Subject: Mitigation Programme

Date: 04 July 2024

Bullet Points

1. On 25 April 2024 the PMC advised the Contractor when “Right of Access” had been
provided1 in their letter titled: “Site Access Handover”.

2. Request from the PMC to provide what was termed in the subject of the PMC’s letter2 dated
14 May 2024 a “Mitigation Schedule”. The PMC cited the Contractor’s lack of progress as
the reason why they requested the Mitigation Scheule.

“Regarding shop drawings, although an 80% completion was planned, as of the writing of
this letter, No shop drawings have been received. Similarly, the procurement actual progress
stands at only 17% against 59% planned value.”

3. On 15 May 2024 the Mitigation (Target) programme which was asked to be developed
subject to the request from the Employer’s Representative (DGCL) and PMC (Parsons) who
had asked FEMCO to provide on 15 May 2024 (Minutes of Meeting – Schedule Review –
Meeting No: 2 – Contract DD-2022-1).

4. Within the document titled: “Package C 473 Minutes of Meeting Schedule

Review_20240515” dated 15 May 20243, the PMC also provided some revised access dates

5. The PMC had requested in the meeting minutes of the schedule:

“PMC instructed the Contractor to reflect true records such as Contract drawings (IFC)
issuance, actual right of access dates, etc. in the updated Baseline programme (submit on 16-
May-24) as well as Target Programme (present on 22-May-24).”

6. The Mitigation Programme was submitted on the 29 May 20244 which was in response to a
request from the PMC to provide what was termed in the subject of the PMC’s letter5 dated 14
May 2024 a “Mitigation Schedule”. This schedule was based on progress update of 25 May
2024. Therefore, all known delays were considered as of that date.
7. The 25 May 2024 is the Mitigation (Target) Programme cut-off date.
8. The 25 May 2024 Mitigation (Target) Programme mitigated not only Contractor delays but
also Employer delays
a. The Employer delays were:
i. Late Right of Access Dates
ii. The as-built redline dwgs were not accurate and when checked against the
IDC dwgs there were found to be discrepancies. The Contractor, therefore, is
underling their own as-built survey to address the issues. The discrepancy
issues impact on the production of shop dwgs and BIM dwgs.

1 DG-PIN-473-0000-PRS-LTR-MN-000116 dated 25 April 2024

2 DG-PIN-473-0000-PRS-LTR-MN-000130 dated 14 May 2024.
3 Package C 473 Minutes of Meeting Schedule Review_20240515, dated 15 May 2024.
4 Program submitted 29-May-24; FEM-LTR-000089
5 DG-PIN-473-0000-PRS-LTR-MN-000130 dated 14 May 2024.

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 iii. The late response or none response to RFI’s particularly so for the Electrical
dwgs concerning the overall power load requirements which impact: cable
sizing, distribution board networks, switchgear and transformers and directly
impacts Milestone 3.
b. Contractor Culpable Delays
i. Rejection of the Supplier Pre-qualification submissions by the PMC – since
addressed. The suppliers remain the same, the submission format and content
presentation changed to comply with PMC specification.
ii. Material Submissions late.
iii. Method Statement Submissions
iv. Shop Dwgs and BIM dwgs submissions – these have been impacted however,
by Employer delay issues such as: As-built, Electrical RFI’s, Engineer’s
comments on shop dwg rejections and the issuance of for information
purposes and not for construction dwgs by the Engineer.
9. The Mitigation (Target) programme highlighted that Milestone 2 required relaxation to allow
for materials to be delivered after the 30 July 2024 completion date: Access Dates pushed
forward construction installation, long lead items could not be procured by 30 July 2024,
many materials were not required on site for installation much later than the 30 July 2024 and
the warranty of the materials start on delivery and not on installation.
10. The Contractor stated that the Milestone 3 completion was contingent on the response to
RFI’s listed out in the document titled: “240601 - Detailed Report”. These RFI’s were
associated with Electrical dwgs.

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11. To facilitate the Mitigation of both the Employer Relevant Events and Contractor Culpable
Events the Contractor compressed the construction activities overall durations to allow for the
known delays (and forecast delays) of material, shop dwgs and BIM dwgs submissions as of
25 May 2024. By compressing the construction activities by trade stacking, rather than
reducing activity durations and shifting the commencement of the start of the construction
activities, this provided additional time for the delayed submission activities.

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12. It is of note that the driving critical delay once the Right of Access dates provided on 15 May
2024 are impacted upon the approved baseline. The date for completion is delayed by 80
days.
a. For example, if the new access date for Tunnel 1 is impacted upon the baseline
programme (the original date for access was for the North Main Tunnel - Tunnel – 1
was for 07 May 2024 (see activity ID: DG4731-ACM-NMT-04 - titled: “Start

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 Accessing Tunnel - 1 (North Main Tunnel)”). The Employer advised for Tunnel 1 -
(Grid Lines/Units – E027 -E038 – Tunnel length 240m) that access would be provided
on 20 August 2024. The impact causes 80 calendars days delay to both the Final
Handover North Tunnels (under Section #1) and Final Handover North Tunnels (under
Section #2).
b. Therefore, the driving delay as of 25 May 2024 was for an Employer Relevant
Event which was the forecast Right of Access date for the Tunnel 1 - (Grid
Lines/Units – E027 -E038 – Tunnel length 240m).
13. The Contractor presented the Mitigation (Target) programme on 27 May 2024. The PMC
responded with meeting minutes of the meeting which the Contractor responded to two PMC
workshop meeting minutes on 5 June 2024 and 10 June 2024. It was agreed that a design dwg
tracker be provided and quantities to be added into the Mitigation Programme.
14. It was also agreed in the meetings and in the June monthly progress meeting that where
possible the Contractor would implement further mitigation measures.
15. On 25 June 2025 the Contractor submitted an update of the Mitigation (Target Programme)
with the additional information requested by the PMC.
16. The progress update as of end of June 2024 was submitted, however, the mitigation
programme contained further measure to mitigate as much as possible.

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17. The unmitigated progress update of the mitigation programme shows the driving delay going
through the electrical works. An Employer Relevant Event.