LEA Associates South Asia Pvt. Ltd. A LEA Group Company

Independent Engineer 'or Mahua-Jaipur O&M ProJect Office:

-Laxmi Puram-, Collector Chauraha, Main NH-U, Dausa (Rajasthan) Tel: t 91-1427-223951, Fax:- +91-1427· 223841

E-mail: lasadausa@lasaindia.com Consulting Engineers & Planners

Our leiter no LASNHighway/O&MI7339B/Mahua-Jaipur/20 t4/13B3

The Project Director,

National Highway Authority of India, Project Implementation Unit, Oausa A-2. Indra Colony. (Opposite Roadways Bus Depot) Dausa (Raj .) - 303303

dated: 19.07.2014

Subject:- Improvement, Operation and Maintenance, Rehabilitation and Strengthening of Existing 2-Lane Road and Widening to 4-lane of Divided Highway of Mahua-Jaipur Section of National Highway- l 1 from Km. 120.012 to 229.100 in the State of Rajasthan on Build. Operate and Transfer (BOn Basis Under NHDP PHASE-IIIA:­Request for decision/option of NHAI for further action under Clause 18.12 or 18.13 of Concession Agreement for. new deficiencies and non-compliance of O&M requirements by the Concessionaire for the month of April, 2014

Reference:-1. Letter No. LASNHighway/O&MI7339B/Mahua-Jaipur/2014/1285 dated 10.05.2014 2. Letter No. LASNHighway/O&MI7339B/Mahua-Jaipur/2014/1347 dated 17.06.2014 3. Letter No. LASNHighway/O&MI7339B/Mahua-Jaipur/2014/1379 dated 15.07.2014

Dear Sir,

1. We had been appointed as Independent Engineer for ·Operation & Maintenance of the

above work as per Consultancy Contract executed between us and NHAI on 20.7.2011

and accordingly, we had commenced our activities with effect from 11 .08.2011 .

2. As per provision of Article-XVIII of Concession Agreement, The Concessionaire is

required to operate and maintain the project in accordance with the provisions of Article­

XVIII of Concession Agreement, Schedule-L of Concession Agreement and Operation

and Maintenance Manual. Inspection Report for the month of April , 2014 was forwarded

to the Concessionaire with copy to your office vide our letter referenced-1 containing

new defects/deficiencies observed for the month of April, 2014 for complying with the

provisions of O&M requirements within 30 days in accordance with the requirement of

Clause 19.2 of Concession Agreement but the Concessionaire failed to rectify some of

these deficienciesJdefects.

3. Clause 18.12 of Concession Agreement provides as under :-

~ In the event the Concessionaire does not maintain and lor repair the project Highway

or part thereof up to and in accordance with the Specifications and Standard and lor in accordance with the Maintenance Programme or the Maintenance manual and

shall have failed to commence Remedial works within 30 days of receipt of notice in

this behalf from NHAI or the Independent Consultant or the O&M Inspection Report,

as the case may be, the NHAI shall without prejudice to its rights under this

Agreement, including Termination thereof, be entitled to undertake the repair and

maintenance of the Project Highway at the risk and cost of the Concessionaire and to

recover the same from The Concessionaire. In addition to recovery of the aforesaid

cost of repair and maintenance by NHAI, a sum equal to 25% (twenty five percent) of

such cost shall be recovered by NHAI from the Concessionaire as Damages·

Corporate Office: 6-1/[·21, Mohan Co-oper.Jtl\le Industrial Estate, Mathura Road, New Deihl- 110044 India Tel: +91·11·2697 39SO-S2, 4167 8150 (8 lines), fax: +91·11-41618659, 2691 1062 f-mail:lasa@lasaindia.com, Website: www.lasaindia.com/www.lea.a

Overseas Registered Offices: & PIClnning Solutions

LEA Associates South Asia Pvt. Ltd. ·2·

Clause 18.13 of Concession Agreement provides as under:-

~ ln the event, NHAI does not exercise its option to undertake the required repair and

maintenance after expiry of 30 days period stipulated in Clause 18.12, it shall recover

Damages from the Concessionaire for default in operating and maintaining the Project

Highway in conformity with this Agreement. Such Damages shall be payable after the

aforesaid period of 30 days and until the default is cured. The amount of damages shall be calculated for each day of default at the higher of the following , namely (a) Rs

10,000/· and (b) 0.1 % of the cost of such repair as estimated by the Independent

Consultant. Recovery of Damages shall be without prejudice to the rights of NHAI under this Agreement, including termination. ~

Clause 18.14 of Concession Agreement provides as under:-

~ If the Concessionaire commences any works for curing any defects or deficiencies in

the Project Highway, it shall complete such works expeditiously in accordance with the Good Industry Practice. If such works are carried out in a manner that results in a delay of more than 30 days as compared to the time required in accordance with the Good Industry Practice, NHAI shall recover the Damages from the Concessionaire as if a default had occurred under Clause 18.1 Y

4. Since, the Concessionaire had failed to carry out his obligations about the O&M requirements in accordance with the provision of Concession Agreement and failed to rectify some of the new deficiencies/defects for the month of April, 2014 within 30 days from the date of receipt of Inspection Report vide our letter referenced-1 , as such, the

Concessionaire had been served notice under Clause 18.12 of Concession Agreement

vide our letter referenced-2 and also further afforded an opportunity to attend to the deficiencies/ defects/requirements as per latest details given in Annexure-A, within 30 days from the date of notification. The Concessionaire had also been made clear that

failure on his part in fulfilling his contractual obligations within the specified time frame, the Concessionaire will become liable for further action/ recovery of cost of repair and maintenance by NHAI along with a sum equal to 25% (twenty five percent) of such cost

as damages under Clause 18.12 of Concession Agreement or recovery of damages for each day of default at the higher of Ihe following . namely (a) Rs 10.000/· and (b) 0.1 % of

the cost of such repair as estimated by the Independent Consultant in accordance with the provision of Clause 18.13 or 18.14 of Concession Agreement.

5. It is brought out that the Concessionaire has failed to rectify the new deficiencies/defects notified for the month of April, 2014 and the latest list/details of these unattended deficiencies/defects as seen from the inspection report for the month of June, 2014

referenced 3 is enclosed as Annexure-A. Total value of these unattended deficiencies/defects for the month of April, 2014 is Rs. 3,36,916.75/- (Rupees Three

Lakh Thirty Six Thousand Nine Hundred Sixteen and Paisa Seventy Five only) as

per details given in Annexure-A

Corporate Office: 8-1/E·27, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi· 110044 India Te l: +91·11·2697395().S2, 4167 81SO (8 Lines). FaK: +91·114167 8659. 2697 1062 E"fTIall:lasa@lasaindia.com, Website:www.lasaindia.com/ www.lea,ca

Overseas Registered Offices: · Addis Ababa (Ethiopia) ' Kampala (Uganda) 'Oman)

LEA defship in Engineering

& planning so/utiOfls

LEA Associates South Asia Pvt. Ltd. ·3·

6. You are requested to please convey NHAl's decision, if the NHAI would be getting the repair and maintenance of the Project Highway i.e. unattended deficiencies/defects for

the month of April, 2014 carried out at the risk and cost of the Concessionaire and recover the aforesaid cost of repair and maintenance from the Concessionaire along with

a sum equal to 25% (twenty five percent) of such cost as Damages in accordance with

the provision of Clause 18.12 of Concession Agreement. The detailed estimate

amounting Rs. 3,36,916.75/- (Rupees Three Lakh Thirty Six Thousand Nine Hundred

Sixteen and Paisa Seventy Five only) is enclosed herewith for your ready reference.

(Annexure-A)

7. However, if NHAI does not exercise its option to undertake the required repair and

maintenance after expiry of 30 days period stipulated in Clause 18.12, then we will

recommend recovery of Damages from the Concessionaire after the aforesaid period of

30 days and until the default is cured. The amount of damages shall be calculated for

each day of default at the higher of the following . namely (a) Rs 10,000/- (Rs. Ten

thousand) and (b) 0.1 % (zero point one percent) of the cost of such repair as estimated

by the Independent Consultant. Recovery of Damages shall be without prejudice to the

rights of NHAI under this Agreement, including termination.R

Thanking you ,

Yours faithfully, for LEA Associates South Asia Pvt. Ltd.

(Rajendra Mathur) Team Leader, LASA

Encl.: As above

Copy forwarded to the following for information please

1. CGM (T) RO. NHAI - Jaipur

2. Mr. Pinaki Roychowdhury, Managing Director, LEA Associates South Asia Private Limited, New Delhi-110044 for information please

3. Mr. A K Sharma. LASA H.O.- New Delhi

Corporate Office: 8-1/f-27, Mohan Co-operat lve Industria! Estate, Mathura Road, New Oelhi- 110044 India Tel: +91-11-26973950-52, 4167 81SO (8 Unes), FaK: +91-11-4167 8659, 2697 1062 E-mall:lasa@lasaindia.com, Website:www.lasaindia.com/ www.lea.ca

Ove~eas Registered Offices: oAddisAbaba (Ethiopia) oKampala (Uganda) oOman)

LEA dershlp In Engineering

& planning solutions

•

/ Annexure-A

Improvement, Operation and Maintenance, Rehabilitation and Strengthening of Existing 2·Lane Road and Widening to 4-lane of Divided Highway ofMahua-,a,lpur Section of National Highway-11 from Km. 120.012 to 228.000 in the State ofRajastban on Build, Operate and Transfer (BOT) Basis Under NHDP

SI. No.

1 (BSR Item

No. 2.3.2.1)

2 (BSR Item No. 10.5)

3 (BSR Item No. 10.29)

4 (BSR-Oausa PWD Item

No. 12.48.2)

S (BSR Item No. 8.1.2)

PHASE-IIIA:-

Cost of Rectification

Abstract

Item

Clearing and grubbing road land including uprooting rank vegetation, grass, bushes, shrubs, saplings and trees girth up to 300 mm, removal of stumps oftrces cut earlier and disposal of unserviceable mateTials and stacking of serviceable material up to a lead ofl000 m Including removal and disposal of top organic soil not exceeding in 150 mm thickness as per MoRTH specifi cation Clause 201 By Mechanical means: (In area of light jungle)

Filling Pot-holes and patch repairs with bituminous concrete, 40 mm with removal of all failed material. Trimmillg of completed excavation to provide finn vertical faces, Cleaning of surface. painting of tack coat on the sides and base of excavation as per Clause 503 back filling the pot holes with hot bituminous material using 60/70 grade bitumen@5% oftotal mlx& mixed in hot mix plant 40-60 TPH capacity a nd carriage with all leads as per Clasue 509, compacti ng with smooth wheel roller8-10 tonne, trimming & finishing the surface to fro m a smooth conti nuous surface, all as per MoRTH specification Clause 3004.2

Providing and fixing s teel gate, grating, and grills made of angles, tees, square bars, flats,Qr black pipe with hold fast and fittings complete as per design and d rawi ng including cutting welding and fabrication with priming coat of red oxide.

Painting with synthetic enamel paint of approved brand and manufacture to give an even shade:

(One or more coats on Old work)

Supplying and fixing precast R.C.c. Stones (M-15 mix) us ing one percent s teel reinforcement,including finishing in cement sand mortar 1:3 earthwork. cement concrete 1:4:8 engraving letters and numerals, painting with enamel paint etc. complete as per IRC standard design.

5th Km stone for NH,SH & MDR (size 50 x 152 x 25 em)

Qty

0.050

52.75

43.714

391.65

1

PWD BSR July 2013. NH Ci rcle Jalpur

PWD BSR 2013, Circle Dausa

Unit Rate Amount

Hect. 30094.00 1504.70

Sqrn 450.00 23737.50

Kg. 73.00 3191.12

Sqrn 18.00 7049.70

Each 2599.00 2599.00

Annexure-A

Jrnprovement. Operation and Maintenance, Rehabilitation and Strengthening of Extsting 2-Lane Road and Widening to 4-lane of Divided Highway of Mahua-Jaipur Section of National Highway-11 from Km. 120.012 to 228.000 In the State of Rajasthan on Build, Operate and Transfer (BOT) Basis Under NHDP

51. No.

6 (BSR Item No. 8.55)

7 (B5R Item No. 8.16)

8 (B5R Item No. P&M

026) Page No.2

9 (BSR Item

No. 9.5)

10 (BSRltem No.9.6.2)

11 (B5R Item No. 9.10.2)

12 (BSR Item No. 9.22.2)

Ite m

PHASE-IIIA: -

Cost of Rectification

Abstract

Marking Centre Line stop lines etc. on road as per I,Re pattern with thennoplastic paint o f approved quality and make with 8% glass

beads laid on the road surface at temperature 1'600 C with a special applicator machine complete with labour, material and traffic diversion arrangements.

Supplying orCat's Eye made of aluminum alloy size 75x100x22 mm having 21 biconvex lenses embedded in circular disc of ABS plastic on each side.

Removal of Encroachment by mechanical means

-

Providing and Laying reinforced cement concrete M 20 mix with stone aggregate 20mm nominal size mechanically mixed and vibrated for bed plates excluding steel reinforcement but including centering and shuttering. laid in position [MoRTH . Specification:Oause 1000/700]. (RCC Slab of Covered Side Drain)

Providing and fabricating steel rei nforce ment for R.C.c. works including cutting.bending,placing in position and binding complete Including cost of binding wire [MoRTH 5pecification:Oause 1000/1600) HY50rrMT Bars

Providing and laying Coursed/Random Rubble stone masonary in cement sand mortar 1 :3, in foundation up to a depth of 1.50 metres and also 1.50 metres above Ground /Bed level [MoRTH Specification: Clause 1000/1400]. Random Rubble Masonary

Providing and laying cement concreting including curing compaction etc. complete using stone aggregate 20 mm nominal size mehcanically mixed & vibrated in foundation and plinth Including the cost of shuttering if required.

M·20 grade mix 1:1:5:3 (1 cement: 1.5 sand: 3'graded stone aggregate

Qty

378.75

8

2

1.80

0.090

0.29

1.01

PWD BSR , u ly 2013. NH Circle JaJpu r

PWD BSR 2013, Circle Dausa

Unit Ra'. Amount

Sqm 672.00 254520.00

Each 222.00 1776.00

Hour 914.00 1828.00

Cum 4360.00 7848.00

MT 67784.00 6100.56

Cum 3296.00 955.84

Cum 4613.00 4659.13

Annexure-A

Improvement. Operation and Maintenance, Rehabilitation and Strengthening of Extsting 2-Lane Road and Widening to 4-lane of Dfvided Highway of Mahua-Jaipur Section of National Highway-It from Km. 120.012 to 228.000 in the State of Rajasthan on Build, Operate and Transfer (BOT) Basis Under NHDP

SI. No.

13 (BSR Item No. 10.1)

1. (BSRltem No. 8.48)

15 (BSR Item No. 9.27.2)

,. (BSR ltem No. 925)

Item

PHASE-IIIA:- .

Cost of Rectification

Abstract

Restoration of rain cuts with soil, Morrum, gravel or a mixture of these including all leads and lifts and cost of arrangements of land. clearing the loose soil, benching for 300 mm width, laying fresh material in layers not exceedi ng 250 mm and compacting with plate compactor or power rammer to restore the original alignment levels & s lopes complete as per MaRTH specification Clause 3002.

Supply of High Intensity retro refl ecting Type IV sign plate made out of2.0 mm thick aluminium sheet face to be fully covered with blue/ green high intensity grade retro refl ective sheet and· logo/matters, boarder made of with similar type of white sheeting after etching treatment of aluminium sheet. the baek side is to be painted with epoxy grey paint. The plate is to be fixed on 40x40x5 mm angle iron frame with help of aluminium rivets.

Random Rubble Stone masonary for foundation & plinth in cement sand mortar above 30 em. thick walls.

(In Cement Sand Mortar 1:6)

Piaster on new surface with cement mortar (1:3) including racking of joint etc. complete fine finished 20 mm thick

Qty

2.50

1.89

0.330

2.90

· AO~t ( - /J1 !J]:-- ) HighWay EngiQeer-1l

PWD BSR July 2013. NH Circle Ja ipur

PWD B5R 2013, Cir cle Dausa

Unit Rate Amount

Cum 113.00 282.50

Sqm 10417.00 19688.13

Cum 2669.00 880.77

Sqm 102.00 295.80

Total Amount = 3369 6.75

Improvement, Operation and Maintenance, Rehabilitation and Strengthening of Existing 2-Lane Road and Widening to 4-lane of Divided Highway of Mahua-Jaipur Section of National Highway-11 from Km. 120.012 to 228.000 in the State of Rajasthan on Build, Operate and Transfer (BOT) Basis Under NHDP PHASE- IlIA:-

LASA Letter No. 1 285 on 10.05.2014

I ~;.

1

2

,

I

'P '

ii

I

;

If

Estimate for repair work: ­

Details' . Item No.

and grubbing road land including uprooting rank vegetation. grass. bushes, and trees girth u~ ~ 300 mm. removal of stumps of trees cut

materials and stacking of serviceable material 1000 m Including removal and disposal of top organic soil not

! In 150 mm thickness as per MoRTH specification Clause 201

jungle)

~ I

~ ~ I

iffi &

F~Ui.~ Pot-holes and patch repairs with bituminous concrete, 40 mm with removal material Trimming of completed excavation to provide finn vertical

; the sides and base of excavation J back j , holes with hot bituminous material using

oltoQ.l mix & mixed in hot mix piant 40-60 TPH l';U leads as per Cause 509, compacting with smooth

. a smooth r MoRTH specification Oause 3004.2

(m1 ~ :m: 1

-". • and grills made of angles. tees, square fittings complete as per design and

I ; priming coat of red

I''''·' B" 12

'" 2

'0' 2

,0, ,

'.~iifk'f,;>'. ::. ~ ". Cuard Rall :-

(I) to 143+722 LH5 1

L B 0 Qri

I :,. .... Total, I '

~ =H= 20.00 0.75 15.00

1.15 13.80 m

(@I t.13

1.55 '.lOm 2.00 4.00m

0.10 0.3Om

To"', '.<om

~ 43.714- 43.714-

• TolaI, .... " .... At~V

( ' /!IlJJ?' ) H i~hway Engineer-II

Improvement, Operation and Maintenance, Rehabilitation and Strengthening or Existing 2-Lane Road and Widening t04-1ane or Divided Highway of Mahua-Jaipur Section or National Highway- ll rrom Km.120.012 to 228.000 in the State or Rajasthan on Build, Operate and Transrer (BOT) Basis Under NHDP PHASE-IIIA:-

LASA Letter No. 1 285 on 10.0 5.2 014

5

6

Estimate for repair work:­

Details:

Item

on Old work )

186+225 (Head Wall)

to 143+722

(MNB)

(MNB)

Stones (M. 15 mix) using one pet'tentsteel cement sand mortar 1:3 earthwork,.

1:4:8 engraving letters and numerals. painting with enamel as per IRC standard design.

xl52x2Scm)

I ~::~:~~;~;:;~LlI~"t", ~"';',P:;Ii~"::~~:"t~<~":;"',;ro:'::d:;as per IRC pattern with It make with 8% glass beads laid

road surface at temperaOJre 1600 C with a special appHcator machine with labour, material and traffic dIversion arrangements.

Lns

1

2

L B

7S 0.15

0.15

o QTY

1

7125

30.00

45.00

60.00

15.00

33.75

Improvement, Operation and Maintenance, Rehabilitation and Strengthening of Existing 2-Lane Road and Widening to 4-1ane of Divided Highway of Mahua-Jaipur Section of National Highway-ll from Km. 120.012 to 228.000 in the State of Rajastban on Build, Ope'rate and Transfer (BOT) Basis Under NHDP PHASE-lIlA:-

LASA Letter No. 1285 on 10.05.2014

Estimate for repair work:·

Item N. L • D QTV

~~~~'~(~~~<~':E~Y.~m~'d~'~'~(:'I~u~m:I"~U~m~':II~'Y~'~1'~'~7:5~'1~O:O~'2:2~m~m~h;'~;"~'~2~1~-.~~-.,-~ ____ ~ ____ f-____ -.,-____ ~ In circular disc of ASS plastlc on each side.

7

1""m"', 11 of Encroachment by mechanical means

8 (I)

,

11

II mix with stone a&Brtgate

for bed plates excluding steel laid in position [MoRTH

including cost of binding

I ;~:'~f:,::i~:~~;;::~~:::£:"~"~b~bl;~': :"'~i"~e masonary in cement Soand and also 1.50 ine~s above

: Oause 1000/14001.

(i)

li~a~s~}~~~~~~~1~]~;:~~lnCIUding curing compaction etc. complete i '. medlanically mixed and vibrilted in i the cost ofshutterinl If required.

1:1.5:3 (1 cement : 1.5 sand : 3 graded stone aggregate)

1 hour 1 Hour

1 hour 1 Hour

Improvement, Operation and Maintenance, Rehabilitation and Strengthening of Existing 2-Lane Road and Widening to 4-lane of Divided Highway of Mahua-Jaipur Section of National Hlghway-11 from Km. 120.012 to 228.000 in the State of Rajasthan on Build, Operate and Transfer (BOT) Basis Under NHDP PHASE-IIIA:-

LASA Letter No. 1285 on 10.05.2014

Estimate for repair work:­

Details:

Item

" orami1rture

power rammer to per MoRTH specification Clause 3002.

rivets.

new $urfa~ with ttment mortar (1:3) Including racking of Joint etc. 20mm thick.

177+880 (ROB) RHS

N. L • D QTY