Highway Engineering Consultant

in Association with
LTelford Consulting Engineers Pvt. Ltd.
980012/3-Proj/Client/ 20.05.2020

To,
The Executive Engineer
NH, Division RWD,
Rudraprayag, Uttarakhand

Sub: Widening and Strengthening of existing intermediate/ 2 lane to 2 lane with paved shoulders
configuration from Km 0.000 (Design Km 0.000) to Km 16.440 (Design Km 18.700) including existing 3.740 km
of Rudraprayag Bypass of NH -109 in the State of Uttarakhand on EPC mode. Recommendation of Extension
of Time-2 regarding:

Ref: (i) Authority letter no 1209/RGB dated 12.05.2020

(ii) Contractor Letter no RGBEL/475/TL.RDR/2020 dated 11.05.2020 (2nd EOT Proposal)
(iii) Regional Office letter no. NH-109-UK-2015-16-448 dated 12.03.2020 (EOT Approved)

Dear Sirs,
The Authority vide letter cited at sl. no. (iii) had granted an interim Extension of Time (EOT-1) of 137 days
on the following enlisted grounds to the EPC Contractor.
a. Delay due to handing over of unencumbered land / ROW as per Article-8 of EPC.
b. Delay due to Hon’ble High Court order regarding Disposal of Muck.
c. Delay Due to Unseasonal Rain.

The EPC Contractor, vide letter cited at sl. no. (ii), has once again submitted the EOT-2 proposal on the
mentioned/cumulative below grounds and requested to re-calculate the determined up to 10th May 2020.
a. Delay due to handing over of unencumbered land / ROW as per Article-8 of EPC.
b. Delay due to Hon’ble High Court order regarding Disposal of Muck.
c. Delay Due to Unseasonal Rain.
d. Delay Due to stoppage of hill side cutting due to Chardham Yatra.
e. Delay Due to landslide during monsoon.
f. Delay Due to Pandemic Covid-19.

The Authority vide letter cited at sl. no. (i), instructed Authority’s Engineer to determine & examine the
Extension of Time (EOT) case as per Article 18 of EPC Agreement. The determination of Extension of Time
(EOT) by Authority’s Engineer as follows:

A. Delay due to handing over of unencumbered land / ROW as per Article-8 of EPC:
As per provisions of Schedule-A Annex-II Authority shall provide Right of Way to the contractor on different
stretches of site i.e. (1.) Rudraprayag By-Pass & Existing NH-109 (0+000 to 3+740 & 3+740 to 18+700) within
15 days after appointed date. (2.) Balance Right of Way i.e. Rest Area at Km 6+120 to 6+220 (1250 Sqm Area)
within 90 days from appointed date. As per Article-8 clause 8.2: the Authority representative and the
contractor shall inspect the stretch and prepare a memorandum containing an inventory of the site including
the vacant and unencumbered land, building, structures, road works, trees and any other immovable
property on or attached to the site within 15 days of the date of agreement. Subject to the provisions of
clause 8.2.3, such memorandum shall have appended hereto an appendix (the “Appendix”) specifying in
reasonable detail those parts of the site to which vacant access and Right of Way has not been given to the
Contractor.

HEC Office: JM-89/3C, Behind Panchwati Market, Saket Nagar, Bhopal (M P) PIN- 462024 Phone: +91-755-4236317
LTCE Office:RZF-779/2, Lane No-17, Raj Nagar-2,Dwarka, Sector-8, Palam, New Delhi-110077 Phone: +91-11- 49095718 (Email- ltelford.consultant@gmail.com)
CIN No.: U74999DL2016PTC305247
“The Infr
Infra Advisor”
Advisor”
As per above mention Article & Clause Authority representative and Contractor prepare Memorandum on
dated 06.12.2017, as per memorandum 1.421 Km Length Hindered out of 18.700 which is 10% as per section
8.2.3. After starting of the work and during construction Contractor intimate Authority through several letter
related to unencumbered land and ROW.

Up to 31st July-2019 the 3.760 Km Length Hindered out of 18.700 Km at site including Tilwara Market & Silli
Market which is 20% of project length. The EOT consider for said hindrance is mentioned below:-

Total Project Length is : 18.700 Km

Total Hindrances Length is : 3.760 Km
Schedule Completion Days : 730 Days (As per Schedule –J)
So Approx. Days required for 1Km is : 39.037 Days (730 / 18.700)
So days required for 3.760 Km Hindered Length : 146.78 Days (3.760 X 39.037)

Therefore EOT admissible for 3.760 Km Hindered Length is 124.060 Days (146.78 X 617 Days)/730 Days
Say 124 Days consider for 3.760 Km Hindered Length.

From 1st August’2019 to 31st October’2019 2.680 Km Length Hindered out of 18.700 Km at site including
Tilwara Market, Silli Market which is 14% of project length. The EOT consider for said hindrance is mentioned
below:

Total Project Length is : 18.700 Km

Total Hindrances Length is : 2.680 Km
Schedule Completion Days : 730 Days (As per Schedule –J)
So Approx Days required for 1Km is : 39.037 Days (730/18.700)
So days required for 2.680 Km Hindered Length : 104.62 Days (2.680 X 39.037)

Therefore EOT admissible for 2.680 Km Hindered Length is: - 13.042 Days (104.62 X 91 Days)/730 Days
Say 13 Days consider for 2.680 Km Hindered Length.

From 1st November ’2019 to 10th may’2020 2.264 Km Length Hindered out of 18.700 Km at site including
Tilwara Market, Silli Market & others which is 12% of project length. The EOT consider for said hindrance is
mentioned below:

Total Project Length is : 18.700 Km

Total Hindrances Length is : 2.264 Km
Schedule Completion Days : 730 Days (As per Schedule –J)
So Approx. Days required for 1Km is : 39.037 Days (730/18.700)
So days required for 2.264 Km Hindered Length : 88.38 Days (2.264 X 39.037)
Therefore EOT admissible for 2.264 Km Hindered Length is : 21 Days (88.38.62 X 172 Days)/730 Days
Say 21 Days consider for 2.264 Km Hindered Length.

As on date Rest Area Land is not provided to Contractor due to Hindrances at Km 6+120 to 6+220 (1250 Sqm
Area). As per contractor EOT request for Rest Area development required 75 Days for development of rest
area i.e. structure work, junction development & all public utilities as per drawings. EOT for rest area
considered only 50% of 75 days rest days is consider for overlapping. Say 38 Days consider Rest Area
Hindrances.
“The Infr
Infra Advisor”
Advisor”
B. Delay Due to stoppage of hill side cutting due to Chardham Yatra:
Contractor claim 91 days due to stoppage of hill side cutting on account of Chardham yatra, as per Article-6
(Disclaimer clause 6.1.1 :- The Contractor acknowledges that prior to the execution of the Agreement, the
contractor has, after a complete and careful examination, made an independent evaluation of the Request
for Qualification, request for Proposal, Scope of the Project, Specifications and standards of design,
construction and maintenance, site, local conditions, physical qualities of ground, subsoil and geology,
traffic volumes, suitability and availability of access routes. Contractor confirms it shall have no claim
whatsoever against the Authority in this regard. The Chardham Yatra is a known fixed scheduled yatra for
Hindus pilgrims celebrating since from long time ago and this may not be considered while computing the
time frame of EOT.

C. Delay due to Hon’ble High Court order regarding Disposal of Muck:

Hon’ble high court pass an order on 11.06.2018 and communicated from DM office through letter no
4539/29-13(2014-15) dated 15th June’2018, we informed same to Contractor dated 23rd June’2018 for
arranging new locations of dumping zone 500m away from river side. Due to non-arrangement / non
availability of dumping zone away from 500m by Authority / Administration to contractor, the work is badly
hampered due to stop all cutting/ excavation activity at site. After effort from Authority / Administration
Court granted Stay, then the contractor started the work at site. Contractor claim 91 days, as per
correspondences / newspaper cutting the work hampered only for 52 days. Say 52 Days consider Hon’ble
High Court order.

D. Delay Due to Unseasonal Rain:

As per contractor claim relate to 67 days of adverse weather condition/ unseasonal rain from December-2017
to 10th May-2020 supporting day wise rainfall data from DM office Rudraprayag. After scrutiny of rainfall
data as submitted by contractor, taken from DM office, the work is hampered due to unseasonal rain is 67
Days. Say 67 Days consider for unseasonal rain.

E. Delay Due to landslide during monsoon:

Contractor claim 30 days due to landslide during monsoon, as per Article-6(Disclaimer clause 6.1.1- The
Contractor acknowledges that prior to the execution of the Agreement, the contractor has, after a complete
and careful examination, made an independent evaluation of the Request for Qualification, request for
Proposal, Scope of the Project, Specifications and standards of design, construction and maintenance, site,
local conditions, physical qualities of ground, subsoil and geology, traffic volumes, suitability and availability
of access routes. Contractor confirms it shall have no claim whatsoever against the Authority in this regard.
So as per above clause contractor bid the project accessing all aspect of local conditions, physical qualities
of ground, subsoil and geology. Hence the claim is not being considered while computing the time frame of
EOT.

F. Delay Due to Pandemic Covid-19:

Contractor claim 49 days due to pandemic Covid-19 from 23.03.2020 to 10.05.2020 and further extended up
to 31.05.2020 in this faze/ duration it was ordered to start the road and bridge works from 20.04.2020
onwards with condition of present resources, as per contractor letters it was very difficult to execute the all
activities without transportation of material and specialized manpower, tools and spares which are to be
arranged from other states about which the contractor informed to Authority thorough several letter i.e.
RGBEL/440/TL.RDR/2020 dt-23.03.2020, RGBEL/445/TL.RDR/2020 dt-25.03.2020, RGBEL/450/TL.RDR/2020
dt. 28.03.2020, RGBEL/456/TL.RDR/2020 dt. 20.04.2020, RGBEL/466/TL.RDR/2020 dt.30.04.2020, with
present resources, works other than the road maintenance and road opening measures could not be
executed, the affected period due to covid-19 shall be considered from 23.03.2020 to 10.05.2020 as the
cutoff date of this EOT-2 is 10.05.2020, the affected period in this account shall be considered 49 days. Say
49 Days consider for Pandemic Covid-19.
“The Infr
Infra Advisor”
Advisor”
The Authority’s Engineer is considering that encumbrance due all above reasons has thereby caused delays.
Total EOT up to 10.05.2020 shall be considering (124+13+21+38+52+67+49)=364 Days.
Already approved 1st EOT : 137 Days
Days to be 2nd EOT shall be considering : 227 Days

Authority’s Engineer consulted the EPC contractor as per article-18.5 of EPC, during determination/
Consultation of cumulative EOT of 364 days has been agreed by the EPC contractor; accordingly, the
Authority’s Engineer is recommending additional EOT of 227 days on account of above mentioned reasons.
It is further stated that due to previously granted total extension of time (EOT) of 137 days the date of
respective project milestone-IV in reference of clause 2.1 of schedule J was modified from 20-11-2018 to 05-
04-2020.

It is further also stated that if above determined total granted Extension of Time (EOT) of 227 days is
approved by the authority, the date of respective project milestones in reference of clause 2.1 of schedule J
shall further be modified from 5-04-2020 to 18-11-2020 & upon approval of EOT, the project milestones or
scheduled completion dates shall be amended as per clause 6 of schedule-N.
We would also suggest that, no further EOT shall be entertained on this account. However, the final decision
of the Authority shall prevail in this regard.
Thanking you,

Yours faithfully,

Manjul Kumar
Team Leader

CC:
1. The Chief Engineer NH&B, PWD Dehradun
2. The Superintending Engineer, 10th circle, Yamuna Colony Dehradun.