SD-L-SEI-TCH-0011 - Certification of Completion-Offshore Work Payment Milestone 2

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SIEMENS Conimed by Fedéx Tracing #795 98 8408 March 28, 2012 ‘SD-L-SEI-TCH-0011 CNS#: 0301 ‘Termochilca S.A.C. Ay. La Enoalada 1388 Off. 601 Santiago de Surco Lima 33, Péru Attn: Ms. Carmen Tatiana Alegre Chalo Gerente General Re: _ Lump Sum, Turkey, Engineering, Procurement and Construction Contract, dated as of March 24th, 2011 and any subsequent amendments (‘Contract’) between TERMOCHILCA S.A.C. (“Owner”), Scotiabank Peru S.AA. ("Bank") and Siemens Energy inc. ("Contractor’) for Phase 1 of the Santo Domingo de los Olleros Power Project Subject: Certificate of Completion, Offshore Work Payment Milestone 2 Dear Ms. Alegre: Contractor hereby certifies completion of Offshore Work Payment Milestone 2 — AE Ser Place in accordance with terms of the Contract and Appendix F-1, Offshore Work Milestone Payment Schedule. The following documents are provided: 4. Application for Offshore Work Milestone Payment in the form of Appendix F-1 Exhibit A upon Month, 2 from the Commencement Date, with a value of 5 percent of the Offshore Work Contract Price, in the amount of Three Million Two Hundred Sixty Eight Thousand Nine Hundred Dollars (US$ $3,268,900). Solely for the purpose of calculating Contractor Taxes in accordance with Section 2.2.7.4 of the Contract, Contractor declares "Offshore Engineering Work" in the amount of US $2,615,120.00 is included in Offshore Payment Request for Milestone 2. Partial Lien Waiver in the form of Appendix L-1 3. Certified copy of purchase order 4500638939 (page 1 only) issued to Siemens Power Engineering PVT LTD (hereafter SPEL), Guragon HR, India documenting that the contractual basis is in-place for SPEL to provide AE services for Phase 1 the Santo Domingo de los Olleros Power Project. Through this letter, and in accordance with section 5.1.4 (c) of the Contract, Contractor represents that: (the quality of all Work described in the Application for Payment is in accordance with the terms of this Agreement; (i) all Work described in such Application for Payment has been fully completed or performed in accordance with the Agreement and Contractor is enfitled to payment in the amount of the Application for Payment; (ii) each of the representations and warranties made by Contractor in Article 15 were true and correct when made and remain true and correct as of the date of such Application for Payment; and (iv) all undisputed amounts due to any employee of Contractor, including salary and benefits, have been paid according with Applicable Laws and no claims have been filed or made against Contractor for any such undisputed amounts. Siemens Energy Ine. 4400 Aataya Tal Gland, PUB SIEMENS Capitalized terms used and not otherwise defined herein have the meanings given to them in the Lump Sum, Turnkey, Engineering, Procurement and Construction Contract dated as of March 24, 2011 between Owner and Contractor. Ifyou have any questions, please do not hesitate to contact me. Sincerely, Richard G. Marron, PMP General Project Manager Attachment: (3 Pages) Electronic Delivery Carmen Tatiana Alegre Chalco ‘mail to: talegre@termochilea.com José Antonio Zolla ‘mailto: zolla@termochilea,com ‘Jorge Mendoza Mujica ‘mailto: jmendoza@termochilca,com Document Control ‘mail to: docurnentcontrol@termochilca.com Myrko Flores ‘mailto: mfiores@termochilca.com SANTO DOMINGO POWER PLANT. CHILCA, PERU LUMP SUM, TURNKEY, ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACT CONTRACT APPENDIX Contract No.: TCH-CSD-001 Rev.: 00 APPENDIX L-1 CONTRACTOR'S PARTIAL LIEN WAIVER Payment Milestone No. 2 The undersigned, Siemens Energy, Inc. or its assignee, if applicable (‘Contractor’), has been engaged under the Agreement with Termochilea S.A.C., (‘Owner’) to furnish materials, ‘equipment, services and/or labor for the facility known as the Santo Domingo de los Olleros Project (such facility, together with the property on which such facility is located, the “Project”) and located in the Chilca District about sixty (60) kilometers south of Lima, Peru. Upon receipt of Three Million Two Hundred Sixty Thousand Nine Hundred Dollars (US$3,268,900), Contractor hereby waives and releases, to the extent of the foregoing payment, all liens or encumbrances, or the right of liens or encumbrances, or claims of liens or encumbrances on the Project, arising out of the Agreement, that Contractor has against Owner, on account of work done or services performed or labor or materials furnished by the Contractor 0 or for the Project through the date hereof. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Lump Sum, Turnkey, Engineering, Procurement and Construction Contract, dated as of 24 March 2011, between Owner and Contractor. Dated this 28th day of March 2012 Siemens Energy, Inc. aS Name: Richard G. Marron Title: General Project Manager Siemens Energy, Inc. Confidential EXHIBIT A TO APPENDIX Ft APPLICATION FOR OFF SHORE WORK MILESTONE PAYMENT To: ‘TERMOCHILCA S.A.C. Ay, La Encalada 1388, Oficina 601 Santiago de Suteo, Lma 33 Pens [ATTENTION: Ms. Carmen Tatiana Alege Chalco From: Slomons Enorgy, Inc. 4400 Aataya Trai Orlando, FL 32826 USA, [APPLICATION FOR OFF SHORE WORK MILESTONE PAYMENT (Genacters voice Nor |. Mlestone Payment Schedule for Offshore Work (ae Tiere 2207 Prepared by:_M.Rubio Date. Mar 28, 2012 at Fa NP ne Poca of an Pre] "TO z 7 Gonna 00% sz 00 Toate ‘Sason Tae] (ana FFenORE WORK PRE sapromnay Lo esr SK ‘oa es Por Payers ecoed enosnooae Pr Pemere eee ssconse GuRAENTAPRUCATION FOR PATWENT famine beste ave soc la akon ON CRRENT APPL soa cursewr wwoce Tova, Timipona BALANCE oF CFFanORe WORK PRE [ESE MALS CURRENT NVOE| —saarzso rowed 83 _ Mae 2%, 20:2 Name: rd Haron Te rare Pe Menage Sonor Errore [Racine -Gaatinton of isione Conpaton (PO AOnHO3, Page On) Lien Wave Confidential Document SIEMENS Purchase Order Print ania012 Saar Ene, ne PO minibar date (AW = NN 2 Sienne Company = Org 19 201368 4500638939 - 03/26/2012 ‘oe tay Ta Seo ean ORLANDO FL, 32826-7099 Usa Gary Stange: 407 407-736-7828 “ATTN: DOMINIK HOFMANN Delivery terms = ‘SIEMENS POWER ENGINEERING PVT LTD. FCA SELLER PRET ea" PLOT NO 78 Payment ferms: a TOWER B JIL. Next Payment After Pasting GURAGON HR 122001 Currency: ~ IN usp Dake. Please deliver to: Invoice to: ‘SEE NOTES FOR DELIVERY ADDRESS Please submit your invoices electronically and self register via the Invoices On Line (IOL) portal at httplAvww.iolportal.comisiemens! . ‘THE FRAME CONTRACT FOR THE RENDERING OF ENGINEERING SERVICES BETWEEN SIEMENS POWER ENGINEERING PRIVATE LIMITED AND SIEMENS POWER GENERATION, INC., VERSION 26 FEBRUARY 2004, INCLUDING AMENDMENTS 1, 2, 3, 4, 5, 8, 7, AND 8 APPLY TO THIS PURCHASE ORDER. ‘THE PRE-PRINTED TERMS AND CONDITIONS OF THIS PURCHASE ORDER DO NOT APPLY. PLEASE ACKNOWLEDGE THIS PURCHASE ORDER BY SIGNING AND DATING THE PO ACKNOWLEDGEMENT COPY AND RETURNING IT TO THE BUYER. item Material Description 7 Qty/Unit Prico Hem Vahie 00001 AE Contract / Services Contractual Commitment Date: 04/30/2012 GA. Account: 60200032 Tax Code: NT Not Taxable - US ee ee nua cane eR EES NER, Sener Pet oe oak Bore stoh 12

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