Attention : quad(" Mr. Jack Ghantous ")/(" Sr. Projects Director ")\quad \frac{\text { Mr. Jack Ghantous }}{\text { Sr. Projects Director }}
Project Title : Early Works Package (EWP) for Lusail Plaza Tower (BP12) - Plot 1 (BP12A)
Contract No. : 8843
Subject : Operation of Dewatering System and Subcontractor in Tower Plots 1 and 2
References : (1) MMJV Letter LUS-BP12A-MMJV-LET-QDSBG-00007 dated Feb 3 rd, 2020
(2) MMJV Email - Bayoumi to Kabbany dated Feb 9^("th "),20209^{\text {th }}, 2020
(3) Draft Meeting Minutes - Dewatering Meeting dated Feb 4^("th "),20204^{\text {th }}, 2020 (issued via email on Feb 6^("th ")6^{\text {th }}, 2020)
(4) QD-SBG Email - Kabbany to Bayoumi dated Feb 4 ^("th "),2020{ }^{\text {th }}, 2020
(5) QD-SBG Letter 8843-BP12A-QDSBG-LET-PM-00183 dated Jan 11^("th "),202011^{\text {th }}, 2020
(6) Design Report Ref 8843-BP12A-QDSBG-REP-GG-00052 Rev. 02
Dear Sir,
Reference to the above, QD-SBG records that as per the Novation Agreement, all technical and commercial matters will be managed by MMJV from the date of said agreement, being January 12^("th "),202012^{\text {th }}, 2020 onwards. In this regard, we highlight that dewatering works within tower plots 1 and 2 are currently being carried out by our dewatering subcontractor, M/s United Equipment Group (UEG) and managed directly by QD-SBG.
In this regard, a number of meetings have been attended by the parties, followed by email messages and formal correspondence being exchanged with a view of agreeing the way forward with respect to dewatering. However, it seems that, at this juncture, a number of differing viewpoints on this matter have arisen between the Parties, as represented within the aforementioned letters and emails. As such, the Contractor wishes to clarify its position on this matter as explained below:
Pursuant to the provisions of Volume II Appendix A Part 1 Section 3 Item H and Section 4.1 of the Contract, QD-SBG is required to monitor and operate a temporary dewatering system to maintain dry conditions on site throughout the Construction Phase or unless otherwise instructed by LREDC/PMCM. QD-SBG has been fully compliant with this requirement, as evidenced by its ability to pour blinding and proceed with the subsequent structural works within the tower plot area. Additional details on the background of the dewatering Works are included within QD-SBG letter to LBQPM at reference (5), appended hereto for ease of reference.
The Contract, within the aforementioned Section 4.1, dictates that an Instruction has to be issued from LREDC to QD-SBG to take over the dewatering system installed by CP07B Contractor within the tower plots. We have never received such an Instruction and have never formally taken over the existing dewatering system. Instead, we have been operating the existing dewatering system as a temporary system with a number of enhancements being introduced (e.g. additional pumps, additional pipes, additional wells, etc.) to ensure dry conditions are maintained. The latest layout of the temporary dewatering system currently installed on site is illustrated within design report at reference (6), for which PMCM has provided its non-objection (hence approval). Further, details of the existing temporary system were presented to MMJV in the presentation that took place on January 30^("th "),202030^{\text {th }}, 2020 attended by the Employer and PMCM, with a copy of said presentation previously shared with MMJV. For ease of reference, a copy of said presentation is appended to this letter.
OD-SBG Construction W.L.L. كيو ديم - اس بлي جهي للمقاولات ذ.م.م
With regards to MMJV’s comments pertaining to the seepage from the shoring system, we record that this was an existing condition prior to the project commencement date (May 31^("st "),201931{ }^{\text {st }}, 2019 ), and prior to EWP Contractor taking over of the tower plot. In all cases, the presence of such seepage is not uncommon particularly given the depth of excavation, and knowing that water stuck between different strata layers cannot be controlled with deep wells dewatering system which role is to control the water table level. CP7B Contractor did take all necessary measures to stop this seeping water in coordination with all the experts on board, however couldn’t stop it. Eventually, CP7B’s PMCM and their Supervision Consultant have accepted the fact that this water, which is not related to the water table level, will continue seeping from the shoring walls as it was the case for the last 4 years. Notwithstanding that, we have been managing such seepage by directing water flow into the excavated perimeter trenches as planned for by CP7B Contractor when they completed the enabling works of the tower plot (shoring, dewatering, and excavation of the plot), which then channel this seepage water to the nearest pump. For clarity, the temporary dewatering system which we are required to monitor and operate aims to provide dry conditions for the construction works to proceed. It is not required to ensure all areas of the tower plot, particularly shoring, are completely dry at all times.
Furthermore, and with respect to MMJV’s comments regarding the supposed lack of management of dewatering system assets, ineffective pipe routing and the resultant leakages due to same, we respectfully do not concur with this assessment. We have deployed on board a specialized, professional dewatering Subcontractor (M/s UEG) who is working closely with our site team to manage all matters related to dewatering in a manner that ensures dry conditions are maintained for the construction works to proceed effectively. The presence of minor leakages associated with the mechanical failure of a pump, or with water stuck between strata layers not connected to the water table, is not considered out of the ordinary and is expected in such a project. Nevertheless, we and our Subcontractor have been attending to such occurrences on site in a diligent manner to ensure the Works are not compromised.
Within its letter, MMJV has enquired about a number of items including, by way of example, the dewatering permit and sketches highlighting the details of the existing dewatering system (routing, wells location, etc.). In this regard, the Contractor records that it has provided all necessary details pertaining to the temporary dewatering system via email at reference (4). This information included the following:
a. As built layouts for the pumps (deep wells) and sump pumps for all plots;
b. Dewatering original design and shop drawings, which has been updated as explained in item 2 above;
c. Copy of the last weekly reports with records of dewatering quantity per day from each plot;
d. Dewatering generators status and location;
e. Water treatment plant method statement;
f. The most recent water monitoring analysis;
g. Copy of discharge permit to the lagoon.
Furthermore, and based on the discussion within the meeting that took place between the Parties on February 4^("th ")4^{\text {th }}, 2020, QD-SBG have commenced with the preparation of daily dewatering reports and have been submitting the same to MMJV in a timely manner. A copy of the aforementioned email is appended hereto for ease of reference.
6. Within its letter, MMJV referred to the excavation of dewatering trenches, the use of hydro mats and the planned shifting of dewatering system components to cater for the relocation of the existing access ramps. In this regard, we highlight that the details and location of said trenches have been coordinated and agreed with our designer, M//s\mathrm{M} / \mathrm{s} Khatib and Alami (K&A) with their locations being identified at the design stage. With regards to hydro mats, these are being used on a temporary basis to assist in controlling the seepages flowing the shoring. Nevertheless, with regards to the relocation of the dewatering system components to cater for the ramp removal, as you know, new arrangements for the ramp accessing directly from Road A1 have been adopted which cancel the necessity to relocate these trenches.
7. For the record, the design, installation and handing over of the “Permanent” dewatering system falls under the scope of the CP07B Contract not BP12, and the handing over of same is to be performed
OD-SBG
\section*{Construction W.L.L.}
كيو لـي - اس بليي جهي للمقاولات ذ.م.م
between the CP07B package and LREDC. We, as BP12 Early Works Contractor, are required to take over said system only upon the receipt of LREDC’s Instruction which, as explained in item 2 above, was never issued. As such, any matter pertaining to the design, components, operation and any other potential concerns that MMJV may have with regards to the performance of said system needs to be discussed directly with LREDC.
In addition to the above, we record that a coordination meeting was held between representatives of the Parties on February 4^("th "),20204^{\text {th }}, 2020 to discuss all matters related to dewatering within the Project. A set of draft meeting minutes were issued via email at reference (3). Upon receipt of said draft minutes, we have conveyed our reservations and comments to said minutes as we feel that they do not accurately represent the understanding of the Parties regarding points discussed in the meeting. Such comments include our observations via which we highlighted discrepancies between the statements made within the meeting and what was actually recorded in the minutes, which are markedly different. Appended hereto is a copy of the draft minutes with our comments and observations (in red), which represent our position in this regard.
As explained in detail within this letter, QD-SBG has been operating and monitoring a temporary dewatering system that has been communicated to the Employer’s Representative, as explained above, which has been performing in a satisfactory manner and achieving its purpose of maintaining a dry condition on site to proceed with the construction works. We are not required, by Contract, to design or handover any system, nor make changes to the components deployed at site so long as the temporary dewatering system is performing as required. Should MMJV request to amend or to install any additional item, these need to be formally instructed pursuant to the provisions of Article 8.3 of the GCOC whereby any change or modification request can only be done with an Engineer’s Instruction or a CVF.
Based on the above, we record that the temporary dewatering system currently being monitored and operated on site is in full satisfaction with our contract obligations. Furthermore, our payment from LREDC up to the date of Novation (Jan 12^("th ")12^{\text {th }}, 2020) were for this scope of Work and are not related to any handing over or design of any of the components of the dewatering system. As such, and in order to move forward, kindly confirm whether MMJV would want that we continue with this arrangement, whereby QD-SBG would continue managing UEG and administering all their invoices and then subsequently billing MMJV for the operation of the dewatering system in accordance with the relevant items in the BOQ (Volume 4 Part 1 Appendix B Part 4 of the Contract), or whether you would want to take over the management of all dewatering matters, including UEG, directly without QD-SBG’s involvement, including the administration and settlement of their invoices, all starting from the Novation date, that is January 12^("th "),202012^{\text {th }}, 2020.
We maintain that we will provide all necessary information and assistance in order to ensure that all dewatering matters are adequately being addressed for the benefit of the Parties and the Project.
For and on behalf of QD-SBG,
Elias Abboud
Project Director
Cc: quad AD,NH,GN,WW,BM,AT,MR\quad A D, N H, G N, W W, B M, A T, M R
Enclosures: (1) Copy of Dewatering Presentation dated Jan 30^("th "),202030{ }^{\text {th }}, 2020
(2) Email Correspondence - Kabbany to Bayoumi dated Feb 4th, 2020
(3) Comments on Dewatering MOM dated Feb 4^("th "),20204^{\text {th }}, 2020