Contractor’s use of nitrogen for Subproject 2 (Train 2) Commissioning activities (dryout and defrosting of Units 16, 17 and Feed Gas) in lieu of Feed Gas as requested by Owner. |
i. | This Change Order is in accordance with the approved Trend No. S1-3017. |
2) | The summary cost breakdown for the scope of this Change Order is detailed in Exhibit 1 of this Change Order. |
3) | The detailed cost breakdown for the scope of this Change Order is detailed in Exhibit 3 (Trend No. S1-3017) and Exhibit 4 (Supplier Invoice). |
4) | Schedule C-1 (Milestone Payment Schedule) of Attachment C of the Agreement will be amended by including the Milestone(s) listed in Exhibit 2 of this Change Order. |
Adjustment to Contract Price
The original Contract Price was......................................................................................................................... | $ | 7,080,830,000 | |
Net change by previously authorized Change Orders (0001-00052)................................................................. | $ | 706,243,783 | |
The Contract Price prior to this Change Order was........................................................................................... | $ | 7,787,073,783 | |
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........................................................................... | $ | 7,789,250,599 | |
Adjustment to Aggregate Equipment Price
The original Aggregate Equipment Price was................................................................................................... | $ | [***] |
Net change by previously authorized Change Orders (0001-00052)................................................................. | $ | [***] |
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 (0001-00052)................................................................. | $ | [***] |
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 (0001-00052)................................................................. | $ | (812,283,979 | ) |
The Aggregate Provisional Sum prior to this Change Order was...................................................................... | $ | 138,277,372 | |
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...................................................... | $ | 138,277,372 | |
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 | |
For Owner | For Contractor | |
David Craft | Bhupesh Thakkar | |
Name | Name | |
SVP, Engineering & Construction | SVP, Cheniere Program | |
Title | Title | |
July 15, 2019 | June 27, 2019 | |
Date of Signing | Date of Signing | |
