Change order to the Lump Sum Turnkey Agreement for the Engineering, Procurement and Construction of the Sabine Pass LNG Liquefaction Facility, dated as of November 11, 2011, between Sabine Pass Liquefaction, LLC and Bechtel Oil, Gas and Chemicals, Inc.: the Change Order CO-00059 Insurance Provisional Sum Closeout, dated May 18, 2017
EX-10.1 2 exhibit101spl2017form10q3r.htm EXHIBIT 10.1 Exhibit
Exhibit 10.1
CHANGE ORDER FORM
Insurance Provisional Sum Closeout
PROJECT NAME: Sabine Pass LNG Liquefaction Facility OWNER: Sabine Pass Liquefaction, LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: November 11, 2011 | CHANGE ORDER NUMBER: CO-00059 DATE OF CHANGE ORDER: May 18, 2017 |
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
1. | The previous value of the Insurance Provisional Sum incorporated into the Agreement in Change Order C0-00021, dated April 17, 2013, was U.S. $107,733,368. Parties now agree to close this Provisional Sum. Actual Cost for Stage 1 Insurance was $115,171,041. The contract price will be increased by $7,437,673 which reflects the closure of the provisional sum. |
2. | The Provisional Sum breakdown is described as follows: |
a. | The previous Insurance Provisional Sum in Article 1.3 of Attachment EE, Schedule EE-1, of the Agreement was One Hundred Seven Million, Seven Hundred Thirty-Three Thousand, Three Hundred Sixty-Eight U.S. Dollars (U.S. $107,733,368). This Change Order will reduce of the Insurance Provisional Sum by (U.S. $107,733,368) and the value will be $0. |
b. | The Parties agree to adjust the Aggregate Provisional Sum specified in Article 7.1A of the Agreement which prior to this Change Order was One Hundred Seven Million, Seven Hundred Thirty-Three Thousand, Three Hundred Sixty-Eight U.S. Dollars (U.S.$107,733,368). This Change Order will decrease the Aggregate Provisional Sum amount by One Hundred Seven Million, Seven Hundred Thirty-Three Thousand, Three Hundred Sixty-Eight U.S. Dollars (U.S. $107,733,368) and the new Aggregate Provisional Sum value shall be Zero U.S. Dollars (U.S. $0). |
3. | Schedule C-1 (Milestone Payment Schedule) of Attachment C of the Agreement will be amended by including the milestone(s) listed in Exhibit A of this Change Order. |
Adjustment to Contract Price
The original Contract Price was | $ | 3,900,000,000 | |
Net change by previously authorized Change Orders (#0001-00058) | $ | 208,972,549 | |
The Contract Price prior to this Change Order was | $ | 4,108,972,549 | |
The Contract Price will be increased by this Change Order in the amount of | $ | 7,437,673 | |
The new Contract Price including this Change Order will be | $ | 4,116,410,222 | |
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 A 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/ 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/ Bhupesh Thakkar | |
Owner | Contractor | |
Ed Lehotsky | Bhupesh Thakkar | |
Name | Name | |
SVP LNG E&C | Senior Project Manager | |
Title | Title | |
August 9, 2017 | May 18, 2017 | |
Date of Signing | Date of Signing | |
