SCHEDULE D-1 CHANGE ORDER
Exhibit
10.2
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PROJECT
NAME: Xxxxxx Xxxx LNG Receiving, Storage and
Regasification Terminal
OWNER: Sabine
Pass LNG, L.P.
CONTRACTOR: Xxxxxxx
Corporation
DATE OF AGREEMENT:
December 18, 2004
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CHANGE ORDER NUMBER:
SP/BE-062
DATE OF CHANGE ORDER:
July 27, 2009
Resolution
of Claims for Final Completion
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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.
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Adjustment
to Contract Price
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The
original Contract Price was
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$646,936,000
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Net
change by previously authorized Change Orders (#SP/BE-002 to 028, 031, 033
thru 035; 037 thru 061)
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$178,217,967
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The
Contract Price prior to this Change Order was
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$825,153,967
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The
Contract Price will be increased by this Change Order in the amount
of
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$ 727,680
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The
new Contract Price including this Change Order will be
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$825,881,647
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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
Page 1 of
3
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.
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/s/ XXXXXX
XXXXX
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/s/ XXXXX
XXXXXXX
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*Xxxxxx
Xxxxx
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Contractor
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|
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Chairman
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Xxxxx
Xxxxxxx
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| August 11, 2009 |
Name
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Date
of Signing
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Project
Manager
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Title
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August
17, 2009
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/s/ XXXXX
XXXXXX
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Date
of Signing
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*Xxxxx
Xxxxxx
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||
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Senior
Vice President
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| August 11, 2009 | ||
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Date
of Signing
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/s/ XX
XXXXXXXX
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*Xx
Xxxxxxxx
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Owner
Representative
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| August 4, 2009 | ||
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Date
of Signing
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*
Required Owner signature – Xx. Xxxxxx may sign on behalf of Xx. Xxxxx during Xx.
Xxxxx’x absence.
Change
Order #62
Page 2 of
3
Schedule
of Resolved Trends & Issues
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T-5007
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Hexavalent
Chromium
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T-7021
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Fence
changes
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T-7033A
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LNG
Tank Dike Radar Array
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T-7044
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Additional
compensation for craft labor wage increases (over and above CO SP/BE-044,
Trend T-5017) – Based on new forecast
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T-7045
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Metering
station Tie-in rework
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T-7047
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Additional
Fence Changes
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T-7050
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Light
Weight Concrete added to LNG Spill Trench
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T-7053
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Concrete
paving around LNG Tank impoundment sumps
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T-7054
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Relocate
JB 158 to PL00023 (Tug Berth Parking)
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T-7056
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Rework
Culverts at Operations Trailer Road
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T-7058
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Added
Curbs and Speed Bumps for LNG Spill Control
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T-7062
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Added
Walkways over 2R1 LNG Spill Trench
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T-7064
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Red
Concrete Placement over Area Lighting U/G Cables
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T-7065
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Wilbros
Costs (Light Pole & Roadwork)
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T-7072
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Seismic
Monitoring
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T-7075
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Provide
Site Security (4/17/08-6/30/08)
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N/A
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Credit
for converting drawings to AutoCADD
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T-7025
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Document
turnover – additional Asbuilt drawings
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T-7063
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Water
Purchase and Temporary Piping to XX Xxxx (Lack of JB
Water)
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T-7066
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Wetland
Restoration
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T-7068
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Nitrogen
Supply – True up of actual costs
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T-7061
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Start-up
Group Delay Costs
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T-7084
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Additional
Cheniere Emissions Test (Load Bank Rental for three
days)
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T-7086
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Credit
for gravel on North Dike @ 4-5 tank X-X xxxx
intersection
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T-7087
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Finish
Grade South of SE corner Tank 1 after the last PI road is
completed
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T-7089
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Valtronics
Heat Trace
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T-7033B
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LNG
Tank Dike Lighting
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T-7046
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Drill
holes in Cryo Check Valves
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T-7071
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Water
System Air Gap Skid
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T-0000
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Xxxx
Ditches / Drainage
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N/A
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Credit
for LNG Tank Gaskets
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N/A
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Wind
Damage to Light Poles
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N/A
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Vented
Gas from 1st
Cargo through 9/30/2008
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N/A
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Noise
at SIS cabinets
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N/A
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SVT
Service Rep visit during 4th
Cargo
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Change
Order #62
Page 3 of
3
