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Reficar Cartagena Refinery Expansion, Colombia - EKN

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� Primary treatment, including oil removal (e.g., API separators) and storage,<br />

1101335.000 04F1 0611 MJ21<br />

equalization, neutralization, coagulation, flocculation, and fluidized aeration<br />

(DAF)<br />

� Secondary treatment, including denitrification, oxidation-reduction, final<br />

clarification<br />

� Tertiary treatment, including disinfection, filtration (sand and carbon)<br />

� Sludge treatment.<br />

43<br />

June 21, 2011<br />

The system described in the EIA is being replaced by a Siemens designed system. Siemens’s<br />

technical proposal to supply raw water and wastewater treatment equipment and services, which<br />

includes two process performance guarantees to meet IFC guidelines for effluent criteria, and<br />

covers all above-mentioned wastewater impacts, was accepted by <strong>Reficar</strong> under their Purchase<br />

Order No. 42166001-PO-1311154001 dated March 23, 2011 (the Purchase Order). Siemens<br />

will provide the basic engineering and the major equipment, and construction will be performed<br />

by CB&I.<br />

The process performance guarantees are in the form of make good warranties up to a limit of<br />

1) US$10.0 million for impaired performance of the wastewater treatment system and<br />

2) US$2.295 million for impaired performance of the raw water treatment system, for failure of<br />

the systems to achieve the guarantees in accordance with the terms and conditions of the<br />

guarantees as set forth in the Purchase Order. The process performance guarantees may be<br />

drawn once the plant is constructed and confirmatory sampling has taken place (see Table 8).<br />

In addition to the process performance guarantees, Siemens will provide an Irrevocable Standby<br />

Letter of Credit (Standby L/C) in favor of <strong>Reficar</strong> in an amount equal to 15% of the Purchase<br />

Order price (US$35.31 million). Such Standby L/C shall be opened as condition precedent to<br />

the first milestone payment and shall remain in full force and effect until full delivery of the<br />

goods under the Purchase Order to <strong>Reficar</strong>, at which time such Standby L/C shall be reduced to<br />

an amount equal to 5% of the Purchase Order price. The reduced Standby L/C shall remain in<br />

full force and effect until the expiry of the Base Warranty Period.

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