Construction Agreement (Sunland)


 Exhibit 10.1 
 EXECUTION COPY 
 CONSTRUCTION AGREEMENT 
 for the 
 CREOLE TRAIL PIPELINE -
SEGMENT 2 PROJECT 
 ALTERNATE ROUTE SINGLE LINE OPTION 
 by and between 
 CHENIERE CREOLE TRAIL PIPELINE, L.P. 
 as Owner 
 and 
 SUNLAND CONSTRUCTION, INC. 
 as
Contractor 
 Dated as of the 5th Day of January, 2007 






 TABLE OF CONTENTS 
  

					
	 ARTICLE 1
	  	DEFINITIONS	  	1
			
	 ARTICLE 2
	  	RELATIONSHIP OF OWNER, CONTRACTOR AND SUBCONTRACTORS	  	7
	 2.1
	  	Status of Contractor	  	7
	 2.2
	  	Key Personnel	  	7
	 2.3
	  	Subcontractors and Sub-subcontractors	  	7
	 2.4
	  	Subcontracts and Sub-subcontracts	  	7
	 2.5
	  	Contractor Investigations of the Site and Differing Site Conditions	  	7
			
	 ARTICLE 3
	  	CONTRACTOR’S RESPONSIBILITIES	  	8
	 3.1
	  	Scope of Work	  	8
	 3.2
	  	Specific Obligations	  	8
	 3.3
	  	Contractor’s Tools and Construction Equipment	  	8
	 3.4
	  	Employment of Personnel	  	9
	 3.5
	  	Clean-up	  	9
	 3.6
	  	Safety and Security	  	9
	 3.7
	  	Emergencies	  	9
	 3.8
	  	Books, Records and Audits.	  	9
	 3.9
	  	Temporary Utilities, Roads, Facilities and Storage	  	10
	 3.10
	  	Hazardous Materials	  	10
	 3.11
	  	Reports and Meetings	  	10
	 3.12
	  	Title to Materials Found	  	10
	 3.13
	  	Cooperation with Others	  	11
	 3.14
	  	Responsibility for Property	  	11
	 3.15
	  	Used or Salvaged Materials	  	11
	 3.16
	  	Compliance with Real Property Interests	  	11
	 3.17
	  	Review of Shop Drawings	  	11
	 3.18
	  	Layout	  	11
	 3.19
	  	Substitutions	  	12
			
	 ARTICLE 4
	  	OWNER’S RESPONSIBILITIES	  	12
	 4.1
	  	Payment	  	12
	 4.2
	  	Access to the Site	  	12
	 4.3
	  	Owner-Provided Equipment	  	12
	 4.4
	  	Engineering	  	12
	 4.5
	  	Permits	  	12
			
	 ARTICLE 5
	  	COMMENCEMENT OF WORK, PROJECT SCHEDULE, AND SCHEDULING OBLIGATIONS	  	12
	 5.1
	  	Commencement of Work at the Site	  	12
	 5.2
	  	Project Schedule	  	12
	 5.3
	  	CPM Schedule	  	13
	 5.4
	  	Recovery and Recovery Schedule	  	13
	 5.5
	  	Acceleration and Acceleration Schedule	  	14
			
	 ARTICLE 6
	  	CHANGES; FORCE MAJEURE; AND OWNER-CAUSED DELAY	  	14
	 6.1
	  	Change Orders Requested by Owner	  	14
	 6.2
	  	Change Orders Requested by Contractor	  	15
	 6.3
	  	Estimated Contract Price Adjustment; Contractor Documentation	  	16
	 6.4
	  	Change Orders Act as Accord and Satisfaction	  	16
	 6.5
	  	Timing Requirements for Notifications and Change Order Requests by Contractor	  	16
	 6.6
	  	Adjustment Only Through Change Order	  	17
	 6.7
	  	Force Majeure	  	17
	 6.8
	  	Delay Caused by Owner or Delay Caused by Changes in the Work	  	18
	 6.9
	  	Delay	  	18

  

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	 6.10
	  	Contractor Obligation to Mitigate Delay	  	18
			
	 ARTICLE 7
	  	CONTRACT PRICE AND PAYMENTS TO CONTRACTOR	  	18
	 7.1
	  	Contract Price and Estimated Contract Price	  	18
	 7.2
	  	Interim Payments	  	18
	 7.3
	  	Final Completion and Final Payment	  	19
	 7.4
	  	Payments Not Acceptance of Work	  	19
	 7.5
	  	Payments Withheld	  	19
	 7.6
	  	Release of Retainage	  	19
			
	 ARTICLE 8
	  	TITLE AND RISK OF LOSS	  	20
	 8.1
	  	Title	  	20
	 8.2
	  	Risk of Loss	  	20
			
	 ARTICLE 9
	  	INSURANCE AND PAYMENT AND PERFORMANCE BONDS	  	20
	 9.1
	  	Insurance	  	20
	 9.2
	  	Payment and Performance Bonds	  	20
			
	 ARTICLE 10
	  	DOCUMENTATION	  	20
	 10.1
	  	Patents and Royalties	  	20
	 10.2
	  	Owner Provided Documents	  	20
			
	 ARTICLE 11
	  	MECHANICAL COMPLETION, SUBSTANTIAL COMPLETION, AND FINAL COMPLETION	  	21
	 11.1
	  	Notice and Requirements for Mechanical Completion	  	21
	 11.2
	  	Notice and Requirements for Substantial Completion	  	21
	 11.3
	  	Punchlist	  	21
	 11.4
	  	Notice and Requirements for Final Completion	  	22
	 11.5
	  	Partial Occupancy and Use	  	22
	 11.6
	  	Long-Term Obligations	  	22
			
	 ARTICLE 12
	  	WARRANTY AND CORRECTION OF WORK	  	22
	 12.1
	  	Warranty	  	22
	 12.2
	  	Correction of Work Prior to Substantial Completion	  	23
	 12.3
	  	Correction of Work After Substantial Completion	  	23
	 12.4
	  	Assignability of Warranties	  	24
			
	 ARTICLE 13
	  	TIMELY COMPLETION	  	24
	 13.1
	  	Timely Completion	  	24
			
	 ARTICLE 14
	  	CONTRACTOR REPRESENTATIONS	  	24
	 14.1
	  	Corporate Standing	  	24
	 14.2
	  	No Violation of Law	  	24
	 14.3
	  	Licenses	  	24
	 14.4
	  	No Breach	  	24
	 14.5
	  	Financial Solvency	  	24
	 14.6
	  	No Conflicts of Interest	  	24
			
	 ARTICLE 15
	  	DEFAULT, TERMINATION AND SUSPENSION	  	25
	 15.1
	  	Default by Contractor	  	25
	 15.2
	  	Termination for Convenience by Owner	  	26
	 15.3
	  	Suspension of Work	  	26
	 15.4
	  	Suspension by Contractor	  	27
	 15.5
	  	Termination by Contractor	  	27
			
	 ARTICLE 16
	  	INDEMNITIES	  	27
	 16.1
	  	General Indemnification	  	27
	 16.2
	  	Lien Indemnification	  	28

  

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	 16.3
	  	Attorneys’ Fees	  	28
	 16.4
	  	Enforceability	  	28
			
	 ARTICLE 17
	  	DISPUTE RESOLUTION	  	29
	 17.1
	  	Negotiation	  	29
	 17.2
	  	Arbitration	  	29
	 17.3
	  	Continued Performance	  	30
			
	 ARTICLE 18
	  	CONFIDENTIALITY	  	30
	 18.1
	  	Contractor’s Obligations	  	30
	 18.2
	  	Exceptions	  	30
	 18.3
	  	Equitable Relief	  	30
	 18.4
	  	Term	  	30
	 18.5
	  	Disclosure and Filings	  	31
			
	 ARTICLE 19
	  	MISCELLANEOUS PROVISIONS	  	31
	 19.1
	  	Entire Agreement	  	31
	 19.2
	  	Amendments	  	31
	 19.3
	  	Interpretation	  	31
	 19.4
	  	Notice	  	31
	 19.5
	  	Severability	  	31
	 19.6
	  	Assignment	  	31
	 19.7
	  	No Waiver	  	32
	 19.8
	  	Governing Law	  	32
	 19.9
	  	No Publicity	  	32
	 19.10
	  	Counterparts	  	32
	 19.11
	  	Owner Parent Guaranty	  	32
	 19.12
	  	Survival	  	32

  

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 LIST OF ATTACHMENTS AND SCHEDULES 
  

			
	 ATTACHMENT A
	  	Contract Documents
		
	 ATTACHMENT B
	  	Key Personnel
		
	 ATTACHMENT C
	  	Form of Notice to Proceed
		
	 ATTACHMENT D
  
 SCHEDULE D-1
  
 SCHEDULE D-2
  
 SCHEDULE D-3
	  	 Form of Change Order
  
 Change Order Form
  
 Unilateral Change Order Form
  
 Pricing for Change Orders

		
	 ATTACHMENT E
	  	Project Schedule
		
	 ATTACHMENT F
	  	Insurance Requirements
		
	 ATTACHMENT G
	  	Form of Contractor’s Invoice
		
	 ATTACHMENT H
  
 SCHEDULE H-1
  
 SCHEDULE H-2
	  	 Form of Payment and Performance Bonds
  
 Form of Payment Bond
  
 Form of Performance Bond

		
	 ATTACHMENT I
  
 SCHEDULE I-1
  
 SCHEDULE I-2
  
 SCHEDULE I-3
  
 SCHEDULE I-4
	  	 Form of Lien and Claim Waivers
  
 Contractor’s Interim Lien and Claim Waiver
  
 Subcontractor’s Interim Lien and Claim Waiver
  
 Contractor’s Final Lien and Claim Waiver
  
 Subcontractor’s Final Lien and Claim Waiver

		
	 ATTACHMENT J
	  	Pricing Schedule
		
	 ATTACHMENT K
	  	Project Scope of Work
		
	 ATTACHMENT L
	  	Approved Subcontractors
		
	 ATTACHMENT M
	  	Contractor Assumptions and Clarifications
		
	 ATTACHMENT N
	  	Guaranty Agreement

  

 iv 







 CONSTRUCTION AGREEMENT 
 THIS CONSTRUCTION AGREEMENT (this “Agreement”), dated as of the 5th Day of January, 2007 (the “Effective Date”), is entered into by and between Cheniere Creole
Trail Pipeline, L.P., a limited partnership organized under the laws of the State of Delaware (“Owner”), and Sunland Construction, Inc., a company organized under the laws of the State of Louisiana
(“Contractor” and, together with Owner, each a “Party” and together the “Parties”). 
 WHEREAS, Owner is developing the Creole Trail Pipeline Segment 2 Project, Alternate Route Single Line Option, consisting of approximately 23.39 miles of 42-inch diameter natural gas pipeline (as more fully
described below, the “Project”) to be located in Cameron and Calcasieu Parishes, Louisiana (the “Site”) all as further described herein; and 
 WHEREAS, Owner desires to enter into an agreement with Contractor to provide construction services for the Project; and 
 WHEREAS, Contractor, itself or through its vendors, suppliers, and subcontractors, desires to provide the foregoing construction services;

 NOW THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the Parties, hereby agree as follows: 
 ARTICLE 1 
 DEFINITIONS 
 1.1 In addition to other
defined terms used throughout this Agreement, when used herein, the following capitalized terms have the meanings specified in this Section 1.1. 
 “AAA” has the meaning set forth in Section 17.2. 
 “AAA
Rules” has the meaning set forth in Section 17.2 
 “Acceleration Schedule” has the meaning set
forth in Section 5.5. 
 “Affiliate” means any Person that directly or indirectly controls, is controlled by, or
is under common control with a Party. For purposes of this definition, “control” (including, with correlative meanings, the terms “controlled by” and “under common control with”) means the possession, directly or
indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or otherwise. 
 “Agreement” means this Agreement for the performance of the Work (including all Attachments and Schedules attached hereto), as it may be amended from time to time in accordance with this
Agreement. 
 “Applicable Law” means all laws, statutes, ordinances, codes, regulations, certifications, orders,
decrees, injunctions, licenses, Permits, approvals, agreements, rules and regulations, including any conditions thereto, of any Governmental Instrumentality having jurisdiction over all or any portion of the Site or the Project or performance of all
or any portion of the Work, or other legislative or administrative action of a Governmental Instrumentality, or a final decree, judgment or order of a court which relates to the performance of Work hereunder or the interpretation or application of
this Agreement, including (i) any and all Permits, and (ii) any Applicable Law related to (a) conservation, improvement, protection, pollution, contamination or remediation of the environment or (b) Hazardous Materials or any
handling, storage, release or other disposition of Hazardous Materials. 
 “Books and Records” has the meaning set
forth in Section 3.8. 
 “Business Day” means every Day other than a Saturday, a Sunday or a Day that is an
official holiday for employees of the federal government of the United States of America. 
  

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 “Change Order” means a written order issued by Owner to Contractor after the
execution of this Agreement, in the form of Schedule D-2, or a written instrument signed by both Parties after the execution of this Agreement in the form of Schedule D-1, that authorizes an addition to, deletion from, suspension of,
or any other modification or adjustment to the requirements of this Agreement. Owner and Contractor are entitled to a Change Order in accordance with Article 6. 
 “Changed Criteria” has the meaning set forth in Section 6.1A. 
 “Claims” has the meaning set forth in Section 16.1A. 
 “Construction Equipment”
means the equipment, machinery, structures, scaffolding, materials, tools, supplies and systems, purchased, owned, rented or leased by Contractor or its Subcontractors or Sub-subcontractors for use in accomplishing the Work, but not intended for
incorporation into the Project. 
 “Contract Documents” mean the documents that establish the rights and obligations
of the parties engaged in the Work, which include this Agreement, Attachments and Schedules to this Agreement, other documents listed in this Agreement, Drawings, Specifications, and Change Orders. An enumeration of the Contract Documents appears in
Attachment A in order of priority, with the Contract Document having the highest priority listed first. In the event of any variance or conflict between a provision in one Contract Document and a provision in another Contract Document, the
Contract Document with the higher priority and the greater obligation shall control. In the event of a conflict within the same Contract Document, explanatory notes take precedence over graphic indications, larger scale drawings and details take
precedence over smaller scale drawings, and figured dimensions take precedence over scaled dimensions. 
 “Contract
Price” has the meaning set forth in Section 7.1. 
 “Contractor” has the meaning set forth in the
preamble. 
 “Contractor Indemnified Parties” means Contractor and its Affiliates and its and their directors,
officers, agents, partners, and employees. A “Contractor Indemnified Party” means any of the Contractor Indemnified Parties. 
 “Contractor Representative” means that Person or Persons designated by Contractor in a written notice to Owner and acceptable to Owner, who shall have complete authority to act on behalf of Contractor on all matters
pertaining to this Agreement or the Work, including making changes in the Work. Contractor designates Louis Ledet as the Contractor Representative who is a Key Person. 
 “Corrective Work” has the meaning set forth in Section 12.3. 
 “CPM
Schedule” has the meaning set forth in Section 5.3A. 
 “Day” means a calendar day. 
 “Default” has the meaning set forth in Section 15.1A. 
 “Defect” or “Defective” has the meaning set forth in Section 12.1A. 
 “Defect Correction Period” means the period commencing upon Substantial Completion and ending twelve
months (12) months thereafter as may be extended pursuant to Section 12.3B. 
 “Dispute” has the meaning set
forth in Section 17.1. 
 “Dispute Notice” has the meaning set forth in Section 17.1. 
 “Drawings” means the graphic and pictorial documents (in written or electronic format) showing the design, location and dimensions
of the Work, generally including plans, elevations, sections, details, schedules and diagrams which are prepared by Engineer and itemized in Attachment A. 
 “Effective Date” has the meaning set forth in the preamble. 
  

 2 







 “Engineer” means the design professional engaged by Owner to provide certain
design, engineering and administrative services required in the agreement between them. Engineer will, to the extent specified in the agreement between Owner and Engineer, act for or on behalf of Owner with respect to Owner’s rights, remedies
and obligations under this Agreement. Except as specifically provided in this Agreement, references to Engineer shall mean Owner’s Engineer for the Project which is Project Consulting Services, Inc. 
 “Equipment” means all equipment, vessels, materials, supplies and systems required for the completion of and incorporation into
the Work, excluding only the Owner-Provided Equipment. 
 “Estimated Contract Price” is the value set forth in
Section 4 of Attachment J. 
 “Final Completion” means that all Work and all other obligations under the
Agreement for the Project (except for that Work and obligations that survive the termination or expiration of this Agreement), are fully and completely performed in accordance with the terms of this Agreement, including: (i) the successful
achievement of Substantial Completion; (ii) the completion of all Punchlist items and delivery by Contractor to Owner of all Warranties relating to such Punchlist items; (iii) delivery by Contractor to Owner of a fully executed Final Lien
and Claim Waiver in the form of Schedule I-3; (iv) delivery by Contractor to Owner of all documentation required to be delivered under this Agreement, including Record As-Built Drawings and Specifications and Owner’s Confidential
Information; (v) removal from the Site of all of Contractor’s, Subcontractors’ and Sub-subcontractor’s personnel, supplies, waste, materials, rubbish, Hazardous Materials, Construction Equipment, and temporary facilities;
(vi) delivery by Contractor to Owner of evidence acceptable to Owner that all Subcontractors and Sub-subcontractors have been fully and finally paid, including fully executed Final Lien and Claim Waivers from all Major Subcontractors in the
form in Schedule I-4; and (vii) performance by Contractor of all other obligations required under this Agreement for Final Completion. 
 “Final Lien and Claim Waiver” means the waiver and release provided to Owner by Contractor and Major Subcontractors in accordance with the requirements of Section 7.3. 
 “Force Majeure” means catastrophic storms, named tropical storms, floods, tornadoes, hurricanes, earthquakes and other acts of
God, wars, civil disturbances, terrorist attacks, revolts, insurrections, sabotage, commercial embargoes, epidemics, fires, explosions and actions of a Governmental Instrumentality that were not requested, promoted, or caused by the affected Party;
provided that such act or event (i) delays or renders impossible the affected Party’s performance of its obligations under this Agreement, (ii) is beyond the reasonable control of the affected Party, not due to its fault or
negligence and was not reasonably foreseeable, and (iii) could not have been prevented or avoided by the affected Party through the exercise of due diligence, including the expenditure of any reasonable sum taking into account the Estimated
Contract Price. For avoidance of doubt, Force Majeure shall not include any of the following (unless otherwise caused by Force Majeure): (a) economic hardship, (b) changes in market conditions, (c) late delivery or failure of
Equipment or Construction Equipment, (d) labor availability, strikes, or other similar labor actions, or (e) climatic conditions (including rain, snow, wind, temperature and other weather conditions), tides, or seasons. 
 “Fixed Unit Price” has the meaning set forth in Section 1 of Attachment J. 
 “Governmental Instrumentality” means any federal, state or local department, office, instrumentality, agency, board or commission
having jurisdiction over a Party or any portion of the Work, the Project or the Site. 
 “Hazardous Materials” means
any substance that under Applicable Law is considered to be hazardous or toxic or is or may be required to be remediated, including (a) “hazardous substances” as defined in 42 U.S.C. § 9601(14), (b) “chemicals”
subject to regulation under Title III of the Superfunds Amendments and Reauthorization Act (“SARA”) of 1986, (c) natural gas liquids, liquefied natural gas or synthetic gas, (d) any petroleum, petroleum-based products or crude
oil or any fraction, or (e) any other chemical, waste, material, pollutant, contaminant or any other substance, exposure to which is now or hereafter prohibited, limited or regulated by any Governmental Instrumentality or which may be the
subject of liability for damages, costs or remediation. 
 “Indemnified Party” means any Owner Indemnified Party or
Contractor Indemnified Party, as the context requires. 
 “Indemnifying Party” means Owner or Contractor, as the
context requires. 
  

 3 







 “Interim Lien and Claim Waiver” means the waiver and release provided to Owner by
Contractor and, if requested, certain Subcontractors in accordance with the requirements of Section 7.2C. 
 “Invoice” means Contractor’s request for a payment pursuant to Section 7.1 for progress payments and pursuant to Section 7.3 for final payment, which invoices shall be in the form of Attachment
G. 
 “Item” has the meaning set forth in Section 1 of Attachment J. 
 “Key Personnel” or “Key Persons” has the meaning set forth in Section 2.2. 
 “Letter of Intent” has the meaning set forth in Section 19.1. 
 “Lump Sum Amount” has the meaning set forth in Section 1 of Attachment J. 
 “Lump Sum Work” has the meaning set forth in Section 1 of Attachment J. 
 “Major Subcontract” means (i) any Subcontract having an aggregate value in excess of Two Hundred Fifty Thousand U.S. Dollars
(U.S.$250,000) or (ii) multiple Subcontracts with one Subcontractor that have an aggregate value in excess of Two Hundred Fifty Thousand U.S. Dollars (U.S.$250,000). 
 “Major Subcontractor” means any Subcontractor with whom Contractor enters, or intends to enter, into a Major Subcontract. 
 “Measured Quantity” is the actual quantity of each individual Item of Unit Price Work completed in accordance with the Contract
Documents, as measured by Contractor and approved by Owner, in units of measure specified in the Schedule of Fixed Prices. Measured Quantities shall not include unused quantities or quantities for unauthorized or unapproved Work or for Work that is
Defective. 
 “Mechanical Completion” means that all of the following has occurred in accordance with
this Agreement: (i) Contractor has completed all construction, procurement, fabrication, assembly, erection, installation, inspection and non-destructive testing; (ii) Contractor has completed a gauging/caliper pig run, and made any
required repairs; (iii) Contractor has completed hydrostatic testing to ensure that the Work was correctly constructed, procured, fabricated, assembled, erected, installed and tested, and is capable of being operated safely and reliably;
(iv) Contractor has dewatered and dried the Work to a dewpoint of negative thirty-eight degrees Fahrenheit (-38oF); (v) Contractor has delivered notice to Owner that all of the requirements under this Agreement for Mechanical
Completion have occurred and the Work is ready for Natural Gas Operations; (vi) Owner has accepted such Contractor notice as set forth in Section 11.1; and (vii) Contractor has performed all other obligations required under the
Contract Documents for Mechanical Completion. 
 “Natural Gas Operations” means that all of the following has
occurred: (i) Owner has purged the Work of air, nitrogen or other inert gasses following construction by Contractor; and (ii) the Owner is capable of utilizing the Work in performance of its intended commercial operations. 
 “Notice to Proceed” or “NTP” has the meaning set forth in Section 5.1. 
 “Owner” has the meaning set forth in the preamble. 
 “Owner Indemnified Parties” means (i) Owner, its parent, Affiliates, (ii) landowners granting Owner or an Affiliate of Owner rights-of-way, servitudes and/or similar real property
interests, and/or licenses or user permits, and any person or entity acquiring rights through such landowners, (iii) the respective co-owners, partners, joint venturers, members, directors, officers, agents, and employees of each Person
specified in clauses (i) and (ii) above. An “Owner Indemnified Party” means any one of the Owner Indemnified Parties. 
 “Owner Representative” means that Person or Persons designated by Owner in a written notice to Contractor who shall have complete authority to act on behalf of Owner on all
matters pertaining to the Work, including giving instructions and making changes in the Work. Owner designates Al Bartz as the Owner Representative. Notification of a change in Owner Representative shall be provided in advance, in writing, to
Contractor. 
  

 4 







 “Owner’s Confidential Information” has the meaning set forth in
Section 18.1. 
 “Owner-Provided Equipment” means the equipment listed in Attachment K to be provided by
Owner to Contractor. Such Owner-Provided Equipment will be assembled, erected and installed by Contractor. 
 “Party”
or “Parties” means Owner and/or Contractor and their successors and permitted assigns. 
 “Permit” means any valid waiver, certificate, approval, consent, license, exemption, variance, franchise, permit, authorization or similar order or authorization from any Governmental Instrumentality required to be
obtained or maintained in connection with the Project, the Site or the Work. 
 “Person” means any individual or any
company, joint venture, corporation, partnership, association, limited liability company, unincorporated organization or other entity having legal capacity, including the Parties, any Subcontractors and Sub-subcontractors, and their respective
directors, officers, agents and employees. 
 “Progress Reports” has the meaning set forth in Section 3.11A.

 “Project” has the meaning set forth in the recitals and more fully described in Project Scope of Work described in
Attachment K. 
 “Project Schedule” means the schedule of dates in which Contractor is required to achieve
certain stages of completion of the Work, including the Required Mechanical Completion Date, Required Substantial Completion Date, and Required Final Completion Date, as more particularly described in Section 5.2 and in Attachment E.

 “Punchlist” means a list of those finishing items required to complete the Work, the completion of which shall not
interrupt, disrupt or interfere with the safe and reliable operation or use of all or any part of the Project as more fully described in Section 11.3 of this Agreement. 
 “Record As-Built Drawings and Specifications” means final, record Drawings and Specifications showing the “as-built”
conditions of the completed Work. 
 “Recovery Schedule” has the meaning set forth in Section 5.4. 
 “Required Final Completion Date” has the meaning set forth in Section 5.2C. 
 “Required Mechanical Completion Date” has the meaning set forth in Section 5.2A. 
 “Required Substantial Completion Date” has the meaning set forth in Section 5.2B. 
 “Retainage” means an amount equal to five percent (5%) to be withheld from each payment up to Final Completion. At Final
Completion, retainage shall be released in accordance with Section 7.6. 
 “Schedule of Fixed Prices” means the
detailed schedule of Unit Price Work and Lump Sum Work set forth in Section 4 of Attachment J (as may be modified by Change Order) allocating the Estimated Contract Price among the various portions of the Work. The Schedule of Fixed
Prices shall be used as a basis to determine the percent completion of the Lump Sum Work and the Fixed Unit Price for the purposes of calculating payments owed to Contractor. 
 “Site” has the meaning set forth in the recitals and includes the permanent easement, temporary workspace, additional temporary
workspace, access roads and staging areas, all as more fully identified in the vicinity map and alignment sheets itemized in Attachment A. 
 “Specifications” means those documents consisting of the written requirements for Equipment standards and workmanship for the Work, assembly, erection and installation of the Owner-Provided Equipment, and performance
of related services, which are prepared by Engineer. 
 “Subcontract” means an agreement by Contractor with a
Subcontractor for the performance of any portion of the Work. 
  

 5 







 “Subcontractor” means any Person who has a direct contract with Contractor to
manufacture or supply Equipment which is a portion of the Work, to lease Construction Equipment to Contractor in connection with the Work, to install Owner-Provided Equipment, to perform a portion of the Work or to otherwise furnish labor or
Equipment. 
 “Substantial Completion” means the stage in the progress of the Work following Mechanical Completion, as
certified by the Engineer and agreed to by Owner, when the Work is complete in accordance with the Contract Documents except for Work on the Punchlist in accordance with the requirements of this Agreement. Without limiting the generality of the
foregoing, the Work shall not be considered Substantially Complete until all of the following have occurred: (i) Contractor and Owner have agreed upon a Punchlist of items as set forth in Section 11.3; (ii) any undisputed damages due
and owing to Owner have been paid (directly or by offset at Owner’s sole discretion); (iii) the entire Work has been completed (including training, manuals and the delivery of all documentation required hereunder), except for Work on the
Punchlist, in accordance with the requirements of this Agreement; (iv) Contractor has obtained all Permits for the Work as required by the Contract Documents; (v) Contractor has delivered to Owner a fully executed Interim Lien and Claim
Waiver in the form of Schedule I-1, fully executed Interim Lien and Claim Waivers from Major Subcontractors in the form of Schedule I-2, covering all Work up to the date of Substantial Completion; (vi) Contractor has assigned to
or provided Owner with all Warranties (other than those Warranties related to Punchlist items) to the extent Contractor is obligated to do so pursuant to the Contract Documents; (vii) Contractor has delivered notice to Owner that all of the
requirements under this Agreement for Substantial Completion have occurred, and Owner has accepted such notice as set forth in Section 11.2; and (viii) Contractor has performed all other obligations required under the Contract Documents
for Substantial Completion. 
 “Sub-subcontract” means any agreement by a Subcontractor with a Sub-subcontractor or by
a Sub-subcontractor with another Sub-subcontractor for the performance of any portion of the Work. 
 “Sub-subcontractor” means any Person who has a direct or indirect contract with a Subcontractor or another Sub-subcontractor to manufacture or supply Equipment which comprises a portion of the Work, to lease
Construction Equipment to Subcontractor or another Sub-subcontractor in connection with the Work, to install Owner-Provided Equipment, to perform a portion of the Work or to otherwise furnish labor or Equipment. 
 “Taxes” means any and all taxes, assessments, levies, duties, fees, charges and withholdings of any kind or nature whatsoever and
howsoever described, including value-added, sales and use taxes, gross receipts, license, payroll, federal, state, local or foreign income, environmental, profits, premium, franchise, property, excise, capital stock, import, stamp, transfer,
employment, occupation, generation, privilege, utility, regulatory, energy, consumption, lease, filing, recording and activity taxes, levies, duties, fees, charges, imposts and withholding, together with any and all penalties, interest and additions
thereto. 
 “Unit Price Work” has the meaning set forth in Section 1 of Attachment J. 
 “Warranty” or “Warranties” has the meaning set forth in Section 12.1A. 
 “Work” means all obligations, duties and responsibilities required of Contractor pursuant to this Agreement, including all
construction, procurement, fabrication, erection, installation, manufacture, delivery, transportation and storage of Equipment and Construction Equipment assembly, erection and installation of Equipment and Owner-Provided Equipment delivery,
transportation, storage, workmanship, labor, inspection and any other services, work or things furnished or used or required to be furnished or used, by Contractor in the performance of this Agreement, including that set forth in Section 3.1,
Attachment K and any Corrective Work. The Work includes all Unit Price Work and Lump Sum Work. 
 1.2 The meanings specified in this
Article 1 are applicable to both the singular and plural. As used in this Agreement, the terms “herein,” “herewith,” “hereunder” and “hereof” are references to this Agreement taken as a whole, and the terms
“include,” “includes” and “including” mean “including, without limitation,” or variant thereof. Unless expressly stated otherwise, reference in this Agreement to an Article or Section shall be a reference to
an Article or Section contained in this Agreement (and not in any Attachments or Schedules to this Agreement) and a reference in this Agreement to an Attachment or Schedule shall be a reference to an Attachment or Schedule attached to this
Agreement. 
  

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 ARTICLE 2 
 RELATIONSHIP OF OWNER, CONTRACTOR AND SUBCONTRACTORS 
 2.1 Status of Contractor. The
relationship of Contractor to Owner shall be that of an independent contractor. Any provisions of this Agreement which may appear to give Owner or the Owner Representative the right to direct or control Contractor as to details of performing the
Work, or to exercise any measure of control over the Work, shall be deemed to mean that Contractor shall follow the desires of Owner or the Owner Representative in the results of the Work only and not in the means by which the Work is to be
accomplished, and Contractor shall have the complete right, obligation and authoritative control over the Work as to the manner, means or details as to how to perform the Work. Nothing herein shall be interpreted to create a master-servant or
principal-agent relationship between Contractor, or any of its Subcontractors or Sub-subcontractors, and Owner. 
 2.2 Key Personnel.
Attachment B sets forth a list of key personnel (“Key Personnel” or “Key Persons”) from Contractor’s organization who shall be assigned to the Work. Owner shall have the right, but not the
obligation, at any time to request that Contractor replace any Key Person with another employee acceptable to Owner. In such event, Contractor shall replace such Key Person without additional expense to Owner. Key Personnel shall not be removed or
reassigned without Owner’s prior written approval. 
 2.3 Subcontractors and Sub-subcontractors. Owner acknowledges and agrees
that Contractor intends to have portions of the Work performed by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by
Sub-subcontractors. All Subcontractors and Sub-subcontractors shall be reputable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. All Subcontracts
and Sub-subcontracts shall be consistent with the terms of this Agreement. NO SUBCONTRACTOR OR SUB-SUBCONTRACTOR IS INTENDED TO
BE OR SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT.
Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons employed by any of them, as Contractor is for the acts or omissions of Persons directly employed by Contractor. The
work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner and its representatives to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel are to be
instructed by Contractor in the terms and requirements of Owner-approved safety and environmental protection policies and procedures. In the event that any personnel do not adhere to such policies and procedures, such personnel shall be removed by
Contractor. In no event shall Contractor be entitled to any adjustment of the Estimated Contract Price or Project Schedule as a result of compliance with such policies and procedures or any removal of personnel necessitated by non-compliance.

 2.4 Subcontracts and Sub-subcontracts. 
 A. Proposed Subcontractors. Attachment L sets forth a list of Subcontractors that Contractor and Owner have agreed
are approved Subcontractors for the performance of that portion of the Work specified in Attachment L. In the event Contractor is considering the selection of a Subcontractor not listed in Attachment L, Contractor shall, within seven
(7) Days, prior to the selection of such Subcontractor, notify Owner in writing of the intended selection of such Subcontractor and inform Owner generally what portion of the Work such Subcontractor is performing. Owner shall have the
discretion to accept or reject any proposed Subcontractor, and Contractor shall not enter into any Subcontract with a proposed Subcontractor that is rejected by Owner. Owner shall either accept or reject such proposed Subcontractor within seven
(7) Days but shall use commercially reasonable efforts to provide a response to Contractor as soon as possible. Approval by Owner of any Subcontractors does not relieve Contractor of any responsibilities under this Agreement. 
 B. Terms of Subcontracts and Sub-subcontracts. In addition to the requirements in Section 2.3 and without in any way
relieving Contractor of its full responsibility to Owner for the acts and omissions of Subcontractors and Sub-subcontractors, each Subcontract and each Sub-subcontract shall contain all provisions required by the Contract Documents or necessary to
enable Contractor to comply with the terms thereof, including that such Subcontract or Sub-subcontract may be assigned to Owner without the consent of the respective Subcontractor or Sub-subcontractor. 
 2.5 Contractor Investigations of the Site and Differing Site Conditions. Contractor has reviewed all information provided by Owner as to the Site
conditions. Contractor warrants that it has the experience, resources, qualifications and capabilities at its disposal to perform the Work in accordance with the Project Schedule. If concealed or unknown conditions be encountered below the surface
of the ground or in existing structures which are at variance with 

  

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information, if any, furnished by Owner in writing under the Contract Documents, or which are of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, then the Estimated Contract Price, Required Mechanical Completion Date, Required Substantial Completion Date, and Required Final
Completion Date may be adjusted by Change Order; provided, however, that Contractor shall notify Owner of such concealed or unknown condition within twenty-four (24) hours of its discovery and comply with all other requirements for
Change Orders identified in Article 6. Upon discovery, Contractor shall use commercially reasonable efforts not to further disturb such conditions. 
 ARTICLE 3 
 CONTRACTOR’S RESPONSIBILITIES 
 3.1 Scope of Work. The Work shall include all Equipment, Construction Equipment, labor, workmanship, inspection, manufacture, fabrication,
installation, delivery, transportation, storage, assembly, erection and installation of Owner-Provided Equipment and all other items or tasks that are set forth in the Contract Documents to construct the Project. Contractor shall perform the Work in
accordance with Applicable Law and all other terms and provisions of the Contract Documents. It is understood and agreed that the Work shall include any incidental work that can reasonably be inferred as required and necessary to complete the
Project in accordance with the Contract Documents, provided, however, that Contractor’s Scope of Work does not include any work to be performed by Owner or by others performing under separate contracts with Owner, including any
engineering or design contractors. For the avoidance of doubt, performance of the Work hereunder shall be independent of any of Owner’s other projects to be performed by Contractor under a separate contract with Owner or to be performed by any
of Owner’s other contractors. 
 3.2 Specific Obligations. Without limiting the generality of Section 3.1 or the
requirements of any other provision of this Agreement, Contractor shall: 
 A. procure, supply, transport, handle, properly
store, assemble, erect and install all Equipment; 
 B. receive and unload Owner-Provided Equipment at the Site or other
off-Site locations designated by Owner, store such Owner-Provided Equipment at the Site or such off-Site location, transport (if applicable) such Owner-Provided Equipment from such off-Site location to the Site, and assemble, erect and install the
Owner-Provided Equipment in accordance with this Agreement, including as required under Attachment K; 
 C. negotiate
all guarantees, warranties, delivery schedules and performance requirements with all Subcontractors so that all Subcontracts are consistent with this Agreement, as set forth in Sections 2.3 and 2.4; 
 D. pay Subcontractors in a timely fashion in accordance with the respective Subcontracts; 
 E. ensure that the Work is performed in accordance with the Project Schedule; 
 F. obtain all Permits required to be obtained in the name of Contractor; 
 G. prepare and furnish to Owner one (1) set of Record As-Built Drawings and Specifications, as applicable; 
 H. replace any Subcontractor(s) who fails to perform its Subcontract obligations; and 
 I. obtain and manage all utilities as required by this Agreement, including those required by Section 3.9. 
 3.3 Contractor’s Tools and Construction Equipment. Contractor shall furnish all Construction Equipment necessary and appropriate for the
timely and safe completion of the Work in strict compliance with this Agreement. Contractor shall be responsible for damage to or destruction or loss of, from any cause whatsoever, all Construction Equipment owned, rented or leased by Contractor or
its Subcontractors or Sub-subcontractors for use in performing the Work. Contractor shall require all insurance policies (including policies of Contractor and all Subcontractors and Sub-subcontractors) in any way relating to such Construction
Equipment to include clauses stating that each underwriter will waive all rights of recovery, under subrogation or otherwise, against the Owner Indemnified Parties. 
  

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 3.4 Employment of Personnel. 
 A. Contractor shall not employ, or permit any Subcontractor or Sub-subcontractor to employ, in connection with its performance under this
Agreement anyone not skilled or qualified or anyone who is otherwise unfit to perform the work assigned to such Person. Contractor agrees to promptly remove (or to require any Subcontractor or Sub-subcontractor to remove) from its services in
connection with the Work any Person who does not meet the foregoing requirements. NOTWITHSTANDING THE FOREGOING, OWNER SHALL HAVE NO
LIABILITY AND CONTRACTOR AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
THE OWNER INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, OF
WHATSOEVER KIND OR NATURE, WHICH MAY ARISE OR RESULT FROM CONTRACTOR
OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR TERMINATING THE EMPLOYMENT OF OR
REMOVING FROM THE WORK ANY SUCH EMPLOYEE WHO FAILS TO MEET THE
FOREGOING REQUIREMENTS FOLLOWING A REQUEST BY OWNER TO HAVE SUCH EMPLOYEE
REMOVED FROM THE WORK. Contractor shall replace any such employee at its sole cost and expense. 
 B. Contractor and its Subcontractors and Sub-subcontractors and the personnel of any of them shall not bring onto the Site: (i) any
firearm of whatsoever nature or any other object which in the sole judgment of Owner is determined to be a potential weapon, unless Applicable Law requires Owner to allow such items on the Site; (ii) alcoholic beverages of any nature;
(iii) any substance that creates a hazard and not related to the Work; (iv) illegal or non-prescription drugs of any nature; or (v) any prescription drugs without a valid prescription. Contractor and its Subcontractors and
Sub-subcontractors shall abide by and enforce the requirements of this Section 3.4B, and shall immediately remove from the Work and the Site, in accordance with Section 3.4A, any employee or agent of Contractor, Subcontractor or
Sub-subcontractor who, in Owner’s sole judgment, has violated the requirements of this Section 3.4B. 
 3.5 Clean-up.
Contractor shall, to Owner’s satisfaction, at all times keep the Site free from all waste materials or rubbish caused by the activities of Contractor or any of its Subcontractors or Sub-subcontractors. Without limitation of the foregoing,
Contractor shall clean up all such waste materials or rubbish at Owner’s request with reasonable notice. As soon as practicable after the completion of all Punchlist items, Contractor shall with respect to such Work remove, at its own cost, all
Construction Equipment and other items not constituting part of the Project and remove all waste material and rubbish from the Site in accordance with industry standards, Permits and this Agreement. In the event of Contractor’s failure to
comply with this Section, Owner may accomplish the same; provided, however, Contractor shall be liable for and pay to Owner all costs associated with such removal. 
 3.6 Safety and Security. Contractor recognizes that safety and physical security are of paramount importance in the performance of the Work, and
that Contractor is responsible for performing the Work in a safe and physically secure manner. Contractor agrees to provide or cause to be provided necessary training and safety Construction Equipment, including properly functioning personal
protective equipment as appropriate and necessary for the performance of the Work, to its employees, Subcontractors and Sub-subcontractors and enforce the use of such training and safety Construction Equipment. Contractor also agrees to provide a
Site safety representative who shall be on-Site at all times during performance of the Work. Contractor shall maintain all accident, injury and any other records required by Applicable Law and this Agreement. Contractor shall comply with all safety
requirements imposed by Applicable Law for the safety of Persons or property and shall conduct all Services in a safe and responsible manner. 
 3.7 Emergencies. In the event of any emergency endangering life or property in any way relating to the Work, the Project or the Site, whether on the Site or otherwise, Contractor shall take such action as may be reasonable and
necessary to prevent, avoid or mitigate injury, damage, or loss and shall, as soon as possible, report any such incidents, including Contractor’s response thereto, to Owner. If Contractor has not taken reasonable precautions for the safety of
the public or the protection of the Work, and such failure creates an emergency requiring immediate action, then Owner may, but shall be under no obligation to, take reasonable action as required to address such emergency. The taking of any such
action by Owner, or Owner’s failure to take any action, shall not limit Contractor’s liability. 
 3.8 Books, Records and
Audits. Contractor shall keep full and detailed books, construction logs, records, daily reports, accounts, schedules, payroll records, receipts, statements, electronic files, correspondence and other pertinent documents as may be necessary for
proper management under this Agreement, as required under Applicable Law or this Agreement, and in any way relating to this Agreement (“Books and Records”). Contractor shall maintain all such Books and Records in accordance
with generally accepted accounting principles applicable in the United States, and shall retain all such Books and Records for a minimum period of three (3) years after Final Completion of the Project, or such greater 

  

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period of time as may be required under Applicable Law. Upon reasonable notice, Owner and any of its representatives shall have the right to audit or to have
audited Contractor’s Books and Records with respect to: (i) any documents relating to safety, security, quality or Permits, and (ii) any amounts billed under unilateral Change Orders executed in accordance with this Agreement;
provided, however, such parties shall not have the right to audit or have audited Contractor’s Books and Records in connection with the internal composition of any compensation that is fixed in amount hereunder, such as the
composition of any fixed or unit pricing or the composition of any markups, fixed percentages or multipliers. When requested by Owner, Contractor shall provide the auditors with reasonable access to all such Books and Records, and Contractor’s
personnel shall cooperate with the auditors to effectuate the audit or audits hereunder. The auditors shall have the right to copy all such Books and Records. Contractor shall bear at its own cost and expense all costs incurred by it in assisting
Owner with audits performed pursuant to this Section 3.8. Contractor shall include audit provisions identical to this Section 3.8 in all Subcontracts. The restrictions in this Section 3.8 to the audit rights shall not control over any
rights such parties have under Applicable Law in discovery in any arbitration arising out of Section 17.2 of this Agreement. 
 3.9
Temporary Utilities, Roads, Facilities and Storage. Contractor shall provide, maintain, and remove from the Site upon Final Completion of the Work, all temporary offices, structures for the use of its employees, sheds, and storage facilities,
complete with all related utilities (i.e., electricity, water, communication, cable, telephone, waste and sewer). Contractor shall provide all temporary utilities necessary to perform and test the Work. Contractor shall construct and maintain
temporary access and haul roads as may be necessary for the proper performance of the Work. Roads constructed on the Site shall be subject to Owner’s written approval. All Equipment and other items comprising part of the Work stored at a
location other than on the Site shall be segregated from other goods, and shall be clearly marked as “Property of Cheniere Creole Trail Pipeline, L.P.” Contractor shall maintain storage areas for such Equipment and other items in an
orderly condition. 
 3.10 Hazardous Materials. Contractor shall not, nor shall it permit or allow any Subcontractor or
Sub-subcontractor to, bring any Hazardous Materials on the Site; provided, however, that Contractor may bring onto the Site such Hazardous Materials as are necessary to perform the Work so long as the same is done in compliance with
Applicable Law and the Contract Documents, and Contractor shall remain responsible and strictly liable for all such Hazardous Materials. If Contractor or any Subcontractor or Sub-subcontractor encounter pre-existing Hazardous Materials at the Site,
and Contractor or any Subcontractor or Sub-subcontractor knows or suspects that such material is Hazardous Material, Contractor and its Subcontractors and Sub-subcontractors shall immediately stop Work in the affected area and notify Owner and
Engineer. If under such circumstances Contractor or any of its Subcontractors or Sub-subcontractors fail to stop Work and notify Owner, Contractor shall be responsible and liable to Owner in accordance with Section 16.1E. Contractor shall, at
its own expense, dispose of all non-hazardous wastes and Hazardous Materials generated during performance of the Work at Owner-approved disposal facilities off-Site which permitted to receive such wastes and Hazardous Materials. 
 3.11 Reports and Meetings. 
 A. Reports. Contractor shall provide Owner with one (1) hardcopy and one (1) electronic copy of progress reports and such other information as reasonably requested by Owner, including (i) safety incident
reports within three (3) Business Days of the occurrence of any such incident, including “near miss” incidents wherein no individual was injured or property was damaged; provided, however, preliminary safety incident reports
shall be provided within twenty-four (24) hours of such incident; and (ii) progress reports twice per month (“Progress Reports”), in a form acceptable to Owner reflecting the actual progress of the Work against the
CPM Schedule, including information on the status of materials and Equipment which may be in the course of preparation or manufacture. Contractor shall submit the Progress Report with the Invoice for such period, and the Progress Report shall cover
activities up through the end of the previous period. Contractor shall provide Owner with the number of copies of such reports and shall arrange for the distribution thereof as Owner may reasonably request. 
 B. Meetings. As requested by Owner, Contractor shall meet with Owner, and secure the attendance of those personnel
whose attendance may be requested by Owner. At a minimum, meetings shall be held twice per month to review the Progress Report for that period. 
 3.12 Title to Materials Found. As between Owner and Contractor, the title to water, soil, rock, gravel, sand, minerals, timber, and any other materials developed or obtained in the excavation or other operations of Contractor, any
Subcontractor or Sub-subcontractor and the right to use said materials or dispose of same is hereby expressly reserved by Owner. Contractor may, at the sole discretion of Owner, be permitted, without charge, to use in the Work any such materials
that comply with the requirements of this Agreement. 
  

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 3.13 Cooperation with Others. Contractor acknowledges that Owner, other contractors and other
subcontractors or other Persons may be working at the Site during the performance of this Agreement and the Work or use of certain facilities may be interfered with as a result of such concurrent activities. Owner shall notify Contractor of the
other contractors, subcontractors or Persons and the general nature of the Work to be performed by each. Contractor shall coordinate the Work with the work of Owner’s other contractors, if any, in such manner to ensure that no delay or
interference in completion of any part or all of the Project. Contractor shall perform all cutting, fitting, patching, sleeving, grouting, and sealing of the Work that (i) may be required to fit the Work to the work of others, to receive the
work of others, or to be received by the work of others, as shown in or reasonably implied by the Contract Documents, (ii) is required or reasonably implied by the Contract Documents, or (iii) is required or reasonably implied by
Applicable Law. 
 3.14 Responsibility for Property. Contractor shall plan and conduct the performance of the Work so that neither
Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon lands (other than the Site) or waterbodies in their natural state unless authorized by Owner in writing; (ii) close or obstruct any utility installation,
highway, waterway, harbor, road or other property unless and until Permits and Owner’s written permission therefore have been obtained; (iii) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone,
conduit or electric transmission line, ditch, navigational aid, dock or structure unless and until otherwise specifically authorized by Owner in writing; (iv) damage any property in (ii) or (iii); and (v) damage or destroy maintained,
cultivated or planted areas or vegetation (such as trees, plants, shrubs, shore protection, paving, or grass) on the Site or adjacent thereto which, as determined by Owner, do not interfere with the performance of this Agreement. The foregoing
includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. Contractor shall be fully responsible for all damages, losses, costs and expenses arising out of damage to the Site and
shall promptly repair damage at its own cost and expense subject to Attachment K and Attachment F. Contractor and its Subcontractors and Sub-subcontractors shall coordinate and conduct the performance of the Work so as to not interfere with
or disrupt the use and peaceful enjoyment of any adjacent property to the Site. 
 3.15 Used or Salvaged Materials. If, after
Substantial Completion and prior to Final Completion, Contractor has any Equipment that it purchased for the Project but did not incorporate into the Project, and if Contractor does not desire to keep such Equipment for its own use, Owner may
require Contractor to haul such Equipment off the Site at Contractor’s cost and expense; provided that if such Equipment was purchased pursuant to a unilateral Change Order in accordance with Section 6.1C or 6.2D, Owner shall have
the right, at its option, to keep such Equipment for no additional cost or require that Contractor haul such Equipment off the Site at Contractor’s cost and expense. 
 3.16 Compliance with Real Property Interests. Contractor shall, in the performance of the Work, comply, and cause all Subcontractors to comply, with any easement, lease, right-of-way or other property interests
that affect or govern the Site or any other real property used for the purposes of completing the Work, including any insurance or indemnification restrictions or obligations therein, to the extent such easement, lease, right of way or other
property interests relate to the performance of the Work. 
 3.17 Review of Shop Drawings. Contractor shall review, approve and submit
to Engineer shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or the activities of Owner or its separate contractors.
However, Contractor shall perform no portion of the Work requiring submittal and review of shop drawings, product data, samples or similar submittals until the respective submittal has been approved by Engineer. Thereafter, Work shall be in
accordance with approved submittals. By approving and submitting shop drawings, product data, samples and similar submittals, Contractor represents that it has determined and verified materials, field measurements and field construction criteria
related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by Engineer’s approval of shop drawings, product data, samples or similar submittals unless Contractor has specifically informed Engineer in writing of such deviation at the time of submittal and the
Engineer has given written approval of the specific deviation. Contractor shall not be relieved of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals by Engineer’s approval thereof. Contractor
shall direct specific attention, in writing or on resubmitted shop drawings, product data, samples or similar submittals, to revisions other than those requested by Engineer on previous submittals. 
 3.18 Layout. Contractor shall be responsible for its layout, and shall protect and preserve all installed engineering data, benchmarks, and other
layout points. Contractor shall take all necessary precautions to ensure that such data are not damaged, destroyed, altered, or changed. Re-engineering or reinstallation, if required, shall be performed at Contractor’s sole cost and expense.

  

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 3.19 Substitutions. Contractor shall not make any substitutions for Equipment or manufacturers in
the Drawings or Specifications without Owner’s prior written approval. All requests for substitutions shall be submitted in writing to Engineer and Owner. Such requests shall include supporting data and samples, if required to permit a fair
evaluation of the quality, serviceability, warranty, and other pertinent aspects of the proposed substitute. Requests for substitutions shall also state the effect of the substitute on the cost and the Project Schedule. Substitutions will be
considered only if Owner receives the advantage of lesser cost with no decrease in quality, an earlier Required Mechanical Completion Date, or both. Owner may accept or reject a proposed substitution in its sole discretion. If a substitution is
approved by Owner in writing, Contractor shall assume all risks and costs for adjustment of all Work affected by the substitution and any delays occasioned by its use. 
 ARTICLE 4 
 OWNER’S RESPONSIBILITIES 
 4.1 Payment. Owner shall timely pay the Contract Price in accordance with the provisions of Article 7. 
 4.2 Access to the Site. Owner shall provide Contractor with reasonable access to the Site on which the Project is to be physically situated.
Subject to Section 3.13, such access on the Site shall be sufficient to permit Contractor to progress with the Work without substantial interruption or interference. 
 4.3 Owner-Provided Equipment . Owner shall provide the Owner-Provided Equipment as set forth in Attachment K. 
 4.4 Engineering. Owner shall furnish or cause to be furnished all engineering and design services for the Project. 
 4.5 Permits. Owner shall obtain all permits reasonably necessary for the Work except those Contractor is required to provide pursuant to Section 3.2F. 
 ARTICLE 5 
 COMMENCEMENT OF WORK,
PROJECT SCHEDULE, AND SCHEDULING OBLIGATIONS 
 5.1 Commencement of Work at the Site. Contractor shall not commence performance of
the Work at the Site until Owner issues the notice to proceed in the form attached hereto as Attachment C (“Notice to Proceed”) authorizing the same pursuant to the terms and conditions of this Agreement. Upon
Contractor’s receipt from Owner of the NTP, Contractor shall commence with the performance of the Work specified in such NTP within ten (10) Days of receipt thereof, provided that Contractor shall not commence performance of the
Work at the lake portion of the Site prior to April 16, 2007. If Owner issues the NTP after April 1, 2007, then Contractor shall be entitled to an increase in the Estimated Contract Price by Change Order for one percent (1%) of the
Estimated Contract Price per month for each full month of delay, provided that under no circumstance shall Owner’s aggregate liability under this Section 5.1 and Section 15.2B(ii) exceed five percent (5%) of the Estimated
Contract Price. In addition, the Required Mechanical Completion Date shall be adjusted to on a Day for Day basis for such delay except to the extent such delay prohibits Contractor from performing construction in accordance with the Permits, in
which case Contractor shall be entitled to a sufficient adjustment to the Required Mechanical Completion Date to perform the Work in accordance with the Permits. Any adjustment to the Estimated Contract Price and the Required Mechanical Completion
Date shall be pursuant to a Change Order. 
 5.2 Project Schedule. Contractor shall perform the Work in accordance with the Project
Schedule set forth in this Section 5.2 and in Attachment E. 
 A. Required Mechanical Completion
Date. Contractor shall achieve Mechanical Completion of the Work no later than March 15, 2008 (“Required Mechanical Completion Date”). The Required Mechanical Completion Date shall only be adjusted by Change Order as provided
under this Agreement. 
 B. Required Substantial Completion Date. Contractor shall achieve Substantial
Completion of the Work no later than fifteen (15) Days after achieving Mechanical Completion (“Required Substantial Completion Date”). The Required Substantial Completion Date shall only be adjusted by Change Order as
provided under this Agreement. 
  

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 C. Required Final Completion Date. Contractor shall achieve Final
Completion of the Work no later than forty-five (45) Days after achieving Substantial Completion (“Required Final Completion Date”). The Required Final Completion Date shall only be adjusted by Change Order as provided
under this Agreement. 
 5.3 CPM Schedule. 
 A. CPM Schedule Submission. On or prior to execution of this Agreement, Contractor shall prepare and submit to Owner for its
review and written approval a detailed critical path method schedule for the Project (“CPM Schedule”). Owner may issue written comments, proposed changes and/or written approval or disapproval of such CPM Schedule. The CPM
Schedule shall, at a minimum, (i) include separate activities for each portion of the Project, (ii) be fully integrated and shall be consistent with the Project Schedule, and (iii) show an uninterrupted critical path from the NTP
through Substantial Completion and Final Completion of the Project. With respect to each activity in the CPM Schedule, the CPM Schedule shall show the activity number, activity description, early start and early finish dates, late start and late
finish dates, duration, total float value, and responsible Contractor, Subcontractor or other parties. The CPM Schedule shall represent Contractor’s best judgment as to how it shall complete the Work in compliance with the Project Schedule,
including the Required Mechanical Completion Date, Required Substantial Completion Date, and the Required Final Completion Date. The CPM Schedule shall be submitted in hard copy and also in its native electronic format, provided on a computer
diskette. Once the CPM Schedule and the required submittals have been reviewed and approved by Owner, such version of the CPM Schedule shall be the baseline CPM Schedule for the Work. 
 B. Progress Updates to CPM Schedule. After approval by Owner of the baseline CPM Schedule described in Section 5.3A,
Contractor shall manage and update (no less frequently than twice per month) the CPM Schedule. Each updated CPM Schedule shall meet the requirements of Section 5.3A, and in addition shall (i) at a minimum, be prepared with the same level
of detail as the baseline CPM Schedule, (ii) reflect the Work as actually performed or as forecasted, and (iii) show any other information requested by Owner. Contractor shall submit to Owner current updates to the CPM Schedule on a
periodic basis, which shall be submitted with each Progress Report and Invoice. Contractor shall promptly correct any errors or inconsistencies in the updates to the CPM Schedule identified to Contractor by Owner and resubmit a corrected update for
Owner’s review. 
 C. Approval of Baseline CPM Schedule and Updates to CPM Schedule. Owner’s review
and approval, or lack of review or approval, of the baseline CPM Schedule and any updated CPM Schedule shall not relieve Contractor of any obligations for the performance of the Work, change the Required Mechanical Completion Date, Required
Substantial Completion Date, or the Required Final Completion Date, nor shall it be construed to establish the reasonableness of the CPM Schedule. However, if Owner knows that the original CPM Schedule or any revisions are not reasonable, Owner
shall so advise Contractor. 
 5.4 Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should
the CPM Schedule or Progress Report show that any activity on the critical path of the CPM Schedule is delayed such that Substantial Completion or Final Completion of the Work will occur fourteen (14) or more Days after the Guaranteed Required
Mechanical Completion Date, Guaranteed Required Substantial Completion Date, or Guaranteed Required Final Completion Date, and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment
responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare, at Contractor’s cost, a schedule to explain and display how it intends to regain compliance with
the CPM Schedule (“Recovery Schedule”). After the written notification by Owner of the requirement for a Recovery Schedule, Contractor shall: 
 A. Prepare the Recovery Schedule and submit it to Owner for its review within five (5) Days of such written notification. The
Recovery Schedule shall represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule. 
 B. Participate in a conference with Owner, and with any other Person, including Subcontractors and Sub-subcontractors, whom Owner designates to participate, to review and evaluate the Recovery Schedule. Any revisions to the Recovery
Schedule as a result of this review shall be resubmitted for review by Owner. 
 C. Perform the Work in accordance with the
Recovery Schedule. In preparing and executing the Recovery Schedule, Contractor shall take all steps necessary to regain compliance with the CPM Schedule, 

  

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including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and
resequencing activities. 
 Owner’s requirement, review and approval of the Recovery Schedule shall not relieve Contractor of any obligations for the
performance of the Work, change any dates in the Project Schedule, or be construed to establish the reasonableness of the Recovery Schedule. 
 5.5 Acceleration and Acceleration Schedule. Even if the Work is otherwise in compliance with the CPM Schedule, Owner may, at any time, direct Contractor by unilateral or mutually agreed Change Order to accelerate the Work by, among
other things, establishing additional shifts, paying or authorizing overtime, providing additional Construction Equipment or expediting Equipment. In the event of this directive, Owner’s sole liability shall be to pay Contractor any documented
costs clearly and solely attributable to such acceleration. Such costs may include any shift differential, premium, or overtime payments to workers or field supervisors and other employees of Contractor dedicated to the Work on a full-time basis
actually incurred over and above Contractor’s normal rates, and overtime charges for Construction Equipment. Any adjustment to the Estimated Contract Price or any other Changed Criteria that the Parties agree will be changed by Owner’s
acceleration of the Work shall be implemented by Change Order. If Owner directs Contractor to accelerate the Work, Contractor shall immediately commence and diligently perform the acceleration of the Work, and shall prepare a schedule, for
Owner’s review and approval, to explain and display how it intends to accelerate the Work and how that acceleration will affect the critical path of the CPM Schedule (the “Acceleration Schedule”). The Owner-approved
Acceleration Schedule shall be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing that portion of the Work that is affected by such acceleration, with the CPM Schedule governing the
performance of all other Work. Owner’s requirement, review and approval of the Acceleration Schedule shall not constitute an independent evaluation or determination by Owner of the workability, feasibility, or reasonableness of the Acceleration
Schedule. 
 ARTICLE 6 
 CHANGES; FORCE MAJEURE; AND OWNER-CAUSED DELAY 
 6.1 Change Orders Requested by Owner. Owner shall be entitled to a
Change Order upon request in accordance with this Section 6.1. 
 A. If Owner submits to Contractor in writing a duly
signed proposed Change Order, Contractor must respond to Owner within five (5) Days with a written statement setting forth the effect, if any, which such proposed Change Order would have on the Estimated Contract Price, the Required Mechanical
Completion Date, the Required Substantial Completion Date, the Required Final Completion Date or any other obligation or potential liability of Contractor hereunder (collectively or individually, the “Changed Criteria”). The
written statement shall include all information required by Section 6.5B. 
 B. If the Parties agree on such Changed
Criteria of the proposed Change Order (or modify such Change Order so that the Parties agree on such Changed Criteria), the Parties shall execute such Change Order, which shall be in the form of Schedule D-1 and such Change Order shall
become binding on the Parties, as part of this Agreement. 
 C. If the Parties cannot agree on such Changed Criteria of the
proposed Change Order within ten (10) Business Days of Contractor’s receipt of Owner’s proposed Change Order, or if Owner desires that the proposed changed Work set forth in the proposed Change Order commence immediately without the
requirement of a written statement by Contractor as required under Section 6.1A, Owner may, by issuance of a unilateral Change Order in the form attached hereto as Schedule D-2, require Contractor to commence and perform the changed
Work specified in the unilateral Change Order, at Owner’s option, either (i) on a time and materials basis using the rates set forth in Schedule D-3 or, if not therein, at rates not to exceed then-current market rates with the
effect of such unilateral Change Order on the Changed Criteria (or if the Parties agree on the effect of such unilateral Change Order for some but not all of the Changed Criteria, the impact of each of the components of the Changed Criteria on which
the Parties disagree) to be determined as soon as possible, or (ii) in accordance with the outcome of the Dispute resolution procedures set forth in Article 17; provided, however, that Contractor shall perform the Work as specified in such
unilateral Change Order and Owner shall continue to pay Contractor in accordance with the terms of this Agreement and any previously agreed Change Orders pending resolution of the Dispute. When Owner and Contractor agree on the effect of such
unilateral Change Order on all of the Changed Criteria, such agreement shall be recorded by execution by the Parties of a Change 

  

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Order in the form attached hereto as Schedule D-1, which shall supersede the unilateral Change Order previously issued and relating to such
changed Work. Contractor shall be considered to be in Default under Section 15.1 should it (i) fail to commence the performance of the changed Work or other obligations required in such unilateral Change Order within three
(3) Business Days of receipt of such unilateral Change Order (or within such other time specified in such unilateral Change Order) or (ii) fail to diligently perform the changed Work or other obligations required in such unilateral Change
Order. 
 6.2 Change Orders Requested by Contractor. 
 A. Contractor shall have the right to a Change Order in the event of any of the following occurrences: 
 1. To the extent expressly permitted under Section 5.1; 
 2. Acts or omissions of Owner that constitute a material breach of this Agreement by Owner and materially and adversely affect
Contractor’s actual cost (which costs shall be adequately documented and supported) of performance of the Work or ability to perform any material requirement under this Agreement and, with respect to delays (as that term is defined
Section 6.9) caused by Owner or any Person acting on behalf or under the control of Owner, compensation and a time extension to the Project Schedule to the extent allowed under Section 6.8; 
 3. Force Majeure to the extent allowed under Section 6.7A; 
 4. Acceleration of the Work ordered by Owner pursuant to Section 5.5, provided that a Change Order has been issued;

 5. To the extent expressly permitted under Section 12.2A; 
 6. Suspension in Work ordered by Owner pursuant to Section 15.3; or 
 7. Termination for convenience pursuant to Section 15.2B and termination by Contractor pursuant to Section 15.5. 
 B. Should Contractor desire to request a Change Order under this Section 6.2, Contractor shall, pursuant to Section 6.5, notify
Owner in writing and issue to Owner, at Contractor’s expense, a request for a proposed Change Order, a detailed explanation of the proposed change and Contractor’s reasons for proposing the change, all documentation necessary to verify the
effects of the change on the Changed Criteria, and all other information required by Section 6.5. Any adjustments to the Estimated Contract Price shall be requested on a unit price or lump sum basis and shall be derived from the rates set forth
in Schedule D-3 to the extent applicable, or, if not therein, derived from rates not to exceed then-current market rates. 
 C. If Owner agrees that a Change Order is necessary and agrees with Contractor’s statement regarding the effect of the proposed Change Order on the Changed Criteria, then Owner shall issue such Change Order, which shall be in the form
of Schedule D-1, and such Change Order shall become binding on the Parties as part of this Agreement upon execution thereof by the Parties. 
 D. If the Parties agree that Contractor is entitled to a Change Order but cannot agree on the effect of the proposed Change Order on the Changed Criteria within ten (10) Business Days of Owner’s receipt of
Contractor’s written notice and proposed Change Order and all other required information, or if Owner desires that the proposed changed Work set forth in the proposed Change Order commence immediately, the rights, obligations and procedures set
forth in Section 6.1C are applicable. 
 E. If the Parties cannot agree upon whether Contractor is entitled to a Change
Order within ten (10) Business Days of Owner’s receipt of Contractor’s written notice and proposed Change Order, then the Dispute shall be resolved as provided in Article 17. Pending resolution of the Dispute, Contractor shall
continue to perform the Work required under this Agreement, and Owner shall continue to pay Contractor in accordance with the terms of this Agreement, any Change Orders and any previously agreed or unilateral Change Orders. If, prior to Final
Completion, Contractor and Owner disagree as to whether the required work is included as part 

  

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of the Work, as may be modified by Attachment M, and the Parties are unable to resolve the Dispute as provided in Section Article 17, Owner shall
issue a unilateral Change Order under Section 6.1C, provided that Owner may reserve its right to resolve the Dispute in accordance with Section 17.2 following Final Completion of the Work, provided further that this Agreement
is not terminated prior to Final Completion in which case Owner may resolve the Dispute in accordance with Section 17.2 at any time following compliance with Section 17.1. 
 6.3 Estimated Contract Price Adjustment; Contractor Documentation. If a Change Order is executed on a time and materials basis pursuant to
Section 6.1C or 6.2D, then the Estimated Contract Price shall be adjusted using rates set forth in Schedule D-3, or, if not therein, at rates not to exceed then-current market rates. Contractor shall use reasonable efforts to
minimize such costs (consistent with the requirements of this Agreement). 
 6.4 Change Orders Act as Accord and Satisfaction. Unless
otherwise expressly and conspicuously stated in the Change Order, Change Orders agreed pursuant to Section 6.1B or 6.2C by the Parties, and unilateral Change Orders entered into pursuant to Section 6.1C or 6.2D on a time and materials
basis and which the Parties have subsequently agreed upon the effect of such unilateral Change Order and executed a superseding and mutually agreed upon Change Order as provided in Section 6.1B or 6.2C shall constitute a full and final
settlement and accord and satisfaction of all effects of the change as described in the Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Accordingly, unless otherwise expressly and
conspicuously stated in such Change Order, Contractor waives and releases any and all right to make a claim or demand or to take any action or proceeding against Owner for any other consequences arising out of, relating to, or resulting from such
change reflected in such Change Order, whether the consequences result from such change reflected in such Change Order, including any claims or demands that any Change Order or number of Change Orders, individually or in the aggregate, have impacted
the unchanged Work; provided, however, Contractor may only expressly reserve its right under a Change Order to make such claim or demand or take any such action or proceeding against Owner if Contractor is not able in good faith to determine,
in accordance with industry standards, all of the effects of the change at the time of executing such Change Order and, provided further that if Contractor so expressly reserves its rights in accordance with this Section, Contractor shall make such
claim or demand or take any such action or proceeding against Owner within a reasonable time but in no event prior to Final Completion, and if Contractor fails to bring such claim or demand prior to Final Completion, Contractor is deemed to have
forever waived and released such claim or demand. 
 6.5 Timing Requirements for Notifications and Change Order Requests by
Contractor. Should Contractor desire to seek an adjustment to the Estimated Contract Price, the Project Schedule, the Required Mechanical Completion Date, Required Substantial Completion Date, or Required Final Completion Date, or any other
modification to any other obligation of Contractor under this Agreement for any circumstance that Contractor has reason to believe may give rise to a right to request the issuance of a Change Order, Contractor shall, with respect to each such
circumstance: 
 A. notify Owner in writing of the existence of such circumstance within seven (7) Days of the date that
Contractor knew or reasonably should have known of the first occurrence or beginning of such circumstance, provided that if such circumstance is an emergency, notice shall be given immediately. In such notice, Contractor shall state in detail
all known and presumed facts upon which its claim is based, including the character, duration and extent of such circumstance, the date Contractor first knew of such circumstance, any activities impacted by such circumstance, the cost and time
consequences of such circumstance and any other details or information that are expressly required under this Agreement. Contractor shall only be required to comply with the notice requirements of this Section 6.5A once for continuing
circumstances, provided the notice expressly states that the circumstance is continuing and includes Contractor’s best estimate of the time and cost consequences of such circumstance; and 
 B. submit to Owner a request for a proposed Change Order as soon as reasonably practicable after giving Owner written notice but in no
event later than seven (7) Days after the completion of each such circumstance, together with a written statement (i) detailing why Contractor believes that a Change Order should be issued, plus all documentation reasonably requested by or
necessary for Owner to determine the factors necessitating the possibility of a Change Order and all other information and details expressly required under this Agreement; and (ii) setting forth the effect, if known, which such proposed Change
Order would have for the Work on any of the Changed Criteria. Contractor shall advise Owner if the impact on the Changed Criteria are not known within the seven (7) Days or if such impact is expected to accrue or to continue to accrue after
such seven (7) Day period. 
  

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 The Parties acknowledge that Owner will be prejudiced if Contractor fails to provide the notices and
proposed Change Orders as required under this Section 6.5, and agree that such requirements are an express condition precedent necessary to any right for an adjustment in the Estimated Contract Price, the Project Schedule, the Required
Mechanical Completion Date, Required Substantial Completion Date, or Required Final Completion Date, any Work, or any other modification to any other obligation of Contractor under this Agreement. Verbal notice, shortness of time, or Owner’s
actual knowledge of a particular circumstance shall not waive, satisfy, discharge or otherwise excuse Contractor’s strict compliance with this Section 6.5. 
 6.6 Adjustment Only Through Change Order. No change in the requirements of this Agreement, whether an addition to, deletion from, suspension of or modification to this Agreement, including any Work, shall be
the basis for an adjustment for any change in the Estimated Contract Price, the Project Schedule (including the Required Mechanical Completion Date, Required Substantial Completion Date, or Required Final Completion Date), any Work or any other
obligations of Contractor or right of Owner under this Agreement unless and until such addition, deletion, suspension or modification has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the
requirements of this Article 6. Contractor shall not perform any change in the Work unless and until such change is authorized pursuant to this Article 6, and should Contractor perform or claim to perform any changes in the Work prior to
authorization by Change Order, all such costs and expenses incurred by Contractor shall be for Contractor’s account. No course of conduct or dealings between the Parties, nor express or implied acceptance of additions, deletions, suspensions or
modifications to this Agreement, including any Work, and no claim that Owner has been unjustly enriched by any such addition, deletion, suspension or modification to this Agreement, whether or not there is in fact any such unjust enrichment, shall
be the basis for any claim for an adjustment in the Estimated Contract Price, the Project Schedule (including the Required Mechanical Completion Date, Required Substantial Completion Date, or Required Final Completion Date), any Work or any other
obligations of Contractor under this Agreement. 
 6.7 Force Majeure. 
 A. Contractor Relief. If the commencement, prosecution or completion of any Work is delayed by Force Majeure, then
Contractor shall be entitled to an extension to the Required Mechanical Completion Date if such delay affects the performance of any Work that is on the critical path of the CPM Schedule and causes Contractor to complete the Work beyond the Required
Mechanical Completion Date, but only if Contractor is unable to proceed with other portions of the Work so as not to cause a delay in the Guaranteed Mechanical Completion Date, and Contractor complies with the notice and Change Order request
requirements in Section 6.5 and the mitigation requirements in Section 6.10. The Parties agree that Contractor’s sole remedy for such delay shall be an adjustment to the Required Mechanical Completion Date pursuant to a Change Order
other than as set forth in Section 6.7A.1. Any adjustment to the Project Schedule shall be recorded in a Change Order. 
 1. If the commencement, prosecution or completion of any Work is delayed by a named tropical storm or hurricane, then Contractor shall be entitled to an increase in the Estimated Contract Price for all downtime due to such event in
accordance with the standby crew rates set forth in Section 1 of Schedule D-3 or, if mutually agreed upon by the Parties in writing, the labor and equipment rates set forth in Section 2 of Schedule D-3, up to thirty
(30) continuous Days of downtime due to such named tropical storm or hurricane. Subject to the requirements of Sections 6.5 and 6.10, Owner’s liability for such rates shall commence when it becomes necessary to suspend the Work and begin
demobilization for protection of the vessel used in the performance of the Work and its complement, be operable during demobilization and remobilization at the Site, and expire upon recommencement of Work at the Site or as otherwise set forth above
in the event of thirty (30) continuous Days of downtime. Any adjustment to the Estimated Contract Price shall be recorded in a Change Order. If Owner elects to terminate all or any part of the Work in accordance with Section 15.2 after the
maximum amount of standby crew rates or labor and equipment rates, as applicable, have accrued in accordance with this Section, Owner shall not be liable for and the cancellation fee set forth in Section 15.2B shall not apply. 
 B. Owner Relief. Subject to Section 6.7C, Owner’s obligations under this Agreement shall be suspended to the
extent that performance of such obligations is delayed by Force Majeure. 
 C. Payment Obligations. No
obligation of a Party to pay moneys under or pursuant to this Agreement shall be excused by reason of Force Majeure. 
  

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 6.8 Delay Caused by Owner or Delay Caused by Changes in the Work. Should Owner or any Person
acting on behalf of or under the control of Owner delay the commencement, prosecution or completion of any Work, and if such delay is not in any way attributable to Contractor or its Subcontractors or Sub-subcontractors but is caused by Owner’s
material breach of an express obligation of Owner under this Agreement or for delays caused by Owner’s ordering a change in the Work (provided that a Change Order has been issued in accordance with Section 6.1), then Contractor shall be
entitled to an adjustment in the Estimated Contract Price and an extension to the Required Mechanical Completion Date if (i) such delay affects the performance of any Work that is on the critical path of the CPM Schedule, (ii) such delay
causes Contractor to complete the Work beyond the Required Mechanical Completion Date, (iii) Contractor is unable to proceed with other portions of the Work so as not to cause a delay in the Required Mechanical Completion Date and
(iv) Contractor complies with the notice and Change Order request requirements in Section 6.5 and the mitigation requirements of Section 6.10. Any adjustment to the Estimated Contract Price shall be for reasonable, additional direct
costs incurred by Contractor, including overhead and profit, for such delay meeting the requirements of this Section 6.8, and any adjustments to the Estimated Contract Price or the Required Mechanical Completion Date shall be recorded in a
Change Order. The Parties agree that if they execute a Change Order with respect to any change in the Work described in this Section 6.8, any delay arising out of such change in the Work and meeting the requirements of this Section 6.8
shall be included in the Change Order incorporating such change in the Work. 
 6.9 Delay. For the purposes of Sections 6.2A.1, 6.6
and 6.8, the term “delay” shall include hindrances, disruptions or obstructions, or any other similar term in the industry and the resulting impact from such hindrances, disruptions or obstructions, including inefficiency, impact, ripple
or lost production. 
 6.10 Contractor Obligation to Mitigate Delay. With respect to Sections 6.6 and 6.8, in no event shall
Contractor be entitled to any adjustment to the Project Schedule or adjustment to the Estimated Contract Price for that portion of delay to the extent Contractor could have taken, but failed to take, reasonable actions to mitigate such delay.

 ARTICLE 7 
 CONTRACT
PRICE AND PAYMENTS TO CONTRACTOR 
 7.1 Contract Price and Estimated Contract Price. As compensation in full to Contractor for the
full and complete performance of the Work and all of Contractor’s other obligations under this Agreement with respect to the Work, Owner shall pay and Contractor shall accept the sum of (i) the product of the Fixed Unit Prices multiplied
by the Measured Quantities for all Unit Price Work performed in accordance with this Agreement, plus (ii) the sum of the Lump Sum Amounts for all Lump Sum Work performed in accordance with this Agreement (the “Contract
Price”). Contractor shall not bill Owner for any costs relating to any portion of the Work in excess of the Estimated Contract Price specified in Attachment J without obtaining Owner’s written approval prior to incurring
such costs. The Estimated Contract Price, Fixed Unit Prices, and the Lump Sum Amounts are subject to adjustment only by Change Order as provided in Article 6. The Estimated Contract Price includes all Taxes, costs, charges, and expenses of whatever
nature applicable to the Work. 
 7.2 Interim Payments. 
 A. Invoices. Twice each month, Contractor shall submit to Owner and Engineer an Invoice for all Work completed during the
prior period, if any, which Invoice shall be in the amount equal to the payment due for such completed Work, less Retainage as set forth in Section 7.2B. Such Invoice shall also include amounts properly due and owing for Work performed during
the prior month and pursuant to a unilateral Change Order issued pursuant to Section 6.1C or 6.2D, less Retainage. All Invoices shall be in the form of Attachment G, and shall include all documentation supporting its request for payment
as required under this Agreement. Contractor shall provide documentation such as invoices and receipts supporting all amounts billed for unilateral Change Orders issued pursuant to Section 6.1C or 6.2D. Each payment shall be subject to
Owner’s right to withhold payments under this Agreement, including Sections 7.5 and 13.1. Payments shall be made in U.S. Dollars to an account designated by Contractor. 
 B. Payments. Each Invoice shall be based upon the Schedule of Fixed Prices in Attachment J, and each Invoice shall
indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Invoice. Subject to other provisions of this Agreement, the amount stated in each Invoice shall be computed as follows: 
 1. for Unit Price Work, multiply the Fixed Unit Price by the Measured Quantity; 
  

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 2. add, for the Lump Sum Work, the product of the Lump Sum Amount for the applicable Item
of Lump Sum Work multiplied by the percentage completion for such portion of the Lump Sum Work as of the end of the period covered by the Invoice, provided that for Items 1.1B, C and D set forth in Attachment J, Contractor may submit
its Invoice for each amount as follows: Item 1.1B (in its January 2007 Invoice), Item 1.1C (in its February 2007 Invoice) and Item 1.1D (in its March 2007 Invoice); 
 3. subtract Retainage; 
 4. subtract the aggregate of previous progress payments made by Owner; and 
 5. subtract
amounts, if any, for which Owner has the right to withhold under this Agreement. 
 C. Interim Lien and Claim
Waivers. Each Invoice received by Owner prior to Final Completion of the Project shall be accompanied by (i) a fully executed Interim Lien and Claim Waiver from Contractor in the form of Schedule I-1 for all Work performed
through the date for which payment is requested, (ii) if requested, fully executed Interim Lien and Claim Waivers from Major Subcontractors in the form set forth in Schedule I-2 for all Work performed through the date of the last payment
and conditional on payment of the invoice being submitted. 
 D. Review and Approval. Each Invoice shall be
reviewed by Engineer and Owner and, upon Engineer’s or Owner’s reasonable and prompt request, Contractor shall furnish such additional supporting documentation and certificates and provide such further information as may be reasonably
requested. Unless disputed by Owner, each Invoice (less the Retainage and any withholdings allowed under this Agreement) shall be due and payable fifteen (15) Days after such Invoice, and all documentation required under this Agreement, is
received by Owner. If an Invoice is disputed by Owner, then payment shall be made for all undisputed amounts and the Dispute shall be resolved pursuant to Article 17. Payment on disputed amounts shall be made as soon as such dispute is resolved.

 7.3 Final Completion and Final Payment. Upon Final Completion of the Project, Contractor shall, in addition to any other
requirements in this Agreement for achieving Final Completion, including those requirements set forth in Section 1.1 for the definition of Final Completion, submit to Owner a fully executed final Invoice in the form attached hereto as
Attachment G, along with (i) a statement summarizing and reconciling all previous Invoices, payments and Change Orders, (ii) an affidavit that all payrolls, Taxes, liens, charges, claims, demands, judgments, security interests,
bills for Equipment, and any other indebtedness connected with the Work have been paid, (iii) fully executed Final Lien and Claim Waiver from Contractor in the form of Schedule I-3, (iv) fully executed Final Lien and Claim Waivers
from Major Subcontractors in the form set forth in Schedule I-4. No later than fifteen (15) Days after receipt by Owner of such final Invoice and all requested documentation and achieving Final Completion, Owner shall, subject to its
rights to withhold payment under this Agreement, pay Contractor the balance of the Contract Price, including all Retainage. 
 7.4
Payments Not Acceptance of Work. Owner may, upon prior written notice to Contractor, offset any amount due and payable from Contractor to Owner under this Agreement against any amount due and payable to Contractor hereunder. No payment made
hereunder by Owner shall be considered as approval or acceptance of any Work by Owner or a waiver of any claim or right Owner may have hereunder. All payments shall be subject to correction or adjustment in subsequent payments. 
 7.5 Payments Withheld. In addition to Retainage and disputed amounts set forth in an Invoice, Owner may, in addition to any other rights under
this Agreement, at law or in equity, withhold payment on an Invoice or a portion thereof, in an amount and to such extent as may be reasonably necessary to protect Owner from loss due to (i) Defective Work not remedied in accordance with this
Agreement; (ii) any material breach of Contractor of any term or provision of this Agreement; (iii) the assessment of any fines or penalties against Owner as a result of Contractor’s failure to comply with Applicable Law;
(iv) amounts paid by Owner to Contractor in a preceding month incorrectly; (iv) failure of Contractor to make payments to Subcontractors as required under their respective Subcontracts; or (v) any other reason for which Owner is
entitled to withhold payment under this Agreement. 
 7.6 Release of Retainage. Within fifteen (15) Days after Final Completion
and Owner’s receipt of an Invoice therefore, Owner shall, subject to its right to withhold under this Agreement, release to Contractor all Retainage with the final payment made pursuant to Section 7.3. 
  

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 ARTICLE 8 
 TITLE AND RISK OF LOSS 
 8.1 Title. Title to all or any portion of the Work shall pass to
Owner upon the earlier of (i) payment by Owner therefor, or (ii) incorporation of such Work into the Project. Transfer of title to Work shall be without prejudice to Owner’s right to reject Defective Work, or any other right in the
Agreement. Contractor warrants and guarantees that legal title to and ownership of the Work and the Project shall be free and clear of any and all liens, claims, security interests or other encumbrances when title thereto passes to Owner.
Notwithstanding the above, title does not pass to Owner for any Construction Equipment including without limitation, modifications to such equipment. 
 8.2 Risk of Loss. Notwithstanding passage of title as provided in Section 8.1 of this Agreement, Contractor shall bear the risk of loss and damage to the Work until Substantial Completion of the Work. In
addition, upon Contractor’s receipt of Owner-Provided Equipment, Contractor shall bear the risk of loss and damage for such Owner-Provided Equipment until Substantial Completion of the Work, including maintenance and care for Owner-Provided
Equipment in accordance with the manufacturer’s and Owner’s recommendations and procedures. Notwithstanding the foregoing, should Owner choose not to require the insurance required by Section F.1.6 of Attachment F or should Owner
increase the required deductible, Contractor shall only be responsible for loss or damage to the Work that would have otherwise been covered by such insurance up to Fifty Thousand U.S. Dollars (U.S.$50,000) per occurrence, provided, however,
this Section 8.2 shall not in any way be deemed to limit Contractor’s liability or obligations with respect to Defective Work or Contractor’s Corrective Work obligations. 
 ARTICLE 9 
 INSURANCE AND PAYMENT AND PERFORMANCE BONDS 
 9.1 Insurance. During the term of this Agreement (or for such longer period required in Attachment F), Contractor, at its sole cost and
expense, shall procure and maintain, and shall require its Subcontractors to procure and maintain, insurance coverage with the minimum coverages, levels, limits and conditions set forth in Attachment F. Contractor’s liability under this
Agreement, or otherwise at law, shall not be limited by the amount or type of insurance required under this Agreement. 
 9.2 Payment and
Performance Bonds. Prior to Owner’s issuance of NTP, Contractor shall obtain payment and performance bonds each in the amount of the Estimated Contract Price. The payment and performance bonds shall be provided to Owner prior to the
commencement of any Work, shall be in the forms attached as Schedule H-1 and Schedule H-2 respectively, and shall be from a surety acceptable to Owner and licensed to transact business in the State of Louisiana. The premium for these
bonds shall be paid by Contractor and the cost is included in the Estimated Contract Price. Commencement of Work by Contractor without having provided performance and payment bonds as set forth herein shall not be considered a waiver or release by
Owner of the requirement for bonds, and Contractor shall have proceeded with the Work at its own risk and shall not be entitled to payment hereunder until such bonds are delivered to Owner. The payment of any incremental increase in the cost of
bonds arising as a result of mutually agreed upon Change Order as provided in Section 6.1B or 6.2C shall be Contractor’s responsibility and shall be included as a part of Contractor’s information provided to Owner in Contractor’s
written notice provided in accordance with Section 6.1A. Owner shall provide at least ten (10) Days written notice to the surety prior to any request to perform or otherwise pay damages or liabilities arising under such bonds, provided
that Owner’s delay in providing such notice shall not in any way relieve the surety of its obligations, damages or liabilities under such bonds. 
 ARTICLE 10 
 DOCUMENTATION 
 10.1 Patents and Royalties. Contractor shall pay all royalties and license fees which may be due with respect to the Work. Contractor shall defend
all suits or claims for infringement of any patent rights that may be brought against any Owner Indemnified Parties arising out of the Work, and shall be liable to Owner for all resulting loss, including all attorneys’ fees, costs and expenses,
except to the extent such suits or claims for infringement of any patent rights or rights to intellectual property relate to Equipment required by Owner in the Contract Documents or Owner-Provided Equipment. 
 10.2 Owner Provided Documents. All written materials, plans, drafts, Drawings, Specifications, computer files or other documents (if any) prepared
or furnished by Owner or any of Owner’s other consultants or contractors shall at all times remain the property of Owner, and Contractor shall not make use of any such documents or other media for any other project or for any purpose other than
as necessary for use in completion of the Work. All such documents and other 

  

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media, including all copies thereof, shall be returned to Owner upon the earlier of Substantial Completion of the Project and termination of this Agreement,
except that Contractor may, subject to its confidentiality obligations as set forth in Article 18, retain one record set of such documents or other media. 
 ARTICLE 11 
 MECHANICAL COMPLETION, SUBSTANTIAL COMPLETION, AND FINAL COMPLETION 
 11.1 Notice and Requirements for Mechanical Completion. Contractor shall comply with all requirements for Mechanical Completion herein, including
as set forth in the definition of the term Mechanical Completion under Section Article 1. Upon achieving all requirements under this Agreement for Mechanical Completion, Contractor shall certify to Owner that all of the requirements under this
Agreement for Mechanical Completion have occurred and provide to Owner all supporting documentation as may be required to establish that the requirements for Mechanical Completion have been met. Owner shall notify Contractor whether it accepts or
rejects the Work as being Mechanically Complete within seven (7) Days following Owner’s receipt of Contractor’s certification in accordance with this Section. All Work shall continue during pendency of Owner’s review. If Owner
does not agree that Mechanical Completion has occurred, then Owner shall state the basis for its rejection in reasonable detail in a written notice provided to Contractor. The Parties shall thereupon promptly and in good faith confer and make all
reasonable efforts to resolve such issue. In the event such issue is not resolved within ten (10) Business Days of the delivery by Owner of its notice, Owner and Contractor shall resolve the dispute in accordance with the dispute resolution
procedures provided for under Article 17 herein. Owner’s acceptance shall not relieve Contractor of any of its obligations to perform the Work in accordance with the requirements of this Agreement. For the avoidance of doubt, achievement of
Mechanical Completion hereunder shall be independent of any of Owner’s other projects. 
 11.2 Notice and Requirements for
Substantial Completion. Contractor shall comply with all requirements for Substantial Completion herein, including as set forth in the definition of the term Substantial Completion under Section Article 1. Upon achieving all requirements under
this Agreement for Substantial Completion, Contractor shall certify to Owner that all of the requirements under this Agreement for Substantial Completion have occurred and provide to Owner all supporting documentation as may be required to establish
that the requirements for Substantial Completion have been met. Owner shall notify Contractor whether it accepts or rejects the Work as being Substantially Complete within fifteen (15) Days following Owner’s receipt of Contractor’s
certification in accordance with this Section. All Work shall continue during pendency of Owner’s review. If Owner does not agree that Substantial Completion has occurred, then Owner shall state the basis for its rejection in reasonable detail
in a written notice provided to Contractor. The Parties shall thereupon promptly and in good faith confer and make all reasonable efforts to resolve such issue. In the event such issue is not resolved within ten (10) Business Days of the
delivery by Owner of its notice, Owner and Contractor shall resolve the dispute in accordance with the dispute resolution procedures provided for under Article 17 herein. Owner’s acceptance shall not relieve Contractor of any of its obligations
to perform the Work in accordance with the requirements of this Agreement. 
 11.3 Punchlist. Prior to Substantial Completion, Owner
and Contractor shall inspect the Work, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner
for its review and written approval, together with an estimate of the time necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items identified by Owner during its review, and Contractor
shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected to achieve
Substantial Completion. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist, as modified by any Owner additions, such
Punchlist shall govern Contractor’s performance of the Punchlist items; provided, however, Contractor shall add to the Punchlist any items of a Punchlist nature that are discovered by Owner or Contractor prior to Final Completion
of the Project, and further provided that the failure to include any items on the Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the terms and provisions of this Agreement. All Work on the
Punchlist shall be completed by the Required Final Completion Date, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event
Owner elects to complete such Punchlist Work, Contractor shall immediately pay Owner (directly or by offset at Owner’s discretion), all costs and expenses incurred in performing such Punchlist Work. Upon Contractor’s request, Owner shall
provide documentation identifying the costs and expenses to complete such Punchlist Work. 
  

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 11.4 Notice and Requirements for Final Completion. Final Completion of the Project shall be
achieved when all requirements for Final Completion under this Agreement, including those set forth in the definition of Final Completion under Section Article 1, have been satisfied. Upon Final Completion, Contractor shall certify to Owner that all
of the requirements under this Agreement for Final Completion have occurred. Owner shall notify Contractor whether it accepts or rejects the Work as being Finally Complete within fifteen (15) Days following Owner’s receipt of
Contractor’s certification required by this Section. If Owner does not agree that Final Completion has occurred, then Owner shall state the basis for its rejection in reasonable detail in a written notice provided to Contractor. The Parties
shall thereupon promptly and in good faith confer and make all reasonable efforts to resolve such issue. In the event such issue is not resolved within ten (10) Business Days of the delivery by Owner of its notice, Owner and Contractor shall
resolve the dispute in accordance with the dispute resolution procedures provided for under Article 17; provided, however, if such deficiencies relate to the failure to complete Punchlist items, Owner may, in addition to any other rights that
it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor in accordance with Section 11.3. 
 11.5 Partial Occupancy and Use. Owner shall have the right to occupy and use the Work at any time prior to Substantial Completion, provided that Contractor’s insurance company or companies providing
property insurance and builder’s risk coverage have consented to such partial occupancy or use. Contractor shall take reasonable steps in obtaining consent of the insurance company or companies. 
 11.6 Long-Term Obligations. No acceptance by Owner of any or all of the Work or any other obligations of Contractor under this Agreement,
including acceptance of Substantial Completion or Final Completion of the Project, nor any payment made hereunder, whether an interim or final payment, shall in any way release Contractor or any surety of Contractor from any obligations or liability
pursuant to this Agreement. Nothing in this Article 11 shall in any way modify or alter Contractor’s obligations under Article 12 and Article 13. 
 ARTICLE 12 
 WARRANTY AND CORRECTION OF WORK 
 12.1 Warranty. 
 A.
General. Any Work, or component thereof, that is not in conformity with any warranties set forth in this Article 12 (referred to individually as “Warranty” or collectively as
“Warranties”) is defective (“Defective”) and contains a defect (“Defect”). 
 B. Warranty of Work. Contractor hereby warrants that during the performance of the Work and for two (2) years from Substantial Completion the Work and each component thereof, shall be:
(i) performed in a diligent, efficient, trustworthy and workmanlike manner, according to the industry standards and practices in the field; (ii) new, complete, fit for the purposes intended, of suitable grade for the intended function and
use and free from faults and defects; (iii) in accordance with all of the requirements of this Agreement, including in accordance with Applicable Law; and (iv) free from encumbrances to title, as set forth in greater detail in
Section 8.1. The Parties expressly agree that the foregoing two (2) year period shall be in lieu of any preemptive period imposed by Applicable Law. 
 C. Assignment and Enforcement of Subcontractor Warranties. Contractor shall, without additional cost to Owner, obtain
warranties from Subcontractors that meet or exceed the requirements of this Agreement; provided, however, Contractor shall not in any way be relieved of its responsibilities and liability to Owner under this Agreement, regardless of
whether such Subcontractor warranties meet the requirements of this Agreement, as Contractor shall be fully responsible and liable to Owner for its Warranty and Corrective Work obligations and liability under this Agreement for all Work. All such
warranties shall be deemed to run to the benefit of Owner and Contractor. All such warranties, with duly executed instruments assigning the warranties to Owner, shall be delivered to Owner upon Substantial Completion (other than those Warranties
related to Punchlist items, which will be delivered prior to Final Completion). All warranties provided by any Subcontractor shall be in such form as to permit direct enforcement by Contractor or Owner against any Subcontractor whose warranty is
called for, and Contractor agrees that: (i) Contractor’s Warranty, as provided under this Article 12 shall apply to all Work regardless of the provisions of any Subcontractor warranty, and such Subcontractor warranties shall be in addition
to, and not a limitation of, such Contractor Warranty; and (ii) service of notice on Contractor that there has been a breach of a Subcontractor warranty shall be sufficient to 

  

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invoke the terms of the instrument. This Section 12.1C shall not in any way be construed to limit Contractor’s liability under this Agreement for
the entire Work or its obligation to enforce Subcontractor warranties. 
 12.2 Correction of Work Prior to Substantial Completion.

 A. General Rights. All Work shall be subject to inspection by Owner or any of its representatives at all
times to determine whether the Work conforms to the requirements of this Agreement. Contractor shall furnish Owner or any of its representatives with access to all locations where Work is in progress, including locations not on the Site. If, in the
judgment of Owner, any Work is Defective prior to Substantial Completion, then Contractor shall, at its own expense, promptly correct such Defective Work, whether by repair, replacement or otherwise. Subject to Contractor’s right to pursue a
Dispute under Article 17, the decision of Owner shall be conclusive as to whether the Work is conforming or Defective, and Contractor shall comply with the instructions of Owner in all such matters while pursuing any such Dispute. If it is later
determined that the Work was not Defective, then Owner shall reimburse Contractor for all costs incurred in connection with such repair or replacement and a Change Order shall be issued for such amount and shall address any impact the repair or
replacement may have had on the Project Schedule. If Contractor fails, after a reasonable period of time not to exceed one (1) week, to repair or replace any Defective Work, or to commence to repair or replace any Defective Work and thereafter
continue to proceed diligently to complete the same, then Owner may repair or replace such Defective Work and the expense thereof shall be paid by Contractor. 
 B. No Obligation to Inspect. Owner’s right to conduct inspections under Sections 12.2A shall not obligate Owner to do
so. Neither the exercise of Owner of any such right, nor any failure on the part of Owner to discover or reject Defective Work shall be construed to imply an acceptance of such Defective Work or a waiver of such Defect. 
 C. Cost Uncovering and Disassembling Work. Prior to Substantial Completion, Owner may request that Contractor uncover
previously covered Work to permit Owner and its representatives to inspect such Work. In the event such uncovered Work is found to be Defective, then Contractor shall correct such Defective Work and shall bear the cost of such uncovering and
recovering the Defective Work, as well as the cost of repair or replacement of such Defective Work. The cost of disassembling, dismantling or making safe finished Work for the purpose of inspection, and reassembling such portions (and any delay
associated therewith) shall be borne by Owner if such Work is found to conform with the requirements of this Agreement and by Contractor if such Work is found to be Defective. 
 12.3 Correction of Work After Substantial Completion. If, during the Defect Correction Period, any Work is found to be Defective, Contractor
shall, at its sole cost and expense, immediately and on an expedited basis correct such Defective Work and any other portions of the Project damaged or affected by such Defective Work, whether by repair, replacement or otherwise
(“Corrective Work”) and shall be liable for and pay to Owner any and all costs, losses, damages and expenses incurred by Owner or any Owner Affiliate arising out of or relating to such Defective Work. Owner shall provide
Contractor with access to the Project reasonably sufficient to perform its Corrective Work, so long as such access does not materially interfere with construction or operation of any portion of the Project and subject to any reasonable security or
safety requirements of Owner. 
 A. Owner Right to Correct or Complete Defective Work. If Contractor fails to
commence the Corrective Work within a reasonable period of time not to exceed five (5) Days, or does not complete such Corrective Work on an expedited basis, then Owner, by written notice to Contractor, may (in addition to any other remedies
that it has under this Agreement, at law or in equity) correct such Defective Work, and Contractor shall be liable to Owner for all costs, losses, damages and expenses incurred by Owner in connection with correcting such Defective Work and arising
out of or relating to such Defective Work and shall pay Owner (directly or by offset at Owner’s sole discretion), an amount equal to such costs, losses, damages and expenses; provided, however, if such Defective Work materially affects
the construction, operation or use of any of the Project or presents an imminent threat to the safety or health of any Person and Owner knows of such Defective Work, Owner may (in addition to any other remedies that it has under this Agreement, at
law or in equity) correct such Defective Work without giving prior written notice to Contractor, and, in that event, Contractor shall be liable to Owner for all costs, losses, damages and expenses incurred by Owner in connection with correcting such
Defective Work and arising out of or relating to such Defective Work and shall pay Owner (directly or by offset at Owner’s sole discretion), an amount equal to such costs, losses, damages and expenses. 
  

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 B. Extended Defect Correction Period for Corrective Work. With respect to
any Corrective Work performed, the Defect Correction Period for such Corrective Work shall be extended for an additional one (1) year from the date of the completion of such Corrective Work; provided, however, in no event shall
the Defect Correction Period for such Corrective Work be less than the original Defect Correction Period. 
 C. No
Limitation. Nothing contained in this Section 12.3 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the Defect Correction
Period relates only to the specific obligation of Contractor to perform Corrective Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to perform Corrective Work. 
 12.4 Assignability of Warranties. The Warranties made in this Agreement by Contractor shall be for the benefit of Owner and its successors and assigns and the respective successors and assigns of any of them
and are fully transferable and assignable. Contractor shall use commercially reasonable efforts to require that all any warranties provided by any Subcontractors comply with the requirements in this Section. 
 ARTICLE 13 
 TIMELY COMPLETION

 13.1 Timely Completion. Contractor specifically acknowledges that time is of the essence in the performance of all of
Contractor’s obligations under this Agreement, and the Contractor acknowledges that the Owner will incur substantial monetary and other damages in the event Contractor does not achieve Mechanical Completion by the Required Mechanical Completion
Date, Substantial Completion by the Required Substantial Completion Date or Final Completion by the Required Final Completion Date, as may be extended by Change Order, provided that Contractor’s maximum liability for such delay shall not
exceed Five Hundred Thousand Dollars ($500,000) provided further that, such cap shall not (i) be construed to limit Contractor’s obligation to complete the Work for the Estimated Contract Price, as may be amended by Change Order,
and (ii) apply in the event of Contractor’s willful misconduct or abandonment of the Work. 
 ARTICLE 14 
 CONTRACTOR REPRESENTATIONS 
 Contractor represents and
warrants that: 
 14.1 Corporate Standing. It is a corporation duly organized, validly existing and in good standing under the laws of
Louisiana, is authorized and qualified to do business in all jurisdictions in which the nature of the business conducted by it makes such qualification necessary. 
 14.2 No Violation of Law. It is not in violation of any Applicable Law or judgment entered by any Governmental Instrumentality, which violations, individually or in the aggregate, would affect its performance
of any obligations under this Agreement. There are no legal or arbitration proceedings or any proceeding by or before any Governmental Instrumentality, now pending or (to the best knowledge of Contractor) threatened against Contractor. 

14.3 Licenses. It is the holder of all Permits required to permit it to operate or conduct its business now and as contemplated by this
Agreement. 
 14.4 No Breach. Neither the execution and delivery of this Agreement, nor the consummation of the transactions herein
contemplated or compliance with the terms and provisions hereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of Contractor, or any Applicable Law, or any order, writ, injunction or decree of any
court, or any agreement to which Contractor is a party or by which it is bound. 
 14.5 Financial Solvency. It is financially solvent,
able to pay all debts as they mature and possesses sufficient working capital to complete the Work and perform its obligations hereunder. 
 14.6 No Conflicts of Interest. Contractor shall not, and shall ensure that each of its Subcontractors, Sub-subcontractors and the agents and employees of each of them shall not (a) pay any commissions or fees, or grant any
rebates, to any employee or officer of Owner or its Affiliates, (b) favor employees or officers of same with gifts or 

  

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entertainment of a significant cost or value, or (c) enter into any business arrangements with employees or officers of same. With respect to the supply
and performance of goods and services under this Agreement, Contractor shall, and shall cause each of its Subcontractors, Sub-subcontractors and the agents and employees of each of them to comply with (i) all applicable provisions of the
Foreign Corrupt Practices Act of the United States (15 U.S.C. § 78dd-1 and 2), and (ii) the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions as implemented in the domestic law of any state to which Contractor and its Subcontractors, Sub-subcontractors and the agents and employees of each of them is subject and not to take any action that could result in Owner or any of its
Affiliates becoming subject to any action, penalty or loss of benefits thereunder. 
 ARTICLE 15 
 DEFAULT, TERMINATION AND SUSPENSION 
 15.1 Default by Contractor. 
 A. Owner Rights Upon Contractor Default. If Contractor shall at
any time (i) fail to prosecute the Work in a diligent, efficient, workmanlike, skillful and safe manner; (ii) fail to commence the Work in accordance with the provisions of this Agreement; (iii) abandon the Project;
(iv) repudiate any of its material obligations under the Agreement; (v) fail to use an adequate amount or quality of personnel or Construction Equipment to perform and complete the Project without delay; (vi) be in Default pursuant to
Sections 3.6, 6.1C or 19.6; (vii) fail to maintain insurance required under this Agreement; (viii) make changes to Key Personnel in violation of the provisions in Section 2.2; (ix) fail to discharge liens filed by any
Subcontractor as required under this Agreement; (x) cause, by any action or omission, any material stoppage or delay of or interference with the work of Owner or its other contractors or subcontractors; (xi) be guilty of willful
misconduct; (xii) fail to make payment to Subcontractors for labor or Equipment owed in accordance with the respective Subcontracts; (xiii) disregard Applicable Law; (xiv) materially fail to comply with any provision of this
Agreement; or (xv) become insolvent, have a receiver appointed, make a general assignment or filing for the benefit of its creditors or file for bankruptcy protection, in which such case of insolvency, receivership or assignment the cure
provisions found below shall not apply, (each of the foregoing being a “Default”) then (following Owner’s written notice to Contractor specifying the general nature of the Default, unless in the event of any of the items
(i) through (xv) above, Contractor cures such condition within seven (7) Days) Owner, at its sole option and, without prejudice to any other rights that it has under this Agreement, at law or in equity and, without further notice to
Contractor, may (a) take such steps as are necessary to overcome the Default condition, in which case Contractor shall be liable to Owner for any and all costs, damages, losses and expenses (including all attorneys’ fees and litigation
expenses) incurred by Owner in connection therewith, or (b) terminate for Default Contractor’s performance of all or any part of the Work. 
 B. Additional Rights of Owner Upon Default Termination. In the event that Owner terminates this Agreement for Default in accordance with Section 15.1A, then Owner may, at its sole option,
(i) enter onto the Site and, for the purpose of completing the Work, take possession of all Construction Equipment, Equipment, Owner-Provided Equipment, documents, information, Books and Records and other items thereon owned or rented by
Contractor, (ii) take assignment of any or all of the Subcontracts, and/or (iii) either itself or through others complete the Work. If the unpaid balance of the Contract Price shall exceed all damages, costs, losses and expenses incurred
by Owner (including all attorneys’ fees, consultant fees and litigation expenses, costs to complete the Work, and any and all damages for failure of performance and cost of financing), then such excess shall be paid by Owner to Contractor, but
such amount shall not be paid until after Final Completion of the Project has been achieved. If such amount incurred by Owner shall exceed the unpaid balance of the Contract Price, then, at Owner’s sole option, Contractor shall pay Owner the
difference on demand. Contractor’s liability under this Section 15.1B is in addition to any other liability provided for under this Agreement and Owner shall have the right and authority to set off against and deduct from any such excess
due Contractor by Owner any other liability of Contractor to Owner under this Agreement. Owner agrees to act reasonably to mitigate any costs it might incur in connection with any termination for Default. In the event of a termination for Default,
the Parties agree that Owner shall be entitled to any and all damages, losses, costs and expenses incurred by Owner arising out of or resulting from such Default, including any and all damages for delay. 
 C. Obligations Upon Default Termination. Upon termination for Default, Contractor shall (i) immediately discontinue
Work on the date and to the extent specified in the notice, (ii) place no further orders for Subcontracts, Equipment, or any other items or services except as may be necessary for completion of such 

  

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portion of the Work as is not discontinued, (iii) inventory, maintain and turn over to Owner all Construction Equipment, furnished by Contractor or any
other equipment or other items provided by Owner for performance of the terminated Work, (iv) promptly make every reasonable effort to procure assignment or cancellation upon terms satisfactory to Owner of all Subcontracts and rental agreements
to the extent they relate to the performance of the Work that is discontinued; (v) cooperate with Owner in the transfer of Drawings, Specifications, Permits, licenses and any other items or information and disposition of Work in progress so as
to mitigate damages; (vi) comply with other reasonable requests from Owner regarding the terminated Work; (vii) thereafter execute only that portion of the Work not terminated (if any) and that portion of the Work as may be necessary to
preserve and protect Work already in progress and to protect Equipment and Owner-Provided Equipment at the Site or in transit thereto, and to comply with any Applicable Law; and (viii) perform all other obligations under Section 15.1B.

 15.2 Termination for Convenience by Owner. 
 A. Owner Rights to Terminate for Convenience. Owner shall have the right to terminate for convenience Contractor’s
performance of all or any part of the Work by providing Contractor with a written notice of termination, to be effective upon receipt by Contractor. Upon termination for convenience, Contractor shall (i) immediately discontinue the Work on the
date and to the extent specified in such notice, (ii) place no further orders for Subcontracts, Equipment, or any other items or services except as may be necessary for completion of such portion of the Work as is not discontinued,
(iii) promptly make every reasonable effort to procure cancellation upon terms satisfactory to Owner of all Subcontracts and rental agreements to the extent they relate to the performance of the Work that is discontinued unless Owner elects to
take assignment of any such Subcontracts, (iv) assist Owner in the maintenance, protection, and disposition of Work in progress, (v) cooperate with Owner for the efficient transition of the Work, (vi) cooperate with Owner in the
transfer of Permits, licenses and any other items or information and disposition of Work in progress and (vii) thereafter execute only that portion of the Work not terminated (if any) and that portion of the Work as may be necessary to preserve
and protect Work already in progress and to protect Equipment and Owner-Provided Equipment at the Site or in transit thereto, and to comply with any Applicable Law, and Owner may, at its sole option, take assignment of any or all of the
Subcontracts. 
 B. Obligations of Owner upon Convenience Termination. Upon a convenience termination by Owner
in accordance with Section 15.2, Contractor shall be paid (i) the reasonable value of the Work performed (the basis of payment being based on the terms of this Agreement, less any down payments, if any, made under this Agreement) prior to
termination, less that portion of the Contract Price previously paid to Contractor, plus (ii) subject to Section 5.1 and Section 6.7A.1, the applicable cancellation fee determined as follows: (a) if termination occurs between the
Effective Date and February 1, 2007, two percent (2%) of the Estimated Contract Price, (b) if termination occurs between February 2, 2007, and March 1, 2007, three percent (3%) of the Estimated Contract Price,
(c) if termination occurs between March 2, 2007, and April 1, 2007, four percent (4%) of the Estimated Contract Price, and (d) if termination occurs after April 1, 2007, five percent (5%) of the Estimated Contract
Price. Contractor shall submit all reasonable direct close-out costs to Owner for verification and audit within sixty (60) Days following the effective date of termination. 
 15.3 Suspension of Work. Owner may, for any reason, at any time and from time to time, by written unilateral or mutual Change Order, suspend the
carrying out the Work or any part thereof, for a period up to thirty (30) days, whereupon Contractor shall suspend the carrying out of such suspended Work for such time or times and in such manner as Owner may require and shall take reasonable
steps to minimize any costs associated with such suspension. During any such suspension, Contractor shall properly protect and secure such suspended Work in such manner as Owner may reasonably require. Unless otherwise instructed by Owner,
Contractor shall during any such suspension maintain its staff and labor on or near the Site and otherwise be ready to proceed expeditiously with the Work upon receipt of Owner’s further instructions. Except where such suspension ordered by
Owner is the result of or due to the fault or negligence of Contractor or any Subcontractor or Sub-subcontractor, Contractor shall be entitled to the reasonable costs (including actual, but not unabsorbed, overhead, contingency, risk and reasonable
profit) of such suspension, including demobilization and remobilization costs, if necessary, along with appropriate supporting documentation to evidence such costs, and a time extension to the Required Mechanical Completion Date, Required
Substantial Completion Date, and Required Final Completion Date if and to the extent permitted under Section 6.8. Upon receipt of notice to resume suspended Work, Contractor shall promptly resume performance of the Work to the extent required
in the notice. In no event shall Contractor be entitled to any additional profits or damages due to such suspension. 
  

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 15.4 Suspension by Contractor. Notwithstanding anything to the contrary in this Agreement,
Contractor shall have the responsibility at all times to prosecute the Work diligently and shall not suspend, stop or cease performance hereunder or permit the prosecution of the Work to be delayed; provided, however, subject to
Owner’s right to withhold or offset payment to Contractor under this Agreement, if Owner fails to pay undisputed amounts due and owing to Contractor and Owner has failed to cure such failure within thirty (30) Days following
Contractor’s written notice to Owner to cure such failure, Contractor may suspend performance of the Work until Contractor receives such undisputed amounts. 
 15.5 Termination by Contractor. Contractor may terminate this Agreement if, continuing at the time of such termination, Contractor has stopped the performance of all Work under this Agreement pursuant to
Section 15.4 for thirty (30) Days, and after the expiration of such thirty (30) Day period, Contractor gives Owner written notice specifying the nature of the default and its intent to terminate the Agreement, and Owner fails to cure
such default within ten (10) Days after receipt of Contractor’s notice. In the event of any such termination under this Section 15.5, Contractor shall have the rights (and Owner shall make the payments) provided for in
Section 15.2B in the event of an Owner termination for convenience. 
 ARTICLE 16 
 INDEMNITIES 
 16.1 General
Indemnification. Notwithstanding any other provision to the contrary, Owner and Contractor agree as follows: 
 A.
INJURIES TO CONTRACTOR INDEMNIFIED PARTIES AND DAMAGE TO CONTRACTOR INDEMNIFIED
PARTIES’ PROPERTY: CONTRACTOR HEREBY RELEASES, AND AGREES TO DEFEND,
INDEMNIFY, AND HOLD THE OWNER INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST,
ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, LIABILITIES, LOSSES,
DAMAGES AND EXPENSES (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES)
(COLLECTIVELY, “CLAIMS”) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING
FROM (1) INJURY TO OR DEATH OF ANY OF THE CONTRACTOR INDEMNIFIED
PARTIES’, PERSONNEL OR THE EMPLOYEES, AGENTS, DIRECTORS OR OFFICERS OF ANY
SUBCONTRACTOR OR SUB-SUBCONTRACTOR, OR (2) DAMAGE TO OR DESTRUCTION OF ANY
CONTRACTOR INDEMNIFIED PARTIES’ PROPERTY OR THE PROPERTY OF ANY SUBCONTRACTOR
OR SUB-SUBCONTRACTOR, WHETHER OR NOT SUCH CLAIMS ARE DUE TO AN
ACT, OMISSION, NEGLIGENCE (WHETHER CONTRIBUTORY, JOINT, OR SOLE), FAULT OR STRICT
LIABILITY OF THE OWNER INDEMNIFIED PARTIES, BUT EXCLUDING ONLY THOSE CLAIMS
DUE TO THE WILLFUL MISCONDUCT OF THE OWNER INDEMNIFIED PARTIES. 
 B. CONTRACTOR’S THIRD PARTY
INDEMNIFICATION: CONTRACTOR HEREBY RELEASES, AND AGREES TO DEFEND, INDEMNIFY,
AND HOLD OWNER INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST, ANY AND
ALL CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING FROM
DAMAGE TO OR DESTRUCTION OF PROPERTY OR PERSONAL INJURY TO OR DEATH
OF ANY THIRD PARTY (OTHER THAN A MEMBER OF THE OWNER INDEMNIFIED
PARTIES) TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE BREACH
OF THIS AGREEMENT BY CONTRACTOR OR THE NEGLIGENCE, GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, IN THE PERFORMANCE OF THE WORK, OF ANY CONTRACTOR
INDEMNIFIED PARTY OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR OR ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY THEM OR ANYONE FOR WHOSE ACTS THEY WOULD
BE LIABLE UNDER APPLICABLE LAW. 
 C.
OWNER’S THIRD PARTY INDEMNIFICATION: OWNER HEREBY RELEASES AND AGREES
TO HEREBY INDEMNIFY AND HOLD THE CONTRACTOR INDEMNIFIED PARTIES HARMLESS FROM
AND AGAINST ALL CLAIMS BROUGHT BY ANY THIRD PARTY USER OF THE
SITE (OTHER THAN A MEMBER OF THE CONTRACTOR INDEMNIFIED PARTIES OR
ANY OF ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS) RELATING TO TURBIDITY OF
WATER OR A NEGATIVE IMPACT TO FISH AND SHELLFISH HARVESTING OR YIELDS
AT THE SITE CAUSED BY THE PERFORMANCE OF THE WORK IN ACCORDANCE
WITH THE CONTRACT DOCUMENTS, EXCEPT TO THE EXTENT ARISING OUT OF OR
RESULTING FROM THE BREACH OF THIS AGREEMENT BY CONTRACTOR OR THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY CONTRACTOR INDEMNIFIED PARTY OR
ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED
BY THEM OR ANYONE FOR WHOSE ACTS THEY WOULD BE LIABLE UNDER
APPLICABLE LAW. 
 D. INJURIES TO OWNER
INDEMNIFIED PARTIES’ PERSONNEL AND DAMAGE TO OWNER INDEMNIFIED PARTIES’
PROPERTY: OWNER HEREBY RELEASES, AND AGREES TO DEFEND, INDEMNIFY, AND
HOLD THE CONTRACTOR INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST, ANY AND
ALL CLAIMS DIRECTLY OR 

  

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INDIRECTLY ARISING OUT OF OR RESULTING FROM
(1) INJURY TO OR DEATH OF THE OWNER INDEMNIFIED PARTIES’ PERSONNEL, OR
(2) DAMAGE TO OR DESTRUCTION OF THE OWNER INDEMNIFIED PARTIES’ PROPERTY
(EXCLUDING THE WORK OR THE PROJECT), WHETHER OR NOT SUCH CLAIMS ARE
DUE TO AN ACT, OMISSION, NEGLIGENCE (WHETHER CONTRIBUTORY, JOINT, OR SOLE),
FAULT OR STRICT LIABILITY OF CONTRACTOR, BUT EXCLUDING ONLY THOSE CLAIMS
DUE TO THE WILLFUL MISCONDUCT OF THE CONTRACTOR. 
 E. HAZARDOUS MATERIALS INDEMNIFICATION: CONTRACTOR
HEREBY RELEASES, AND AGREES TO DEFEND, INDEMNIFY AND HOLD OWNER INDEMNIFIED
PARTIES HARMLESS FROM ANY AND ALL CLAIMS, FINES, PENALTIES OR REMEDIATION
OBLIGATIONS ARISING OUT OF OR RESULTING FROM ACTUAL OR ALLEGED POLLUTION
OR CONTAMINATION OF THE LAND, WATER OR AIR ARISING FROM SPILLS,
RELEASES, DISCHARGES OR OTHERWISE OF HAZARDOUS MATERIALS, INCLUDING FUELS, LUBRICANTS,
MOTOR OILS, PIPE DOPE, PAINTS, SOLVENTS, AND GARBAGE, USED, HANDLED OR
DISPOSED OF BY CONTRACTOR OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR DURING
THE PERFORMANCE OF THE WORK. OWNER SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND CONTRACTOR INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, FINES, PENALTIES
OR REMEDIATION OBLIGATIONS ARISING OUT OF OR RESULTING FROM ANY
PRE-EXISTING HAZARDOUS MATERIALS AT THE SITE, BUT EXCLUDING ANY CLAIMS
RESULTING FROM CONTRACTOR’S OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR’S
FAILURE TO STOP WORK IN AN AREA OF THE SITE CONTAINING
PRE-EXISTING HAZARDOUS MATERIALS IN ACCORDANCE WITH SECTION 3.10 AFTER CONTRACTOR
OR SUCH SUBCONTRACTOR OR SUB-SUBCONTRACTOR KNOWS OR SUSPECTS SUCH AREA
CONTAINS HAZARDOUS MATERIALS. 
 F. COMPLIANCE
WITH APPLICABLE LAW INDEMNIFICATION: CONTRACTOR HEREBY RELEASES, AND AGREES TO
DEFEND, INDEMNIFY AND HOLD OWNER INDEMNIFIED PARTIES HARMLESS FROM ANY AND
ALL CLAIMS, FINES, PENALTIES OR REMEDIATION OBLIGATIONS DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RESULTING FROM CONTRACTOR’S OR ANY
SUBCONTRACTOR’S OR SUB-SUBCONTRACTOR’S ACTUAL OR ALLEGED FAILURE TO
COMPLY WITH APPLICABLE LAW, OR ANY JUDICIAL ARBITRAL OR REGULATORY INTERPRETATION
THEREOF. 
 16.2 LIEN INDEMNIFICATION. WITHOUT
IN ANY WAY LIMITING THE FOREGOING, CONTRACTOR HEREBY RELEASES, AND AGREES
TO DEFEND, INDEMNIFY AND HOLD OWNER INDEMNIFIED PARTIES HARMLESS FROM, AND
SHALL KEEP THE WORK, THE SITE AND THE PROJECT FREE AND CLEAR
OF, ANY AND ALL LIENS AND ENCUMBRANCES ASSERTED BY AN ENTITY ACTING
THROUGH CONTRACTOR, ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR OR ANY OTHER PERSON
OR ENTITY ACTING THROUGH OR UNDER ANY OF THEM. IF CONTRACTOR FAILS
TO DISCHARGE SUCH LIEN OR ENCUMBRANCE WITHIN FIFTEEN (15) DAYS OF THE
FILING OF SUCH LIEN OR ENCUMBRANCE, OWNER, IF IT SO ELECTS, MAY
DISCHARGE ANY SUCH LIENS OR ENCUMBRANCES, AND CONTRACTOR SHALL BE LIABLE
TO OWNER FOR ALL CLAIMS INCURRED BY OWNER INDEMNIFIED PARTIES ARISING
OUT OF OR RELATING TO SUCH DISCHARGE. THEREAFTER, OWNER MAY INVOICE
CONTRACTOR FOR SUCH AMOUNT OWED (WHICH INVOICE SHALL BE PAID BY
CONTRACTOR WITHIN THIRTY (30) DAYS AFTER RECEIPT THEREOF) OR DEDUCT THE AMOUNT
SO PAID BY OWNER FROM SUMS DUE OR WHICH THEREAFTER BECOME DUE
TO CONTRACTOR HEREUNDER. NOTWITHSTANDING THE ABOVE, LIENS OR ENCUMBRANCES ALLOWED BY
APPLICABLE LAW WHICH ARE FILED BY CONTRACTOR FOR NONPAYMENT UNDER THIS
AGREEMENT ARE EXCLUDED FROM THIS INDEMNIFICATION OBLIGATION. 
 16.3 ATTORNEYS’ FEES. EACH PARTY AGREES TO REIMBURSE THE
PREVAILING PARTY FOR ANY AND ALL NECESSARY EXPENSES, ATTORNEY’S FEES,
AND RELATED COSTS INCURRED IN THE ENFORCEMENT OF ANY PART OF THE
AGREEMENTS PROVIDED FOR HEREIN OR AVAILABLE AT LAW OR EQUITY. 
 16.4 Enforceability. 
 A. CONCURRENT NEGLIGENCE: EXCEPT AS OTHERWISE SET FORTH IN SECTIONS 16.1A
AND 16.1D, THE INDEMNITY, DEFENSE AND HOLD HARMLESS OBLIGATIONS FOR PERSONAL INJURY
OR DEATH OR PROPERTY DAMAGE UNDER THIS AGREEMENT SHALL APPLY REGARDLESS
OF WHETHER THE INDEMNIFIED PARTY WAS CONCURRENTLY NEGLIGENT (WHETHER ACTIVELY OR
PASSIVELY), IT BEING AGREED BY THE PARTIES THAT IN THIS EVENT, THE
PARTIES’ RESPECTIVE LIABILITY OR RESPONSIBILITY FOR SUCH DAMAGES, LOSSES, COSTS
AND EXPENSES UNDER THIS ARTICLE 16 SHALL BE DETERMINED IN ACCORDANCE WITH
PRINCIPLES OF COMPARATIVE NEGLIGENCE. 
 B. Louisiana Oilfield
Anti-Indemnity Act: Contractor and Owner agree that the Louisiana Oilfield Anti-Indemnity Act, LA. REV. STAT. § 9:2780, ET. SEQ., is inapplicable to this
Agreement and the performance of the Work. Application of these code sections to this Agreement would be contrary to the intent of the Parties, 

  

 28 







 
and each Party hereby irrevocably waives any contention that these code sections are applicable to this Agreement or the Work. In addition, it is the intent
of the Parties in the event that the aforementioned act were to apply that each Party shall provide insurance to cover the losses contemplated by such code sections and assumed by each such Party under the indemnification provisions of this
Agreement, and Contractor agrees that the payments made to Contractor hereunder compensate Contractor for the cost of premiums for the insurance provided by it under this Agreement. The Parties agree that each Party’s agreement to support their
indemnification obligations by insurance shall in no respect impair their indemnification obligations. 
 C. Statutory
Employees for Purposes of Louisiana Worker’s Compensation Act. In all cases where Contractor’s employees (defined to include the direct, borrowed, special, or statutory employees of Subcontractor and Sub-subcontractors) are performing
Work in or offshore the state of Louisiana or are otherwise covered by the Louisiana Workers’ Compensation Act, La. R.S. 23:1021, et seq., Owner and Contractor agree that the Work performed by Contractor, Subcontractors, Sub-subcontractors, and
Contractor’s, Subcontractors’, and Sub-subcontractors’ employees pursuant to this Agreement are an integral part of and are essential to the ability of Owner to generate Owner’s goods, products, and work for the purpose of La.
R.S. 23:1061(a)(1). Furthermore, Owner and Contractor agree that Owner is the statutory employer of Contractor’s, Subcontractors’, and Sub-subcontractors’ employees for purposes of La. R.S. 23:1061(a)(3), and that Owner shall be
entitled to the protections afforded a statutory employer under Louisiana law. Regardless of Owner’s status as the statutory or special employer (as defined in La. R.S. 23:1031(c)) of the employees of Owner, Subcontractors, or
Sub-subcontractors, and regardless of any other relationship or alleged relationship between such employees and Owner, Contractor shall be and remain at all times primarily responsible for the payment of all workers’ compensation and medical
benefits to Contractor’s, Subcontractors’ and Sub-subcontractors’ employees, and neither Contractor, nor its Subcontractors and Sub-subcontractors, nor their respective insurers or underwriters shall be entitled to seek contribution
or indemnity for any such payments from Owner or any other member of the Owner Indemnified Parties. Notwithstanding the foregoing, under no circumstances shall this Section 16.4C be interpreted to relieve Contractor from its full responsibility
and liability to Owner under this Agreement for the employees of Contractor or its Subcontractors and Sub-subcontractors (whether or not such employees are a statutory, special or borrowed employee, or otherwise), including Contractor’s
obligations to defend, indemnify and hold harmless Owner Indemnified Parties from and against injury or death to such employees or damage to or destruction of property of such employees, as provided in this Agreement. 
 D. Conflict with Applicable Law: In the event that any indemnity provisions in this Agreement are contrary to the law governing
this Agreement, then the indemnity obligations applicable hereunder shall be applied to the maximum extent allowed by Applicable Law. 
 ARTICLE 17 
 DISPUTE RESOLUTION 
 17.1 Negotiation. In the event that any claim, dispute or controversy arising out of or relating to this Agreement (including the breach, termination or invalidity thereof, and whether arising out of tort or
contract) (“Dispute”) cannot be resolved informally within thirty (30) days after the Dispute arises, either Party may give written notice of the Dispute (“Dispute Notice”) to the other Party
requesting that a representative of Owner’s senior management and Contractor’s senior management meet in an attempt to resolve the Dispute. Each such management representative shall have full authority to resolve the Dispute and shall meet
at a mutually agreeable time and place within fourteen (14) days after receipt by the non-notifying Party of such Dispute Notice, and thereafter as often as they deem reasonably necessary to exchange relevant information and to attempt to
resolve the Dispute. In no event shall this Section 17.1 be construed to limit either Party’s right to take any action under this Agreement, including Owner’s termination rights. The Parties agree that if any Dispute is not resolved
within thirty (30) days after receipt of the Dispute Notice given in this Section 17.1, then either Party may by notice to the other Party refer the Dispute to be decided by final and binding arbitration in accordance with
Section 17.2. 
 17.2 Arbitration. Any arbitration held under this Agreement shall be held in Houston, Texas, unless otherwise
agreed by the Parties, shall be administered by the Dallas, Texas office of the American Arbitration Association (“AAA”) and shall, except as otherwise modified by this Section 17.2, be governed by the AAA’s
Construction Industry Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Construction Disputes) (the “AAA Rules”). The number of arbitrators required for the arbitration hearing shall be
determined in accordance with the AAA Rules. The arbitrator(s) shall determine the rights and obligations of the Parties according to the substantive law of the state of Texas, excluding its conflict of law principles, as would a court for the state
of Texas; provided, however, the law 

  

 29 







 
applicable to the validity of the arbitration clause, the conduct of the arbitration, including resort to a court for provisional remedies, the enforcement
of any award and any other question of arbitration law or procedure shall be the Federal Arbitration Act, 9 U.S.C.A. § 2. Issues concerning the arbitrability of a matter in dispute shall be decided by a court with proper jurisdiction. The
Parties shall be entitled to engage in reasonable discovery, including the right to production of relevant and material documents by the opposing Party and the right to take depositions reasonably limited in number, time and place, provided that in
no event shall any Party be entitled to refuse to produce relevant and non-privileged documents or copies thereof requested by the other Party within the time limit set and to the extent required by order of the arbitrator(s). All disputes regarding
discovery shall be promptly resolved by the arbitrator(s). This agreement to arbitrate is binding upon the Parties, Contractor’s surety (if any) and the successors and permitted assigns of any of them. At Owner or Contractor’s option, any
other person may be joined as an additional party to any arbitration conducted under this Section 17.2, provided that the party to be joined is or may be liable to either Party in connection with all or any part of any Dispute between the
Parties. The arbitration award shall be final and binding, in writing, signed by all arbitrators, and shall state the reasons upon which the award thereof is based. The Parties agree that judgment on the arbitration award may be entered by any court
having jurisdiction thereof. 
 17.3 Continued Performance. Notwithstanding any Dispute, and contingent on Owner continuing to make
payment as due, it shall be the responsibility of Contractor to continue to prosecute all of the Work diligently and in a good and workmanlike manner in conformity with this Agreement. Except to the extent provided in Section 15.5, Contractor
shall have no right to cease performance hereunder or to permit the prosecution of the Work to be delayed. Owner shall, subject to its right to withhold or offset amounts pursuant to this Agreement, continue to pay Contractor undisputed amounts in
accordance with this Agreement; provided, however, in no event shall the occurrence of any negotiation or arbitration prevent or restrict Owner or Contractor from exercising its rights under this Agreement, at law or in equity, including Owner or
Contractor’s rights to terminate. 
 ARTICLE 18 
 CONFIDENTIALITY 
 18.1 Contractor’s Obligations. Contractor hereby covenants and warrants
that Contractor and its employees and agents shall not (without in each instance obtaining Owner’s prior written consent) disclose, make commercial or other use of, or give or sell to any Person any of the following information: (i) the
Drawings and Specifications other than to Subcontractors or Sub-subcontractors as necessary to perform the Work, or (ii) any other information relating to the business, products, services, research or development, clients or customers of Owner
or any Owner Affiliate, or relating to similar information of a third party who has entrusted such information to Owner or any Owner Affiliate (hereinafter individually or collectively, “Owner’s Confidential
Information”). Prior to disclosing any information in (i) of this Section 18.1 to any Subcontractor or Sub-subcontractor as necessary to perform the Work, Contractor shall bind such Subcontractor or Sub-subcontractor to the
confidentiality obligations contained in this Section 18.1 and to the term in Section 18.4. 
 18.2 Exceptions.
Notwithstanding Section 18.1, Owner’s Confidential Information shall not include: (i) information which at the time of disclosure or acquisition is in the public domain, or which after disclosure or acquisition becomes part of the
public domain without violation of Article 18; (ii) information which at the time of disclosure or acquisition was already in the possession of the Contractor or its employees or agents and was not previously acquired from the Owner or any of
its employees or agents; (iii) information which the Contractor can show was acquired by Contractor after the time of disclosure or acquisition hereunder from a third party without any confidentiality commitment, if, to the best of
Contractor’s or its employees’ or agent’s knowledge, such third party did not acquire it from Owner or any of its employees or agents; (iv) information independently developed by Contractor without benefit of Owner’s
Confidential Information; and (v) information which is required by Applicable Law or other agencies in connection with the Project, to be disclosed; provided, however, that prior to such disclosure, Contractor gives reasonable
notice to Owner of the information required to be disclosed so that Owner may attempt to seek an appropriate protective order or other remedy. 
 18.3 Equitable Relief. Contractor acknowledges that in the event of a breach of any of the terms contained in this Article 18, Owner would suffer irreparable harm for which remedies at law, including damages, would be inadequate, and
that Owner shall be entitled to seek equitable relief therefor by injunction, in addition to any and all rights and remedies available to it at law and in equity, without the requirement of posting a bond. 
 18.4 Term. The confidentiality obligations of this Article 18 shall survive the expiration or termination of this Agreement for a period of five
(5) years following the expiration or earlier termination of this Agreement. 
  

 30 







 18.5 Disclosure and Filings. Contractor acknowledges that Owner may be required from time to time
to make filings in compliance with Applicable Law, including filing a copy of this Agreement with the U.S. Securities and Exchange Commission. 
 ARTICLE 19 
 MISCELLANEOUS PROVISIONS 
 19.1 Entire Agreement. This Agreement, including the Attachments and Schedules attached to and incorporated into this Agreement, contains the entire understanding of the Parties with respect to the subject
matter hereof and incorporates any and all prior agreements and commitments with respect thereto. Upon the execution of this Agreement, the letter of intent executed by the Parties and effective December 4, 2006 (“Letter of
Intent”), terminates and is superseded hereby and fully merged herein. Any payments made by Owner under the Letter of Intent and any Work performed by Contractor in furtherance of the Project under the Letter of Intent shall be deemed
to have been made or performed, as applicable, pursuant to this Agreement and shall be governed by and subject to the terms of this Agreement. There are no other oral understandings, terms or conditions, and neither Party has relied upon any
representation, express or implied, not contained in this Agreement. General or special conditions included in any of Contractor’s price lists, invoices, tickets, receipts or other such documents presented to Owner shall have no applicability
to Owner with respect to this Agreement. All Attachments and Schedules shall be incorporated into this Agreement by such reference. 
 19.2
Amendments. Other than unilateral Change Orders issued by Owner to Contractor pursuant to Section 6.1C or Section 6.2D, no change, amendment or modification of this Agreement shall be valid or binding upon the Parties hereto unless
such change, amendment or modification is in writing and duly executed by both Parties. 
 19.3 Interpretation. Preparation of this
Agreement has been a joint effort of the Parties and the resulting document shall not be construed more severely against one of the Parties than against the other. The headings and captions contained in this Agreement are for convenience and
reference only and in no way define, describe, extend or limit the scope of intent of this Agreement or the intent of any provision contained herein. 
 19.4 Notice. Any notice, demand, offer, or other written instrument required or permitted to be given pursuant to this Agreement shall be in writing signed by the Party giving such notice and shall be hand
delivered or sent by overnight courier, messenger, facsimile or certified mail, return receipt requested, to the other Party at the address set forth below. 
  

	 	A.	If delivered to Owner: 

 Cheniere
Creole Trail Pipeline, L.P. 
 717 Texas Avenue, Suite 3100 
 Houston, Texas 77002 
 Facsimile: 713-659-5459 
 Attn: Al Bartz 
  

	 	B.	If delivered to Contractor: 

 Sunland Construction, Inc. 
 2532 Aymond Street 
 Eunice, Louisiana 70535 
 Facsimile: 337-546-0245 
 Attn: Mark O’Roke 
 Each Party shall have the right to change the place to which notice shall be sent or delivered by sending a similar notice to the other Party in like manner. Notices,
demands, offers or other written instruments shall be deemed to have been duly given on the date actually received by the intended recipient. 
 19.5 Severability. The invalidity of one or more phrases, sentences, clauses, Sections or Articles contained in this Agreement shall not affect the validity of the remaining portions of this Agreement so long as the material purposes
of this Agreement can be determined and effectuated. 
 19.6 Assignment. This Agreement may be assigned to other Persons only upon the
prior written consent of the non-assigning Party hereto, except Owner may assign this Agreement, in whole or part, to any of its Affiliates or 

  

 31 







 
co-venturers, to any Person jointly controlled by Owner and any co-venturers, or to any lender providing temporary or permanent debt financing to Owner for
the Project. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. Any assignment not in accordance with this Section 19.6 shall be void and without force or
effect. This Agreement shall be binding upon the Parties hereto, their successors and permitted assigns. 
 19.7 No Waiver. Any
failure of either Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time during the term of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and
shall not be deemed a waiver of the right of such Party thereafter to enforce any and each such provisions. 
 19.8 Governing Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Louisiana (without giving effect to the principles thereof relating to conflicts of law). The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this Agreement. 
 19.9 No Publicity. Contractor shall not reveal any information
concerning details of this Agreement to the press or a news-disseminating agency or use the details of this Agreement within any advertising, promotional material, publicity or other printed material without Owner’s prior written approval in
each instance. 
 19.10 Counterparts. This Agreement may be signed in any number of counterparts and each counterpart shall represent
a fully executed original as if signed by each of the Parties. Facsimile signatures shall be deemed as effective as original signatures. 
 19.11 Owner Parent Guaranty. Owner shall cause Cheniere Energy, Inc. to guarantee Owner’s obligations under this Agreement to the extent set forth in Attachment N. 
 19.12 Survival. Article 9, Article 10, Article 12, Article 14, Article 15, Article 16, Article 17 and Article 18, Sections 3.4, 3.8, 3.10, 8.1,
11.5, 19.8 and this Section 19.11 shall survive termination or expiration of this Agreement, in addition to any other provisions which by their nature should, or by their express terms do, survive or extend beyond the termination or expiration
of this Agreement. 
 [SIGNATURES ON FOLLOWING PAGE] 
  

 32 







 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives
as of the Effective Date. 
  

			
	Owner:
	
	Cheniere Creole Trail Pipeline, L.P.
		
	By:	 	/s/ R. Keith Teague
	Name:	 	R. Keith Teague
	Title:	 	President


  

			
	Contractor:
	
	Sunland Construction, Inc.
		
	By:	 	/s/ Mark W. O’Roke
	Name:	 	Mark W. O’Roke
	Title:	 	President


  

 33 







 ATTACHMENT A 
 CONTRACT DOCUMENTS 
 1. Agreement 
 2. Attachment M (Contractor Assumptions and Clarifications) 
 2. Attachment K (Project Scope of Work) 

 3. All Other Attachments and Schedules to Agreement  
 4. Drawings. Approved For Construction Drawings will be issued following Agreement execution, reflecting any updates or revisions to the Bid Drawings itemized below. The Estimated Contract Price is based upon the Drawings itemized
below, which reflect installation of 123,481 linear feet of 42” OD API 5LX-70 pipe, comprised of 13,090 linear feet of 0.720” wt and 110,391 linear feet of 0.600” wt pipe. 
  

									
	 Drawing No.
	  	 Drawing Name
	  	Original
Date	  	Current
Revision	  	Current
Date
	D-02-01ML-Vicinity	  	Segment 2 – Vicinity Map	  		  		  	
	D-02-01ML-001	  	Segment 2 – Single Line Alignment 1	  	11/06	  	F5	  	12/06
	D-02-01ML-002	  	Segment 2 – Single Line Alignment 2	  	11/06	  	F5	  	12/06
	D-02-01ML-003	  	Segment 2 – Single Line Alignment 3	  	11/06	  	F5	  	12/06
	D-02-01ML-004	  	Segment 2 – Single Line Alignment 4	  	11/06	  	F5	  	12/06
	D-02-01ML-005	  	Segment 2 – Single Line Alignment 5	  	11/06	  	F5	  	12/06
	D-02-01ML-006A	  	Segment 2 – Single Line Alignment 6	  	11/06	  	F5	  	12/06
	D-02-01ML-007A	  	Segment 2 – Single Line Alignment 7	  	11/06	  	F5	  	12/06
	D-02-01ML-008	  	Segment 2 – Single Line Alignment 8	  	11/06	  	F5	  	12/06
	D-02-01ML-009A	  	Segment 2 – Single Line Alignment 9	  	11/06	  	F5	  	12/06
	D-02-01ML-0010A	  	Segment 2 – Single Line Alignment 10	  	11/06	  	F5	  	12/06
	D-02-01ML-0011	  	Segment 2 – Single Line Alignment 11	  	11/06	  	F5	  	12/06
	D-02-01ML-0012	  	Segment 2 – Single Line Alignment 12	  	11/06	  	F5	  	12/06
	D-02-01ML-001HDD	  	Segment 2 – Calcasieu River Ship Channel HDD	  	11/06	  	F5	  	12/06
	D-02-01ML-001AHDD	  	Segment 2 – Entrance into Lake Calcasieu HDD	  	11/06	  	F6	  	12/06
	D-02-01ML-002HDD	  	Segment 2 – Calcasieu Channel and ICWW HDD	  	11/06	  	F5	  	12/06
	Figure TC-001	  	Segment 2 – Turbidity Curtain Plan View	  	12/06	  	A	  	12/06
	Figure TC-002	  	Segment 2 – Turbidity Curtain Elevation View	  	12/06	  	A	  	12/06
	Figure TC-003	  	Segment 2 – Turbidity Curtain Lake Location	  	12/06	  	A	  	12/06

  

 A-1 








									
	 Drawing No.
	  	 Drawing Name
	  	Original
Date	  	Current
Revision	  	Current
Date
	Figure TC-004	  	Segment 2 – Turbidity Curtain Lake Location	  	12/06	  	A	  	12/06
	06029-101	  	Typical Pipeline Crossing Over Existing Pipeline	  		  	Rev. A	  	09/05/06
	06029-102	  	Typical Pipeline Crossing Under Existing Pipeline	  		  	Rev. A	  	09/05/06
	06029-103	  	Typical Breakover Tie-In	  		  	Rev. A	  	09/01/06
	Figure-01	  	Typical Wetland Construction Corridor	  	12/2006	  		  	
	Figure-02	  	Typical Upland Construction Corridor	  	12/2006	  		  	
	Figure-03	  	Typical Agriculture Construction Corridor	  	12/2006	  		  	
	Figure-04	  	Typical Paralleling Existing Pipeline	  	12/2006	  		  	
	Figure-05	  	300’ Lake Construction Corridor	  	12/2006	  		  	
	Figure-06	  	Typical Stream Crossing	  	12/2006	  		  	
	Figure-07	  	Standard and Conventional Wetland Construction
(Method I & II)	  	12/2006	  		  	
	Figure-08	  	Typical Hay/Straw Bale Installation	  	12/2006	  		  	
	Figure-09	  	Silt Fence Installation	  	12/2006	  		  	
	Figure-10	  	Typical Trench Breakers	  	12/2006	  		  	
	Figure-11	  	Typical Energy Dissipator	  	12/2006	  		  	
	Figure-12	  	Typical Erosion Control Fabric	  	12/2006	  		  	
	Figure-13	  	Typical Workspace Layout Directional Drill Method	  	12/2006	  		  	
	Figure-14	  	Permanent Water Bars or Terraces	  	12/2006	  		  	
	Figure-15	  	Typical Mat Bridge Equipment Crossing	  	12/2006	  		  	
	Figure-16	  	Typical Rock & Flume Equipment Crossing	  	12/2006	  		  	
	Figure-17	  	Typical Timber Mat & Rock/Culvert Bridge
Equipment Crossing	  	12/2006	  		  	
	Figure-18	  	Typical Portable Bridge Equipment Crossing	  	12/2006	  		  	
	Figure-19	  	Wet Waterbody Crossing (Method 1)	  	12/2006	  		  	
	Figure-20	  	Dry Waterbody Crossing (Method 2A-Flumed)	  	12/2006	  		  	
	Figure-21	  	Dry Waterbody Crossing (Method 2B, Pump Around)	  	12/2006	  		  	
	Figure-22	  	Dry Waterbody Crossing (Method 2C-Coffer Dam)	  	12/2006	  		  	
	Figure-23	  	Typical Wetland Crossing Procedure PUSH/PULL	  	12/2006	  		  	
	Figure-24	  	Typical Marsh Saturated Construction MP 11.0 to MP 18.1	  	12/2006	  		  	

  

 A-2 








									
	 Drawing No.
	  	 Drawing Name
	  	Original
Date	  	Current
Revision	  	Current
Date
	Figure-25	  	300’ Lake Access Corridor	  	12/2006	  		  	
	Figure-26	  	120’ Lake Construction Corridor	  	12/2006	  		  	

 5. Specifications 
  

			
	 Specification Section No.
	  	 Specification Section Name

		  	Pipeline Installation and Testing Specifications
		  	Horizontal Direction Drill Specification

  

 A-3 







 ATTACHMENT B 
 KEY PERSONNEL 
 

 
  

 B-1 







 ATTACHMENT C 
 FORM OF NOTICE TO PROCEED 
  

			
		
	Date: 	 	  


 Via Facsimile
[                    ] and Overnight Courier 
 [Contractor] 

			
	Attention: 	 	  
	  
	  

  

	Re:	Notice to Proceed 

 Pursuant to Section 5.1 of the Construction
Agreement for the construction of the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option, dated as of the 5th day of January, 2007 (the “Agreement”), by and between Cheniere Creole Trail Pipeline, L.P.
(“Owner”) and Sunland Construction, Inc. (“Contractor”), this letter shall serve as the Notice to Proceed from Owner to Contractor authorizing Contractor to proceed with the Work pursuant to the terms and conditions of the
Agreement. 
  

			
	 For and on behalf of
 CHENIERE CREOLE
TRAIL PIPELINE, L.P.

		
	By:	 	  
	Name:	 	  
	Title:	 	  


 By its signature hereto, the undersigned hereby acknowledges and accepts this Notice to Proceed. 

 

			
	 For and on behalf of
 SUNLAND
CONSTRUCTION, INC.

		
	By:	 	  
	Name:	 	  
	Title:	 	  

  

 C-1 







 ATTACHMENT D 
 FORM OF CHANGE ORDER 
  

 D-1 







 SCHEDULE D-1 
 CHANGE ORDER FORM 
 (for use when the Parties mutually agree upon and execute the Change Order pursuant
to Section 6.1B or 6.2C) 
  

			
	 PROJECT NAME: Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option
  
 OWNER: Cheniere Creole Trail Pipeline, L.P.
  
 CONTRACTOR: Sunland Construction, Inc.
  
 DATE OF AGREEMENT: January 5, 2007
	 	 CHANGE ORDER NUMBER: ________________
  
 DATE OF CHANGE ORDER: ________________


 The Agreement between the Parties listed above is changed as follows: (attach additional documentation
if necessary)  
  
 Adjustment to Estimated Contract Price 

 

				
	 The original Estimated Contract Price was
	  	$	____________
	 Net change by previously authorized Change Orders
(#            )
	  	$	____________
	 The Estimated Contract Price prior to this Change Order was
	  	$	____________
	 The Estimated Contract Price will be (increased) (decreased) (unchanged) by this Change Order in the amount of
	  	$	____________
	 The new Estimated Contract Price including this Change Order will be
	  	$	____________

 Adjustment to dates in Project Schedule 
 The following dates are modified (list all dates modified; insert N/A if no dates modified): 
 The Required Mechanical
Completion Date will be (increased) (decreased) (unchanged) by              (__) Days. 
 The Required Mechanical Completion Date as of the date of this Change Order therefore is             , 20__. 
 (attach additional documentation if necessary) 
 The Required Substantial Completion Date will be (increased)
(decreased) (unchanged) by              (__) Days. 
 The Required Substantial Completion
Date as of the date of this Change Order therefore is             , 20__. 
 (attach
additional documentation if necessary) 
 The Required Final Completion Date will be (increased) (decreased) (unchanged) by
             (__) Days. 
 The Required Final Completion Date as of the date of this Change
Order therefore is             , 20__. 
 (attach additional documentation if necessary)

 Adjustment to other Changed Criteria (insert N/A if no changes or impact; attach additional documentation if necessary)  
 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. 
  

					
			
	   	 		 	   
	Owner	 		 	Contractor
			
	   	 		 	   
	Name	 		 	Name
			
	   	 		 	   
	Title	 		 	Title
			
	   	 		 	   
	Date of Signing	 		 	Date of Signing

  

 D-2 







 SCHEDULE D-2 
 UNILATERAL CHANGE ORDER FORM 
 (for use when only Owner executes the Change Order pursuant to
Section 6.1C or 6.2D) 
  

			
	 PROJECT NAME: Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option
  
 OWNER: Cheniere Creole Trail Pipeline, L.P.
  
 CONTRACTOR: Sunland Construction, Inc.
  
 DATE OF AGREEMENT: January 5, 2007
	 	 CHANGE ORDER NUMBER: ________________
  
 DATE OF CHANGE ORDER: ________________


 You are hereby directed to make the following change(s) in this Agreement: (attach additional
documentation if necessary) 
  
 Compensation for the changes specified in
this Change Order are on a time and materials basis as provided in Sections 6.1C and 6.2D of the Agreement. 
 When signed by Owner and received by
Contractor, this document becomes effective IMMEDIATELY as a unilateral Change Order, and Contractor shall commence with the performance of the change(s) described above within three (3) Business Days of its receipt unless another time is
expressly stated above. This Change Order is signed by Owner’s duly authorized representative. 
  

	
	
	   
	Owner
	
	   
	Name
	
	   
	Title
	
	   
	Date of Signing

  

 D-3 







 SCHEDULE D-3 
 PRICING FOR CHANGE ORDERS 
  

	1.	Extra Work Crew Rates 

  

								
	 Item
	  	 Type of Work
	  	 Unit
	  	Fixed Unit Price
	 1.0
	  	HDD SPREAD – Rates based on twenty-four (24) hours per Day seven (7) Days per week
	 1.1
	  	 HDD SPREAD - WORKING
	  	PER HOUR	  	$	7,549.00
	 1.2
	  	 HDD SPREAD - STANDBY IN FIELD
	  	PER HOUR	  	$	7,322.00
	 1.3
	  	 HDD SPREAD - STANDBY AT DOCK
	  	PER HOUR	  	$	6,480.00
	 1.4
	  	 HDD SPREAD - STANDBY OFF-SITE
	  	PER HOUR	  	$	5,638.00
	 2.0
	  	DREDGE & BACKFILL SPREAD – Rates based on twenty-four (24) hours per Day seven (7) Days per week
	 2.1
	  	 DREDGE & BACKFILL - WORKING
	  	PER HOUR	  	$	1,527.00
	 2.2
	  	 DREDGE & BACKFILL - STANDBY IN FIELD
	  	PER HOUR	  	$	1,427.00
	 2.3
	  	 DREDGE & BACKFILL - STANDBY AT DOCK
	  	PER HOUR	  	$	1,427.00
	 2.4
	  	 DREDGE & BACKFILL - STANDBY OFF-SITE
	  	PER HOUR	  	$	1,427.00
	 3.0
	  	LAY BARGE AND PIPEHAUL SPREAD – Rates based on twelve (12) hours per Day for six (6) Days per week
	 3.1
	  	 LAY BARGE - WORKING
	  	PER HOUR	  	$	10,372.00
	 3.2
	  	 LAY BARGE - STANDBY IN FIELD
	  	PER HOUR	  	$	9,857.00
	 3.3
	  	 LAY BARGE - STANDBY AT DOCK
	  	PER HOUR	  	$	9,350.00
	 3.4
	  	 LAY BARGE - STANDBY OFF-SITE
	  	PER HOUR	  	$	8,843.00
	 4.0
	  	HYDROSTATIC TEST SPREAD – Rates based on twenty-four (24) hours per Day seven (7) Days per week
	 4.1
	  	 HYDROTEST SPREAD - WORKING
	  	PER HOUR	  	$	4,042.00
	 4.2
	  	 HYDROTEST SPREAD - STANDBY IN FIELD
	  	PER HOUR	  	$	3,941.00
	 4.3
	  	 HYDROTEST SPREAD - STANDBY AT DOCK
	  	PER HOUR	  	$	3,941.00
	 4.4
	  	 HYDROTEST SPREAD - STANDBY OFF-SITE
	  	PER HOUR	  	$	3,941.00
	 5.0
	  	ADDITIONAL PIPELINE TIE-INS. All work necessary to perform welded tie-ins at locations not identified in the Agreement
	 5.1
	  	 ADDITIONAL TIE-IN WELD
	  	LUMP SUM	  	$	288,000.00
	 6.0
	  	ADDITIONAL PIPELINE CROSSINGS. All work necessary to perform below pipeline crossings in Lake Calcasieu at locations not identified in the Agreement, including those
identified in the Drawings at STA 870+15, STA 935+57 and STA 965+37.
	 6.1
	  	 ADDITIONAL PIPELINE CROSSING
	  	LUMP SUM	  	$	39,000.00
	 7.0
	  	EAST HACKBERRY FIELD. All work associated with cut, cap, removal and/or re-installation of existing flowlines in the East Hackberry Field will be performed on a T&M
basis in accordance with the Labor and Equipment Rates in Schedule D-3.2 below.

  

	2.	Extra Work Labor and Equipment Rates 

 The
applicable rates are set forth in the attached Labor and Equipment Rate Schedule, prepared by Sunland Construction, Inc., for Cheniere Creole Trail Pipeline, L. P., dated January 2007. All third party labor and equipment rental rates billed to Owner
shall be reasonable based on the location and type of services. 
  

 D-4 







 

 
 LABOR AND EQUIPMENT 
 RATE SCHEDULE 
 Pipeline & Station Construction, 
 Maintenance, Roustabout, Directional 
 Drilling, DHB & Insulation Services 
 Land, Marsh, and Inland Waters 
 Cheniere Creole Trail Pipeline, L.P. 
 January 2007 






 SUNLAND CONSTRUCTION, INC. 
 TABLE OF CONTENTS 
  

			
	 GENERAL CONDITIONS
	  	3
		
	 LABOR PROVISIONS
	  	4
		
	 LABOR RATE SCHEDULE
	  	5
		
	 EQUIPMENT PROVISIONS
	  	6
		
	 MARINE EQUIPMENT RATE SCHEDULE
	  	7
		
	 Pipe Laying Barges
	  	7
		
	 Jet Barges (Pipe Burying Barges) *
	  	7
		
	 Pipeline Lift and Repair Barge *
	  	7
		
	 Spud Barges with Draglines
	  	8
		
	 Spud Barges and Deck Barges
	  	8
		
	 Boats
	  	8
		
	 Portable Caissons for Submerged Pipelines
	  	8
		
	 Amphibious Equipment *
	  	8
		
	 LAND EQUIPMENT & SUPPORT EQUIPMENT RATE SCHEDULE
	  	9
		
	 Dozers *
	  	9
		
	 Excavators
	  	9
		
	 Cranes/Draglines
	  	9
		
	 Pipelayers
	  	9
		
	 Other Equipment
	  	10
		
	 Testing Equipment
	  	10
		
	 Air Compressors/Generators
	  	10
		
	 Trucks, Vehicles and Trailers
	  	10
		
	 Pumps
	  	11
		
	 Welding Equipment
	  	11
		
	 Environmental/ROW Equipment
	  	12
		
	 Miscellaneous Equipment & Tools
	  	12
		
	 DHB Miscellaneous Equipment
	  	14
		
	 DHB End Seals
	  	14

  


			
	Revision January 2007	  	Page 2 of 14








 SUNLAND CONSTRUCTION, INC. 
 GENERAL CONDITIONS 
 Material 
 All material purchased at the Customer’s request will be billed at Contractor’s cost plus 20%. 
 Subcontracts

 For all subcontract work the Customer will be billed at subcontract cost plus 20%. 
 Permits 
 The Customer will provide all permits required for construction. 
 Extra Work Time Sheets 
 Extra work time sheets shall be prepared
daily and signed by a representative of both the Contractor and the Customer. These reports will reflect all labor, equipment, material, and third party items used. 
 Named Tropical Storm – Marine Jobs 
 Standby for all weather downtime associated with a named tropical storm or
hurricane will be charged according to the rates contained herein for any work over water. 
 Safety 
 If job size or job requires us to employ a full-time project safety coordinator, charges will be based on the rates and provisions contained herein. If we elect to
utilize a third party, the Customer will be billed at Contractor’s cost plus 20%. 
 Tax Statement 
 These rates do not include any sales, gross receipts, privilege, or contractor’s tax levied by various states. These taxes, where applicable, will be in
addition to the rates stated above. 
  


			
	Revision January 2007	  	Page 3 of 14








 SUNLAND CONSTRUCTION, INC. 
 LABOR PROVISIONS 
  

	1.	Labor rates are inclusive of wages and applicable payroll burdens such as taxes, contributions or assessments for unemployment insurance and workmen’s compensation, insurance,
overhead and profit. 

  

	2.	All quoted rates are per hour or any part thereof. 

  

	3.	Overtime rate shall be applicable to all hours in excess of sixty- (60) hours per week with the work commencing on Monday at 12:01 a.m. 

  

	4.	Overtime rates shall be charged for all categories of labor on Sundays and Holidays (New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Friday after
Thanksgiving Day, Christmas Day, and Christmas Eve, except when Christmas falls on a Sunday, then the day after Christmas will be observed as a Holiday. 

  

	5.	A minimum charge for all labor assigned shall be eight (8) hours per day. 

  

	6.	Contractor shall be reimbursed in accordance with the quoted hourly rates for travel time paid its employees to travel to/from a Sunland’s Division office location or a
designated assembly point (to be agreed upon between contractor and client), to/from the job site. Such allowed travel time shall be considered as work time and shall be included in the total hours billed for labor and equipment.


  

	7.	When work is performed outside the 50-mile radius of Sunland’s divisional offices a subsistence of $100.00 per day will be charged for each employee. If the Scope of Work
requires Contractor to bring in additional personnel from outside the 50-mile radius of the division offices to work within the 50-mile radius, and Contractor is required to pay subsistence pay for the additional personnel, Company shall be charged
the applicable per diem charge above. 

  

	8.	Third party services and/or materials provided shall be charged at cost plus twenty (20) percent plus applicable vendor sales or use tax. Cost shall be defined as Vendor
invoice less applicable sales taxes. 

  

	9.	At Customer’s expense, designated employees will be assigned vehicles by the Contractor. The vehicles will be invoiced at the same number of hours as are invoiced for their
assigned employees. If vehicles are used only for transportation to/from the job site or dock within a 50 mile radius only a 8 hour minimum charge will apply. 

  

	10.	Sales taxes, if applicable, shall be charged in addition to the above stated rates. 

 LABOR PROVISIONS-MARINE ONLY 
  

	1.	Marine rates and provisions apply to any work over Water, Inland or Continental Shelf. For marine work, these provisions are additive to those provisions contained in the general
labor section. 

  

	2.	Overtime rate shall be applicable to all hours in excess of sixty- (60) hours per week with the work commencing on Monday at 12:01 a.m. 

  

	3.	Customer will pay room and board if personnel do not return to the yard each day. Living quarters are available on some spud barges. In addition to the standard equipment listed,
these barges will have a generator, fresh water tank, and sewage treatment equipment as specified by state law. “Zero” discharge is available; price will be furnished for this additional service when required. 

  

			
	 Room and Board
	  	$100.00 per day per man
	 Meals Only
	  	$30.00 per meal
	 Cook, Cook Helper, Quarters Keeper
	  	Cost plus 20%

 Board will be provided for outside personnel at $100.00 per day per man. 
  


			
	Revision January 2007	  	Page 4 of 14








 SUNLAND CONSTRUCTION, INC. 
 LABOR RATE SCHEDULE 
  

															
	Billing
Code	  	 Classification
	  	LAND - 60 Hr	  	MARINE - 60 Hr
	 	  	 	  	Regular	  	Overtime	  	Regular	  	Overtime
	Land/Marine	  		  			  			  			  		
	001/101	  	Project Manager	  	$	72.00	  	$	72.00	  	$	75.50	  	$	75.50
	002/102	  	Superintendent	  	$	72.00	  	$	72.00	  	$	75.50	  	$	75.50
	003/103	  	Superintendent - Drilling	  	$	72.00	  	$	72.00	  	$	75.50	  	$	75.50
	004/104	  	Superintendent - Insulation	  	$	60.00	  	$	60.00	  	 	—  	  	 	—  
	005/105	  	Assistant Superintendent	  	$	60.00	  	$	60.00	  	$	63.00	  	$	63.00
	006/106	  	Foreman	  	$	60.00	  	$	60.00	  	$	63.00	  	$	63.00
	007/107	  	Foreman – Insulation, Maint.. Roustabout	  	$	51.50	  	$	65.00	  	 	—  	  	 	—  
	008/108	  	Foreman – Labor (Straw)	  	$	36.25	  	$	48.50	  	$	40.50	  	$	51.50
	010/110	  	Licensed Boat Captain	  	 	—  	  	 	—  	  	$	50.50	  	$	50.50
	011/111	  	Project Safety Coordinator	  	$	50.50	  	$	50.50	  	$	50.50	  	$	50.50
	012/112	  	Office Manager	  	$	39.25	  	$	39.25	  	$	39.25	  	$	39.25
	013/113	  	Purchasing Agent	  	$	39.25	  	$	39.25	  	$	39.25	  	$	39.25
	014/114	  	Field Engineer	  	$	51.50	  	$	65.00	  	$	59.75	  	$	73.25
	015/115	  	Driller	  	$	51.50	  	$	65.00	  	$	59.75	  	$	73.25
	016/116	  	Welder*	  	$	72.50	  	$	91.75	  	$	76.50	  	$	97.00
	017/117	  	Equipment Operator	  	$	49.00	  	$	62.00	  	$	57.50	  	$	70.50
	018/118	  	Drilling Floor Hand, Deck Hand	  	$	49.00	  	$	62.00	  	$	57.50	  	$	70.50
	020/120	  	Truck Driver	  	$	49.00	  	$	62.00	  	$	49.00	  	$	62.00
	021/121	  	Carpenter, Painter, Mason	  	$	49.00	  	$	62.00	  	$	49.00	  	$	62.00
	022/122	  	Spacer, Pipefitter	  	$	49.00	  	$	62.00	  	$	57.50	  	$	70.50
	023/123	  	Mechanic	  	$	47.50	  	$	59.50	  	$	55.50	  	$	68.00
	024/124	  	Insulator Mechanic	  	$	47.50	  	$	59.50	  	 	—  	  	 	—  
	025/125	  	Insulator Journeyman	  	$	38.50	  	$	48.50	  	 	—  	  	 	—  
	026/126	  	Welder Helper	  	$	30.00	  	$	37.75	  	$	38.50	  	$	46.25
	027/127	  	Insulator Helper	  	$	30.00	  	$	37.75	  	 	—  	  	 	—  
	028/128	  	Laborer, Oiler	  	$	28.25	  	$	35.00	  	$	36.25	  	$	43.50
	030/130	  	Whseman, Parts Runner	  	$	28.25	  	$	35.00	  	$	28.25	  	$	35.00
	031/131	  	Field Clerk, Night Watchman	  	$	30.00	  	$	37.75	  	$	30.00	  	$	37.75

  

														
	2WD/4WD	  	 Vehicle
	  	 	  	 	  	2 W/Drive	  	4 W/Drive
	500/501	  	Superintendent, Assist. Super	  	Pickup	  			  	$	13.00	  	$	15.00
	“ “	  	Engineer/Project Mgr	  	Pickup	  			  	$	13.00	  	$	15.00
	“ “	  	Safety Coordinator	  	Pickup	  			  	$	13.00	  	$	15.00
	“ “	  	Foreman (including Labor Foreman) Pickup	  	$13.00	  			  	$	15.00	  		
	“ “	  	Office Manager	  	Pickup	  			  	$	13.00	  	$	15.00
	“ “	  	Parts Runner / Material Man/Purchasing Pickup	  	$13.00	  			  	$	15.00	  		
	500	  	Operator	  	Pickup	  	$	13.00	  	$	13.00	  	 	500
	502/503	  	Crew	  	Crew Cab	  	$	18.00	  	$	20.00	  	 	502/503
	511	  	Mechanic Mechanic	  	Truck	  	$	25.00	  	$	25.00	  	 	511
	510	  	Welder Welding	  	Rig	  	$	26.00	  	$	26.00	  	 	510

  

	*	Extra hour(s) per day may be paid to bead, hot-pass welders and welder foreman on pipeline projects and will be charged accordingly. 

  


			
	Revision January 2007	  	Page 5 of 14








 SUNLAND CONSTRUCTION, INC. 
 EQUIPMENT PROVISIONS 
  

	1.	Equipment rates are inclusive of maintenance, repair, fuel, oil, lube, vendor taxes, insurance, depreciation, licenses fees, overhead, and profit, unless otherwise noted. Equipment
rates are on a straight time basis and are exclusive of operating labor, unless otherwise noted. 

  

	2.	All quoted rates are per hour unless stated otherwise. 

  

	3.	A minimum charge for all equipment assigned shall be eight (8) hours. This is to be utilized during work stoppages or rain out days ONLY. 

  

	4.	Service time for fueling and greasing of equipment shall be considered work time. 

  

	5.	Rates are chargeable for all time including mobilization, demobilization and/or moving. Additional cost for third party hauling and permits shall be charged at cost plus twenty
(20) percent. 

  

	6.	Trucks and equipment shall be charged the same hours as that incurred by the crew. 

  

	7.	Should the contractor find it necessary to employ equipment other than the equipment listed or to employ equipment on a short-term basis (less than 7 days), such equipment may be
provided from a third party and shall be charged at the actual equipment rental rate plus forty (40) percent (for fuel burning equipment) or twenty (20) percent (for non-fuel burning equipment), plus any applicable sales or use taxes. The
markup will include such costs as fuel, lube, insurance, maintenance, and profit. 

  

	8.	Any new equipment which Sunland purchases after this rate sheet is published will be billed at a rental price the same as an outside vendor, plus fuel if applicable.


  

	9.	Sales and use taxes, where applicable, shall be charged in addition to the above rates. 

 EQUIPMENT PROVISIONS – MARINE ONLY 
  

	1.	For marine work, these provisions are additive to those provisions contained in the general equipment section. 

  

	2.	The published rates for hourly marine equipment are working rates. Working rates will be charged while the equipment is being rigged up or being prepared for the work performed,
while the assigned crew is being charged and while the equipment is being off loaded at the completion of the job. 

  

	3.	Tow/standby rates for hourly marine equipment will be charged for equipment in-transit or without crew at 85% of the working rates. Any person involved in a tow or standby operation
will be charged at published rates at 12 hours per 24 hour period. 

  

	4.	A minimum charge of six (6) 12 hour days per week (Working or Standby) will apply to all Sunland owned hourly rate equipment. A minimum of five days per week will apply to all
Sunland owned daily rate equipment. There will be no charge for Sunland owned equipment on standby once the minimum is incurred, except for Sunland required manned equipment. 

  

	5.	Should the customer require outside equipment the customer will be billed at Contractor’s cost plus fuel, oil, grease and maintenance cost, plus twenty (20) percent plus
any applicable sales or use tax. 

  


			
	Revision January 2007	  	Page 6 of 14








 SUNLAND CONSTRUCTION, INC. 
 MARINE EQUIPMENT RATE SCHEDULE 
 Pipe Laying Barges 
  

					
	 Billing
 Code
	  	 Description
	  	Rate
	200	  	BH104 – 34’ x 110’ x 6”6”	  	
		  	 Includes pipe rollers, extension ramp, pipe rack, light plant and 1 1/2 cubic yard/40-ton dragline. It can also be rigged with cranes larger than 40 tons when available
	  	$120.00/Hr
	201	  	BH 300 – 45” x 185” x 9’	  	
		  	 Three (3) spuds capable of depths up to 25” of water or could be rigged with a six anchor system, generator, pipe rollers, pipe rack, hydraulic line up, light
plant and four or five stations with extension ramp. Capable of dredging, pile driving and laying pipe. If an anchor spread is used, add $35.00 per hour to the rate. It can also be rigged with cranes larger than 60 tons when
available
	  	$240.00/Hr
	202	  	3 Lay Barge Set - Accommodates up to 48” Pipe	  	Price Available
Upon Request
	
	Jet Barges (Pipe Burying Barges) *
			
	210	  	BH 200, BH 202	  	
	Equipped with two (2) 300 H.P. Three-Stage Jet Pumps and 600 CFM Compressor. Capable of burying pipelines
from 2” to 36” diameter	  	$170.00/Hr
	211	  	BH 200, BH 202	  	
		  	 Equipped with four (4) 300 H.P. Three-Stage Jet Pumps and 600 CFM Compressor. Capable of burying pipelines up to 36” diameter
	  	$245.00/Hr
	212	  	BH 201, BH203 ** – Rigged as a Split Hull Jetting Barge	  	
		  	 Equipped with two (2) 300 H.P. Three-Stage Jet Pumps, 750 CFM Compressor, Jet Claw Apparatus, Piping, Hoses and two 1,000 Gal. Fuel Tanks. Capable of burying
pipelines up to 36” diameter
	  	$205.00/Hr
	213	  	BH 201, BH203 ** – Rigged as a Split Hull Jetting Barge	  	
		  	 Equipped with four (4) 300 H.P. Three-Stage Jet Pumps, 750 CFM Compressor, Jet Claw Apparatus, Piping, Hoses and two 1,000 Gal. Fuel Tanks. Capable of burying
pipelines up to 36” diameter
	  	$275.00/Hr
	
	*       Prices exclude fuel which will be charged at cost plus 20%
	
	**     Rig up and rig down will be in addition.
	
	Pipeline Lift and Repair Barge *
			
	220	  	H 201, BH 203	  	
		  	 Double pontoons (90” x 10’ x 5’) with 2 yoke assembly, capacity 25
 tons per yoke, hydraulic operated, 2 drum 70B spud unit with two (2)
 30’ spuds. $375.00 per day per yoke
	  	$800.00/Day
	221	  	Flexi-Float Barges – 30’ x 8’ x 4’	  	$115.00/Day/ea
	222	  	Rakes	  	$25.00/Day/ea.
	223	  	Spud Well and Spud (set)	  	$25.00/Day/ea.
	224	  	Spud Unit	  	$115.00/Day/ea
	225	  	Yokes and Winches	  	$100.00/Day/ea
	226	  	Interlocking Barges - 40’ x 8’ x 4’	  	$110.00/Day/ea
	227	  	Interlocking Barges - 30’ x 8’ x 4’	  	$85.00/Day/ea.

  

	*	7 day minimum charge applies. Lift belts will be charged at $10.00/day each per yoke. Cable slings will be charged at cost plus 20%. All other equipment and supplies will be charged
as per rate sheet. 

  


			
	Revision January 2007	  	Page 7 of 14








 SUNLAND CONSTRUCTION, INC. 
 Spud Barges with Draglines 
  

					
	230	  	BH103, BH 105 – 38’ x 120’ x 8’	  	
		  	 5 cubic yard/125-ton dragline, pile driving leads, hammer and follow block, 5 cubic yard drag bucket, 5 cubic yard clam bucket, fuel tank, power operated
spuds
	  	$185.00/Hr
	231	  	BH101 – 36’ x 120’ x 7’ 4 cubic yard/100-ton dragline, pile driving leads, hammer and follow block, 4 cubic yard drag bucket, 4 cubic yard clam bucket, fuel tank,
power operated spuds.	  	$160.00/Hr
	232	  	BH100 – 34’ x 110” x 6’ 6”, Rowe 14 – 34’ x 110’ x 7’ 3 cubic yard/75-ton dragline, pile driving leads, hammer and follow block, 3 cubic yard
drag bucket, 3 cubic yard clam bucket, fuel tank, power operated spuds	  	$120.00/Hr
	233	  	1.5 cubic yard/40 ton dragline, pile driving leads, hammer and follow block, 1.5 cubic yard drag bucket, 1.5 cubic yard clam bucket, fuel tank, power operated spud	  	$95.00/Hr
	
	Spud Barges and Deck Barges
			
	240	  	39” x 140” x 7’ Spud Barge with spud unit	  	$460.00/Day
	241	  	32” x 120’ x 7’ Spud Barge with spud unit	  	$405.00/Day
	242	  	30’ x 110’ x 7’ Spud Barge with spud unit	  	$405.00/Day
	243	  	30” x 120’ x 7’ BH7 Water Barge	  	$275.00/Day
	244	  	30’ x 120’ x 6’6” Deck Barge	  	$175.00/Day
	245	  	20’ x 8’ x 1’ Tie-In Barge	  	$60.00/Day
	
	Boats
			
	250	  	300 HP Tug, Danny Boy, Includes one (1) licensed Boat Captain, customer furnishes fuel	  	$950.00/Day
	251	  	Aluminum Crewboat 29’, Diesel Inboard	  	$500.00/Day
	252	  	Aluminum Crewboat 22’ - 26’, 200-225 HP Outboard	  	$425.00/Day
	253	  	Aluminum Cabin Boat 16’ - 18’, 70 HP Outboard	  	$220.00/Day
	254	  	Aluminum Skiff 14’- 16’, 15 - 40 HP or less Outboard	  	$160.00/Day
	255	  	Aluminum Skiff 14’- 16’, without motor	  	$40.00/Day
	256	  	Boat w/ motor 10’-12’	  	$130.00/Day
	
	Portable Caissons for Submerged Pipelines
			
		  	Small Caisson	  	
	260	  	Designed for pipelines up to 20” diameter in water depths up to 45’	  	$4,500.00/Job
	263	  	Plus per day charge (Daily rate charged every day until returned)	  	$550.00/Day
		  	Large Caisson	  	
	261	  	Designed for pipelines up to 36” diameter in water depths up to 23’	  	$5,500.00/Job
	263	  	Plus per day charge (Daily rate charged every day until returned)	  	$550.00/Day
	262	  	Hydraulic Power Pack	  	$330.00/Day
	
	Amphibious Equipment *
			
	270	  	Amphibious Backhoe 1 1/2 cu. yd.	  	$195.00/Hr
	271	  	Amphibious Backhoe with Slash Buster	  	$200.00/Hr
	272	  	Amphibious Dragline 3/4 cu. yd. with 45’ ’ boom	  	$160.00/Hr
	273	  	Amphibious Dragline 1 cu. yd. with 50’ boom.	  	$170.00/Hr
	274	  	Cargo Buggy	  	$120.00/Hr
	275	  	Marsh slide or pontoon cargo barge	  	$95.00/Day

  

	*	Extra boom length is available upon request. 

  

	*	Pile driving leads and hammer are available upon request. 

  

	*	Crane hook blocks are available upon request. 

  


			
	Revision January 2007	  	Page 8 of 14








 SUNLAND CONSTRUCTION, INC. 
 LAND EQUIPMENT & SUPPORT EQUIPMENT RATE SCHEDULE 
 Dozers * 
  

					
	 Billing
 Code
	  	 Description
	  	Rate
	 300
	  	Dozer, 80 to 105 hp (JD 550, JD 650, D4 or equiv.)	  	$45.00/Hr
	 301
	  	Dozer, 110 to 130 hp (D5H or equiv.)	  	$60.00/Hr
	 302
	  	Dozer, 140 to 150 hp (D6D Cat or equiv.)	  	$72.00/Hr
	 303
	  	Dozer, 165 to 185 hp (D6H Cat or equiv.)	  	$85.00/Hr
	 304
	  	Dozer, 200 to 240 hp (D7 Cat or equiv.)	  	$115.00/Hr
	
	 *  LGP equipment or equipped with ripper – add $10.00/Hr. to above listed rates

	
	Excavators
			
	 310
	  	Rubber Tire Backhoe (4X2)	  	$23.00/Hr
	 311
	  	Rubber Tire Backhoe (4X4)	  	$28.00/Hr
	 312
	  	Excavator, 15 Metric Ton (315 Cat or equiv.)                (plus teeth in rock)	  	$60.00/Hr
	 313
	  	Excavator, 20 Metric Ton (320 Cat or equiv.)            (plus teeth in rock)	  	$75.00/Hr
	 314
	  	Excavator, 25 Metric Ton (325, 225 Cat or equiv.)        (plus teeth in rock)	  	$87.00/Hr
	 315
	  	Excavator, 30 Metric Ton (330 Cat or equiv.)                (plus teeth in rock)	  	$100.00/Hr
	 320
	  	Shaker/Padding Bucket	  	$1,000.00/Day
	 321
	  	Slash Buster Attachment	  	$450.00/Day
	 322
	  	Vaculift Attachment	  	$450.00/Day
	
	Cranes/Draglines
			
	 330
	  	Crane, Rough Terrain, 15 Ton Class	  	$46.00/Hr
	 331
	  	Crane, Rough Terrain, 18 Ton Class	  	$56.00/Hr
	 332
	  	Crane, Rough Terrain, 22 Ton Class	  	$63.00/Hr
	 333
	  	Crane, Rough Terrain, 28 Ton Class	  	$75.00/Hr
	 340
	  	900 Series American 125 ton or equial	  	$120.00/Hr
	 341
	  	3900 Series Manotowac 100 Ton or equal	  	$95.00/Hr
	 342
	  	Dragline Linkbelt 118 or equal	  	$85.00/Hr
	 343
	  	Dragline Linkbelt 108 or equal	  	$75.00/Hr
	 344
	  	Dragline Linkbelt 98A or equal	  	$65.00/Hr
	 345
	  	Dragline Linkbelt 78 or equal	  	$55.00/Hr
	 350
	  	Crane Truck, 10-15 Ton Class	  	$475.00/Day
	 351
	  	Crane Truck, 16-20 Ton Class	  	$625.00/Day
	 352
	  	Crane Truck, 21-25 Ton Class	  	$900.00/Day
	
	Pipelayers
			
	 360
	  	Rubber Tire Backhoe w/Sideboom	  	$36.00/Hr
	 361
	  	Pipelayer, 561 Cat	  	$56.00/Hr
	 362
	  	Pipelayer, 571 Cat	  	$72.00/Hr
	 363
	  	Pipelayer, 572 Cat	  	$90.00/Hr
	 364
	  	Pipelayer, 583 Cat	  	$110.00/Hr

  


			
	Revision January 2007	  	Page 9 of 14








 SUNLAND CONSTRUCTION, INC. 
 Other Equipment 
  

					
	400	  	Bending Machine 22”-36”            (Shoes & Mandrel not included)	  	$1700.00/Day
	401	  	Bending Machine 6”-20”            (Shoes & Mandrel not included)	  	$500.00/Day
	402	  	Skid/Trailer Mounted Hydro-excavator	  	$450.00/Day
	403	  	Trailer Mounted Hydro-Cat Airless Spray Machine	  	$450.00/Day
	404	  	Wet Bore Rig	  	$1200.00/Day
	405	  	Dry Bore Rig	  	$2500.00/Day
	406	  	Forklift	  	$325.00/Day
	410	  	Motor Grader (12/120 Cat)	  	$62.00/Hr
	411	  	Motor Grader (14/140 Cat)	  	$95.00/Hr
	412	  	Tack Rig	  	$90.00/Hr
	413	  	Pulling Unit, 100 horsepower, single drum, 1500’  3/4” cable (cable damage on customers account)	  	$350.00/Day
	414	  	Hanover Buggy/Rollagon Stringing Buggy	  	$75.00/Hr
	415	  	Ardco Buggy (Rubber Tire 4 x 4)	  	$65.00/Hr
	416	  	ATV Vehicle	  	$120.00/Day
	
	Testing Equipment
			
	430	  	Frac Tank, (excludes mob, demob and cleaning)	  	$95.00/Day
	431	  	Hydrostatic Fill & Test Pump Combo	  	$800.00/Day
	432	  	Dead Weight Test (4 day min)	  	$90.00/Day
	433	  	Pressure Recorder (4 day min)	  	$90.00/Day
	434	  	Temperature Recorder (4 day min)	  	$90.00/Day
	435	  	Test Trailer w/Generator	  	$145.00/Day
	436	  	Kerr Three Cylinder Test Pump with  1/2” x 50’
Test Hose (5 day Minimum)	  	$175.00/Day
	437	  	MacFarland Test Pump (3 day Minimum)	  	$140.00/Day
	438	  	Flow Meter	  	$45.00/Day
	439	  	6-Inch Victaulic Pipe (600 ft. lot)	  	$115.00/Day
	440	  	Lowhead Booster Pump	  	$115.00/Day
	441	  	Water Filter	  	$85.00/Day
	442	  	Air Powered Hydrostatic Test Pump w/air compressor	  	$315.00/Day
	443	  	2 Stage Fill Pump (1000GPM)	  	$450.00/Day
	
	Air Compressors/Generators
			
	460	  	Air Compressor, 100 - 185 CFM	  	$200.00/Day
	461	  	Air Compressor, 250 - 275 CFM	  	$285.00/Day
	462	  	Air Compressor, 375 CFM	  	$370.00/Day
	465	  	Air Compressor, 750 CFM	  	$570.00/Day
	470	  	Additional  3/4”/1” x 50’ Air
Hose	  	$4.00/Day
	471	  	Generator, 3.5 – 6.5 KW	  	$75.00/Day
	472	  	Generator, 20 KW	  	$200.00/Day
	473	  	Light Tower, Towable	  	$110.00/Day
	
	Trucks, Vehicles and Trailers
			
	500	  	Pickup, 1/2 or 3/4 Ton, 2WD	  	$13.00/Hr
	501	  	Pickup, 1/2 or 3/4 Ton, 4WD	  	$15.00/Hr
	502	  	Crew Cab Pickup, 2WD	  	$18.00/Hr
	503	  	Crew Cab Pickup, 4WD	  	$20.00/Hr
	504	  	Service/Fuel Truck	  	$35.00/Hr
	505	  	1-Ton Truck, Stake Bed	  	$25.00/Hr
	506	  	1-Ton Truck, Stake Bed, Crew Cab	  	$26.00/Hr
	510	  	3/4-1T Welding Rig	  	$26.00/Hr
	511	  	Mechanic’s Truck	  	$25.00/Hr
	515	  	Gooseneck Trlr, 22 Ft	  	$14.00/Hr
	516	  	Float Trailer, 40-45 Foot	  	$18.00/Hr
	517	  	Lowboy 3 Axle Trailer	  	$25.00/Hr
	518	  	Lowboy 4 Axle Trailer	  	$30.00/Hr

  


			
	Revision January 2007	  	Page 10 of 14








 SUNLAND CONSTRUCTION, INC. 
  

					
	 519
	  	Pipe Trailer	  	$15.00/Hr
	 520
	  	Utility Trailer	  	$7.00/Hr
	 521
	  	Van Trailer	  	$7.00/Hr
	 522
	  	Skid/2  1/2 Ton Stake Body Truck	  	$45.00/Hr
	 525
	  	10-Ton Haul Truck	  	$55.00/Hr
	 526
	  	3 & 4 Axle Dump Truck	  	$55.00/Hr
	 527
	  	Dolly, Pipe Trailer	  	$15.00/Hr
	 528
	  	25 Cubic Yard Dump Trailer	  	$20.00/Hr
	 529
	  	80 BBL Vacuum Truck, (excludes cleaning)	  	$65.00/Hr
	 530
	  	Winch Truck, 3T w/Gin Poles	  	$26.00/Hr
	 531
	  	Water-Tanker Trailer, 8000 gal (storage on-site)	  	$120.00/Day
	 540
	  	Office Trailer	  	$90.00/Day
	 541
	  	Warehouse/Tool Van *	  	$325.00/Day
	
	 *  Tool van inventory list includes (1) generator 3.5 KW or less, (1) 3” or less Water Pump with
discharge hoses, Pipe Beveling Machine 12” or less, Pipe Clamps 12” or less, Pipe Calipers 12” or less, Tensil Tester, Coupon Cutters, Lowering In Belts, (1) Threader, Ridged w/dies, Surveyor Transit, Plumber (Foreman) Plugs
12” or less, (1) Torque Wrench with Multiplier – handheld, Come-A-Long Hoists, 1” Air Impact Wrench, Electric/Air Drill Motor, Drill, Saw – Circular & Reciprocating, (1) Electric Buffing Machine (grinder) w/out
brushes.

	
	Pumps
			
	 560
	  	6” Ditch Pump	  	$250.00/Day
	 561
	  	3” Centrifugal Water Pump w/Hoses	  	$70.00/Day
	 562
	  	3” Diaphragm Water Pump w/Hoses	  	$70.00/Day
	 563
	  	2” Centrifugal Water Pump w/ Hoses	  	$55.00/Day
	 564
	  	2” Diaphragm Water Pump w/Hoses	  	$55.00/Day
	 565
	  	1” Diaphragm Air Pump	  	$30.00/Day
	 570
	  	6” Single Stage – Jet Fill (3 day minimum)	  	$275.00/Day
	 571
	  	6” Three Stage – Jet Fill (1 week minimum)	  	$500.00/Day
	 572
	  	Hydraulic 10” Rice Field Pump	  	$400.00/Day
	 573
	  	Hydraulic 8” Toyo Pump	  	$450.00/Day
	 575
	  	2” x 50’ Discharge Hose	  	$10.00/Day
	 576
	  	3” x 50’ Discharge Hose	  	$12.00/Day
	 577
	  	4” x 50’ Discharge Hose	  	$18.00/Day
	 578
	  	2” x 50’ High Pressure Jet Hose	  	$30.00/Day
	 579
	  	4” x 50’ High Pressure Jet Hose	  	$90.00/Day
	 580
	  	1” Tank Truck Hose	  	$12.00/Day
	 581
	  	2” Tank Truck Hose	  	$14.00/Day
	 582
	  	2” Tank Truck Hose	  	$22.00/Day
	
	Welding Equipment
			
	 600
	  	Pipe Beveling Machine - 2-4”	  	$30.00/Day
	 601
	  	Pipe Beveling Machine 6-12”	  	$45.00/Day
	 602
	  	Pipe Beveling Machine 14-26”	  	$60.00/Day
	 603
	  	Pipe Beveling Machine 26-36”	  	$75.00/Day
	 610
	  	Pipe Clamps 2-8”	  	$15.00/Day
	 611
	  	Pipe Clamps 10-16”	  	$18.00/Day
	 612
	  	Pipe Clamps 18-26”	  	$25.00/Day
	 613
	  	Pipe Clamps 30”	  	$30.00/Day
	 614
	  	Tensil Tester	  	$390.00/Day
	 615
	  	Propane Bottle w/Torch	  	$40.00/Day
	 616
	  	Nitrogen Gauge Kit	  	$20.00/Day
	 617
	  	Coupon Cutters	  	$65.00/Day
	 618
	  	400 AMP Lincoln Welding Machine	  	$120.00/Day
	 619
	  	Oxygen/Acetylene Cutting Rig w/bottles	  	$85.00/Day

  


			
	Revision January 2007	  	Page 11 of 14








 SUNLAND CONSTRUCTION, INC. 
 Environmental/ROW Equipment 
  

					
	650	  	Farm Tractor	  	$200.00/Day
	651	  	Farm Tractor 4 x 4	  	$275.00/Day
	652	  	Bush Hog	  	$115.00/Day
	653	  	Disc 8’.	  	$80.00/Day
	654	  	Chisel Plow 9’	  	$90.00/Day
	655	  	Harrow 10’	  	$70.00/Day
	656	  	Grain Drill 10’	  	$210.00/Day
	657	  	35 HP Mulch Spreader	  	$270.00/Day
	658	  	800# Broadcaster Spreader	  	$50.00/Day
	659	  	Chipper	  	$320.00/Day
	660	  	Brush Burner	  	$375.00/Day
	
	Miscellaneous Equipment & Tools
			
	700	  	Motor Driven Post Hole Digger	  	$50.00/Day
	701	  	Pipe Slide (Rollers)	  	$25.00/Day/Ea
	702	  	Pipe Calipers 2-6”.	  	$20.00/Day
	703	  	Pipe Calipers 8-12”	  	$25.00/Day
	704	  	Pipe Calipers 16-24”.	  	$35.00/Day
	705	  	Pipe Calipers 30”	  	$42.00/Day
	710	  	Pipe Cradle 6-24”	  	$190.00/Day
	711	  	Pipe Cradle 24-36”	  	$300.00/Day
	712	  	Lowering In Belt	  	$30.00/Day
	713	  	Pipe Cutter 6” to 16”	  	$50.00/Day
	714	  	Electric Pipe Dies	  	$65.00/Day
	715	  	Threader, Ridged 700 w/dies	  	$90.00/Day
	716	  	Threader, Ridged 535 w/dies	  	$190.00/Day
	717	  	Flange Spreader, 20” & below	  	$55.00/Day
	718	  	Spreader Bar (articulating concrete mats)	  	$35.00/Day
	720	  	Safety Basket, OSHA approved	  	$35.00/Day
	721	  	Safety Walkway	  	$35.00/Day
	722	  	Ladders 20’ or less, OSHA approved	  	$25.00/Day
	723	  	Tubs 8’ x 8’ x3’	  	$15.00/Day
	724	  	Compactor, Walk Behind	  	$120.00/Day
	725	  	Ditch Trencher, Walk Behind	  	$250.00/Day
	726	  	Trench Box	  	$250.00/Day
	730	  	Mats	  	$20.00/Day/Ea.
	731	  	Skids	  	$.40/Day/Ea.
	732	  	Holiday Detector	  	$85.00/Day
	733	  	Heath Leak Detector (LEL meter)	  	$100.00/Day
	734	  	Pipeline Detector, (M-Scope)	  	$65.00/Day
	735	  	Paint Pot-Air Agitate w/Hoses & Paint Gun	  	$90.00/Day
	736	  	Sand Pot 300# w/Hoses and Hood (less sand)	  	$100.00/Day
	737	  	Jack Hammer	  	$80.00/Day
	740	  	Breaker Points	  	Cost plus 20%
	741	  	Chipping Hammer (Air)	  	$65.00/Day
	742	  	Chipping Hammer (Electric)	  	$90.00/Day
	743	  	Steam Cleaner	  	$90.00/Day
	744	  	Air mover	  	$80.00/Day
	745	  	Electric Blowers	  	$25.00/Day
	746	  	Fire Retardant Coveralls (Per person)	  	$7.50/Day
	747	  	Trash Trailer	  	$70.00/Day
	748	  	Power Washer, Trailer Mounted	  	$240.00/Day
	749	  	Bending Shoe (4-8”)	  	$60.00/Day
	750	  	Flume Pipe 12-18”	  	$2.50/Day/Ft
	751	  	Flume Pipe 20-30”	  	$3.75/Day/Ft
	752	  	Cement Mixer, 9 cu. ft	  	$50.00/Day

  


			
	Revision January 2007	  	Page 12 of 14








 SUNLAND CONSTRUCTION, INC. 
  

					
	753	  	Concrete Vibrator	  	$90.00/Day
	755	  	Surveyor Transit (grade level)	  	$50.00/Day
	756	  	Total Station (Theodolite)	  	$200.00/Day
	757	  	Scaffolding (Per Set)	  	$50.00/Day
	758	  	Torque Wrench with Multiplier (Hand Held)	  	$35.00/Day
	759	  	Torque Wrench with Sockets (Hydraulic)	  	$250.00/Day
	760	  	Plumber (Foreman) Plugs 26”-36”	  	$90.00/Day
	761	  	Plumber (Foreman) Plugs 18”-24”	  	$50.00/Day
	762	  	Plumber (Foreman) Plugs 12”-16”	  	$40.00/Day
	763	  	Plumber (Foreman) Plugs 8”-10”	  	$30.00/Day
	764	  	Plumber (Foreman) Plugs 2”-6”	  	$25.00/Day
	770	  	Hot Tap Machine - 2”	  	$250.00/Day
	771	  	Company Radio, Marine Hand Held Radio, Cellular	  	$20.00/Day
	772	  	Concrete Bucket	  	$50.00/Day
	773	  	Electric Rebar Fabricator without generator	  	$55.00/Day
	774	  	Pile Driving Leads / 3000# Drop Hammer	  	$20.00/Hr
	775	  	Pile Driving Leads / 1500# Drop Hammer	  	$15.00/Hr
	776	  	Load Weight Indicator	  	$150.00/Day
	777	  	Concrete Saw	  	$65.00/Day
	780	  	Tank Track Rollers (Concrete Coated Pipe) 16” – 48”	  	$100.00/Day
	781	  	Half Track Rollers (Concrete Coated Pipe) 6” – 16”	  	$50.00/Day
	782	  	Hour Glass Rollers (Coated Pipe) 6” – 48”	  	$75.00/Day
	783	  	Flat Rollers (Dope, Coated Pipe) 2” –16”	  	$50.00/Day
	784	  	Dir. Drill Pullback Rollers	  	$35.00/Day
	785	  	5-10 Ton Hydraulic Jack	  	$45.00/Day
	790	  	1 Ton or 1 1/2 Chain Come-A-Long Hoist	  	$25.00/Day
	791	  	3 Ton Chain Come-A-Long Hoist	  	$35.00/Day
	792	  	1 Ton Cable Come-A-Long Hoist	  	$25.00/Day
	793	  	2 Ton Cable Come-A-Long Hoist	  	$30.00/Day
	794	  	5 Ton Chain Come-A-Long Hoist	  	$47.00/Day
	800	  	2000 gallon Skid Tank	  	$65.00/Day
	801	  	1000 gallon Skid Tank	  	$55.00/Day
	802	  	250-500 gallon Fuel Tank	  	$50.00/Day
	803	  	Portable Lights with Stands	  	$65.00/Day
	805	  	4000 lb. Anchors	  	$35.00/Day
	806	  	6000 lb. Anchors	  	$45.00/Day
	807	  	6’ Can-Type Buoy	  	$35.00/Day
	810	  	1” Air Impact Wrench	  	$40.00/Day
	811	  	1” Hydraulic Impact Gun	  	$120.00/Day
	812	  	Electric/Air Drill Motor	  	$35.00/Day
	813	  	OR Vulcan Hammer	  	$512.00/Day
	814	  	Pneumatic Hacksaw (Blades plus 20%)	  	$60.00/Day
	815	  	Wach-Trav-L-Cutter (One Week Minimum) (Cutter Wheels Extra)	  	$190.00/Day
	816	  	Power Chain Saw	  	$60.00/Day
	817	  	Power Drill	  	$50.00/Day
	818	  	Mower w/Weedeater	  	$50.00/Day
	819	  	Weadeater only	  	$25.00/Day
	820	  	Styrofoam Float – Approximate 400 lbs. (When Available)	  	$1.00/Day
	821	  	Styrofoam Float – Approximate 1000 lbs (When Available)	  	$1.50/Day
	822	  	Electric/Air Roto Hammer	  	$50.00/Day
	825	  	Porta-Power Rams (20 Ton	  	$50.00/Day
	826	  	Porta-Power Rams (50 Ton)	  	$60.00/Day
	827	  	Saw, Circular & Reciprocating	  	$45.00/Day
	828	  	Electric Buffing Machine (grinder) w/out brushes	  	$45.00/Day
	830	  	Heating Equipment (90-300,000 BTU)	  	$130.00/Day
	831	  	Poly Welding Machine	  	$170.00/Day
	832	  	Poly Pipe Trailer	  	$150.00/Day
	833	  	Concrete Blankets	  	$10.00/Day/Ea.

  


			
	Revision January 2007	  	Page 13 of 14








 SUNLAND CONSTRUCTION, INC. 
 DHB Miscellaneous Equipment 
  

					
	900	  	Air Lift Bags – 5 Ton	  	$95.00/Day
	901	  	Air Lift Bags – 17 Ton	  	$150.00/Day
	902	  	Air Lift Bags – 44 Ton	  	$275.00/Day
	903	  	Air Lift Bags – 72 Ton	  	$350.00/Day
	904	  	Cad weld Equipment	  	$30.00/Day
	905	  	Arc Gouging Equipment including 400 Amp Lincoln Welding Machine	  	$210.00/Day
	906	  	Variable DC Power Source	  	$35.00/Day
	907	  	Wax Tank Trailer	  	$75.00/Day
	
	DHB End Seals
			
	920	  	3” x 6	  	$230.00/Unit
	921	  	4” x 8”	  	$250.00/Unit
	922	  	6” x 10”	  	$265.00/Unit
	923	  	8” x 12”	  	$290.00/Unit
	924	  	0” x 14”.	  	$305.00/Unit
	925	  	12” x 16”	  	$320.00/Unit
	926	  	14” x 18”	  	$335.00/Unit
	927	  	16” x 20”	  	$350.00/Unit
	928	  	18” x 24”	  	$370.00/Unit
	929	  	20” x 26”	  	$385.00/Unit
	930	  	22” x 26”	  	$405.00/Unit
	931	  	24” x 30”	  	$425.00/Unit
	932	  	26” x 34”	  	$455.00/Unit
	933	  	30” x 36”	  	$475.00/Unit
	934	  	36” x 42”	  	$510.00/Unit
	940	  	Transition Pieces 3” to 16” casing	  	$80.00/Unit
	941	  	Transition Pieces 18” to 42” casing	  	$100.00/Unit

 (DHB prices shown are for normal pipeline and casing combinations. DHB seals can readily be supplied for larger
casing sizes. Prices quoted above are F.O.B. Eunice, LA and exclusive of applicable sales tax. A complete unit consists of two flange halves, gasket and two compression bolts with nuts. Pipeline coating type and thickness must be specified when
ordering to insure proper fit. Casing filler prices will be provided upon request. Prices will vary due to location and volume.) 
  


			
	Revision January 2007	  	Page 14 of 14








 ATTACHMENT E 
 PROJECT SCHEDULE 
 

 
  

 E-1 







 ATTACHMENT F 
 INSURANCE REQUIREMENTS 
  

	F.1.	Contractor’s Insurance: All insurance obtained pursuant to this Agreement shall: (1) be issued by insurers with an “A-VII” or better A.M. Best Co. rating
in the current Property-Casualty Edition and authorized to do business in the state in which the Project is located, and (2) be in all other respects acceptable to Owner. Contractor shall carry and maintain or cause to be carried and maintained
in force at all times during the term of the Agreement the following insurance: 

  

	 	F.1.1.	Workers’ Compensation/Employers’ Liability 

 Workers’ compensation with appropriate longshoremen’s or harbor workers’ endorsement (if applicable) covering all Contractor Personnel in accordance with the statutory requirements of the state of hire or country in which the
Work is to be performed, and if the Work includes the use of vessels, appropriate maritime extensions. Employers’ liability insurance with the limit of One Million United States Dollars (U.S. $l,000,000) per accident or illness. 
  

	 	F.1.2.	Commercial General Liability 

 Commercial general
liability insurance with contractual liability, products and completed operations, and broad form property damage coverage included, which shall provide for a combined single limit of One Million United States Dollars (U.S. $1,000,000) for personal
injury, death or property damage resulting from each occurrence and covering all of Contractor’s Work under the Agreement; provided, however, this coverage requirement may be satisfied by Contractor through any combination of primary and excess
liability insurance. 
  

	 	F.1.3.	Automobile Liability 

 Automobile liability
insurance covering owned, non-owned and hired motor vehicles, with combined single limits of at least One Million United States Dollars (U.S. $1,000,000) for personal injury, death, or property damage resulting from each occurrence. 
  

	 	F.1.4.	Aircraft Liability Insurance 

 Aircraft liability
insurance, to the extent applicable, covering owned, non-owned and hired aircraft with a combined single limit of Five Million United States Dollars (U.S. $5,000,000) for bodily injury, death and property damage resulting from each occurrence.

  

	 	F.1.5.	Transportation Insurance 

 “All Risk”
Insurance covering the full replacement cost of all supplies, equipment and materials to be incorporated into the Work while in the course of transit, including the land portion of any ocean or air shipments, and until arrival at the final local
Work Sites. Such transit insurance shall include coverage against the perils of war, strikes, riots and civil commotion and shall insure all general average and salvage charges for which named insureds are responsible. Such insurance shall have a
deductible of Fifty Thousand United States Dollars (U.S. $50,000) per loss. 
  

	 	F.1.6.	Builder’s Risk Insurance 

 Upon Owner’s
written request, Contractor shall procure and maintain completed value form builder’s risk property insurance (subject to a deductible per loss not to exceed U.S. $50,000) upon the entire Work for one hundred percent (100%) of the full
replacement cost value thereof (100% includes additional costs of engineering services in the event of a loss), or such lesser value if requested by Owner. This policy shall include the interests of Owner and Contractor in the Work as named
insureds, as their interests may appear, shall name Owner and Contractor co-loss payee(s), and shall be on an “All Risk” basis for physical loss or damage including fire, flood, earthquake, subsidence, hail, theft, vandalism and malicious
mischief and shall include an open trench warranty, HDD operations and coverage for portions of the Work while it is stored off the Site or is in transit (in which case the insurance provided under Paragraph F.1.5 shall not be required). This policy
shall provide, by endorsement or otherwise, that Contractor shall 

  

 F-1 







 
be solely responsible for the payment of all premiums under the policy, and that the Owner shall have no obligation for the payment thereof, notwithstanding
that the Owner are named insureds under the policy. Contractor shall be responsible for any loss within the deductible of the policy for the liabilities assumed by Contractor hereunder. 
 The cost of such insurance shall be passed through to and paid by Owner, and the Parties shall execute a Change Order increasing the Estimated Contract
Price by such amount. 
 Should Owner choose not to require the insurance required by this Section F.1.6 or should Owner increase the
required deductible, Contractor shall only be responsible for loss or damage to the Work that would have otherwise been covered by such insurance to the extent set forth in Section 8.2 of the Agreement. 
  

	 	F.1.7.	Excess Liability Insurance 

 Umbrella or excess
liability insurance, written on a “following form” basis and providing coverage in excess of the coverages required to be provided by Contractor for employer’s liability insurance, commercial general liability insurance and automobile
liability insurance, with limits of Twenty-Five Million United States Dollars (U.S. $25,000,000) combined single limit each claim and in the aggregate. 
  

	 	F.1.8.	Pollution Insurance 

 This policy shall provide
coverage against claims for bodily injury (including bodily injury and death) and property damage (including loss of use), including cleanup costs and defense costs imposed under Applicable Law (including the Oil Pollution Act of 1990 (OPA) and the
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)), caused by or arising out of pollution incidents, whether into or upon the land, the atmosphere or any water course or body of water, arising from the activities of
Contractor or any of its Subcontractors or Sub-subcontractors, and shall include contractual liability per the terms and conditions of such policy. The aggregate limits shall apply separately to each annual policy period. 
 Limits: U.S. $15,000,000 combined single limit each occurrence 
              U.S. $15,000,000 general aggregate with dedicated limits per Project site 
  

	 	F.1.9	Hull and Machinery Insurance 

 This policy shall be
provided by Contractor if applicable and shall cover any watercraft that is owned, leased, rented or chartered by Contractor. If not provided for in the protection and indemnity policy set forth below, this policy shall include collision liability
and tower’s liability with sister-ship clause un-amended. All “as owner” and “other than owner” clauses shall be deleted, and navigational limitations shall be adequate for Contractor to perform the specified Work. Hull:
Fair Market Value of each vessel. 
  

	 	F.1.10	Protection and Indemnity Insurance (P&I) 

 This
policy shall be provided by Contractor if applicable and shall cover any watercraft that is owned, leased, rented or chartered by Contractor. The coverage provided shall include marine contractual liability, tankerman’s liability removal of
wreck and/or debris, and if not provided for in the hull and machinery policy, collision liability and tower’s liability with sister-ship clause un-amended. All “as owner” and “other than owner” clauses shall be deleted, and
navigational limitations shall be adequate for Contractor to perform the specified Work. 
 Limits: Protection and indemnity coverage
provided with a minimum limit of U.S.$4,000,000. 
  

	 	F.1.11	Riggers Liability Insurance 

 Limits: $1,000,000
any lift 
  

	F.2.	Notice: Contractor shall have the insurance carriers furnish to Owner, upon the Effective Date and annually thereafter, insurance certificates specifying the types and
amounts of coverage in effect and the expiration dates of each policy, and a statement that no insurance will be canceled or materially changed without thirty (30) days prior written notice to Owner. 

  

 F-2 








	F.3.	Waiver of Subrogation: All policies of insurance required to be provided by Contractor under this Agreement shall include clauses providing that each underwriter shall waive
its rights of recovery, under subrogation or otherwise, against the Owner Indemnified Parties for the liabilities assumed by Contractor hereunder. Insurance policies pursuant to Paragraph F.1 shall designate the Owner Indemnified Parties as
additional insured for the liabilities assumed by Contractor hereunder, and that the policies provided by Contractor shall be primary and noncontributing to any insurance carried by Owner with regard to the liabilities assumed by Contractor
hereunder. The policies referred to in Paragraphs F.1.2 and F.1.3 shall contain a cross-liability clause in respect of third party claims so that Owner and Contractor are regarded as third parties as to each other. 

  

	F.4.	Obligations Not Relieved: Except as otherwise provided in this Agreement to the contrary, the occurrence of any of the following shall in no way relieve Contractor from any
of its obligations under this Agreement: (i) failure by Contractor to secure or maintain the insurance coverage required hereunder; (ii) failure by Contractor to comply fully with any of the insurance provisions of this Agreement;
(iii) failure by Contractor to secure such endorsements on the policies as may be necessary to carry out the terms and provisions of this Agreement; (iv) the insolvency, bankruptcy or failure of any insurance company providing insurance to
Contractor; (v) failure of any insurance company to pay any claim accruing under its policy; or (vi) losses by Contractor or any of its Subcontractors not covered by insurance policies. 

  

	F.5.	Subcontractors’ Insurance: If Contractor subcontracts any part of the Work, Contractor shall obtain or require its Subcontractors to maintain, the same insurance
coverage and amounts that Contractor is required to maintain pursuant to this Attachment F, as applicable and appropriate to the Work of such Subcontractor. 

  

 F-3 







 ATTACHMENT G 
 FORM OF CONTRACTOR’S INVOICE 
 The form Contractor’s Invoice is attached hereto. 

 

 G-1 







 SUNLAND CONSTRUCTION, INC. 
 PROCESS SCHEDULE - JOB NO. ? 
  

					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: CREOLE TRAIL PIPELINE - SEGMENT 2 PROJECT, ALTERNATIVE ROUTE SINGLE LINE OPTION	  		  	

  

																									
	 ITEM
	 	 TYPE OF WORK
	 	UNIT	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL TO
DATE	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	1.0	 	 PRE-MOBILIZATION, RIG-UP & MODIFICATION
	 		 		 			 			 		 		 		 		 		 	
	    1.1	 	 RIG-UP
	 		 		 			 			 		 		 		 		 		 	
	        1.1.A	 	 INITIAL PAYMENT (Made under the Letter of Intent)
	 	LUMP SUM	 	1	 	$	500,000.00	 	$	500,000	 		 		 		 		 		 	
	        1.1.B	 	 ONE THIRD payable in Jan 2007 invoice
	 	LUMP SUM	 	1	 	$	1,223,986.00	 	$	1,223,986	 		 		 		 		 		 	
	        1.1.C	 	 ONE THIRD payable in Feb 2007 invoice
	 	LUMP SUM	 	1	 	$	1,223,986.00	 	$	1,223,986	 		 		 		 		 		 	
	        1.1.D	 	 ONE THIRD payable in Mar 2007 invoice
	 	LUMP SUM	 	1	 	$	1,223,988.00	 	$	1,223,988	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	1.1 SUBTOTAL	 	$	4,171,960	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    1.2	 	 QUALIFICATION of Welders and Procedures
	 	LUMP SUM	 	1	 	$	1,318,000.00	 	$	1,318,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	1.0 SUBTOTAL	 	$	5,489,960	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	2.0	 	 MOBILIZATION/DEMOBILIZATION
	 		 		 			 			 		 		 		 		 		 	
	    2.1	 	 HORIZONTAL DIRECTIONAL DRILLING (“HDD”)
	 		 		 			 			 		 		 		 		 		 	
	        2.1.A	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	161,000.00	 	$	161,000	 		 		 		 		 		 	
	        2.1.B	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	161,000.00	 	$	161,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	2.1 SUBTOTAL	 	$	322,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    2.2	 	 TRENCHING & BACKFILLING
	 		 		 			 			 		 		 		 		 		 	
	        2.2.A	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	74,000.00	 	$	74,000	 		 		 		 		 		 	
	        2.2.B	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	74,000.00	 	$	74,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	2.2 SUBTOTAL	 	$	148,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    2.3	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        2.3.A	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	306,000.00	 	$	306,000	 		 		 		 		 		 	
	        2.3.B	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	306,000.00	 	$	306,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	2.3 SUBTOTAL	 	$	612,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	2.0 SUBTOTAL	 	$	1,082,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	3.0	 	 CALCASIEU RIVER (STA 13+86 to STA 62+70)
	 		 		 			 			 		 		 		 		 		 	
	    3.1	 	 HDD
	 	LUMP SUM	 	1	 	$	1,905,500.00	 	$	1,905,500	 		 		 		 		 		 	
	    3.2	 	 TRENCHING
	 	PER FOOT	 	4,884	 	$	11.05	 	$	53,976	 		 		 		 		 		 	
	    3.3	 	 BACKFILLING
	 	PER FOOT	 	4,884	 	$	7.37	 	$	35,984	 		 		 		 		 		 	
	    3.4	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        3.4.A	 	 CLEARING
	 	PER FOOT	 	4,884	 	$	15.00	 	$	73,260	 		 		 		 		 		 	
	        3.4.B	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	261,008.00	 	$	261,008	 		 		 		 		 		 	
	        3.4.C	 	 PIPE HAUL
	 	PER FOOT	 	4,884	 	$	27.00	 	$	131,868	 		 		 		 		 		 	
	        3.4.D	 	 WELDING & COATING
	 	PER FOOT	 	4,884	 	$	124.00	 	$	605,616	 		 		 		 		 		 	
	        3.4.E	 	 CUT FLOATS
	 	PER FOOT	 	4,884	 	$	22.00	 	$	107,448	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	3.4 SUBTOTAL	 	$	1,179,200	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    3.5	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	650.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	3.0 SUBTOTAL	 	$	3,174,660	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	4.0	 	 SOUTHERN MARSH TO SOUTH LAKE EXIT (STA 62+70 TO STA 153+99)
	 		 		 			 			 		 		 		 		 		 	
	    4.1	 	 TRENCHING
	 	PER FOOT	 	9,129	 	$	51.58	 	$	470,874	 		 		 		 		 		 	
	    4.2	 	 BACKFILLING
	 	PER FOOT	 	9,129	 	$	34.39	 	$	313,946	 		 		 		 		 		 	
	    4.3	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        4.3.A	 	 CLEARING
	 	PER FOOT	 	9,129	 	$	12.00	 	$	109,548	 		 		 		 		 		 	
	        4.3.B	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	601,300.00	 	$	601,300	 		 		 		 		 		 	
	        4.3.C	 	 PIPE HAUL
	 	PER FOOT	 	9,129	 	$	34.00	 	$	310,386	 		 		 		 		 		 	
	        4.3.D	 	 WELDING & COATING
	 	PER FOOT	 	9,129	 	$	180.00	 	$	1,643,220	 		 		 		 		 		 	
	        4.3.E	 	 CUT FLOATS
	 	PER FOOT	 	9,129	 	$	22.00	 	$	200,838	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	4.3 SUBTOTAL	 	$	2,865,292	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    4.4	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	400.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	4.0 SUBTOTAL	 	$	3,650,112	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	

  

 PAGE 1 OF 7 







 SUNLAND CONSTRUCTION, INC. 
 PROCESS SCHEDULE - JOB NO. ? 
  

					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: CREOLE TRAIL PIPELINE - SEGMENT 2 PROJECT, ALTERNATIVE ROUTE SINGLE LINE OPTION	  		  	

  

																									
	 ITEM
	 	 TYPE OF WORK
	 	 UNIT
	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	 TOTAL
 TO
 DATE
	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	5.0	 	 SOUTH LAKE HDD (STA 153+99 TO STA 193+99)
	 		 		 			 			 		 		 		 		 		 	
	    5.1	 	 HDD
	 	LUMP SUM	 	1	 	$	3,775,830.00	 	$	3,775,830	 		 		 		 		 		 	
	    5.2	 	 TRENCHING
	 	PER FOOT	 	4,000	 	$	18.75	 	$	75,000	 		 		 		 		 		 	
	    5.3	 	 BACKFILLING
	 	PER FOOT	 	4,000	 	$	12.50	 	$	50,000	 		 		 		 		 		 	
	    5.4	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        5.4.A	 	 CLEARING
	 	PER FOOT	 	4,000	 	$	12.00	 	$	48,000	 		 		 		 		 		 	
	        5.4.B	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	301,300.00	 	$	301,300	 		 		 		 		 		 	
	        5.4.C	 	 PIPE HAUL
	 	PER FOOT	 	4,000	 	$	34.00	 	$	136,000	 		 		 		 		 		 	
	        5.4.D	 	 WELDING & COATING
	 	PER FOOT	 	4,000	 	$	180.00	 	$	720,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	5.4 SUBTOTAL	 	$	1,205,300	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    5.5	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	1,277.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	5.0 SUBTOTAL	 	$	5,106,130	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	6.0	 	 SOUTH LAKE HDD ENTRY TO P.I. TIE-IN (STA 193+99 TO STA 233+99)
	 		 		 			 			 		 		 		 		 		 	
	    6.1	 	 TRENCHING
	 		 		 			 			 		 		 		 		 		 	
	        6.1.A	 	 FLOATATION DITCH
	 	PER FOOT	 	4,000	 	$	62.60	 	$	250,400	 		 		 		 		 		 	
	        6.1.B	 	 PIPE DITCH
	 	PER FOOT	 	4,000	 	$	51.22	 	$	204,880	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	6.1 SUBTOTAL	 	$	455,280	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    6.2	 	 BACKFILLING
	 		 		 			 			 		 		 		 		 		 	
	        6.2.A	 	 FLOATATION DITCH
	 	PER FOOT	 	4,000	 	$	41.73	 	$	166,920	 		 		 		 		 		 	
	        6.2.B	 	 PIPE DITCH
	 	PER FOOT	 	4,000	 	$	34.14	 	$	136,560	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	6.2 SUBTOTAL	 	$	303,480	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    6.3	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        6.3.A	 	 SPOIL SIGNS
	 	PER FOOT	 	4,000	 	$	19.00	 	$	76,000	 		 		 		 		 		 	
	        6.3.B	 	 PIPE HAUL
	 	PER FOOT	 	4,000	 	$	22.00	 	$	88,000	 		 		 		 		 		 	
	        6.3.C	 	 WELDING & COATING PIPE HAUL
	 	PER FOOT	 	4,000	 	$	181.00	 	$	724,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	6.3 SUBTOTAL	 	$	888,000	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    6.4	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	412.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	6.0 SUBTOTAL	 	$	1,646,760	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	7.0	 	 SOUTH LAKE P.I. TO CHOUPIQUE ISLAND HDD (STA 233+99 TO STA 1135+25)
	 		 		 			 			 		 		 		 		 		 	
	    7.1	 	 TRENCHING
	 		 		 			 			 		 		 		 		 		 	
	        7.1.A	 	 FLOATATION DITCH
	 	PER FOOT	 	90,126	 	$	62.60	 	$	5,641,888	 		 		 		 		 		 	
	        7.1.B	 	 PIPE DITCH
	 	PER FOOT	 	90,126	 	$	51.22	 	$	4,616,254	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	7.1 SUBTOTAL	 	$	10,258,141	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    7.2	 	 BACKFILLING
	 		 		 			 			 		 		 		 		 		 	
	        7.2.A	 	 FLOATATION DITCH
	 	PER FOOT	 	90,126	 	$	41.73	 	$	3,760,958	 		 		 		 		 		 	
	        7.2.B	 	 PIPE DITCH
	 	PER FOOT	 	90,126	 	$	34.14	 	$	3,076,902	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	7.2 SUBTOTAL	 	$	6,837,860	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    7.3	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        7.3.A	 	 SPOIL SIGNS
	 	PER FOOT	 	90,126	 	$	19.00	 	$	1,712,394	 		 		 		 		 		 	
	        7.3.B	 	 PIPE HAUL
	 	PER FOOT	 	90,126	 	$	22.00	 	$	1,982,772	 		 		 		 		 		 	
	        7.3.C	 	 WELDING & COATING PIPE HAUL
	 	PER FOOT	 	90,126	 	$	181.00	 	$	16,312,806	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	7.3 SUBTOTAL	 	$	20,007,972	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    7.4	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	412.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	7.0 SUBTOTAL	 	$	37,103,973	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	8.0	 	 CHOUPIQUE ISLAND HDD (STA 1135+25 TO STA 1184+38)
	 		 		 			 			 		 		 		 		 		 	
	    8.1	 	 HDD
	 	LUMP SUM	 	1	 	$	3,949,300.00	 	$	3,949,300	 		 		 		 		 		 	
	    8.2	 	 TRENCHING
	 	PER FOOT	 	4,913	 	$	6.11	 	$	30,000	 		 		 		 		 		 	
	    8.3	 	 BACKFILLING
	 	PER FOOT	 	4,913	 	$	4.07	 	$	20,000	 		 		 		 		 		 	
	    8.4	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 		 		 		 	
	        8.4.A	 	 CLEARING
	 	PER FOOT	 	4,913	 	$	18.00	 	$	88,434	 		 		 		 		 		 	
	        8.4.B	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	478,413.00	 	$	478,413	 		 		 		 		 		 	
	        8.4.C	 	 PIPE HAUL
	 	PER FOOT	 	4,913	 	$	27.00	 	$	132,651	 		 		 		 		 		 	
	        8.4.D	 	 WELDING & COATING
	 	PER FOOT	 	4,913	 	$	132.00	 	$	648,516	 		 		 		 		 		 	
	        8.4.E	 	 CUT FLOATS
	 	PER FOOT	 	4,913	 	$	22.00	 	$	108,086	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	8.4 SUBTOTAL	 	$	1,456,100	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
	    8.5	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	1,110.00	 			 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	
		 		 		 		 	 	8.0 SUBTOTAL	 	$	5,455,400	 		 		 		 		 		 	
		 		 		 		 	 	 	 	 	 	 		 		 		 		 		 	

  

 PAGE 2 OF 7 







 SUNLAND CONSTRUCTION, INC. 
 PROCESS SCHEDULE - JOB NO. ? 
  

					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: CREOLE TRAIL PIPELINE - SEGMENT 2 PROJECT, ALTERNATIVE ROUTE SINGLE LINE OPTION	  		  	

  

																													
	 ITEM
	 	 TYPE OF WORK
	 	 UNIT
	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	 TOTAL
TO
 DATE
	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	9.0	 	 NORTH MARSH TO UPLAND (STA 1184+38 TO STA 1248+67)
	 		 		 			 			 		 		 			 			 			 		
	    9.1	 	 TRENCHING
	 	PER FOOT	 	6,429	 	$	20.97	 	$	134,820	 		 		 			 			 			 		
	    9.2	 	 BACKFILLING
	 	PER FOOT	 	6,429	 	$	13.98	 	$	89,880	 		 		 			 			 			 		
	    9.3	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 		 		 			 			 			 		
	        9.3.A	 	 CLEARING
	 	PER FOOT	 	6,429	 	$	12.00	 	$	77,148	 		 		 			 			 			 		
	        9.3.B	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	374,928.00	 	$	374,928	 		 		 			 			 			 		
	        9.3.C	 	 PIPE HAUL
	 	PER FOOT	 	6,429	 	$	27.00	 	$	173,583	 		 		 			 			 			 		
	        9.3.D	 	 WELDING & COATING
	 	PER FOOT	 	6,429	 	$	107.00	 	$	687,903	 		 		 			 			 			 		
	        9.3.E	 	 CUT FLOATS
	 	PER FOOT	 	6,429	 	$	22.00	 	$	141,438	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	9.3 SUBTOTAL	 	$	1,455,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	    9.4	 	 PLUS OR MINUS UNIT RATE
	 	PER FOOT	 		 	$	261.00	 			 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	9.0 SUBTOTAL	 	$	1,679,700	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	10	 	 TESTING
	 		 		 			 			 		 		 			 			 			 		
	    10.1	 	 HYDROSTATIC TESTING
	 	LUMP SUM	 	1	 	$	479,000.00	 	$	479,000	 		 		 			 			 			 		
	    10.2	 	 DRYING
	 	LUMP SUM	 	1	 	$	269,000.00	 	$	269,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	10.0 SUBTOTAL	 	$	748,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	11.0	 	 PIPELINE TIE-INS
	 		 		 			 			 		 		 			 			 			 		
	    11.1	 	 TIE-IN NEAR STA 38+36, HDD ENTRY
	 	LUMP SUM	 	1	 	$	180,000.00	 	$	180,000	 		 		 			 			 			 		
	    11.2	 	 TIE-IN AT STA 62+70, P.I.
	 	LUMP SUM	 	1	 	$	362,000.00	 	$	362,000	 		 		 			 			 			 		
	    11.3	 	 TIE-IN NEAR STA 153+98, HDD EXIT
	 	LUMP SUM	 	1	 	$	90,000.00	 	$	90,000	 		 		 			 			 			 		
	    11.4	 	 TIE-IN NEAR STA 193+98, HDD ENTRY
	 	LUMP SUM	 	1	 	$	560,000.00	 	$	560,000	 		 		 			 			 			 		
	    11.5	 	 TIE-IN AT STA 233+99, P.I.
	 	LUMP SUM	 	1	 	$	288,000.00	 	$	288,000	 		 		 			 			 			 		
	    11.6	 	 TIE-IN NEAR STA 391+34, 16” PIPELINE
	 	LUMP SUM	 	1	 	$	144,000.00	 	$	144,000	 		 		 			 			 			 		
	    11.7	 	 TIE-INS AT STA 1132+25 AND 1135+25, CHOUPIQUE ISLAND
	 	LUMP SUM	 	1	 	$	990,000.00	 	$	990,000	 		 		 			 			 			 		
	    11.8	 	 TIE-IN NEAR STA 1184+38, MARSH
	 	LUMP SUM	 	1	 	$	90,000.00	 	$	90,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	11.0 SUBTOTAL	 	$	2,704,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	12.0	 	 MAIN LINE VALVE ASSEMBLY
	 		 		 			 			 		 		 			 			 			 		
	    12.1	 	 MAIN LINE VALVE FABRICATION
	 	LUMP SUM	 	1	 	$	205,000.00	 	$	205,000	 		 		 			 			 			 		
	    12.2	 	 MAIN LINE VALVE INSTALLATION
	 	LUMP SUM	 	1	 	$	765,000.00	 	$	765,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	12.0 SUBTOTAL	 	$	970,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	13.0	 	 PIPELINE CROSSINGS
	 		 		 			 			 		 		 			 			 			 		
	    13.1	 	 16” PIPELINE CROSSING STA 391+34
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 		 		 			 			 			 		
	    13.2	 	 30” PIPELINE CROSSING STA 422+22
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 		 		 			 			 			 		
	    13.3	 	 36” PIPELINE CROSSING STA 423+66
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	13.0 SUBTOTAL	 	$	117,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	14.0	 	 MISCELLANEOUS RATES.
	 		 		 			 			 		 		 			 			 			 		
	    14.1	 	 TURBIDITY CURTAIN - INSTALL MAINTAIN & REMOVE
	 	PER 100 FEET	 	14,100	 	$	4,500.00	 	$	634,500	 		 		 			 			 			 		
	    14.2	 	 SILT FENCE
	 		 		 			 			 		 		 			 			 			 		
	        14.2.A	 	 SILT FENCE – Install and maintain
	 	PER 100 FEET	 	7,100	 	$	800.00	 	$	56,800	 		 		 			 			 			 		
	        14.2.B	 	 SILT FENCE - Remove
	 	PER 100 FEET	 	7,100	 	$	200.00	 	$	14,200	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	14.2 SUBTOTAL	 	$	71,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
	    14.3	 	 BUILDERS RISK
	 	LUMP SUM	 	1	 	 	TBD	 			 		 		 			 			 			 		
	    14.4	 	 PAYMENT & PERFORMANCE BOND
	 	LUMP SUM	 	1	 	$	445,000.00	 	$	445,000	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 		 	 	14.0 SUBTOTAL	 	$	1,150,500	 		 		 			 			 			 		
		 		 		 		 	 	 	 	 	 	 		 		 			 			 			 		
		 		 		 	ESTIMATED CONTRACT PRICE	 	$	70,078,195	 		 	AMOUNT EARNED	 			 	$	—  	 	$	—  	 	$	—  
		 		 		 		 			 			 		 	RETAINAGE	 	5	%	 	$	—  	 	$	—  	 	$	—  
		 		 		 		 			 			 		 		 			 	 	 	 	 	 	 	 	 
	 ACCEPTED BY:
	 		 		 			 			 	EARNED LESS RETAINAGE	 			 	$	—  	 	$	—  	 	$	—  
									
	 _________________________________________
	 	__________	 			 			 		 			 			 			 		
	 CONTRACTOR REPRESENTATIVE
	 	DATE	 			 			 	TOTAL DUE THIS INVOICE	 			 	$	 	 			 	 	—  
		 		 		 		 			 			 		 		 			 	 	 	 			 	 	 
									
	 _________________________________________
	 	__________	 			 			 		 			 			 			 		
	 OWNER REPRESENTATIVE
	 	DATE	 			 			 		 		 			 			 			 		

  

 PAGE 3 OF 7 








					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: SEGMENT 2 - PIPELINE INSTALLATION AT CALCASIEU LAKE	  		  	

  

																													
	 ITEM
	 	 TYPE OF WORK
	 	UNIT	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	 	PREVIOUSLY
REPORTED	 	TOTAL TO
DATE	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	 1.1
	 	 PRE-MOB RIG UP & MODIFICATION
	 		 		 			 			 			 		 		 			 			 		
	 1.1A
	 	 INITIAL PAYMENT
	 	LUMP SUM	 	1	 	$	500,000.00	 	$	500,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 1.1B
	 	 ONE THIRD
	 	LUMP SUM	 	1	 	$	1,223,986.00	 	$	1,223,986	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 1.1C
	 	 ONE THIRD
	 	LUMP SUM	 	1	 	$	1,223,986.00	 	$	1,223,986	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 1.1D
	 	 ONE THIRD
	 	LUMP SUM	 	1	 	$	1,223,988.00	 	$	1,223,988	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	4,171,960	 			 		 		 			 			 		
		 	MOBILIZATION DEMOBILIZATION	 		 		 			 			 			 		 		 			 			 		
	 2.1.A
	 	 HORIZONTAL DIRECTIONAL DRILLING (HDD)
	 		 		 			 			 			 		 		 			 			 		
	 2.1.A.1
	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	161,000.00	 	$	161,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.1.A.2
	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	161,000.00	 	$	161,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	322,000	 			 		 		 			 			 		
	 2.1.B
	 	 TRENCHING & BACKFILLING
	 		 		 			 			 			 		 		 			 			 		
	 2.1.B.1
	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	74,000.00	 	$	74,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.1.B.2
	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	74,000.00	 	$	74,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	148,000	 			 		 		 			 			 		
	 2.1.C
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 2.1.C.1
	 	 MOBILIZATION
	 	LUMP SUM	 	1	 	$	306,000.00	 	$	306,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.1.C.2
	 	 DEMOBILIZATION
	 	LUMP SUM	 	1	 	$	306,000.00	 	$	306,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	612,000	 			 		 		 			 			 		
	 2.1.D
	 	 QUALIFY WELDERS & PROCEDURES
	 	LUMP SUM	 	1	 	$	1,318,000.00	 	$	1,318,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
		 	CALCASIEU RIVER DRILL INSTALLATION (STA 13+86 TO STA 62+70)	 	4,884	 		 			 			 			 		 		 			 			 		
	 2.2.1.A
	 	 HDD
	 	LUMP SUM	 	1	 	$	1,905,500.00	 	$	1,905,500	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.B.1
	 	 TRENCHING
	 	PER FOOT	 	4,884	 	$	11.05	 	$	53,976	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.B.2
	 	 BACKFILLING
	 	PER FOOT	 	4,884	 	$	7.37	 	$	35,984	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.C
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 2.2.1.C.1
	 	 CLEARING
	 	PER FOOT	 	4,884	 	$	15.00	 	$	73,260	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.C.2
	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	261,008.00	 	$	261,008	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.C.3
	 	 PIPE HAUL
	 	PER FOOT	 	4,884	 	$	27.00	 	$	131,868	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.C.4
	 	 WELDING & COATING
	 	PER FOOT	 	4,884	 	$	124.00	 	$	605,616	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 2.2.1.C.5
	 	 CUT FLOATS
	 	PER FOOT	 	4,884	 	$	22.00	 	$	107,448	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	3,174,660	 			 		 		 			 			 		
	 2.2.1.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	650	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	SOUTHERN MARSH TO SOUTH LAKE DRILL EXIT INSTALLATION (STA 62+70 TO STA 153+99)	 	9,129	 		 			 			 			 		 		 			 			 		
	 3.2.1.A.1
	 	 TRENCHING
	 	PER FOOT	 	9,129	 	$	51.58	 	$	470,874	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.1.A.2
	 	 BACKFILLING
	 	PER FOOT	 	9,129	 	$	34.39	 	$	313,946	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.1B
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 3.2.1.B.1
	 	 CLEARING
	 	PER FOOT	 	9,129	 	$	12.00	 	$	109,548	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.1.B.2
	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	601,300.00	 	$	601,300	 	0	%	 		 		 			 			 		
	 3.2.1.B.3
	 	 PIPE HAUL
	 	PER FOOT	 	9,129	 	$	34.00	 	$	310,386	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.1.B.4
	 	 WELDING & COATING
	 	PER FOOT	 	9,129	 	$	180.00	 	$	1,643,220	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.1.B.5
	 	 CUT FLOATS
	 	PER FOOT	 	9,129	 	$	22.00	 	$	200,838	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	3,650,112	 			 		 		 			 			 		

  

 PAGE 4 OF 7 








					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	CONTRACT NO.:	  	PERIOD ENDING: 	  	January 31, 2007
	PROJECT DESCRIPTION: SEGMENT 2 - PIPELINE INSTALLATION AT CALCASIEU LAKE	  		  	

  

																													
	 ITEM
	 	 TYPE OF WORK
	 	UNIT	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	 	PREVIOUSLY
REPORTED	 	TOTAL TO
DATE	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	 3.2.1.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	400	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	 SOUTH LAKE DIRECTIONAL DRILL INSTALLATION (STA 153+99 TO STA 193+99)
	 	4,000	 		 			 			 			 		 		 			 			 		
	 3.2.3.A
	 	 HDD
	 	LUMP SUM	 	1	 	$	3,775,830.00	 	$	3,775,830	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.B
	 	 TRENCHING
	 	PER FOOT	 	4,000	 	$	18.75	 	$	75,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.C
	 	 BACKFILLING
	 	PER FOOT	 	4,000	 	$	12.50	 	$	50,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.D
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 3.2.3.D.1
	 	 CLEARING
	 	PER FOOT	 	4,000	 	$	12.00	 	$	48,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.D.2
	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	301,300.00	 	$	301,300	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.D.3
	 	 PIPE HAUL
	 	PER FOOT	 	4,000	 	$	34.00	 	$	136,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.3.D.4
	 	 WELDING & COATING
	 	PER FOOT	 	4,000	 	$	180.00	 	$	720,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	5,106,130	 			 		 		 			 			 		
	 3.2.3.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	1,277	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	 SOUTH LAKE DRILL ENTRY TO P.I. INSTALLATION (STA 193+99 TO STA 233+99)
	 	4,000	 		 			 			 			 		 		 			 			 		
	 3.2.4.A
	 	 TRENCHING
	 		 		 			 			 			 		 		 			 			 		
	 3.2.4.A.1
	 	 FLOATATION
	 	PER FOOT	 	4,000	 	$	62.60	 	$	250,400	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.A.2
	 	 PIPE DITCH
	 	PER FOOT	 	4,000	 	$	51.22	 	$	204,880	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.B
	 	 BACKFILLING
	 		 		 			 			 			 		 		 			 			 		
	 3.2.4.B.1
	 	 FLOATATION
	 	PER FOOT	 	4,000	 	$	41.73	 	$	166,920	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.B.2
	 	 PIPE DITCH
	 	PER FOOT	 	4,000	 	$	34.14	 	$	136,560	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.C
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 3.2.4.C.1
	 	 SPOIL SIGNS
	 	PER FOOT	 	4,000	 	$	19.00	 	$	76,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.C.2
	 	 PIPE HAUL
	 	PER FOOT	 	4,000	 	$	22.00	 	$	88,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.4.C.3
	 	 WELDING & COATING
	 	PER FOOT	 	4,000	 	$	181.00	 	$	724,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	1,646,760	 			 		 		 			 			 		
	 3.2.4.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	412	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	 CALCASIEU LAKE P.I. TO CHOUPIQUE ISLAND INSTALLATION (STA 233+99 TO STA 1135+25)
	 	90,126	 		 			 			 			 		 		 			 			 		
	 3.2.5.A
	 	 TRENCHING
	 		 		 			 			 			 		 		 			 			 		
	 3.2.5.A.1
	 	 FLOATATION
	 	PER FOOT	 	90,126	 	$	62.60	 	$	5,641,888	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.A.2
	 	 PIPE DITCH
	 	PER FOOT	 	90,126	 	$	51.22	 	$	4,616,254	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.B
	 	 BACKFILLING
	 		 		 			 			 			 		 		 			 			 		
	 3.2.5.B.1
	 	 FLOATATION
	 	PER FOOT	 	90,126	 	$	41.73	 	$	3,760,958	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.B.2
	 	 PIPE DITCH
	 	PER FOOT	 	90,126	 	$	34.14	 	$	3,076,902	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.C
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 3.2.5.C.1
	 	 SPOIL SIGNS
	 	PER FOOT	 	90,126	 	$	19.00	 	$	1,712,394	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.C.2
	 	 PIPE HAUL
	 	PER FOOT	 	90,126	 	$	22.00	 	$	1,982,772	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 3.2.5.C.3
	 	 WELDING & COATING
	 	PER FOOT	 	90,126	 	$	181.00	 	$	16,312,806	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	37,103,973	 			 		 		 			 			 		
	 3.2.5.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	412	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	 CHOUPIQUE ISLAND DRILL INSTALLATION (STA 1135+25 TO STA 1184+38)
	 	4,913	 		 			 			 			 		 		 			 			 		
		 	 INSTALLATION (STA 1135+25 to STA 1184+38)
	 		 		 			 			 			 		 		 			 			 		
	 4.2.1A
	 	 HDD
	 	LUMP SUM	 	1	 	$	3,949,300.00	 	$	3,949,300	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.B.1
	 	 TRENCHING
	 	PER FOOT	 	4,913	 	$	6.11	 	$	30,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.B.2
	 	 BACKFILLING
	 	PER FOOT	 	4,913	 	$	4.07	 	$	20,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.C
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 4.2.1.C.1
	 	 CLEARING
	 	PER FOOT	 	4,913	 	$	18.00	 	$	88,434	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.C.2
	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	478,413.00	 	$	478,413	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.C.3
	 	 PIPE HAUL
	 	PER FOOT	 	4,913	 	$	27.00	 	$	132,651	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.C.4
	 	 WELDING & COATING
	 	PER FOOT	 	4,913	 	$	132.00	 	$	648,516	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 4.2.1.C.5
	 	 CUT FLOATS
	 	PER FOOT	 	4,913	 	$	22.00	 	$	108,086	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	5,455,400	 			 		 		 			 			 		

  

 PAGE 5 OF 7 








					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: SEGMENT 2 - PIPELINE INSTALLATION AT CALCASIEU LAKE	  		  	

  

																													
	 ITEM
	 	 TYPE OF WORK
	 	UNIT	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	 	PREVIOUSLY
REPORTED	 	TOTAL TO
DATE	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	 4.2.1.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	1,110	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	 NORTHERN MARSH TO UPLAND INSTALLATION (STA 1184+38 to STA 1248+67)
	 	6,429	 		 			 			 			 		 		 			 			 		
	 5.2.1.A.1
	 	 TRENCHING
	 	PER FOOT	 	6,429	 	$	20.97	 	$	134,820	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.A.2
	 	 BACKFILLING
	 	PER FOOT	 	6,429	 	$	13.98	 	$	89,880	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.B
	 	 ALL OTHER PIPELAY SERVICES
	 		 		 			 			 			 		 		 			 			 		
	 5.2.1.B.1
	 	 CLEARING
	 	PER FOOT	 	6,429	 	$	12.00	 	$	77,148	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.B.2
	 	 SITE WORK
	 	LUMP SUM	 	1	 	$	374,928.00	 	$	374,928	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.B.3
	 	 PIPE HAUL
	 	PER FOOT	 	6,429	 	$	27.00	 	$	173,583	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.B.4
	 	 WELDING & COATING
	 	PER FOOT	 	6,429	 	$	107.00	 	$	687,903	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.2.1.B.5
	 	 CUT FLOATS
	 	PER FOOT	 	6,429	 	$	22.00	 	$	141,438	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 SUB
	 		 		 		 			 	$	1,679,700	 			 		 		 			 			 		
	 5.2.1.3
	 	 PLUS OR MINUS UNIT RATE
	 		 		 			 	$	261	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.3
	 	 FILL, TEST AND DEWATER
	 	LUMP SUM	 	1	 	$	479,000.00	 	$	479,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 5.4
	 	 DRY PIPELINE TO MINUS 40 DEGREES FAHRENHEIT
	 	LUMP SUM	 	1	 	$	269,000.00	 	$	269,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.1
	 	 TIE IN STATION 38+36 HDD ENTRY
	 	LUMP SUM	 	1	 	$	180,000.00	 	$	180,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.2
	 	 TIE IN STATION 62+70 P.I.
	 	LUMP SUM	 	1	 	$	362,000.00	 	$	362,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.3
	 	 TIE IN STATION 153+98 HDD EXIT
	 	LUMP SUM	 	1	 	$	90,000.00	 	$	90,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.4
	 	 TIE IN STATION 193+99 HDD ENTRY
	 	LUMP SUM	 	1	 	$	560,000.00	 	$	560,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.5
	 	 TIE IN STATION 233+99 P.I.
	 	LUMP SUM	 	1	 	$	288,000.00	 	$	288,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.6
	 	 TIE IN STATION 391+34 16” PIPELINE
	 	LUMP SUM	 	1	 	$	144,000.00	 	$	144,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.7
	 	 TIE IN STATION 1132+25 AND 1135+25 CHOUPIQUE ISLAND
	 	LUMP SUM	 	1	 	$	990,000.00	 	$	990,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 6.8
	 	 TIE IN STATION 1184+38 MARSH
	 	LUMP SUM	 	1	 	$	90,000.00	 	$	90,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 7.1.1
	 	 MAIN LINE VALVE FABRICATION
	 	LUMP SUM	 	1	 	$	205,000.00	 	$	205,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 7.1.2
	 	 MAIN LINE VALVE INSTALLATION
	 	LUMP SUM	 	1	 	$	765,000.00	 	$	765,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 8.1.1
	 	 16” PIPELINE CROSSING STA 391+34 LINE 1
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 8.1.2
	 	 30” PIPELINE CROSSING STA 422+22 LINE 1
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 8.1.3
	 	 36” PIPELINE CROSSING STA 423+66 LINE 1
	 	LUMP SUM	 	1	 	$	39,000.00	 	$	39,000	 	0	%	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.5
	 	 TURBIDITY CURTAIN INSTALL MAINTAIN & REMOVE
	 	PER 100 FEET	 	14,100	 	$	4,500.00	 	$	634,500	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.6A
	 	 SILT FENCE INSTALL & MAINTAIN
	 	PER 100 FEET	 	7,100	 	$	800.00	 	$	56,800	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.6B
	 	 SILT FENCE REMOVE
	 	PER 100 FEET	 	7,100	 	$	200.00	 	$	14,200	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 11.1
	 	 BUILDERS RISK
	 	LUMP SUM	 	1	 	 	TBD	 	 	TBD	 	0	 	 		 		 			 			 		
	 11.2
	 	 PAYMENT & PERFORMANCE BOND
	 	LUMP SUM	 	1	 	 	445,000.00	 	$	445,000	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
		 	ESTIMATED CONTRACT TOTALS	 	123,481	 		 			 	$	70,078,195	 			 		 		 			 			 		
		 	 SCHEDULE D-3: PRICING FOR CHANGE ORDERS
	 		 		 			 			 			 		 		 			 			 		
	 10.1A
	 	 HDD SPREAD WORKING
	 	PER HOUR	 	0	 	$	7,549.00	 	$	7,549	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.1B
	 	 HDD SPREAD STANDBY IN FIELD
	 	PER HOUR	 	0	 	$	7,322.00	 	$	7,322	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.1C
	 	 HDD SPREAD STANDBY AT DOCK
	 	PER HOUR	 	0	 	$	6,480.00	 	$	6,480	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.1D
	 	 HDD SPREAD STANDBY OFF-SITE
	 	PER HOUR	 	0	 	$	5,638.00	 	$	5,638	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.2A
	 	 DREDGE & BACKFILL WORKING
	 	PER HOUR	 	0	 	$	1,527.00	 	$	1,527	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.2B
	 	 DREDGE & BACKFILL STANDBY IN FIELD
	 	PER HOUR	 	0	 	$	1,427.00	 	$	1,427	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.2C
	 	 DREDGE & BACKFILL STANDBY AT DOCK
	 	PER HOUR	 	0	 	$	1,427.00	 	$	1,427	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.2D
	 	 DREDGE & BACKFILL STANDBY OFF-SITE
	 	PER HOUR	 	0	 	$	1,427.00	 	$	1,427	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.3A
	 	 LAY BARGE INCLUDING PIPE HAUL WORKING
	 	PER HOUR	 	0	 	$	10,372.00	 	$	10,372	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.3B
	 	 LAY BARGE INCLUDING PIPE HAUL STANDBY IN FIELD
	 	PER HOUR	 	0	 	$	9,857.00	 	$	9,857	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.3C
	 	 LAY BARGE INCLUDING PIPE HAUL STANDBY AT DOCK
	 	PER HOUR	 	0	 	$	9,350.00	 	$	9,350	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  
	 10.3D
	 	 LAY BARGE INCLUDING PIPE HAUL STANDBY OFF-SITE
	 	PER HOUR	 	0	 	$	8,843.00	 	$	8,843	 	0	 	 		 		 	$	—  	 	$	—  	 	$	—  

  

 PAGE 6 OF 7 








					
	 CLIENT: CHENIERE CREOLE TRAIL PIPELINE, L.P.
	  	ESTIMATE NO.:	  	1
	 CONTRACT NO.:
	  	PERIOD ENDING:	  	January 31, 2007
	PROJECT DESCRIPTION: SEGMENT 2 - PIPELINE INSTALLATION AT CALCASIEU LAKE	  		  	

  

																													
	 ITEM
	 	 TYPE OF WORK
	 	UNIT	 	ESTIMATED
MEASURED
QUANTITY	 	FIXED UNIT
PRICE OR LUMP
SUM AMOUNT
FOR LUMP SUM
WORK	 	ESTIMATED
TOTAL PRICE
FOR UNIT
PRICE WORK	 	COMPLETED (%, QUANTITY OR FOOTAGE)	 	 	AMOUNT
	 	 	 	 	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL TO
DATE	 	 	THIS
PERIOD	 	PREVIOUSLY
REPORTED	 	TOTAL
TO
DATE
	 10.4A
	 	HYDROTEST SPREAD WORKING	 	PER HOUR	 	0	 	$	4,042.00	 	$	4,042	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 10.4B
	 	HYDROTEST SPREAD STANDBY IN FIELD	 	PER HOUR	 	0	 	$	3,941.00	 	$	3,941	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 10.4C
	 	HYDROTEST SPREAD STANDBY AT DOCK	 	PER HOUR	 	0	 	$	3,941.00	 	$	3,941	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 10.4D
	 	HYDROTEST SPREAD STANDBY OFF-SITE	 	PER HOUR	 	0	 	$	3,941.00	 	$	3,941	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 6.9
	 	TIE IN STATION (ANY ADDITIONAL TIE IN)	 	EACH	 	0	 	$	288,000.00	 	$	288,000	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 8.1.4
	 	ADDITIONAL PIPELINE CROSSING	 	EACH	 	0	 	$	39,000.00	 	$	39,000	 	0	 		 			 	$	—  	 	$	—  	 	$	—  
	 10.7
	 	HOURLY WORK IN EAST HACKBERRY FIELD	 		 		 			 	 	T&M	 		 		 			 			 			 		
										
	 ACCEPTED BY:
	 		 		 			 			 	AMOUNT
EARNED	 			 	$	—  	 	$	—  	 	$	—  
		 		 		 		 			 			 	RETAINAGE	 	5	%	 	$	—  	 	$	—  	 	$	—  
		 		 		 		 			 			 		 		 			 	 	 	 	 	 	 	 	 
	  	 		 	  	  	 			 	EARNED LESS
RETAINAGE	 			 	$	—  	 	$	—  	 	$	—  
									
	COMPANY REPRESENTATIVE	 		 	 	DATE	 			 	TOTAL DUE
THIS INVOICE	 			 	$	—  	 			 	 	—  
		 		 		 		 			 			 		 		 			 	 	 	 	 	 	 	 	 

  

 PAGE 7 OF 7 







 ATTACHMENT H 
 FORM OF PAYMENT AND PERFORMANCE BONDS 
  

 H-1 







 SCHEDULE H-1 
 PAYMENT BOND 
 Bond No.
                                 
 KNOW ALL MEN BY THESE PRESENTS, that Sunland Construction, Inc. (hereinafter “Principal”) and
                    , incorporated in the state of
                     and duly authorized to do business in Louisiana, (hereinafter “Surety”), are held and firmly bound unto
Cheniere Creole Trail Pipeline, L.P. (hereinafter “Obligee”), and its representatives, successors and assigns, in the sum of
                     Dollars
($                    ) for the payment of which sum well and truly to be made the said Principal and Surety bind themselves, and their
respective heirs, administrators, executors, successors and assigns jointly and severally, firmly by these presents. 
 WHEREAS, Principal has been
awarded a contract with Obligee for the Project known as the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (hereinafter called the “Contract”) and which Contract is hereby referred to and incorporated by
express reference as if fully set forth herein. 
 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make
payment in full to all persons or entities supplying labor, material, services, utilities and equipment, or any other things in the prosecution of the work provided for in said Contract, and any and all modifications of said Contract that may
hereafter be made, and shall indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs and attorneys’ fees, which the said Obligee may sustain by reason of Principal’s failure to do so,
then this obligation shall be null and void; otherwise it shall remain in full force and effect. 
 The Surety agrees that no change, extension of time,
alteration, addition, omission, waiver, or other modification of the terms of either the Contract or in the work to be performed, or in the specifications, or in the plans, or in the contract documents, or any forbearance on the part of either the
Obligee or Principal to the other, shall in any way affect its obligation on this Bond, and Surety does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, waivers, or other modifications. 
 The Principal and the Surety agree that this Bond shall inure to the benefit of all persons or entities as supplying labor, material, services, utilities and equipment,
or any other things in the prosecution of the work provided for in said Contract, as well as to the Obligee, and that any of such persons or entities may maintain independent actions upon this Bond in the name of the person or entities bringing any
such action. 
 The parties executing this Bond on behalf of Principal and Surety represent and warrant that they are duly authorized to bind the Principal
and Surety respectively. 
 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this
             day of                     ,
200     the name and corporate seal of each corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

  

 H-2 








			
	PRINCIPAL:
	  
		
	By:	 	  
	Title:	 	  
	  
	  
	  
	(Principal’s Address)


  

	
	Witness
	
	   
	Or Secretary’s Attest
	[SEAL]

  

			
	SURETY:
	  
		
	By:	 	  
	Title:	 	  
	  
	  
	  
	(Surety’s Address)


  

	
	Witness.
	
	   
	Or Secretary’s Attest
	[SEAL]

  

	
	 [Attach Power of Attorney executed by
 attorney-in-fact
on behalf of Surety]



  

 H-3 







 SCHEDULE H-2 
 PERFORMANCE BOND 
 Bond No.
                     
 KNOW ALL MEN BY
THESE PRESENTS, that Sunland Construction, Inc. (hereinafter “Principal”) and                     , incorporated in the state of
                     and duly authorized to do business in Louisiana (hereinafter “Surety”), are held and firmly bound unto Cheniere
Creole Trail Pipeline, L.P. Company (hereinafter “Obligee”), and its representatives, successors and assigns, in the sum of              Dollars
($            ) for the payment of which sum well and truly to be made the said Principal and Surety bind themselves, and their respective heirs, administrators, executors,
successors and assigns jointly and severally, firmly by these presents. 
 WHEREAS, Principal has been awarded a contract with Obligee for the project
known as the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (hereinafter called the “Contract”) and which Contract is hereby referred to and incorporated by express reference as if fully set forth herein.

 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly perform all the work,
undertakings, covenants, terms, conditions, and agreements of said Contract within the time provided therein and any extensions thereof that may be granted by Obligee, and during the life of any obligation, guaranty or warranty required under said
Contract, and shall also well and truly perform all the undertakings, covenants, terms, conditions, and agreements of any and all modifications of said Contract that may hereafter be made, and shall indemnify and save harmless said Obligee of and
from any and all loss, damage, and expense, including costs and attorneys’ fees, which the Obligee may sustain by reason of Principal’s failure to do so, then this obligation shall be null and void; otherwise it shall remain in full force
and effect. 
 The Surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other modification of the terms of either the
Contract or in the work to be performed, or in the specifications, or in the plans, or in the contract documents, or any forbearance on the part of either the Obligee or Surety to the other, shall in any way affect said Surety’s obligation on
this Bond, and said Surety does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, waivers, or other modifications. The parties executing this Bond on behalf of Principal and Surety represent and warrant
that they are duly authorized to bind the Principal and Surety respectively. 
 Any claim or suit on this Bond shall be instituted within one (1) year
after substantial completion of the project. 
 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this
             day of                     ,
200    , the name and corporate seal of each corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

  

 H-4 








			
	PRINCIPAL:
	  
		
	By:	 	  
	Title:	 	  
	  
	  
	  
	(Principal’s Address)


  

	
	Witness
	
	   
	Or Secretary’s Attest
	[SEAL]

  

			
	SURETY:
	  
		
	By:	 	  
	Title:	 	  
	  
	  
	  
	(Surety’s Address)


  

	
	Witness.
	
	   
	Or Secretary’s Attest
	[SEAL]

  

	
	 [Attach Power of Attorney executed by
 attorney-in-fact
on behalf of Surety]



  

 H-5 







 ATTACHMENT I 
 FORM OF LIEN AND CLAIM WAIVERS 
  

 I-1 







 SCHEDULE I-1 
 CONTRACTOR’S INTERIM LIEN AND CLAIM WAIVER 
 (To be executed by Contractor with each invoice
other than the final invoice) 
 STATE OF LOUISIANA 
 PARISH OF
                                 
 The undersigned, Sunland Construction, Inc. (“Contractor”), has been engaged under a Pipeline Construction Contract with Cheniere Creole Trail Pipeline, L.P.
(“Owner”), to furnish certain materials, equipment, services, and/or labor for the project known as the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (the “Project”), which is located in
                             and described in more detail as follows: 
                                       
                                        
                                        
                                   (the “Property”). 

Upon receipt of the sum of
U.S.$                             (amount in invoice submitted with this Interim Lien and Claim
Waiver), Contractor waives and releases any and all liens or claims of liens against the Project and the Property for payments up to and including
                    . Exceptions as follows: 
  

	
	  
	  
	(if no exception entry or “none” is entered above, Contractor shall be deemed not to have reserved any claim.)

 Contractor represents that all Subcontractors, Sub-subcontractors and employees of Contractor have been paid for
all work, materials, equipment, services, labor and any other items performed or provided through                     ,
20     (date of last payment) for the Project. Exceptions as follows: 
                                       
                                        
                                        
                                      . 
 (if no exception entry or “none” is entered above, all such payments have been made ) 
 This Interim Lien and Claim Waiver is freely and voluntarily given and Contractor acknowledges and represents that it has fully reviewed the terms and conditions of this Interim Lien and Claim Waiver, that it is fully
informed with respect to the legal effect of this Interim Lien and Claim Waiver, that it has voluntarily chosen to accept the terms and conditions of this Interim Lien and Claim Waiver in return for the payment recited above. 
  

									
	FOR CONTRACTOR:	 		 	
	Applicable to Invoice(s) No.         	 		 	
				
	Signed: 	 	  	 		 	(SEAL)
	By:	 	  	 		 		 	
	Title:	 	  	 		 		 	
	Date:	 	  	 		 		 	

 AFFIDAVIT 
 On this      day of                     ,
20    , before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of Contractor and that this document was signed under oath
personally and on behalf of Contractor. 
  

	
	
	   
	Notary Public
	My term expires (date):                     

  

 I-2 







 SCHEDULE I-2 
 SUB CONTRACTOR’S INTERIM LIEN AND CLAIM WAIVER 
 (To be executed by Subcontractor with each
invoice other than the final invoice) 
 STATE OF LOUISIANA 
 PARISH OF                                  
 The undersigned,
                                        
(“Subcontractor”) who has, under an agreement with Sunland Construction, Inc. (“Contractor”), furnished certain materials, equipment, services, and/or labor for the project known as the Creole Trail Pipeline - Segment 2 Project,
Alternate Route Single Line Option, which is located in
                                 and described in more detail as follows:

                                       
                                        
                                        
                                   (the “Property”). 

Upon receipt of the sum of
U.S.$                             (“Current Payment”), Subcontractor waives and releases any
and all liens or claims of liens against the Project and the Property and all claims, demands, actions, causes of action or other rights at law, in contract, tort, equity or otherwise that Subcontractor has or may have against Cheniere Creole Trail
Pipeline, L.P. (“Owner”) and Contractor for payment up to and including                     . Exceptions as follows: 
                                       
                                        
                                        
                                        
                                        
              . 
 (if no exception entry or “none” is entered above,
Subcontractor shall be deemed not to have reserved any claim.) 
 Subcontractor further represents that all employees, laborers, materialmen,
sub-subcontractors and subconsultants employed by Subcontractor in connection with the Project have been paid for all work, materials, equipment, services, labor and any other items performed or provided through
                    , 20     (date of last prior payment). Exceptions as follows: 
                                       
                                        
                                        
                                      . 
 (if no exception entry or “none” is entered above, all such payments have been made) 
 This Subcontractor’s Interim Lien and Claim Waiver is freely and voluntarily given and Subcontractor acknowledges and represents that it has fully reviewed the terms and conditions of this Subcontractor’s
Interim Lien and Claim Waiver, that it is fully informed with respect to the legal effect of this Subcontractor’s Interim Lien and Claim Waiver, that it has voluntarily chosen to accept the terms and conditions of this Subcontractor’s
Interim Lien and Claim Waiver in return for the payment recited above. 
  

									
	FOR SUBCONTRACTOR:	 		 	
	Applicable to Invoice(s) No.         	 		 	
				
	Signed: 	 	  	 		 	(SEAL)
	By:	 	  	 		 		 	
	Title:	 	  	 		 		 	
	Date:	 	  	 		 		 	

 AFFIDAVIT 
 On this      day of                     ,
20    , before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of Subcontractor and that this document was signed under
oath personally and on behalf of Subcontractor. 
  

	
	
	   
	Notary Public
	My term expires (date):                     

  

 I-3 







 SCHEDULE I-3 
 CONTRACTOR’S FINAL LIEN AND CLAIM WAIVER 
 (To be executed by Contractor with the invoice for
final payment) 
 STATE OF LOUISIANA 
 PARISH OF
                                 
 The undersigned, Sunland Construction, Inc. (“Contractor”), has been engaged under an agreement with Cheniere Creole Trail Pipeline, L.P. (“Owner”),
to furnish certain materials, equipment, services, and/or labor for the project known as the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (“Project”), which is located in
                                 and more particularly described as follows:

                                       
                                        
                                        
                                   (the “Property”). 

Except as expressly stated otherwise below, upon receipt of the sum of
U.S.$                                       
  (amount in invoice for final payment submitted with Contractor’s Final Lien and Claim Waiver), Contractor waives and releases all liens or claims of liens against the Project and the Property and all claims, demands, actions, causes
of actions or other rights at law, in contract, tort, equity or otherwise that Contractor has, may have had or may have in the future against Owner arising out of the agreement or the Project, whether or not known to Contractor at the time of the
execution of this Final Lien and Claim Waiver. 
 Contractor represents that all of its obligations, legal, equitable, or otherwise, relating to or arising
out of its work on the agreement, Project or subcontracts have been fully satisfied (except for that work and obligations that survive the termination or expiration of the agreement, including warranties and correction of defective services),
including, but not limited to payment to Subcontractors and employees and payment of taxes. 
 This Final Lien and Claim Waiver is freely and voluntarily
given, and Contractor acknowledges and represents that it has fully reviewed the terms and conditions of this Final Lien and Claim Waiver, that it is fully informed with respect to the legal effect of this Final Lien and Claim Waiver, and that it
has voluntarily chosen to accept the terms and conditions of this Final Lien and Claim Waiver in return for the payment recited above. Contractor understands, agrees and acknowledges that, upon payment, this document waives rights unconditionally
and is fully enforceable to extinguish all claims of Contractor as of the date of execution of this document by Contractor. Notwithstanding the above, Contractor excludes claims for:
                             
  

									
	FOR CONTRACTOR:	 		 	
	Applicable to Invoice No(s): ALL (If all, print “all”)	 		 	
				
	Signed: 	 	  	 		 	(SEAL)
	By:	 	  	 		 		 	
	Title:	 	  	 		 		 	
	Date:	 	  	 		 		 	

 AFFIDAVIT 
 On this      day of                     ,
20    , before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of Contractor and that this document was signed under oath
personally and on behalf of Contractor. 
  

	
	
	   
	Notary Public
	My term expires (date):                     

  

 I-4 







 SCHEDULE I-4 
 SUB CONTRACTOR’S FINAL LIEN AND CLAIM WAIVER 
 (To be executed by Subcontractor with the invoice
for final payment) 
 STATE OF LOUISIANA 
 PARISH OF
                                 
 The undersigned, (“Subcontractor”), has, under an agreement with Sunland Construction, Inc. (“Contractor”), furnished certain materials,
equipment, services, and/or labor for the Project known as the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (“Project”), which is located in
                                        
     and more particularly described as follows: 
                                       
                                        
                                        
                                   (the “Property”). 

Upon receipt of the sum of
U.S.$                                      
              , Subcontractor waives and releases any and all liens or claims of liens against the Project and the Property, all claims, demands, actions, causes of action or
other rights at law, in contract, tort, equity or otherwise against Cheniere Creole Trail Pipeline, L.P. (“Owner”) or Contractor, and any and all claims or rights against any labor and/or material bond, which Subcontractor has, may have
had or may have in the future arising out of the agreement between Subcontractor and Contractor, the Project or the Property, whether or not known to Subcontractor at the time of the execution of this Subcontractor’s Final Lien and Claim
Waiver. 
 Subcontractor represents that all of its obligations, legal, equitable, or otherwise, relating to or arising out of the agreement between
Contractor and Subcontractor, the Project, the Property or sub-subcontracts have been fully satisfied (except for that work and obligations that survive the termination or expiration of the agreement between Subcontractor and Contractor, including
warranties and correction of defective services), including, but not limited to payment to sub-subcontractors and employees of Subcontractor and payment of taxes. 
 This Subcontractor’s Final Lien and Claim Waiver is freely and voluntarily given and Subcontractor acknowledges and represents that it has fully reviewed the terms and conditions of this Subcontractor’s Final Lien and Claim
Waiver, that it is fully informed with respect to the legal effect of this Subcontractor’s Final Lien and Claim Waiver, and that it has voluntarily chosen to accept the terms and conditions of this Subcontractor’s Final Lien and Claim
Waiver in return for the payment recited above. Subcontractor understands, agrees and acknowledges that, upon payment, this document waives rights unconditionally and is fully enforceable to extinguish all claims of Subcontractor as of the date of
execution of this document by Subcontractor. 
  

									
	FOR SUBCONTRACTOR:	 		 	
	Applicable to Invoice No(s). ALL (If all, print “all”)	 		 	
				
	Signed: 	 	  	 		 	(SEAL)
	By:	 	  	 		 		 	
	Title:	 	  	 		 		 	
	Date:	 	  	 		 		 	

 AFFIDAVIT 
 On this      day of                     ,
20    , before me appeared the above-signed, known or identified to me personally, who, being first duly sworn, did say that s/he is the authorized representative of Subcontractor and that this document was signed under
oath personally and on behalf of Subcontractor. 
  

	
	
	   
	Notary Public
	My term expires (date):                     

  

 I-5 







 ATTACHMENT J 
 PRICING SCHEDULE 
  

	1.	GENERAL 

 The items of Work, as listed and
identified in the Schedule of Fixed Prices contained in Section 4 below (“Items”), shall apply to the Work. Each Item includes all costs, allowances and expenses: (i) separately by unit, for each Item (“Unit Price
Work”) which is subject to fixed unit prices (“Fixed Unit Prices”), as indicated in the Schedule of Fixed Prices; and (ii) separately for each Item (“Lump Sum Work”) which is subject to a fixed lump sum price
(“Lump Sum Amount”) as indicated in the Schedule of Fixed Prices. 
  

	2.	FIXED UNIT PRICES 

  

	 	a.	The Schedule of Fixed Prices sets forth the all-inclusive Fixed Unit Price for each Item of Unit Price Work. Each Fixed Unit Price will be the full and only amount payable by Owner
to the Contractor for the completed unit of Unit Price Work. 

  

	 	b.	The estimated total prices shown in the Schedule of Fixed Prices for Items of Unit Price Work are for planning purposes only, and represent, for each Item of Unit Price Work, the
sum of the products of the estimated quantities and the applicable Fixed Unit Prices. 

  

	 	c.	Contractor shall be paid for the Measured Quantity only, whether more or less than the estimated quantities in the Schedule of Fixed Prices and notwithstanding the magnitude of any
difference. 

  

	3.	LUMP SUM AMOUNTS 

 The Schedule of Fixed Prices sets
forth the all-inclusive Lump Sum Amount for each Item of Lump Sum Work. Subject to any changes or adjustments made in accordance with the Contract Documents, each Lump Sum Amount will be the full and only amount payable by Owner to the Contractor
for the completed Items of Lump Sum Work on a percentage completion basis in accordance with Sections 7.2 and 7.3 performed in accordance with the Contract Documents. 
  

	4.	SCHEDULE OF FIXED PRICES 

  

													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 1.0
	  	 PRE-MOBILIZATION RIG UP & MODIFICATION. Supply, prepare and rig-up the Construction Equipment necessary to perform
the Work.

	 1.1
	  	 RIG-UP
	  		  		  			  		
	 1.1.A
	  	 INITIAL PAYMENT (Made under the Letter of Intent)
	  	LUMP SUM	  	1	  	$	500,000.00	  	$	500,000.00
	 1.1.B
	  	 ONE THIRD payable in Jan 2007 invoice
	  	LUMP SUM	  	1	  	$	1,223,986.00	  	$	1,223,986.00
	 1.1.C
	  	 ONE THIRD payable in Feb 2007 invoice
	  	LUMP SUM	  	1	  	$	1,223,986.00	  	$	1,223,986.00
	 1.1.D
	  	 ONE THIRD payable in Mar 2007 invoice
	  	LUMP SUM	  	1	  	$	1,223,988.00	  	$	1,223,988.00
		  		  		  		  			  	 	 
		  		  		  		  	 	1.1 SUBTOTAL	  	$	4,171,960.00
		  		  		  		  	 	 	  	 	 
	 1.2
	  	 QUALIFICATION of Welders and Procedures
	  	LUMP SUM	  	1	  	$	1,318,000.00	  	$	1,318,000.00
		  		  		  		  	 	 	  	 	 
		  		  		  		  	 	1.0 SUBTOTAL	  	$	5,489,960.00
		  		  		  		  			  	 	 

  

 J-1 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 2.0
	  	 MOBILIZATION/DEMOBILIZATION. Initial mobilization and final demobilization of Construction Equipment to and from the
Site as necessary to perform the Work.

	 2.1
	  	 HORIZONTAL DIRECTIONAL DRILLING (“HDD”)
	  		  		  			  		
	 2.1.A
	  	 MOBILIZATION
	  	LUMP SUM	  	1	  	$	161,000.00	  	$	161,000.00
	 2.1.B
	  	 DEMOBILIZATION
	  	LUMP SUM	  	1	  	$	161,000.00	  	$	161,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	2.1 SUBTOTAL	  	$	322,000.00
		  		  		  		  			  	 	 
	 2.2
	  	 TRENCHING & BACKFILLING
	  		  		  			  		
	 2.2.A
	  	 MOBILIZATION
	  	LUMP SUM	  	1	  	$	74,000.00	  	$	74,000.00
	 2.2.B
	  	 DEMOBILIZATION
	  	LUMP SUM	  	1	  	$	74,000.00	  	$	74,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	2.2 SUBTOTAL	  	$	148,000.00
		  		  		  		  			  	 	 
	 2.3
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 2.3.A
	  	 MOBILIZATION
	  	LUMP SUM	  	1	  	$	306,000.00	  	$	306,000.00
	 2.3.B
	  	 DEMOBILIZATION
	  	LUMP SUM	  	1	  	$	306,000.00	  	$	306,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	2.3 SUBTOTAL	  	$	612,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	2.0 SUBTOTAL	  	$	1,082,000.00
		  		  		  		  			  	 	 
	 3.0
	  	 CALCASIEU RIVER (STA 13+86 to STA 62+70). Install approximately 4,884 linear feet of 42” OD x 0.720” wt API
5LX-70 from the west side of the Calcasieu Channel to the east side (from STA 13+86 to STA 62+70, consisting of an entry to exit horizontal directionally drilled length of approximately 2,450 feet and an additional 2,434 feet of
pipelay).

	 3.1
	  	 HDD
	  	LUMP SUM	  	1	  	$	1,905,500.00	  	$	1,905,500.00
	 3.2
	  	 TRENCHING
	  	PER FOOT	  	4,884	  	$	11.05	  	$	53,976.00
	 3.3
	  	 BACKFILLING
	  	PER FOOT	  	4,884	  	$	7.37	  	$	35,984.00
	 3.4
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 3.4.A
	  	 CLEARING
	  	PER FOOT	  	4,884	  	$	15.00	  	$	73,260.00
	 3.4.B
	  	 SITE WORK
	  	LUMP SUM	  	1	  	$	261,008.00	  	$	261,008.00
	 3.4.C
	  	 PIPE HAUL
	  	PER FOOT	  	4,884	  	$	27.00	  	$	131,868.00
	 3.4.D
	  	 WELDING & COATING
	  	PER FOOT	  	4,884	  	$	124.00	  	$	605,616.00
	 3.4.E
	  	 CUT FLOATS
	  	PER FOOT	  	4,884	  	$	22.00	  	$	107,448.00
		  		  		  		  			  	 	 
		  		  		  		  	 	3.4 SUBTOTAL	  	$	1,179,200.00
		  		  		  		  			  	 	 

  

 J-2 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 3.5
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	650.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	3.0 SUBTOTAL	  	$	3,174,660.00
		  		  		  		  			  	 	 
	 4.0
	  	 SOUTHERN MARSH TO SOUTH LAKE EXIT (STA 62+70 TO STA 153+99). Install approximately 9,129 linear feet of 42” OD x
0.720” wt API 5LX-70 from the Marsh PI on the east side of the Calcasieu Channel to the South Lake HDD exit point (from STA 62+70 to STA 153+99).

	 4.1
	  	 TRENCHING
	  	PER FOOT	  	9,129	  	$	51.58	  	$	470,874.00
	 4.2
	  	 BACKFILLING
	  	PER FOOT	  	9,129	  	$	34.39	  	$	313,946.00
	 4.3
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 4.3.A
	  	 CLEARING
	  	PER FOOT	  	9,129	  	$	12.00	  	$	109,548.00
	 4.3.B
	  	 SITE WORK
	  	LUMP SUM	  	1	  	$	601,300.00	  	$	601,300.00
	 4.3.C
	  	 PIPE HAUL
	  	PER FOOT	  	9,129	  	$	34.00	  	$	310,386.00
	 4.3.D
	  	 WELDING & COATING
	  	PER FOOT	  	9,129	  	$	180.00	  	$	1,643,220.00
	 4.3.E
	  	 CUT FLOATS
	  	PER FOOT	  	9,129	  	$	22.00	  	$	200,838.00
		  		  		  		  			  	 	 
		  		  		  		  	 	4.3 SUBTOTAL	  	$	2,865,292.00
		  		  		  		  			  	 	 
	 4.4
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	400.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	4.0 SUBTOTAL	  	$	3,650,112.00
		  		  		  		  			  	 	 
	 5.0
	  	 SOUTH LAKE HDD (STA 153+99 TO STA 193+99). Install horizontal directionally drilled south shore approach of Lake
Calcasieu, consisting of approximately 4,000 linear feet of 42” OD x 0.720” wt API 5LX-70 between STA 153+99 and STA 193+99.

	 5.1
	  	 HDD
	  	LUMP SUM	  	1	  	$	3,775,830.00	  	$	3,775,830.00
	 5.2
	  	 TRENCHING
	  	PER FOOT	  	4,000	  	$	18.75	  	$	75,000.00
	 5.3
	  	 BACKFILLING
	  	PER FOOT	  	4,000	  	$	12.50	  	$	50,000.00
	 5.4
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 5.4.A
	  	 CLEARING
	  	PER FOOT	  	4,000	  	$	12.00	  	$	48,000.00
	 5.4.B
	  	 SITE WORK
	  	LUMP SUM	  	1	  	$	301,300.00	  	$	301,300.00
	 5.4.C
	  	 PIPE HAUL
	  	PER FOOT	  	4,000	  	$	34.00	  	$	136,000.00
	 5.4.D
	  	 WELDING & COATING
	  	PER FOOT	  	4,000	  	$	180.00	  	$	720,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	5.4 SUBTOTAL	  	$	1,205,300.00
		  		  		  		  			  	 	 
	 5.5
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	1,277.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	5.0 SUBTOTAL	  	$	5,106,130.00
		  		  		  		  			  	 	 

  

 J-3 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 6.0
	  	 SOUTH LAKE HDD ENTRY TO P.I. TIE-IN (STA 193+99 TO STA 233+99). Install approximately 4,000 linear feet of 42” OD
x 0.720” wt API 5LX-70 from the South Lake HDD entry to the P.I. tie-in at South Lake Calcasieu between STA 193+99 and STA 233+99.

	 6.1
	  	 TRENCHING
	  		  		  			  		
	 6.1.A
	  	 FLOATATION DITCH
	  	PER FOOT	  	4,000	  	$	62.60	  	$	250,400.00
	 6.1.B
	  	 PIPE DITCH
	  	PER FOOT	  	4,000	  	$	51.22	  	$	204,880.00
		  		  		  		  			  	 	 
		  		  		  		  	 	6.1 SUBTOTAL	  	$	455,280.00
		  		  		  		  			  	 	 
	 6.2
	  	 BACKFILLING
	  		  		  			  		
	 6.2.A
	  	 FLOATATION DITCH
	  	PER FOOT	  	4,000	  	$	41.73	  	$	166,920.00
	 6.2.B
	  	 PIPE DITCH
	  	PER FOOT	  	4,000	  	$	34.14	  	$	136,560.00
		  		  		  		  			  	 	 
		  		  		  		  	 	6.2 SUBTOTAL	  	$	303,480.00
		  		  		  		  			  	 	 
	 6.3
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 6.3.A
	  	 SPOIL SIGNS
	  	PER FOOT	  	4,000	  	$	19.00	  	$	76,000.00
	 6.3.B
	  	 PIPE HAUL
	  	PER FOOT	  	4,000	  	$	22.00	  	$	88,000.00
	 6.3.C
	  	 WELDING & COATING PIPE HAUL
	  	PER FOOT	  	4,000	  	$	181.00	  	$	724,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	6.3 SUBTOTAL	  	$	888,000.00
		  		  		  		  			  	 	 
	 6.4
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	412.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	6.0 SUBTOTAL	  	$	1,646,760.00
		  		  		  		  			  	 	 
	 7.0
	  	 SOUTH LAKE P.I. TO CHOUPIQUE ISLAND HDD (STA 233+99 TO STA 1135+25). Install approximately 90,126 linear feet of
42” OD x 0.720” wt API 5LX-70 across Lake Calcasieu from the South Lake P.I. to Choupique Island and the entry point for the HDD crossing of the Calcasieu River/Intracoastal Waterway (from STA 233+99 to STA 1135+25).

	 7.1
	  	 TRENCHING
	  		  		  			  		
	 7.1.A
	  	 FLOATATION DITCH
	  	PER FOOT	  	90,126	  	$	62.60	  	$	5,641,888.00
	 7.1.B
	  	 PIPE DITCH
	  	PER FOOT	  	90,126	  	$	51.22	  	$	4,616,254.00
		  		  		  		  			  	 	 
		  		  		  		  	 	7.1 SUBTOTAL	  	$	10,258,142.00
		  		  		  		  			  	 	 
	 7.2
	  	 BACKFILLING
	  		  		  			  		
	 7.2.A
	  	 FLOATATION DITCH
	  	PER FOOT	  	90,126	  	$	41.73	  	$	3,760,958.00
	 7.2.B
	  	 PIPE DITCH
	  	PER FOOT	  	90,126	  	$	34.14	  	$	3,076,902.00
		  		  		  		  			  	 	 
		  		  		  		  	 	7.2 SUBTOTAL	  	$	6,837,860.00
		  		  		  		  			  	 	 

  

 J-4 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 7.3
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 7.3.A
	  	 SPOIL SIGNS
	  	PER FOOT	  	90,126	  	$	19.00	  	$	1,712,394.00
	 7.3.B
	  	 PIPE HAUL
	  	PER FOOT	  	90,126	  	$	22.00	  	$	1,982,772.00
	 7.3.C
	  	 WELDING & COATING PIPE HAUL
	  	PER FOOT	  	90,126	  	$	181.00	  	$	16,312,806.00
		  		  		  		  			  	 	 
		  		  		  		  	 	7.3 SUBTOTAL	  	$	20,007,972.00
		  		  		  		  			  	 	 
	 7.4
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	412.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	7.0 SUBTOTAL	  	$	37,103,974.00
		  		  		  		  			  	 	 
	 8.0
	  	 CHOUPIQUE ISLAND HDD (STA 1135+25 TO STA 1184+38). Install approximately 4,913 linear feet of 42” OD x 0.720”
wt API 5LX-70 from Choupique Island across the Calcasieu River to the North Marsh west of the Intracoastal Waterway (from STA 1135+25 to STA 1184+38, consisting of an entry to exit horizontal directionally drilled length of approximately 4,213 feet
and an additional 700 feet of pipelay).

	 8.1
	  	 HDD
	  	LUMP SUM	  	1	  	$	3,949,300.00	  	$	3,949,300.00
	 8.2
	  	 TRENCHING
	  	PER FOOT	  	4,913	  	$	6.11	  	$	30,000.00
	 8.3
	  	 BACKFILLING
	  	PER FOOT	  	4,913	  	$	4.07	  	$	20,000.00
	 8.4
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 8.4.A
	  	 CLEARING
	  	PER FOOT	  	4,913	  	$	18.00	  	$	88,434.00
	 8.4.B
	  	 SITE WORK
	  	LUMP SUM	  	1	  	$	478,413.00	  	$	478,413.00
	 8.4.C
	  	 PIPE HAUL
	  	PER FOOT	  	4,913	  	$	27.00	  	$	132,651.00
	 8.4.D
	  	 WELDING & COATING
	  	PER FOOT	  	4,913	  	$	132.00	  	$	648,516.00
	 8.4.E
	  	 CUT FLOATS
	  	PER FOOT	  	4,913	  	$	22.00	  	$	108,086.00
		  		  		  		  			  	 	 
		  		  		  		  	 	8.4 SUBTOTAL	  	$	1,456,100.00
		  		  		  		  			  	 	 
	 8.5
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	1,110.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	8.0 SUBTOTAL	  	$	5,455,400.00
		  		  		  		  			  	 	 
	 9.0
	  	 NORTH MARSH TO UPLAND (STA 1184+38 TO STA 1248+67). Install approximately 6,429 linear feet of 42” OD x
0.720” wt API 5LX-70 from the Choupique Island HDD to the Project terminus south of Access Road AR-CC-1D (STA 1184+38 to STA 1248+67).

	 9.1
	  	 TRENCHING
	  	PER FOOT	  	6,429	  	$	20.97	  	$	134,820.00
	 9.2
	  	 BACKFILLING
	  	PER FOOT	  	6,429	  	$	13.98	  	$	89,880.00
	 9.3
	  	 ALL OTHER PIPELAY SERVICES
	  		  		  			  		
	 9.3.A
	  	 CLEARING
	  	PER FOOT	  	6,429	  	$	12.00	  	$	77,148.00

  

 J-5 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 9.3.B
	  	 SITE WORK
	  	LUMP SUM	  	1	  	$	374,928.00	  	$	374,928.00
	 9.3.C
	  	 PIPE HAUL
	  	PER FOOT	  	6,429	  	$	27.00	  	$	173,583.00
	 9.3.D
	  	 WELDING & COATING
	  	PER FOOT	  	6,429	  	$	107.00	  	$	687,903.00
	 9.3.E
	  	 CUT FLOATS
	  	PER FOOT	  	6,429	  	$	22.00	  	$	141,438.00
		  		  		  		  			  	 	 
		  		  		  		  	 	9.3 SUBTOTAL	  	$	1,455,000.00
		  		  		  		  			  	 	 
	 9.4
	  	 PLUS OR MINUS UNIT RATE for difference in the length of installed pipeline
	  	PER FOOT	  		  	$	261.00	  		
		  		  		  		  			  	 	 
		  		  		  		  	 	9.0 SUBTOTAL	  	$	1,679,700.00
		  		  		  		  			  	 	 
	 10.0
	  	 TESTING. All work necessary to perform the filling, gauging, hydrostatic testing, dewatering and drying of the Project
from STA 13+86 to STA 1248+67.

	 10.1
	  	 HYDROSTATIC TESTING
	  	LUMP SUM	  	1	  	$	479,000.00	  	$	479,000.00
	 10.2
	  	 DRYING
	  	LUMP SUM	  	1	  	$	269,000.00	  	$	269,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	10.0 SUBTOTAL	  	$	748,000.00
		  		  		  		  			  	 	 
	 11.0
	  	 PIPELINE TIE-INS. All work necessary to perform the welded tie-ins at the following locations:

	 11.1
	  	 TIE-IN NEAR STA 38+36, HDD ENTRY
	  	LUMP SUM	  	1	  	$	180,000.00	  	$	180,000.00
	 11.2
	  	 TIE-IN AT STA 62+70, P.I.
	  	LUMP SUM	  	1	  	$	362,000.00	  	$	362,000.00
	 11.3
	  	 TIE-IN NEAR STA 153+98, HDD EXIT
	  	LUMP SUM	  	1	  	$	90,000.00	  	$	90,000.00
	 11.4
	  	 TIE-IN NEAR STA 193+98, HDD ENTRY
	  	LUMP SUM	  	1	  	$	560,000.00	  	$	560,000.00
	 11.5
	  	 TIE-IN AT STA 233+99, P.I.
	  	LUMP SUM	  	1	  	$	288,000.00	  	$	288,000.00
	 11.6
	  	 TIE-IN NEAR STA 391+34, 16” PIPELINE
	  	LUMP SUM	  	1	  	$	144,000.00	  	$	144,000.00
	 11.7
	  	 TIE-INS AT STA 1132+25 AND 1135+25, CHOUPIQUE ISLAND
	  	LUMP SUM	  	1	  	$	990,000.00	  	$	990,000.00
	 11.8
	  	 TIE-IN NEAR STA 1184+38, MARSH
	  	LUMP SUM	  	1	  	$	90,000.00	  	$	90,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	11.0 SUBTOTAL	  	$	2,704,000.00
		  		  		  		  			  	 	 
	 12.0
	  	 MAIN LINE VALVE ASSEMBLY. All work necessary fabricate and install the main line valve assembly at STA
1230+82.

	 12.1
	  	 MAIN LINE VALVE FABRICATION
	  	LUMP SUM	  	1	  	$	205,000.00	  	$	205,000.00
	 12.2
	  	 MAIN LINE VALVE INSTALLATION
	  	LUMP SUM	  	1	  	$	765,000.00	  	$	765,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	12.0 SUBTOTAL	  	$	970,000.00
		  		  		  		  			  	 	 

  

 J-6 








													
	 Item
	  	 Type of Work
	  	 Unit
	  	Estimated
Measured
Quantity	  	Fixed Unit Price
or Lump Sum
Amount for
Lump Sum
Work	  	Estimated
Total Price for
Unit Price
Work
	 13.0
	  	 PIPELINE CROSSINGS. All work necessary to perform the below pipeline crossings in Lake Calcasieu at the following
locations:

	 13.1
	  	 16” PIPELINE CROSSING STA 391+34
	  	LUMP SUM	  	1	  	$	39,000.00	  	$	39,000.00
	 13.2
	  	 30” PIPELINE CROSSING STA 422+22
	  	LUMP SUM	  	1	  	$	39,000.00	  	$	39,000.00
	 13.3
	  	 36” PIPELINE CROSSING STA 423+66
	  	LUMP SUM	  	1	  	$	39,000.00	  	$	39,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	13.0 SUBTOTAL	  	$	117,000.00
		  		  		  		  			  	 	 
	 14.0
	  	 MISCELLANEOUS RATES.

	 14.1
	  	 TURBIDITY CURTAIN - INSTALL MAINTAIN & REMOVE
	  	PER 100 FEET	  	14,100	  	$	4,500.00	  	$	634,500.00
	 14.2
	  	 SILT FENCE
	  		  		  			  		
	 14.2.A
	  	 SILT FENCE – Install and maintain
	  	PER 100 FEET	  	7,100	  	$	800.00	  	$	56,800.00
	 14.2.B
	  	 SILT FENCE - Remove
	  	PER 100 FEET	  	7,100	  	$	200.00	  	$	14,200.00
		  		  		  		  			  	 	 
		  		  		  		  	 	14.2 SUBTOTAL	  	$	71,000.00
		  		  		  		  			  	 	 
	 14.3
	  	 BUILDERS RISK
	  	LUMP SUM	  	1	  	 
 	To be
determined	  	 
 	To be
determined
	 14.4
	  	 PAYMENT & PERFORMANCE BOND
	  	LUMP SUM	  	1	  	$	445,000.00	  	$	445,000.00
		  		  		  		  			  	 	 
		  		  		  		  	 	14.0 SUBTOTAL	  	$	1,150,500.00
		  		  		  		  			  	 	 
		  		  	ESTIMATED CONTRACT PRICE	  	$	70,078,195.00
		  		  		  		  			  	 	 

  

 J-7 







 ATTACHMENT K 
 PROJECT SCOPE OF WORK 
 TABLE OF CONTENTS 
  

					
	1.0	  	CREOLE TRAIL PIPELINE – SEGMENT 2	  	2
			
	2.0	  	GENERAL SCOPE OF WORK	  	2
			
	3.0	  	CONDITIONS OF WORK	  	2
			
	4.0	  	BURIAL AND CROSSING SPECIFIC REQUIREMENTS	  	3
			
	5.0	  	WELDING AND NDE	  	4
			
	6.0	  	INSTALLATION OF THE PIPELINE - GENERAL REQUIREMENTS	  	4
			
	7.0	  	RIGHT- OF- WAY	  	5
			
	8.0	  	SURVEY	  	5
			
	9.0	  	PIPELINE GAUGING AND TESTING	  	5
			
	10.0	  	NOTIFICATIONS	  	6
			
	11.0	  	INTENTIONALL OMITTED	  	6
			
	12.0	  	ENVIRONMENTAL & PERMIT COMPLIANCE	  	6
			
	13.0	  	SAFETY	  	7
			
	14.0	  	ENGINEERING AND PLANNING	  	7
			
	15.0	  	CONTRACTOR SUPPLIED MATERIALS	  	7
			
	16.0	  	OWNER SUPPLIED MATERIALS AND SERVICES	  	8

  

 K-1 








	1.0	CREOLE TRAIL PIPELINE – SEGMENT 2 

 The purpose of
this section, along with the Drawings and other documents, is to describe the Creole Trail Pipeline - Segment 2 project, and to familiarize the Contractor with the total scope of the Project. 
  

	 	1.1	OWNER is developing the Creole Trail - Segment 2 Pipelines to deliver natural gas from its LNG Terminal (Terminal) at Calcasieu Pass near the Gulf of Mexico in Southwestern
Louisiana to the project terminus just south of Access Road AR-CC-1D. 

  

	 	1.2	The Project will consist of a 42-inch gas pipeline originating at the horizontal directional drill (HDD) entrance hole on the west side of the Calcasieu Pass. The route then crosses
the marsh with a minimum of three (3) feet of cover through a second HDD extending the pipeline into Lake Calcasieu. From there, the pipeline proceeds northerly across Lake Calcasieu with a minimum of four (4) feet of cover to Choupique
Island. A third HDD will cross the Calcasieu Ship Channel and the Intracoastal Waterway into the marsh. From here the pipeline continues through the marsh, terminating just south of Access Road AR-CC-1D. 

  

	 	1.3	HDD crossings will be discussed in more detail in “Horizontal Directional Drill Specifications”. The HDD pipe strings will be pre-pull and post-pull hydrostatically tested
at the design test pressure for HDD pipe. 

  

	2.0	GENERAL SCOPE OF WORK 

 This Scope of Work will include all work necessary
for, or incidental to the installation of Segment 2 of the Creole Trail Pipeline Project as defined within, but not limited to, the following: 
  

	 	2.1	Necessary rig-up & pre-mobilization activities, installation procedures, weld procedures and welder qualifications, procurement, onshore fabrication, project management,
safety training, material handling and transporting, and documentation. 

  

	 	2.2	Tie-down, transportation, offloading, and storage of OWNER furnished coated line pipe and other materials as required. 

  

	 	2.3	Mobilization and demobilization of all supervision, personnel, third party services, subcontractors, construction equipment, materials and consumables necessary to perform the
Project. 

  

	 	2.4	Provide OWNER field office space and furniture with phones, fax, copier, a secure internet connection, and toilet facilities for three (3) OWNER personnel.


  

	 	2.5	Installation of the pipeline and appurtenances, including one valve station assembly per line, dredging and backfill pipe ditches, levees, and temporary & permanent warning
signs as required. 

  

	 	2.6	Pipeline and utility crossings as delineated on the Drawings. 

  

	 	2.7	Work associated with running a caliper pig with water through the installed segment for the subsequent hydrotest. 

  

	 	2.8	Work associated with the hydrostatic testing of the installed pipeline. 

  

	 	2.9	Work associated with the restoration of all work areas to pre-construction condition. 

  

	 	2.10	Without in any way limiting the generality of any other provisions of this Agreement, it is understood that CONTRACTOR shall perform all the work for which compensation is provided
in “Attachment J”. 

  

	3.0	CONDITIONS OF WORK 

 All of the work described hereinafter
shall be performed in accordance with this document, Specifications and Drawings. 
  

	 	3.1	Compensation for pipeline installation shall be based on actual length installed. 

  

	 	3.2	OWNER shall provide drawings to CONTRACTOR marked “Approved for Construction” (AFC) prior to fabrication. CONTRACTOR shall prepare all necessary fabrication, joint and
welding details. CONTRACTOR shall confirm all measurements for dimensional accuracy. 

  

 K-2 








	 	3.3	Items usual, customary, required or mentioned in the Specifications and not shown on the drawings, or shown on the drawings and not mentioned in the Specifications, shall be
furnished and installed by the CONTRACTOR as if included in both. 

  

	 	3.4	Conflicts or questions arising from the contents of the Scope of Work, Drawings, Specifications and/or referenced codes and standards shall be resolved prior to the execution of the
affected portion of the Project. 

  

	 	3.5	If, in CONTRACTOR’s opinion, any portion of the project is not considered good design, good operating practice or results in a deviation from CONTRACTOR’s standard shop
practices, CONTRACTOR shall immediately refer such item(s) to OWNER in writing for resolution. 

  

	 	3.6	CONTRACTOR’s plant and equipment shall be in good working order, well maintained, fit for the work to be undertaken and suitably protected from the climatic conditions of the
work site in order to ensure the safe and environmentally sound completion of the Project. 

  

	 	3.7	CONTRACTOR shall submit for OWNER’s approval a list of all project dedicated key personnel including, but not limited to Project Manager, QA/QC Manager, Project Engineer,
Superintendent(s), Foremen, and Safety Professional. Key personnel approved by OWNER shall be assigned to this project. CONTRACTOR shall neither replace nor remove said key personnel without OWNER’s prior written approval.


  

	 	3.8	CONTRACTOR shall be responsible for all applicable Project Management procedures and documentation requirements as outlined in this Scope of Work, attached specifications, and
permit conditions. 

  

	 	3.9	CONTRACTOR shall mobilize sufficient equipment and crew to enable work to begin on the pipeline installation. After the Project has commenced, CONTRACTOR shall diligently execute
the Project continuously to completion with all speed consistent with safe and environmentally sound practices. If a delay occurs that is attributable to CONTRACTOR or its subcontractors, CONTRACTOR shall, at its own expense, work such overtime,
acquire and use such additional equipment and/or materials, and perform such additional acts as may be necessary to avoid delays in the timely completion of the Project. 

  

	4.0	BURIAL AND CROSSING SPECIFIC REQUIREMENTS 

  

	 	4.1	The required minimum burial depth of the pipeline shall be sufficient to provide cover of three (3) feet in the marsh or upland areas and four (4) feet in Lake Calcasieu,
as specified in the OWNER documents and/or drawings. 

  

	 	4.2	CONTRACTOR shall perform a pre-installation survey to locate and mark all foreign pipelines, cables, overhead utilities, and underground structures crossing prior to pipe lay and
crossing operations. During this pre-installation survey, CONTRACTOR shall determine the depth of cover on the foreign obstacles at the crossing point. At these crossing points, CONTRACTOR shall establish a minimum of 12” of separation.
CONTRACTOR may elect to cross under, cross over or cut and cap foreign pipelines that are encountered. Crossing methods will be approved by OWNER and 3rd Party pipeline owner and insure that no detrimental environmental problems occur. 

  

	 	4.3	Subject to verification, the 16” diameter foreign pipeline site shall require crossing by excavating and pushing the 42” diameter pipeline under the 16” to allow the
proper separation. The 30” and 36” foreign pipeline crossings are buried deep enough below the natural bottom to allow the 42” diameter pipeline to be installed over the two foreign lines. CONTRACTOR should assume that the
indeterminate number of pipelines and utility crossings in the area of the East Hackberry Field will be temporarily removed prior to project mobilization to allow uninterrupted installation operations. 

  

	 	4.4	OWNER’s road crossing permits require that the gravel surfaced roads be crossed by the open-cut method. The installed pipelines will be uncased and buried a minimum of three
(3) feet below the road drainage ditches or in accordance with local regulations. 

  

 K-3 








	 	4.5	Marsh pipeline ditches and any spoil removed for flotation of equipment shall be replaced and backfilled to the original level of the marsh or water way natural bottom. This
replaced spoil will be no more than six (6) inches above original grade nor less than original grade. 

  

	 	4.6	CONTRACTOR will use mats and/or low ground-pressure equipment when crossing over or working in the immediate vicinity of third party pipelines. 

  

	 	4.7	CONTRACTOR shall provide transportation, if required, for third party inspectors of foreign pipeline operators during crossing operations. CONTRACTOR shall employ its best efforts
to accommodate these transportation requirements. 

  

	5.0	WELDING AND NDE 

  

	 	5.1	CONTRACTOR shall prepare documented welding procedure(s) for OWNER review and acceptance. The final approved welding procedure shall govern the performance of all welds that become
a permanent part of the Project. Welding procedure tests shall meet the requirements outlined in API Standard 1104 19th edition and Pipeline Installation and Testing Specifications, whichever is more stringent. 

  

	 	5.2	CONTRACTOR shall perform welder qualification tests in accordance with API Standard 1104 19th edition and Pipeline Installation and Testing Specifications, whichever is more
stringent. 

  

	 	5.3	Unless otherwise approved by OWNER, all procedure and welder qualification tests shall be performed employing OWNER provided material for installation work. CONTRACTOR shall be
responsible for the preparation of all pup pieces for testing. 

  

	 	5.4	CONTRACTOR shall perform welding procedure tests at a work center approved by OWNER. All preparation, sampling, destructive testing, metallurgical determination, hardness testing,
etc. required to qualify procedure(s) must be provided by CONTRACTOR and be locally available to the work center. 

  

	 	5.5	CONTRACTOR shall provide a schedule outlining the period required for procedure qualifications testing for OWNER’s review and approval. If CONTRACTOR exceeds the time outlined
in the approved schedule, CONTRACTOR, at OWNER’s option, shall be responsible for OWNER’s further inspection and administrative costs. 

  

	 	5.6	CONTRACTOR shall make available sufficient number of proposed welders/welding operators at the time of qualification testing to allow achieving the required number of OWNER approved
welders within seven (7) working days. Otherwise, CONTRACTOR shall be responsible for OWNER’s further inspection and administration costs. 

  

	 	5.7	An OWNER representative must be present during all procedure and welder qualifications testing. 

  

	 	5.8	CONTRACTOR will be allowed to move the pipe after welding of the bead based on the expected thickness being 0.165 to 0.190 inches. 

  

	 	5.9	All welds shall be completed at the end of each day’s production or as in the case of 24 hour operations when the pipeline is capped and abandoned or unless otherwise approved
by the OWNER’s representative. 

  

	 	5.10	CONTRACTOR will provide an independent third-party NDE contractor for inspections of welds. CONTRACTOR shall provide transportation along the Right-of-Way for NDE contractor. All
welds shall be subjected to 100 percent NDE with acceptance criteria per API Standard 1104 19th edition and/or Pipeline Installation and Testing Specifications, whichever is more stringent. 

  

	6.0	INSTALLATION OF THE PIPELINE - GENERAL REQUIREMENTS 

 CONTRACTOR shall comply with the following general requirements in addition to the Specifications and/or Pipeline Installation and Testing Specifications, whichever is more stringent. 
  

	 	6.1	 CONTRACTOR shall clean, sandblast and coat all field joints with Fusion Bond Epoxy per Specification. Shrink sleeves shall not be allowed. All field joints shall be
tested for holidays immediately after FBE application to the pipeline in accordance with OWNER’s installation specification. CONTRACTOR’s FBE application equipment shall be in good 



  

 K-4 








	 	 
working order with adequate spare parts and consumables so not to affect the installation production. No joint fill is required at the field joints.



  

	 	6.2	CONTRACTOR represents that it has had adequate opportunity to examine all of the Documents, including OWNER furnished drawings and maps and is fully acquainted with the conditions
pertaining to the Project, the site of the Project and its surroundings which are identified therein. Prior to commencement of construction, CONTRACTOR agrees to undertake a diligent search using the applicable regulatory authorities in order to
identify existing pipelines and other facilities and to report to OWNER the discovery of any existing pipelines and other facilities not identified on OWNER furnished maps, and drawings. 

  

	7.0	RIGHT- OF- WAY 

  

	 	7.1	CONTRACTOR shall follow the route as shown in supplied drawings. OWNER shall issue detailed pipeline route drawing(s) to CONTRACTOR prior to mobilization. 


 

	 	7.2	OWNER has arranged for Extra Work Spaces (EWS) adjacent to the pipeline construction Right-of-Way (ROW) to conduct activities associated with Installation work. OWNER has provided
details of the EWS on the Drawings. CONTRACTOR shall ensure no work activities at the job sites are performed outside the defined ROW and/or EWS. 

  

	 	7.3	CONTRACTOR’s equipment shall be maintained within OWNER’s designated access areas, ROW and work space. CONTRACTOR shall be liable for any damage to property outside the
ROW resulting from CONTRACTOR’s operations. 

  

	 	7.4	OWNER will furnish access space, permits and agreements for CONTRACTOR’s ingress and egress to the work areas. Should additional access/workspace be required by CONTRACTOR,
CONTRACTOR will request in writing for OWNER to acquire such additional workspace. 

  

	 	7.5	CONTRACTOR shall be responsible to clear and dispose of any brush, trees, or other material in the work areas. Unless otherwise specified in the ROW Special Conditions, CONTRACTOR
may chip brush and small trees into small pieces and spread evenly along the ROW. Disposal of cleared materials not spread along the ROW shall be at CONTRACTOR’S cost and at a site approved by OWNER. 

  

	 	7.6	CONTRACTOR shall comply with Special and General Right of Way Conditions. 

  

	8.0	SURVEY 

  

	 	8.1	CONTRACTOR shall perform a preconstruction survey of the pipeline route, which will include staking the ROW, all PI’s, the pipeline centerline, and all temporary and extra
workspace areas. The CONTRACTOR is responsible for the maintenance of the survey markings. 

  

	 	8.2	OWNER will supply the AFC Alignment Drawings for the pipeline construction. 

  

	9.0	PIPELINE GAUGING, TESTING AND DRYING 

 Final pipeline
cleaning, flooding, gauging, hydrostatic testing, dewatering and drying shall be performed by CONTRACTOR in accordance with “Pipeline Installation and Testing Specification”. 
  

	 	9.1	Hydrostatic testing will be conducted per specifications and drawings. CONTRACTOR shall flood, gauge, test and dewater all pipe. The duration of the hydrostatic test shall be a
minimum of eight hours after pipeline stabilization. The procedures outlined in Installation Specification shall apply to these tests. The hydrostatic test pressure shall be 1800 psig minimum and/or as specified by the Department of Transportation
(DOT). 

  

	 	9.2	CONTRACTOR shall provide labor and equipment to run a caliper pig the entire length of the CONTRACTOR’s respective pipeline installation. The caliper pig will be run with
clean, filtered and treated water provided by CONTRACTOR. CONTRACTOR shall run at least two poly pigs prior to the caliper pig run to clean the pipe. CONTRACTOR shall be responsible for maintaining adequate flow to propel the pig through the line.


  

 K-5 








	 	9.3	CONTRACTOR shall design, fabricate and install temporary pig launchers and receivers as required to safely perform the pigging operations. 

  

	 	9.4	CONTRACTOR shall provide a method to eliminate to the extent possible any emissions of air-borne materials or contaminants from the pipeline during cleaning operations.


  

	 	9.5	Fill and Test water will be clean and filtered prior to pumping into the pipeline(s). The fill and test water will be returned to the original source unless approved alternate
disposal site is approved by OWNER and regulatory agencies. Regardless, test water will be cleaned, aerated and neutralized, if necessary, prior to return to the natural water source. 

  

	 	9.6	Upon completion of hydrostatic testing and dewatering, CONTRACTOR shall run drying pigs until a dew point of negative thirty-eight degrees Fahrenheit (-38oF) is achieved inside
the pipeline. 

  

	10.0	NOTIFICATIONS 

  

	 	10.1	CONTRACTOR shall utilize the local area’s ONE CALL system prior to commencing constructions activities in accordance with the regional requirements. CONTRACTOR will designate
one person for the notification process. CONTRACTOR shall keep a written record of all communications and submit daily to OWNER. 

  

	 	10.2	OWNER will notify landowners prior to commencing construction activities on said property. CONTRACTOR must give OWNER a minimum of 48 hours notice prior to mobilization onto private
property. 

  

	 	10.3	CONTRACTOR shall interface and coordinate with other contractors and/or companies in the planning and execution of its work to minimize or eliminate delays and/or interruptions due
to others’ activities. 

  

	11.0	Intentionally omitted. 

  

	12.0	ENVIRONMENTAL & PERMIT COMPLIANCE 

  

	 	12.1	OWNER will provide CONTRACTOR with a copy of the OWNER’s construction permits applicable for the Project. CONTRACTOR shall perform the Project hereunder in strict conformance
with the OWNER’s environmental and permit requirements. 

  

	 	12.2	CONTRACTOR will provide the information required for the completion of the Spill Prevention, Control and Countermeasure Plan (SPCC). The SPCC plan will include site-specific
information where fuels and other materials will be stored. All fuel and chemical storage will generally be located only at warehouse yards, storage yards, and contractor yards. 

 Included in the SPCC, adequate spill containment provisions must be maintained at each work site. Equipment will be inspected daily or at shift changes
for fluid leaks. Any fluid leaks detected shall be corrected immediately. Adequate spill cleanup materials shall be utilized to contain and prevent the dispersal of any reportable spill of contaminants. 
  

	 	12.3	 CONTRACTOR shall employ its best efforts in accordance with common industry practices to return all areas disturbed during project activities to pre-construction
contours. With respect to marine construction within Lake Calcasieu, CONTRACTOR shall conduct a pre- and post-construction water-bottom contour survey of the construction ROW at 500’ intervals utilizing a single-beam dual frequency echo sounder
(200 kHz). In addition to backfilling and rough grading via bucket dredge equipment and based on the post-construction survey, CONTRACTOR shall perform one pass with final grading equipment and endeavor to restore the bottom contour to within +/-
6” of the original contour elevations. Any remedial final grading in addition to the initial pass by CONTACTOR as necessary to remove or spread dredged material which remains +/- 1’ of the original contour elevations shall be at CONTRACTOR
cost. Any additional remedial final grading, as may be required by permitting agencies and requested by OWNER in a Change Order in order to achieve the +/- 6” standard of restoration, shall be performed on a time and materials basis in
accordance with the labor and equipment rates set forth in Schedule D-3. CONTRACTOR’S backfilling and grading activities shall utilize only spoil from the 



  

 K-6 








	 	 
construction ROW generated during construction. The provision, hauling and placement of any replacement fill materials, as may be required by permitting
agencies and requested by OWNER in a Change Order, shall be performed on a time and materials basis in accordance with the labor and equipment rates set forth in Schedule D-3. 


  

	 	12.4	A silt fence barrier shall be installed upon OWNER request prior to start of initial land clearing and grading activities on the ROW. OWNER requires that all silt fences that are
installed remain in place after CONTRACTOR demobilization. Once CONTRACTOR has demobilized from the job, OWNER will be accountable for inspection, maintenance and removal of the wetland silt fence barriers. 

  

	 	12.5	Turbidity curtains may be required for certain Lake Calcasieu areas to prevent sediment deposits in environmentally sensitive areas. CONTRACTOR shall furnish rates for installing,
maintaining, and removing turbidity curtains as required by OWNER. 

  

	 	12.6	CONTRACTOR shall obtain any and all additional permits and bonds required for installation and transportation activities. 

  

	13.0	SAFETY 

  

	 	13.1	CONTRACTOR will comply with the Louisiana Department of Transportation and Development and United States Department of Transportation regulations while working within the permitted
ROW. 

  

	 	13.2	CONTRACTOR will mark and/or surround with protective materials all above-ground appurtenances that are located within the ROW, including, but not limited to, utility poles and
utility support wires and anchors to prevent damage, destruction or removal by construction equipment and CONTRACTOR’S personnel. 

  

	 	13.3	CONTRACTOR shall ensure its personnel and those of its subcontractors have successfully completed safety training as required by OWNER and/or property owners.


  

	14.0	ENGINEERING AND PLANNING 

  

	 	14.1	CONTRACTOR shall provide and perform engineering calculations, planning work, and services necessary to undertake the Project including that for pipe installation and transportation
in a safe and efficient manner. 

  

	 	14.2	Prior to commencement of any transportation activities, CONTRACTOR shall perform all transportation analyses and design activities required to insure the safe transport of all
project materials. 

  

	 	14.3	CONTRACTOR shall ensure that all OWNER supplied documents and drawings are thoroughly reviewed. CONTRACTOR shall notify OWNER, in writing, of any inadequacies and/or discrepancies
discovered. 

  

	15.0	CONTRACTOR SUPPLIED MATERIALS 

  

	 	15.1	CONTRACTOR shall furnish all materials required for the completion of the Project, except those that are specifically identified herein as being furnished by OWNER,
Section 16.1 – Owner Supplied Materials. CONTRACTOR furnished materials and/or fabricated items shall be new, shall meet or exceed specifications, and shall be fit for the intended purpose. All the provisions for furnished materials
outlined herein shall also apply to CONTRACTOR furnished materials. All materials furnished by CONTRACTOR shall comply with OWNER technical requirements. By way of illustration and not limitation, these materials shall include:


  

	 	•	 	All consumables for pipeline installation, welding, and coating 

  

	 	•	 	Temporary flanges and pig traps, gaskets, nuts and bolts for end connections 

  

	 	•	 	Temporary weld caps for end connections 

  

	 	•	 	All materials for pipeline crossings (separation materials) 

  

 K-7 








	 	•	 	Joint Coating materials and consumables 

  

	 	•	 	Stencils and paint for pipe marking 

  

	 	•	 	All sandblasting and painting materials 

  

	 	•	 	All materials required for coating repair 

  

	 	•	 	All scaffolding, fall restraint systems and temporary hand rails 

  

	 	•	 	Ditch stabilization materials and designs 

  

	 	•	 	Test lead posts and wire, and cad weld materials 

  

	 	•	 	Rebar, anchor bolts and forms for concrete pads 

  

	 	•	 	Temporary warning signs and markers (wetland area, power line warning, DOT required signs, etc.) 

  

	 	15.2	Cathodic Protection (anodes) on the concrete coated pipe will be furnished and installed by OWNER. Cathodic Protection (anodes) for HDD pipe will be furnished by OWNER and installed
by CONTRACTOR at designated locations near the entrance and exit holes of the HDD. 

  

	 	15.3	CONTRACTOR shall ensure that sufficient spare materials are available for construction/installation contingency. 

  

	16.0	OWNER SUPPLIED MATERIALS AND SERVICES 

  

	 	16.1	OWNER will provide the following Owner Supplied Materials: 

 In general, Company shall supply all pressure containing components considered to be permanent to the facility, i.e. bolts, nuts, gaskets used for testing are excluded. A preliminary list is provided below. 
  

			
	 QTY
	  	 Description

	
	Reference: Drawing Nos. D-02-01ML-001 - D-02-01ML-012 (12/06 FERC Drawings)
		
	106,200 ft	  	Line Pipe, 42” OD x 0.600” WT, API 5L X-70 SAW; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating and 5.0” thick, 190 pcf density CWC (assume 2,000 ft.
extra)
		
	5,840 ft	  	Line Pipe, 42” OD x 0.720” WT, API 5L X-70 SAW; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating and 5.0” thick, 190 pcf density CWC (assume 200 ft.
extra)
		
	11,480 ft	  	Line Pipe, 42” OD x 0.720” WT, API 5L X-70 SAW; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating and 30 mils abrasion resistant overlay (HDD Pipe) (assume 4,640 ft.
extra)
		
	80 ft	  	Line Pipe, 42” OD x 0.846” WT, API 5L X-70 SAW; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating and 5.0” thick, 190 pcf density CWC for gravel road crossings (assume
40 ft. extra)
		
	1	  	Class 1 PI Induction Bends, 42” OD x 0.720” WT, API 5L X-70 SAW, 5D Radius, various angles; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating
		
	3 (+1 spare)	  	Segmentable Ells (3 ea. 22.5 degree & 1 ea. 90 degree), HDD Entry/Exit Induction Bends, 42” OD x 0.750” WT, API 5L X-70 SAW, 5D Radius, various angles; Coated with 14 - 16 mils
FBE, 1.5 mils internal flow coating. Contractor to advise location and intention of using induction bends for HDD Entry or Exit where drawings indicate otherwise.
		
	3	  	Class 2 PI’s, 42” OD x 0.864” WT, API 5L X-70 SAW, 5D Radius, various angles; Coated with 14 - 16 mils FBE, 1.5 mils internal flow coating.
		
	-	  	Contractor to advise Company of potential overbends and sagbends to be included for the road crossing at the Mainline Valve Station. Company will supply induction bends.
		
	~ 200	  	Anodes, ~545 lb (net) each; zinc. Anodes will be pre-installed on pipe joints with tapered concrete coating to match anode thickness by coating contractor. Anode cluster joints to be installed
on HDD tail segments for HDD protection.
		
	Reference:	  	Drawing No. CT-18-P-000-E-900 & CT-18-P-000-G-7222 (Typical MLV Assembly)
		
		  	All materials shown on Typical MLV drawings to be provided by Company.

  

 K-8 








	 	16.2	The CONTRACTOR shall take custody of the pipe at Owner’s coating contractor’s yard in New Iberia, Louisiana. Other Owner furnished materials will be transported to
CONTRACTOR’s designated facilities. 

  

	 	16.3	Owner will provide line pipe that conforms to the manufacturing specification(s). Owner will furnish double random joints in lengths of approximately 40 feet.


  

	 	16.4	CONTRACTOR shall store Owner furnished materials in a manner and locations so as not to incur damage, deterioration or theft. CONTRACTOR shall maintain an inventory control system
that documents the description, receipt, quantity, storage location, and use of all OWNER furnished materials. CONTRACTOR shall assume full responsibility for all OWNER supplied material once custody transfer of such material occurs. CONTRACTOR
shall provide copies of the receiving documents, mill and test certificates to OWNER’s onsite representative within 24 hours of receipt. 

  

	 	16.5	CONTRACTOR shall inspect upon receipt all OWNER furnished materials to ensure that they are in accordance with the quantities and description provided in the shipping documents and
purchase orders. CONTRACTOR shall ensure that all materials are accompanied with mill certificates, test certificates, etc. as applicable. CONTRACTOR shall segregate any materials that appear to be defective, damaged or previously used and notify
OWNER immediately upon making this determination. Any defective or damaged materials which have not been identified at the time of delivery, other than latent defects, shall be the responsibility of CONTRACTOR and all costs arising out of the repair
and/or replacement of said materials shall be at CONTRACTOR’s sole expense. 

  

	 	16.6	At Final Completion, CONTRACTOR shall provide a listing of OWNER’s surplus material. CONTRACTOR shall return all excess pipe and material to OWNER’s coating
contractor’s facility or other location to be determined by OWNER, provided the other location is no further than the distance from the work site to the initial point of receipt. 

  

	 	16.7	CONTRACTOR shall not install any materials into the Project, regardless of origin, which are defective, damaged, previously used or do not have applicable mill and/or test
certificates, etc. unless authorized to do so by OWNER in writing. CONTRACTOR shall keep a receiving log during the term of the Agreement. This log shall contain a description and count of the materials that were received, the condition of the
material at time of receipt, the date received and the name and position of the person who received the materials. 

  

	 	16.8	CONTRACTOR shall be required to ensure that there is suitable access and load out facilities to accommodate CONTRACTOR’s proposed pipe haul equipment. CONTRACTOR shall bear the
responsibility for access and/or fees for its equipment, if applicable. CONTRACTOR shall bear the responsibility of timely communication with coating contractor’s personnel to coordinate the logistics of pipe load-out. CONTRACTOR shall be
responsible for tie-down design, stanchion design and transportation of the OWNER supplied pipe. Load-out and tie-down arrangements shall be subject to review and acceptance by OWNER. Acceptance by OWNER shall in no way relieve CONTRACTOR of any
liabilities with regard to CONTRACTOR’s faulty workmanship, loss of cargo, etc. 

  

	 	16.9	CONTRACTOR shall review and approve spare material ordered for contingency. 

  

 K-9 







 ATTACHMENT L 
 APPROVED SUBCONTRACTORS 
 Survey: Morris P. Hebert 
 Dredging: C. F. Bean, Berry Brothers 
 Board Road: Tanner Construction, Soloco, BLR Contractors 
 NDE Inspection: Oceaneering 
 Diving Services: Epic Companies, Triton
Diving, G&G Marine 
 Hydrotesting: Weatherford Pipeline Services 
 FBE Coating: Commercial Coating 
  

 L-1 







 ATTACHMENT M 
 CONTRACTOR ASSUMPTIONS AND CLARIFICATIONS 
  

	1.	Contractor assumes that the Environmental Coordinator and/or Environmental Inspector will be provided by Owner. 

  

	2.	Commissioning activities involving gas handling or placement of the pipeline into Natural Gas Operations is not included in the Scope of Work. 

  

	3.	The Estimated Contract Price includes the cost of tie-ins that are anticipated based upon the Drawings. The location of all such anticipated tie-ins are specified in the Pricing
Schedule, Attachment J. Additional tie-ins, beyond those anticipated and specified in the Pricing Schedule, shall be provided pursuant to a Change Order at the rates set forth in Schedule D-3. 

  

	4.	Contractor assumes that, with regard to the pipeline crossing of the 30-inch and 36-inch foreign pipelines identified in Paragraph 4.3 of Attachment K, the Scope of Work
includes installation of the proposed 42-inch pipeline above these foreign pipelines. If Contractor is required to install the proposed 42-inch pipeline beneath these foregoing foreign pipelines or other unknown foreign pipelines, such work shall be
provided pursuant to a Change Order at the rates set forth in Schedule D-3. 

  

	5.	Shutdown time caused by excessive turbidity of the water (i.e., turbidity higher than permitted amounts) is not included in the Estimated Contract Price or Project Schedule.
Contractor shall be entitled to an increase in the Estimated Contract Price for all downtime due to such event in accordance with the standby crew rates set forth in Section 1 of Schedule D-3 or, if mutually agreed upon by the
Parties in writing, the labor and equipment rates set forth in Section 2 of Schedule D-3. Subject to the requirements of Sections 6.5 and 6.10, Owner’s liability for such rates shall commence when it becomes necessary to suspend the
Work and begin demobilization for protection of the vessel used in the performance of the Work and its complement, be operable during demobilization and remobilization at the Site, and expire upon recommencement of Work at the Site. Any adjustment
to the Estimated Contract Price shall be recorded in a Change Order. 

  

	6.	Permanent pipeline markers, aerial markers and “Do Not Anchor or Dredge” signs are not included in the Scope of Work. 

  

	7.	Contractor assumes the construction right-of-way (ROW) width for the marsh will be 120 feet and that the construction ROW width for Lake Calcasieu will be 300 feet.


  

	8.	Contractor assumes that the line pipe will be provided with a compound bevel in accordance with Contractor’s modified K-bevel design provided to Owner.


  

	9.	Contractor assumes Work will be performed twelve (12) hours per Day for six (6) Days per week (Monday through Saturday) for all activities, except that directional
drilling and dredging activities which will be performed twenty-four (24) hours per Day seven (7) Days per week. 

  

	10.	Marine mechanical excavation and burial Construction Equipment operating in Lake Calcasieu will maintain a minimum distance of ten (10) feet from foreign pipelines unless a
lesser distance is otherwise authorized in written crossing agreement with third-party owner/operator(s) or without verbal approval and instruction by an authorized foreign pipeline owner/operator(s) . In no event shall marine mechanical excavation
and burial Construction Equipment be operated within two (2) feet of foreign pipelines. 

  

	11.	Scope of Work includes utilization of automatic welding with AUT inspection on push and barge lay construction. Manual (stick) welding with external radiography inspection will be
utilized on all land lay, tie-ins and fabrication. 

  

	12.	Scope of Work does not include any costs for providing any field bending. Owner will provide coated fittings or bends required for elevation and direction changes.


  

	13.	The Scope of Work includes Contractor providing Fusion Bond Epoxy for coating of production welds and a two-part brush on epoxy (Protol 7000 or equal) for coating of tie in welds.


  

 M-1 








	14.	The Estimated Contract Price excludes the cost of providing post-weld heat treatment. 

  

	15.	Disking, lime, seed, mulch, fertilizer, sprigging, wetland re-vegetation, and double ditching are not included within the Scope of Work. 

  

	16.	Contractor assumes Owner will provide loading services at pipe yard onto Contractor provided trucks or barges. 

  

	17.	Contractor assumes Owner will provide pipe for testing procedures, welders and fabrication of calibration blocks in the following quantities by the following dates:


  

					
			
	0.600” W.T.	  	NDT Procedure Calibration	  	January 15, 2007
			
	0.600” W.T.	  	Weld Procedure Qualification	  	February 15, 2007
			
	0.600” W.T.	  	Welder Testing	  	April 15, 2007
			
	0.720” W.T.	  	NDT Procedure Calibration	  	January 15, 2007
			
	0.720” W.T.	  	Weld Procedure Qualification	  	February 15, 2007
			
	0.720” W.T.	  	Welder Testing	  	April 15, 2007

  

	18.	The Estimated Contract Price does not include the cost for providing joint infill on field welds. 

  

	19.	The Estimated Contract Price does not include any costs for hauling surplus pipe remaining at the coating yard after construction. 

  

	20.	Contractor assumes that line pipe will be provided with the long seam pre-ground approximately 5” (plus 1” / minus 0”) to allow for AUT inspection.


  

	21.	Contractor assumes that line pipe will be provided with approximately 5” (plus 1” / minus 0”) of coating cutback and 24” of concrete cutback to allow for
automatic welding and AUT inspection. 

  

	22.	The welding and inspection requirements included in the Scope of Work are set forth in API 1104 19th edition, Appendix A. 

  

	23.	Contractor will provide three (3) feet of cover for marsh construction and four (4) feet of cover for lake construction as set forth in Section 1.2 and 4.1 of
Attachment K. 

  

	24.	Contractor assumes that bands and clips required to fasten pipeline floats will be allowed to remain in the pipe trench after cutting floats, provided that any bands and clips
within three (3) feet of field joints are removed. 

  

	25.	Contractor assumes that directional drilling mud will be allowed to remain in the entry and exit pits, which are located in open water, as is a common industry practice. As part of
the Scope of Work, excess drilling mud at land access points will be transported to and land farmed on private property. 

  

	26.	The Estimated Contract Price does not include any costs for pipeline crossings in the land push sections. 

  

	27.	Contractor assumes that all foreign pipelines in Calcasieu Lake are at an elevation that will allow marine equipment to float over. The Estimated Contract Price does not include any
costs required for removing or lowering existing pipelines, and such work shall be provided pursuant to a Change Order on a time and materials basis at the rates set forth in Schedule D-3. 

  

	28.	Contractor assumes a requirement of approximately 1,000 linear feet of open trench (500 feet in both directions) to lift the 42-inch pipelines for tie-in purposes.


  

	29.	The Scope of Work does not include fencing, access road, fill material or aggregate at the MLV site. 

  

	30.	As part of the Scope of Work, Contractor will dig a barge access channel from the Calcasieu River to the right-of-way on the southern end of Calcasieu Lake, in accordance with Dwg
Nos. D-02-01ML-Vicinity Map and D-02-01ML-004. 

  

 M-2 








	31.	Contractor has allowed two (2) Days prior to commencement of Work for Safety and Environmental Training for Contractor personnel and Subcontractors. 


 

	32.	Contractor assumes that no drip pans will be required beneath amphibious equipment such as marsh buggies or marsh excavators. 

  

	33.	Contractor assumes that steel cables will be allowed to lift and pull on concrete coated pipe. 

  

	34.	The Scope of Work includes the capturing and containing of any hydrocarbons on Contractor vessels, but the Estimated Contract Price does not include the cost for capturing or
containing any rain or wash water. 

  

	35.	The Estimated Contract Price does not include any costs for providing a separate caliper pig run for individual drill sections. 

  

	36.	Contractor assumes that partial welds will be allowed at the end of each Day or weekly production for push/pull construction, provided that Contractor has qualified a welding
procedure for incomplete welds. 

  

	37.	The Estimated Contract Price does not include any costs for providing treated water for hydrotesting or pigging. 

  

	38.	The Estimated Contract Price does not include any costs for neutralizing water for or after hydrotesting. 

  

	39.	The Estimated Contract Price does not include any costs for providing any “Ditch stabilization materials and designs”. 

  

 M-3 







 ATTACHMENT N 
 GUARANTY AGREEMENT 
 THIS GUARANTY AGREEMENT (this “Guaranty”), dated as of
January 5, 2007, is issued and delivered by Cheniere Energy, Inc., a Delaware corporation (the “Guarantor”) for the benefit of Sunland Construction, Inc., a Louisiana corporation (the “Beneficiary”). 
 WHEREAS, Beneficiary has entered into that certain Construction Agreement with an affiliate of Guarantor, Cheniere Creole Trail Pipeline, L.P., a
Delaware limited partnership (“Company”) for the construction of the Creole Trail Pipeline - Segment 2 Project, Alternate Route Single Line Option (the “Agreement”). 
 WHEREAS, Beneficiary has required that, as an inducement for Beneficiary to enter into the Agreement, Guarantor deliver to Beneficiary this Guaranty.

 NOW, THEREFORE, in consideration of the foregoing and for good and valuable consideration, Guarantor hereby agrees as follows: 

1. Guaranty; Limitation of Liability. Subject to the terms and conditions of this Guaranty including, without limitation, Section 5 below,
Guarantor guarantees to Beneficiary the timely payment of Company’s payment obligations under the Agreement (without regard to whether Company disputes the amount of any such payments) (the “Obligations”) provided that
(i) Guarantor’s liability under this Guaranty shall not at any time exceed Twelve Million U.S. Dollars (US $12,000,000), (ii) except as specifically provided in this Guaranty or in the Agreement, Guarantor shall not be liable for or
be required to pay any consequential (including loss of profits), indirect, exemplary, or punitive damages and (iii) if Company disputes any portion of a payment due under the Agreement, Guarantor shall not be obligated to pay to Beneficiary
the disputed portion of such payment (but shall pay the undisputed portion) until such dispute is resolved (by agreement, by arbitration, or otherwise). Guarantor shall pay all amounts from time to time due under this Guaranty within 2 Business Days
after written demand from Beneficiary. 
 2. Effect of Amendments. Guarantor agrees that Beneficiary and Company may modify, amend,
and supplement the Agreement and that Beneficiary may delay or extend the date on which any payment must be made pursuant to the Agreement or delay or extend the date on which any act must be performed by Company thereunder, all without notice to or
further assent by Guarantor, who shall remain bound by this Guaranty, notwithstanding any such act by Beneficiary. 
 3. Waiver or
Reservation of Rights. Guarantor expressly waives (i) protest, notice of protest, and presentment, (ii) notice of acceptance of this Guaranty by Beneficiary, and (iii) demand for payment of any of the Obligations except as
provided in Section 1. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims, and other defenses that Company may have to payment of all or any portion of the
Obligations except defenses arising from the bankruptcy, insolvency, dissolution, or liquidation of Company and other defenses expressly waived in this Guaranty or by the Company. 
 4. Primary Liability of the Guarantor. Guarantor agrees that Beneficiary may enforce this Guaranty without the necessity at any time of
(i) resorting to or exhausting any other security or collateral, or (ii) first proceeding in a collection action against Company. This is a continuing Guaranty of payment and not merely of collection. 
 5. Term of Guaranty. This Guaranty is intended to be and shall be construed to be a continuing, absolute, and unconditional guaranty and shall
remain in full force and effect until the earlier to occur of (i) the work under the Agreement is complete and all Obligations have been paid in full by or on behalf of the Company and (ii) substitute credit support acceptable to
Beneficiary has been provided under Section 7 hereof. 
 6. Subrogation. Guarantor will not exercise any rights that it may
acquire by way of subrogation until all Obligations shall have been paid in full. Subject to the foregoing, upon payment of all such Obligations, Guarantor shall be subrogated to the rights of Beneficiary against Company, and Beneficiary agrees to
take at Guarantor’s expense such steps as Guarantor may reasonably request to implement such subrogation. 
 7. Substitute Credit
Support. If at any time during the term of this Guaranty, (i) the unrestricted cash or Net Working Capital reported on Guarantor’s annual or quarterly financial statements filed with the Securities Exchange Commission falls below One
Hundred Twenty-Five Million U.S. Dollars (US$125,000,000); (ii) any invoice under the Agreement for an undisputed amount is not paid by Company when due (including any applicable 

  

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grace periods under the Agreement) and such failure is not cured within five (5) business days; or (iii) twice during any six-month period an
invoice under the Agreement for an undisputed amount is not paid by Company when due (including any applicable grace periods) and such failure is cured within five (5) business days; then within five (5) business days of written notice
from Beneficiary of the occurrence of either (i), (ii) or (iii) above, Guarantor (itself or through Company) shall, in Guarantor’s sole and absolute discretion, either (a) cause a standby letter of credit in the amount of Twelve
Million U.S. Dollars (US$12,000,000) to be issued by a bank, and on terms, reasonably acceptable to Beneficiary, naming Beneficiary as beneficiary, to be available to Beneficiary in the event of Company’s failure to pay undisputed amounts when
due under the Agreement; or (b) deposit Twelve Million U.S. Dollars (US$12,000,000) in an escrow account at a financial institution, and on terms, reasonably acceptable to Beneficiary, which funds would be available to Beneficiary in the event
of Company’s failure to pay undisputed amounts when due under the Agreement; provided that if Guarantor provides or causes Company to provide the letter of credit under (a) or the escrowed funds under (b) then this Guaranty
shall immediately and automatically be terminated and Guarantor shall have no further liability to Beneficiary under this Guaranty whatsoever. For purposes of this Section 7, “Net Working Capital” means total current assets less total
current liabilities. 
 8. Governing Law. This Guaranty shall be governed by and construed in accordance with the laws of the State of
Texas except any principles of law which would refer the governance and construction to the laws of another state or jurisdiction. 
 9.
Arbitration. The parties agree that any claim, dispute or controversy arising out of or relating to this Guaranty (including the breach, termination or invalidity thereof, and whether arising out of tort or contract)
(“Dispute”) shall be resolved by final and binding arbitration in accordance with this Section 9. Any arbitration held under this Guaranty shall be held in Houston, Texas, unless otherwise agreed by the parties, shall be
administered by the Dallas, Texas office of the American Arbitration Association (“AAA”) and shall, except as otherwise modified by this Section 9, be governed by the AAA’s Construction Industry Arbitration Rules and Mediation
Procedures (including Procedures for Large, Complex Construction Disputes) (the “AAA Rules”). The number of arbitrators required for the arbitration hearing shall be determined in accordance with the AAA Rules. The arbitrator(s) shall
determine the rights and obligations of the parties according to the substantive law of the state of Texas, excluding its conflict of law principles, as would a court for the state of Texas; provided, however, the law applicable to the validity of
the arbitration clause, the conduct of the arbitration, including resort to a court for provisional remedies, the enforcement of any award and any other question of arbitration law or procedure shall be the Federal Arbitration Act, 9 U.S.C.A.
§ 2. Issues concerning the arbitrability of a matter in dispute shall be decided by a court with proper jurisdiction. The parties shall be entitled to engage in reasonable discovery, including the right to production of relevant and
material documents by the opposing party and the right to take depositions reasonably limited in number, time and place, provided that in no event shall any party be entitled to refuse to produce relevant and non-privileged documents or copies
thereof requested by the other party within the time limit set and to the extent required by order of the arbitrator(s). All disputes regarding discovery shall be promptly resolved by the arbitrator(s). This agreement to arbitrate is binding upon
the parties, Beneficiary’s surety (if any) and the successors and permitted assigns of any of them. At Guarantor’s or Beneficiary’s option, any other person or entity may be joined as an additional party to any arbitration conducted
under this Section 9, provided that the party to be joined is or may be liable to either party in connection with all or any part of any Dispute between the parties. The arbitration award shall be final and binding, in writing, signed by all
arbitrators, and shall state the reasons upon which the award thereof is based. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof 
 10. Entire Agreement; Amendments. This Guaranty integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes
all oral negotiations and prior writings in respect to the subject matter hereof. This Guaranty may only be amended or modified by an instrument in writing signed by each of Guarantor and Beneficiary. 
 11. No Third-Party Beneficiary. This Guaranty is given by Guarantor solely for the benefit of Beneficiary and is not to be relied upon by, or for
the benefit of, any other person or entity. 
 12. Assignment. Neither Guarantor nor Beneficiary may assign its rights or obligations
under this Guaranty without the prior written consent of the other. This Guaranty shall be binding upon Guarantor and its successors and permitted assigns and shall inure to the benefit of Beneficiary and its successors and permitted assigns.

  

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 13. Representations and Warranties. Guarantor represents and warrants to Beneficiary as of the
date hereof that: 
  

	 	a)	Guarantor is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation and has full power and legal right to execute and deliver
this Guaranty and to perform the provisions of this Guaranty on its part to be performed; 

  

	 	b)	The execution, delivery, and performance of this Guaranty by Guarantor have been and remain duly authorized by all necessary corporate action and do not contravene any provision of
its certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it or its assets; 

  

	 	c)	This Guaranty constitutes the legal, valid, and binding obligation of Guarantor enforceable against it in accordance with its terms, except as enforcement hereof may be limited by
applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights or by general equity principles. 

 14. Notices. Any communication, demand, or notice to be given hereunder will be duly given when delivered in writing or sent by facsimile to
Guarantor or to Beneficiary, as applicable, at its address as indicated below: 
  

			
		
	If to Guarantor, at:	  	If to Beneficiary, at:
		
	Cheniere Energy, Inc.	  	Sunland Construction, Inc.
	717 Texas Avenue, Suite 3100	  	2532 Aymond Street
	Houston, Texas 77002	  	Eunice, Louisiana 70535
	Attn: Risk Management	  	Attn: [                        ]
	Fax: 713-659-5459	  	Facsimile: 337-546-0245
		
	With a copy to:	  	
		
	Cheniere Creole Trail Pipeline, L.P.	  	
	717 Texas Avenue, Suite 3100	  	
	Houston, Texas 77002	  	
	Attn.: [                        ]	  	
	Fax: 713-659-5459	  	

 or such other address as Guarantor or Beneficiary shall from time to time specify. Notice shall be deemed given
(a) when received, as evidenced by signed receipt, if sent by hand delivery, overnight courier, or registered mail or (b) when received, as evidenced by transmission confirmation report, if sent by facsimile and received on or before 4:00
o’clock p.m. local time of recipient, or (c) the next business day, as evidenced by transmission confirmation report, if sent by facsimile and received after 4:00 o’clock p.m. local time of recipient. 
 15. Survival. The following provisions of this Guaranty shall survive termination of this Guaranty: Sections 1, 6, 8, 9, 10, 11, and this
Section 15. 
 16. Headings. The headings of the various Sections of this Guaranty are for convenience of reference only and
shall not modify, define, or limit any of the terms or provisions hereof. 
 IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of
the day and year first above written. 
  

			
	CHENIERE ENERGY, INC.
		
	By:	 	  
	Name:	 	  
	Title:	 	  


  

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 Acknowledged and Agreed: 
  

			
	SUNLAND CONSTRUCTION COMPANY, INC.
		
	By:	 	  
	Name:	 	  
	Title:	 	  


  

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