Exhibit 10.2
CHANGE ORDER
PROJECT NAME: Sabine Pass LNG Receiving, Storage and Regasification Terminal OWNER: Sabine Pass LNG, L.P. CONTRACTOR: Bechtel Corporation DATE OF AGREEMENT: December 18, 2004 | CHANGE ORDER NUMBER: SP/BE-062 DATE OF CHANGE ORDER: July 27, 2009 Resolution of Claims for Final Completion |
The Agreement between the Parties listed above is changed as follows:
Owner and Contractor agree to implement the following changes in connection with the Agreement. To the extent the changes set forth herein conflict with any of the terms and conditions set forth in the Agreement, the changes herein shall be controlling.
1. Owner and Contractor agree to increase the Contract Price in the amount of $727,680 in order to resolve the payment disputes between the Parties for the items listed in the attached “Schedule of Resolved Trends and Issues.” For purposes of clarity, the foregoing increase to the Contract Price is solely a resolution for payment disputes between the Parties with respect to the amount owed under the Agreement for the items listed in the aforementioned schedule and in no way impairs, waives or otherwise resolves any other claims or causes of actions which either Party may have now or in the future arising out of or related to the Work, including, but not limited to, any Warranty claims or any claims for indemnification pursuant to Article 17 of the Agreement.
2. Owner agrees that Target Completion was achieved by July18, 2008 and the Schedule Bonus of $12,000,000 has been earned, of which Owner has paid $9MM and shall pay Contractor the remaining amount of $3MM prior to, or concurrent with, Owner’s final payment under Article 7.3 of the Agreement. For purposes of clarity, the aforementioned Schedule Bonus of $12,000,000 is an amount that is not included within, and is a payment in addition to, the Contract Price.
| Adjustment to Contract Price | |
| The original Contract Price was | $646,936,000 |
| Net change by previously authorized Change Orders (#SP/BE-002 to 028, 031, 033 thru 035; 037 thru 061) | $178,217,967 |
| The Contract Price prior to this Change Order was | $825,153,967 |
| The Contract Price will be increased by this Change Order in the amount of | $ 727,680 |
| The new Contract Price including this Change Order will be | $825,881,647 |
Adjustment to dates in Project Schedule
The Target Bonus Date will be unchanged and is July 18, 2008.
The Guaranteed Substantial Completion Date will be unchanged and is June 13, 2009.
Adjustment to other Changed Criteria: No Change
Adjustment to Payment Schedule: No Change
Adjustment to Minimum Acceptance Criteria: No Change
Adjustment to Performance Guarantees: No Change
Adjustment to Design Basis: No Change.
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: As modified by this Change Order.
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 set forth herein.
Change Order # 62
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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/ MITCH CLAYMAN | |
| *Charif Souki | Contractor | |
| Chairman | Mitch Clayman | |
| August 11, 2009 | Name | |
| Date of Signing | Project Manager | |
| Title | ||
| August 17, 2009 | ||
| /s/ KEITH TEAGUE | Date of Signing | |
| *Keith Teague | ||
| Senior Vice President | ||
| August 11, 2009 | ||
| Date of Signing | ||
| /s/ ED LEHOTSKY | ||
| *Ed Lehotsky | ||
| Owner Representative | ||
| August 4, 2009 | ||
| Date of Signing |
* Required Owner signature – Mr. Teague may sign on behalf of Mr. Souki during Mr. Souki’s absence.
Change Order #62
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Schedule of Resolved Trends & Issues
| T-5007 | Hexavalent Chromium |
| T-7021 | Fence changes |
| T-7033A | LNG Tank Dike Radar Array |
| T-7044 | Additional compensation for craft labor wage increases (over and above CO SP/BE-044, Trend T-5017) – Based on new forecast |
| T-7045 | Metering station Tie-in rework |
| T-7047 | Additional Fence Changes |
| T-7050 | Light Weight Concrete added to LNG Spill Trench |
| T-7053 | Concrete paving around LNG Tank impoundment sumps |
| T-7054 | Relocate JB 158 to PL00023 (Tug Berth Parking) |
| T-7056 | Rework Culverts at Operations Trailer Road |
| T-7058 | Added Curbs and Speed Bumps for LNG Spill Control |
| T-7062 | Added Walkways over 2R1 LNG Spill Trench |
| T-7064 | Red Concrete Placement over Area Lighting U/G Cables |
| T-7065 | Wilbros Costs (Light Pole & Roadwork) |
| T-7072 | Seismic Monitoring |
| T-7075 | Provide Site Security (4/17/08-6/30/08) |
| N/A | Credit for converting drawings to AutoCADD |
| T-7025 | Document turnover – additional Asbuilt drawings |
| T-7063 | Water Purchase and Temporary Piping to FW Pond (Lack of JB Water) |
| T-7066 | Wetland Restoration |
| T-7068 | Nitrogen Supply – True up of actual costs |
| T-7061 | Start-up Group Delay Costs |
| T-7084 | Additional Cheniere Emissions Test (Load Bank Rental for three days) |
| T-7086 | Credit for gravel on North Dike @ 4-5 tank N-S dike intersection |
| T-7087 | Finish Grade South of SE corner Tank 1 after the last PI road is completed |
| T-7089 | Valtronics Heat Trace |
| T-7033B | LNG Tank Dike Lighting |
| T-7046 | Drill holes in Cryo Check Valves |
| T-7071 | Water System Air Gap Skid |
| T-7073 | Road Ditches / Drainage |
| N/A | Credit for LNG Tank Gaskets |
| N/A | Wind Damage to Light Poles |
| N/A | Vented Gas from 1st Cargo through 9/30/2008 |
| N/A | Noise at SIS cabinets |
| N/A | SVT Service Rep visit during 4th Cargo |
Change Order #62
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