Case Document 1 Filed 02/19/16 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION MAINTENANCE ENTERPRISES, LLC, CIVIL ACTION Plaintiff, NO. v. ORASCOM USA, INC. and IOWA FERTILIZER COMPANY, LLC JURY TRIAL DEMANDED Defendants. Plaintiff Maintenance Enterprises, LLC, by its attorneys, and for its Complaint against Defendants Orascom USA, Inc. and Iowa Fertilizer Company, LLC, states and alleges as follows: PARTIES 1. Plaintiff, Maintenance Enterprises, LLC is a Louisiana Limited Liability Company with its principal place of business in White Castle, Louisiana. MEI is a wholly owned subsidiary of MEI Group LLC, a Louisiana Limited Liability Company with its principal place of business in White Castle, Louisiana. MEI Group, in turn, is a wholly owned subsidiary of Crown Enterprises LLC, a Louisiana Limited Liability Company with its principal place of business in White Castle, Louisiana. The members of Crown Enterprises LLC are four individuals who are citizens of the State of Louisiana. 2. Made defendant herein is Orascom USA, Inc. OEC is a Delaware Corporation with its principal place of business in McLean, Virginia, and a wholly owned engineering and construction subsidiary of Egyptian-based Orascom Construction. At all Case Document 1 Filed 02/19/16 Page 2 of 21 relevant times, MEI was engaged by OEC to perform certain services in connection with the construction of a fertilizer production facility in Wever, Iowa, owned by defendant Iowa Fertilizer Company, LLC. 3. Made defendant herein is Iowa Fertilizer Company, LLC a Delaware limited liability company. According to ?lings made with the US. Securities and Exchange Commission, the ultimate parent of IFC is OCI N.V., a public company with limited liability incorporated under the laws of the Netherlands. Upon information and belief, none of the members of IFC at any tier are citizens of the State of Louisiana. JURISDICTION AND VENUE 4. This Court has personal jurisdiction over CBC and IFC because they have transacted, and are currently transacting, business in Iowa, including the project that is the subject of this complaint. Further, CBC and IFC have sufficient contacts with Iowa to be subject to this Court?s general jurisdiction. 5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1332. Plaintiff MEI and Defendants CBC and IFC are citizens of different states as defined at 28 U.S.C. 1332(a)(l) The amount in controversy exceeds the jurisdictional minimum of $75,000 set forth at 28 U.S.C. 1332(b). 6. Venue is proper in this Court pursuant to 28 U.S.C. I39l(a)(2), as a substantial part of the events, acts and omissions giving rise to the claim occurred in this judicial district, and the property that is the subject of this action is situated in this judicial district. FACTS 7. OEC is a wholly?owned subsidiary of Orascom Construction, a global engineering and construction contractor primarily focused on infrastructure, industrial and high? Case Document 1 Filed 02/19/16 Page 3 of 21 end commercial projects in the Middle East, North Africa, the United States, and the Paci?c Rim for public and private clients. Orascom Construction is dually listed on NASDAQ Dubai and the Egyptian Exchange. 8. MEI is a Louisianawbased construction company offering a wide array of construction related services throughout the United States, including project management, maintenance, construction, fabrication, plant/process unit relocation and ?re repair/rebuilds. 9. In March 2013, OEC, as general contractor, began construction of a fertilizer plant in Wever, Iowa for IFC (the ??Project?), which, at an expected construction cost of $1.9 billion, was then reported to be the first world-scale fertilizer plant built in the United States in 25 years. The Project was initially scheduled to complete in early 2016. 10. Over the course of the Project, OEC engaged MEI to perform two distinct scopes of work that are referred to by the parties as the ?Upstream Scope? and the Scopef? Upstream Scope 11. On or about June 9, 2014, OEC issued MEI a ?Limited Notice to Proceed? with respect to certain work at the Wever, Iowa site (the ?Upstream 12. Subsequently, MEI and OEC entered into a Construction Contract (the ?Upstream Contract?), with an effective date of September 8, 2014, under which MEI acted as a subcontractor to OEC to ?provide a11 labor, equipment and materials necessary to complete the Primary Reformer Construction? (a/k/a the ?Ammonia Primary Reformer Furnace?) as defined in certain Contract Documents incorporated by reference (the ?Upstream Scope?). The Ammonia Primary Reformer Furnace is a key component in the manufacture of the ammonia Case Document 1 Filed 02/19/16 Page 4 of 21 necessary to later produce nitrogen-?based fertilizer. Once in operation, the Wever plant is projected to produce between 1.5 2 million tons of fertilizer annually. 13. services under the Upstream Contract were provided on a ?xed?price and reimbursable price basis. 14. Pursuant to Amendment 0001 dated November 21, 2014, certain work, denominated as the Secondary Reformer, was added to Scope of Work under the Upstream Contract. 15. Pursuant to Amendment 0002 dated April 23, 2015, certain work, denominated 1001/1002 Piping, was added to scope of work under the Upstream Contract. 16. MEI commenced work under the Upstream Contract on or about June 9, 2014. MEI diligently prosecuted the Work required by the Upstream Contract until December 22, 2015, when work temporarily stopped due to the Christmas and New Year holidays. 17. On December 31, 2015, OEC issued a ?Notice of Scope of Work Reduction? pursuant to which OEC noti?ed MEI that is was removing (descoping) the 1001/1002 Piping from contract, and instructed MEI to take steps to demobilize from this work and arrange for the orderly transition of the remaining Upstream work to OEC. OEC further directed MEI to complete the Ammonia Reformer work. 18. MEI demobilized from the Upstream work on February 15, 2016. At the time of demobilization, MEI had completed all work required by the Construction Contract with the exception of the descoped 1001/ 1002 Piping, and work that required DEC?furnished materials that OEC had failed to provide. 19. Prior to mid-September, 2015, OEC paid applications for payment under the Upstream Contract more or less when due under the terms of the contract. After that point, Case Document 1 Filed 02/19/16 Page 5 of 21 however, OEC began withholding payments, and would only make payments after being placed in default by MEI. Even then, OEC would wait until the very end of the default cure period before making payment. 20. As of the time of filing, MEI has issued a notice of default to OEC regarding its failure to make timely payments under the Upstream Contract, but OEC is still within the thirty day cure period making the institution of dispute resolution proceedings premature. Further, disputes under the Upstream Contract are subject to resolution by arbitration, and consequently, MEI is not including any claims relating to the Upstream Contract in this Complaint at this time. Scope 21. In the ?rst quarter of 2015, OEC terminated the subcontractor responsible for the construction of the Facility?s ?Urea Unit,? (the Scope?) which is where the ammonia created earlier in the production process is used to make nitrogen-based fertilizer. 22. After terminating its subcontractor for the OEC met with MEI in April 2015 to negotiate whether, and on what terms, MEI might be willing to complete construction of the remaining Scope. 23. In a letter dated April 17, 2015, MEI provided OEC a time and material (or rate schedule for providing labor, tools, and supervision to complete the Scope. 24. By letter dated May 15, 2015, MEI transmitted a ?Budgetary Rough Order of Magnitude? (or ROM) estimate for the Scope in the amount of $84,976,69500. This estimate was based on estimated quantities of materials and equipment to be installed that was furnished by OEC. The estimated duration of the work was five months starting May 4, 2015 through September 15, 2015 working six days a week in two ten?hour shifts, which duration was also based on the estimated quantities of materials and equipment furnished by Case Document 1 Filed 02/19/16 Page 6 of 21 DEC. The May 15 letter made it clear that ?nal estimates could not be made until after the work in place could be assessed and evaluated. 25. On July 8, 2015, OEC issued MEI a ?Limited Notice to Proceed? (the The LNTP centained six numbered paragraphs as follows: 1. Scoge of Work Scope of Work includes the remaining mechanical work within the plant located within IFCO Nitrogen Fertilizer Facility. MEI has commenced with the pipe welding, equipment setting, and structural steel erection works as stated under Article 2 below. 2. Commencement Date It is understood that MEI has mobilized to do the works starting Mid April 2015. 3. Value of Works The works are estimated in accordance to the quantities, basis of estimate, staff rates, and inclusions attached hereto. All referred to as the Budget. OEC and MEI will negotiate in good faith a full contract for the construction of the Plant based on the MEI Budget Estimate. Further details of the rates shall be submitted by MEI upon request. 4. Invoicing Under LNTP MEI can invoice progress payments under this NTP, during the validity of the LNTP stipulated under article 5 below. 5. Validity of the LNTP The LNTP will expire upon Signature of Subcontract agreement, (ii) upon failure of the parties to mutually agree on the terms of a Subcontract on or before July 283? 2015 MEI has invoiced up to 50% ofthe Budget. 6. Completion Work Program Completion is to be within 5 months through September 15th 2015. Completion means completion of all Works, testing and commissioning and fit for the receipt and dispatch of product. LNTP (Exhibit A) at pp. 1-2. Case Document 1 Filed 02/19/16 Page 7 of 21 26. MEI commenced work under the Contract on or about April 21, 2015. 27. OEC issued two extensions of the July 8 LNTP dated September 1, 2015, and September 25, 2015. MEI and OEC, however, never negotiated and executed a de?nitive subcontract agreement for the Scope as they had in connection with the Upstream Scope. 28. MEI diligently prosecuted the Work required by the LNTP until December 22, 2015, when work temporarily stopped due to the Christmas and New Year holidays. At that time, MEI noti?ed OEC that, while it was eager to complete the Scope, it would not resume work until OEC had recti?ed its signi?cant past due invoice balance. In response to this notice, OEC issued a Scope Adjustment Plant Notice of Scope of Work Deletion? that removed the remaining balance of the work from the Scope from MEI, and directed MEI to take steps to demobilize from this work and arrange for the orderly transition of the work to OEC. 29. MEI last performed chargeable work in connection with the Scope on January 31, 2016. Indebtedness to MEI for Work Performed on the Scope 30. As stipulated in the LNTP, as extended, MEI submitted to OEC progress billings every two weeks for negotiated approval and payment. Under the LNTP, the invoice process involved the following agreed?upon steps: (1) invoice submission for approval; (2) review and comment by (3) negotiation and resolution of any items questioned or disputed by (4) approval of the negotiated amount by and (5) payment. Case Document 1 Filed 02/19/16 Page 8 of 21 31. As in the case of the Upstream Contract, prior to mid~September, 2015, OEC paid invoices for work performed on the Scope more or less when due under the terms of the LNTP. After that point, however, OEC stopped making payments, even though the invoices had been approved for payment by OEC personnel through the process outlined above. 32. By mid- December, 2015, there were nine outstanding invoices from MEI to OEC for the Scope work, as follows: Invoice Invoice Invoice Date Due Date Amount 15505 10/8/2015 11/17/2015 $7,834,336.81 15538 10/19/2015 11/28/2015 $5,587,648.34 15539 10/19/2015 11/28/2015 15540 10/19/2015 11/28/2015 15541 10/19/2015 11/28/2015 $1,021,998.24 15542 10/19/2015 11/28/2015 $143,946.09 15598 11/6/2015 12/16/2015 $5,831,719.01 15666 11/20/2015 12/30/2015 $5,502,889.01 15704 12/5/2015 1/14/2016 $8,113,314.97 15705 12/6/2015 1/15/2016 $16,869.97 15756 12/21/2015 1/30/2016 $6,870,774.90 $40,184,15253 At that time, ?ve of these invoices, totaling over $19,000,000, were past due and owing. 33. Despite repeated requests for payment, OEC has made no payments to MEI relating to the Scope since October 29, 2015. 34. On January 28, 2016, MEI ?led a ?Mechanic?s Lien? with the Iowa Secretary of State in the principal sum of $50,046,57162, which sum represents the past due invoices as of the date of the lien ?ling, plus accrued interest thereon. 35. Between January 28, 2016, and the date of the commencement of this action, additional invoices have been submitted to, but not paid by, OEC. As of the 8 Case Document 1 Filed 02/19/16 Page 9 of 21 commencement of this action, OEC is justly and truly indebted to MEI for the sum of $53,413,41234, which sum represents the outstanding amount due for work performed on the Scope, plus accrued interest on the unpaid invoices, plus retainage on paid invoices. In addition, OEC is also justly and truly indebted to MEI for prejudgment interest until the foregoing amounts are paid. 36. In addition, OEC is justly and truly indebted to MEI for the value of the small tools, personal protection equipment, and other property owned by MEI over which OEC has wrongfully exerted dominion and control. COUNT I: BREACH OF CONTRACT AGAINST OEC 37. MEI incorporates paragraphs 1?36 by reference, as if fully stated herein. 38. MEI entered into an agreement with OEC to perform work on the Scope pending negotiation and execution of a written construction contract, namely the LNTP issued by OEC to MEI on July 8, 2015, and subsequently extended on September I, 2015 and September 25, 2015. 39. The LNTP obligates OEC to compensate MEI for work. 40. OEC has failed to pay MEI amounts due and owing for the Scope of Work performed by MEI. 41. failure to pay MEI amounts due and owing constitutes a breach of the LNTP. 42. MEI has suffered damages due to breach of the LNTP in an amount to be proven at trial, but which are currently believed to be in excess of $50,000,000.00. 43. At all material times MEI fully and diligently performed its obligations under the LNTP, and is not in breach of the LNTP. Case Document 1 Filed 02/19/16 Page 10 of 21 COUNT II: BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING AGAINST OEC 44. MEI incorporates paragraphs 1-43 by reference, as if fully stated herein. 45. Under Iowa law, every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. The implied covenant requires that neither party commit an act that would injure the rights of the other party to receive the benefit of its agreement. 46. actions and inactions are not consistent with the agreed common purpose of the LNTP or with the justified expectations of MEI. 47. failure to ful?ll its contractual obligations to MEI have injured and interfered with rights to receive the bene?t of the LNTP and constitute a breach of the implied covenant of good faith and fair dealing. 48. As a result of breach of the implied covenant of good faith and fair dealing, MEI is entitled to a judgment for the damages resulting from said breach in amount to be proven at trial. 49. At all material times MEI fully and diligently performed its obligations under the LNTP, and is not in breach of the LNTP. COUNT CONVERSION AGAINST OEC 50. MEI incorporates paragraphs 1?49 by reference, as if fully stated herein. 51. As demobilization from the Scope progressed, OEC physically barred MEI from removing from the Project site small tools, personal protection equipment, consumables, and other property purchased by MEI. justi?cation for this conduct is the novel theory that because these items were included in overhead and overhead was a 10 Case Document 1 Filed 02/19/16 Page 11 of 21 component of rates, OEC was entitled to possession of these items despite the fact that much of these items were the property of MEI prior to mobilization. 52. There is no agreement between MEI and OEC providing that small tools, personal protection equipment, consumables, and other property purchased by MEI would become the property of OEC at the conclusion of the Scope. 53. OEC has exercised wrongful dominion and control over property, including small tools, personal protection equipment, and other items. 54. wrongful exercise of dominion and control over property is inconsistent with, contrary to, and interferes with ownership rights to such property. 55. To date, despite amicable demand, OEC has refused to return property. 56. conduct described above has caused damage and will continue to cause MEI to suffer damages, the full extent of which will be proven at trial, but which are currently believed to be in excess 57. In addition, MEI is entitled to recover the reasonable and necessary expenses incurred in recovering the converted property. 58. conduct in converting property constituted willful and wantOn disregard of rights, warranting the imposition of punitive damages. 59. conduct in converting property arose to the level of oppression or connivance to harass or injure MEI, warranting the imposition of common law attorneys? fees. COUNT IV: QUANTUM CONTRACT AGAINST OEC 60. MEI incorporates paragraphs l-59 by reference, as if fully stated herein. ll Case Document 1 Filed 02/19/16 Page 12 of 21 61. In the alternative, if it is determined that MEI does not have an action against OEC for breach of express contract, MEI nonetheless is entitled to recover damages from OEC under a theory of quantum meruit or implied contract. 62. MEI rendered valuable services and materials to OEC under circumstances which gave OEC reason to understand MEI performed the services and materials for OEC and not some other entity. 63. The circumstances further gave OEC reason to understand the services and materials provided by MEI were not provided gratuitously, but with the expectation of compensation from OEC. 64. The services and materials provided by MEI were bene?cial to OEC. COUNT V: UNJUST ENRICHMENT AGAINST OEC 65. MEI incorporates paragraphs 1?64 by reference, as if fully stated herein. 66. In the alternative, if it is determined that MEI does not have an action against OEC for either express or implied contract, MEI is nonetheless entitled to recover damages from OEC for unjust enrichment 67. OEC accepted and was enriched by the receipt of the services and materials provided by MEI. 68. enrichment was at the expense of MEI, which spent millions of dollars to provide the services and materials. 69. Under these circumstances, it is unjust to allow OEC to retain the bene?ts of services and materials, and MEI is entitled to a judgment for the damages resulting from said unjust enrichment in an amount to be preven at trial. 12 Case Document 1 Filed 02/19/16 Page 13 of 21 COUNT VI: UNJUST ENRICHMENT AGAINST IFC 70. MEI incorporates paragraphs 1?69 by reference, as if fully stated herein. 71. IFC accepted and was enriched by the receipt of the services and materials provided by MEI. 72. enrichment was at the expense of MEI, which Spent millions of dollars to provide the services and materials. 73. Under these circumstances, it is unjust to allow IFC to retain the bene?ts of services and materials, and MEI is entitled to a judgment for the damages resulting from said unjust enrichments in an amount to be proven at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff Maintenance Enterprises, LLC respectfully request that: l. The Court enter Judgment in favor of MEI and against OEC for breach of contract in an amount to be proven at trial. The Court enter Judgment in favor of MEI and against OEC for breach of the implied covenant of good faith and fair dealing in an amount to be proven at trial. The Court enter Judgment in favor of MEI and against OEC for conversion of property, in an amount to be proven at trial, as well as reasonable and necessary collection expenses, punitive damages and attorneys? fees. The Court enter Judgment in favor of MEI and against OEC for breach of implied contract in an amount to be proven at trial. The Court enter Judgment in favor of MEI and against OEC for unjust enrichment in an amount to be proven at trial. The Court enter Judgment in favor of MEI and against IFC for unjust enrichment in an amount to be proven at trial. The Court grant MEI all other general and equitable relief that this Court may deem just and proper. 13 Case Document 1 Filed 02/19/16 Page 14 of 21 JURY DEMAND Plaintiff demands trial by jury on all issues so triable. This 19th day of February, 2016. Respectfully submitted, Benjamin J. Patterson Terry M. Giebelstein (AT0002898) Benjamin J. Patterson (AT0008866) LANE WATERMAN LLP 220 North Main Street, Suite 600 Davenport, Iowa 52801-1987 Phone: (563) 324-3246 Fax: (563) 324?1616 Email: Email: BPatterson?L-WLaweom Attorneys for Maintenance Enterprises, LLC 14 Case Document 1 Filed 02/19/16 Page 15 of 21 Date: July 8 2015 Ref. comm-c.0002 ?antennae Enterprises, L.L.C. 512410 Clark Road White Castle, LA 70788 Phone: (225) 5453970 Email: maiken@cemail.cc Attention: Mr. Michael Aiken, Project Manager Project: IOWA Femmzm PROJECT, 101%, USA Subject: Limited Notice to Proceed: Scope of Work Dear Sirs, With reference to the discussiene between 0133mm E850 USA Inc. (CEO) and Maintenarxco Enterprises LDC (MEI), DEC grant therein MEI iimited Notice to proceed (LNTP). The basis of the LNTP ?3 as follows; 1. 8:02: of Work Scope of Work includes the remaining mechanical work within the plant located within IFCO Nitrogen Fertilizer Facility. MEI has commenced with the pipe welding, equipment setting, and structural steel erection as stated under Article 2 below. 2. We It is undereth that MEI has mobilized to do the works starting Mid April 2015. 3. Value of Works The works are estimated in accordance to the quantities, basis of estimate, staff rates, and inclusions attached hereto. Ail referred to as the Budget. CBC and MEI will negotiate in good faith a full contract fer the construction of the Iowa Fertilizer Ptani 3546 180'? Street, Wm, Iowa 52658 (515) 826 ms EXHSSET 00832: Ema omBoBm nmom 3 9n NH mmgw?wm? mm gm m?mmwm mm Mammwm mem Ww mum. mm mm,? mmemm ?mm m?wm mg mm 3% mammw mm 33% 0 MW 3% Wm?m gm mwam Mm mm me 3. Wm mw?ww wm Mmm?m mm mm mm memmw mam? Ma ma?a mm W?mm?mw ma WE mm Mm mm ?aw,me Ww??mw mama mm mm wmeWmm me?mw gm mm mm. gm am w?m?memw mm? mm? mum? mm?w? Emme gmm?w Mm mwm?mwm?wmwv MMW mummwa I ?mam wawg?mw? ngww?wm mm,me $me wme NEW .m mmwm-% gm, ?3 Mum m?wwmu? ?mg mmw?mmw 3% mam, Mm mm ?mm mm Wm?w? gm: x513 bm?mm?m mm 3% mm mmn??mmw mw mw?r memw? mew?mw mm ?gmme mme .m Ammw mm Maw, ?wmw w?mm mwmm? mammw ?w me wmm?mwmg mm Maw, mm Emma m?w @me Mmka mum? mg. ?m amwmm? w?wwrw mm mm amm?mm ?mm? WMWM hm?m wm?w Mm mm mm MW Am WAN. mem $wa A A ma?a?me ?Am m5 mm m.me ammw ?meme mumm? ?mm mm Wmm??mu?mw .m Mammwa Wm mm ww mmww?mm m? Mmmw?? 3mm memmwm? m?mw mm? mm mg ?ak? mw? ,wumewm Em Wm Wmemm mm?, NE NW Emww Rm mm, mm aka Mm?mmwm mm mm? .W ?mm?mm? mm ?mm Maw Mum ma?a mum? KMW: HN U5 mama o?m?mo cm__n_ EmEsooD Case Documentl Filed 02/19/16 Exhibit Page 18 of 21 PROPOSAL ATIONS 0C1 Cold Cutting or Machining iv. Scaffolding v. Stress relieving vi. work vii. Painting Insulation ix. Refractory x. Catalyst Loading/Removal xi. Pneumatic I Hydraulic Bolt Torqneing xii. Fireproo?ng Steam Tracing xiv. Electrical Pro?Heat xv. Authon'zed inspector xvi. Millwrights Field Veii?cation and?or field engineering Testing or lab work Handling of hazardous or contaminated material ASME code stamp code work Startwup assistance or lubrication Specialty Items (is. control valves, tagged items, instruments, etc.) Permanent Materials (is. valves, bolts, gaskets, fittings, pipe, etc) Temporary Materials (Le. bracing, supports, hydro materials, etc.) Installation or Removal of Isolation blinds Waste Disposal Containers Providing or Di5posal of Hydro Water . Fresh Air Pickling of Pipe, Any Chemical or Internal Blasting Cranes and Crane Operators Civil Work Scope; including grouting Temporary Facilities Equipment (Welding machines, light plants, etc.) 8. The scheduled duration and manpower is preliminary and is strictly limited to the quantities provided. A detailed, man power loaded scheduled will be furnished a?cr the successful execution of a detailed estimate. 9. Field corrections and/or modi?cations to Owner mmished prefabricated steel and piping is not taken info consideration in this budgetary proposal. 10. Any welder quali?cation requiring ?Restricted? testing proceduse is NOT included in proposal. ll. Welders for this project will be quali?ed to MEI welding procedures. Supplemental welding quali?cations will incur additional cost. 00832: Ema omBoBm nmom 5 9n NH memwm mg Mm? mm mw?ww Wm. Wm. mm wan? mg 3% w: gm ?mm?n Wm @qu gm Wm M?meM mm? Wm $me mm m?mm mg? mm? ?mm Wm mm memm mm my mm 3% Wmemmw m. Em 3% Wmmemwm mgme mw Wm m? Mum.me Wm memmww mam? Mmme m??mm mg mmw?m?w mm mm my wwmm?wmwm ?mm Wm mm mm m?mww? mmwm?mmw aw mw?ww Mm? Wm mm mam? gawk ?W5me mam ?ww m, mm Haw.meme mammw Wm, mm mm mm gm mm mam?.w?ixM4me Wm mm WW ?mw am? m; ?Mm amame mam Wm W?mmw WW w, mum Case Document 1 Filed 02/19/16 Page 20 of 21 Exhibit - Quantities Stee! By Tom Total Steel Enacted Remaining C0100 2380 1409 971 CU110 1046 599 447 CUZOG 445 362 83 CU 201 1258 328 932 C8202 36 36 0 (21.5300 599 654 35 CUSOJ. 55 S4 1 CU502 185 185 0 C0503 69 67 2 {13504 41 39 2 MSG Steei 42 12 30 Total 6256 3753 2503 L8 of Piping Totai Steei Enacted Remaining CB 100 34253 2975 312% C8110 13955 246 13710 CUEGO 15736 71?4 8562 EU 201 1699? 94 16903 (211202 1048 228 820 CUSDO 5755 1673 5092 CU 501 1321 1268 53 C5502 3521 3328 193 C0503 1825 1771 55 CU 504 1517 1466 151 Tataf 91040 20223 7681? 58 LP of Piping Tate! Steel Erected Remaining CU 100 10000 35 9964 CU110 5000 0 5000 C0200 6000 8 5992 CUZOI 10000 0 10000 CU202 1000 71 929 C0300 8000 8 7992 (20501 500 0 500 CUSOZ 750 70 680 CUSDB 250 44 206 (31504 250 0 250 Tatal 41759 237 41513 Page 1 of2 Case Documentl Filed 02/19/16 ?mm; Equigamem Set HP NHB Pumps Elev 16108 [35 Tons] Set H?Carhamate Pumps {290611918} Elev 101-853 Tons} Set-Waste Water Pump Pit ?499 HBO-O (1 Ton} lnstail razemzis-Gtznulazor Scrubber (2751390 1} ?le: 1230 Set-Air Imam Silencer Elm 106-6 3M Sci-?mmaniz Air Mlxer (382007] E?ev 315-11 13132 (2 Tons} Sat?Slaw Dawn VessellSODOiSl Elev 1908 set-Blew Down Caolar??EDBE} Elev 109-8 (500 Lbs) Set-Dosing Station far va??gl'ng Agent Elev 3100-8 24 Lbs} fur Y?sodiumpbosphate Etev 100-8 (1124 Lbs} Set-Waste Water Pump Elev 101?2 {2 Tans) Seth} Fatah/inserts Eiev 100-5 {3 Tans} SE1. Steam Vent Silencer Elcv 169.616 Tons] Set-Oil Overhead rank {3013:2432} Elev 128-6 15m {2 Tons} Sta-M33133: Sllencer Elev 123-9 Set?Carbon Steel Rectangular Air Ductrr?lev 148 ?lm 158 (12$ Fans} Set-Vamum Unit {3098309} Elev 124 -s (6 Tons) 58! LP {22111311 Elev 2124) 4? Tons) Set Upper Circulatian Pump farAcidlc Elev 148-5 Shae: Rectangula Duct-Elev 122 thru 23515 tons] Set Expanslon mum {299007) Elev 235-5 {2 Tans} Set-Sample Colman: an; (swan; lav 100-8 Set?ail Trolley/Chain Hats: Ele'?f 111-6 {90 lbs) Set~8?sorptlon Filling Pump (3095151 Elev 1W3 {1 Teal Set-StainlessSteel Pine Chutes~Elev 122 thru 236 Set-83H Trolley/Chain Hoist Elm 119-01140 L235) Set~5ranulater Extractar [2 Jimmy Em 1224 {2 Tons] Set-Granulamr Safety Screen Elev 121M (4 Tans} Set-Stainless Staci RE: Duds-3w 122 235 (13011315) Sd?mulatkm Atomintion Air Heater [2759027 Elev ln?ne Tam'? Set?Sin Discharge Activator [2?8909) Eiev Conn Bo??mf2?0?}01 (150a Lbs) Set-Start Up sin (HINDI) Elev 14841 (8 Tons} Set-Dedusting Fan Elev 151-1 (1509 Lbs) Set Lower Clrculatian Pump for Acidic Scrubber {lav 138-6 Set-Stalnless pre Chums- Elev 122 thru 235 Set-Urea Melt Fllter Elev mllne [3'00 Lbs) Set-Urea Melt Filter Elev :nline {309 Lbs} Sct?Reull Crustr (2131mm Elev 180-0 {13 Tons) Sek-Alr Unit Elev 123?0 Set-ac? Crusher IZKROCISB) Elev 1804] (13 Tans) Set-Feed Water Tank With Daaerator BUIKGQE) Eley 1123-0 Set-Air Ham?ing Unit Elev 1230 Set Hash Vase! {23mm} Elev 13343 {STcm} Set-Overhead Eran: [3314001] Elev 150-0 {25 Tons; Set Propeller Fan Unlt HeatetsiWall Fans in tow} Set lntermedlate Vessel (219903} Elan 188-0 [3 Tam} Set-Steam Drum (30mm; Elev 125?0 Sel?tube Overhead Tank E52: 1430 {l Tani Set-Air Handling Unit mums; Elev 123-0 Set~mnmenia Tailgas ?xer for SCR Unit (302083: ?121: ?ti-S NZ Tan) Set-Main Screen (275mm Elev 217-0 :9 Tons] Se?t fmergency Separator Pumps {2290419an {2 Tans) Set UF Tank Pi: Pump [2m173i1 Tan} WAC Writ, Heatets and LBWEIS Set-Main Screen {2336045} Eiav 227-9 (9 Tons} Set Emergency Separata CimiatEon Pumps umwag {380 ?st Set UP Pumps {1209 Lbs) Sat-Hopper foraasher Feeder {270006} Elev 190-014 Tom; 52: Tank Vent Scrubber Gmun? Flow? Set-Waste Water Pump fat Add Pit Elev 181-2 ans [1 Ton) Set as? Unloading Pump {27ml (1 Ton} Set-Main Biwmr Elev 3.904) {1 Ton) Sat-Steam Silencer {30521018} Elev 157?0 Set WAC Alr Handling Uni: {1004213110033} Set-Main Dinner Elev 190-8 (1 Tan} Set?Mr Blow Elev 15240 112 Sen-Steam Vent Si?encef (203L005) Elev 15940 {8 Tons) Se: Steam Condensate Tank (297K601: Set Steam condenser {25mm} Tank Am; (Top 9f23TK001l {4 fans) Semnasyzer Container my 10M Set Waste Waiter Pump HND - Tank Pit [339962) [2 Tons} Set-{cnveyor System [2 336013] Ekv 10043 {5 Ton s) Sci-Dinner {2301/6023 Elev lnline With Chute: (560 Lbs} Pagezofz Page 21 of 21