Assembly of accessible pods on site.

Our Ref: xxx

Date: xxx

To                           : xxx Contracting Company LLC

                               P. O. Box xxx, Dubai, U.A.E.

Attention            : Mr. xxx, Senior Project Manager

Project                 : xxx Tower, Dubai – U.A.E.

Subject                 : Assembly of accessible pods on site.

Dear Mr. Wissam,

This is in reference to the meeting held on site on 20 April xxxx, your email dated 21 April xxxx attached and your request to assemble accessible pods on site due to site logistical constraints.

It is mutually agreed that the reason for the assembly of these specific pods at site is due to the late changes in the bathroom design by the engineer which have impacted the sequence of their delivery. This request is to avoid potential impact on the installation of other delivered pods on respective floors.

At the outset, M/s xxx (Contractor Name) does not assemble its pods outside of the factory and does not have the resources or the means to execute or control such works on project sites. Subsequently our recommendation is to de-scope these pods from our Subcontract Agreement and proceed with these bathrooms as traditional construction.

However, as support to the project we support you in assembling these pods on site under the following process and under the strict condition that the number of pods assembled on site do not exceed 5 pods.

Assembly

• M/s xxx (Contractor Name) will deliver the concrete base, the wall panels, and the raw materials for assembly of these pods to the site.
• M/s xxx (Contractor Name) will deliver to site any finishing and customized item included under its scope of works.
• AGCEW will assemble the pod on site, apply waterproofing, wall and floor tiling, install MEP services, install all finishes in accordance with the approved pod drawings.
• The completion of the assembly on site shall be the responsibility of AGCEW.

Quality control and approvals

• Quality control, quality checks, and all testing on site will be performed by AGCEW.
• Securing approval for the assembled pods shall be the responsibility of AGCEW.
• Any damaged items during assembly/installation shall be replaced by AGCEW. Any associated cost will be covered by AGCEW
• AGCEW will pass on the approvals of these pods to M/s xxx (Contractor Name), to allow M/s xxx (Contractor Name) to claim under our payment application
• Any comment or rejection by the Engineer on these pods shall be the responsibility of AGCEW and M/s xxx (Contractor Name) shall not hold any liability towards any comment or rejection of these works or their direct or indirect impact on the site progress.

Warranties

• M/s xxx (Contractor Name) will pass on supplier warranties for all delivered finishing items under its scope as stipulated under the Subcontract Agreement.
• AGCEW will provide M/s xxx (Contractor Name) with an undertaking letter stipulating the following:
  • 10 Years warranties against fabrication, assembly, workmanship, and waterproofing for pods assembled on site shall now be covered by AGCEW
  • Any defect occurring during the defects liability period for pods assembled at site and which are not covered by the supplier warranties passed on by M/s xxx (Contractor Name) shall be rectified by AGCEW at no cost to M/s xxx (Contractor Name).
• Based the undertaking letter of AGCEW, M/s xxx (Contractor Name) shall include these pods assembled on site under the warranties issued in accordance with the terms of our Subcontract Agreement.
• These pods shall not be covered under M/s xxx (Contractor Name) warrantee until such time as the undertaking letter is received and its format accepted by M/s xxx (Contractor Name).

Payment

• M/s xxx (Contractor Name) shall be paid the full value of these pods as stipulated in our Subcontract Agreement without any deductions or penalties.

Please confirm in writing by return if the above is acceptable to proceed accordingly.

We also draw your attention that a number of pods which have now been delivered to site cannot be installed due to the fact that their installation on the floor is held up by these accessible pods which have been delayed by design changes.

Based on your instruction, for level 5, installation of pods wherever there is MEP/Civil clearance, will be maintained irrespective of the accessible pods, and therefore we understand that the two type 3 accessible pods are considered out of our scope in this level.

Accordingly, we require your further instruction whether you wish to proceed with the accessible bathrooms in traditional (or site assembly) and we should install the delivered pods at their levels now from level 4 onwards. Or if we should hold the installation of the delivered pods until the fabrication of the accessible pods is completed and installed in sequence.

Assuring you of our support at all times.

Yours faithfully,

On behalf of M/s xxx (Contractor Name) LLC

xxx

Projects Manager