SCS/NHAI/NH-83/2018/00A/F01-

Dated 20th August 2019

To,
PROJECT DIRECTOR.
National Highways Authority of India
(Ministry of Road Transport & Highways. Govt. of India)
Project Implementation Unit – Gaya
House No. 70/244, Opp. Judicial Quarter
Chankyapuri Colony. Gaya – 823001, (Bihar)

Project: - Repairing and maintenance work in Patna-Gaya- Dobhi section of existing Road
of NH83 from km.0.000 to 105.000(only bypass stretches). For the year 2018-2019 in the
state of Bihar.
Subject: - Engineer’s Determination on Extension of Time Completion Date in terms of
Clause 27, 28 of General Conditions of Contract.

Ref: - 1. SCS/NHAI/NH-83/2018/00A/F01- 642, dated 03.05.2019

2. SCS/NHAI/NH-83/2018/00A/F01- 653, dated 26.06.2019
3. 11030/JMC/PIU-Gaya/1/2013/ 4621, dated 15.07.2019
4. NHAI/Patna-Gaya-Dobhi/NH-83,(NH-83) cm/2013/1113 , dated 05.07.2019
5. JMC/Patna-Gaya-Dobhi /NH-83/Maint./2019-20/63, dated 10.08.2019.

Dear Sir,
The Contractor, M/s. JMC Construction Pvt. Ltd. has been awarded the Contract for
execution of the above mentioned Project by the Employer for a Contract Price of Rs.
35,55,59,044(Thirty five crore fifty five lack fifty nine thousand forty four only ) and 1.4 crores
approved variation for POT and Patch work on existing road for 41.656 Km. Except Bypass
portion is total around 36.950 contract price. Entering into the Contract Agreement dated 30th
Oct. 2018. Subsequent to the signing of the Contract, the Commencement date for the
Project was declared by employer as on 17th Nov.2018. The whole works for the Project was
required to be completed by the Contractor within six month from the Commencement date
i.e 16th May 2019 for completion.

The Commencement Date and the Time Period for Completion from km.0.000 to
105.000(only by passes stretches) are fixed under the Contract based on compliance to the
respective obligations of the Parties in terms of the Contract. The Contractor has submitted
its revised Baseline Construction Programme vide its Letter No. JMC/PATNA-Gaya-
Dobhi/NH-83/Maint./2019-20/36 dated 15.05.2019 stating 3 – months EOT, the Engineer’s
representative reviewed and recommended 90 days EOT considering various factors vide
Letter No. SCS/NHAI/NH-83/00A/F01-642 dated 3rd May ’2019 to the employer.
Further, the Employer has considered EOT for 88 day’s i.e upto 12.08.2019 vide letter no.
NHAI/RO-Patna/Patna-Gaya_Dobhi(NH-83)cm/2013/11/3 dated 05.07.2019.

Further, the contractor has not been achieved the execution work as per the programme for
completion date i.e 12.08.2019, and requested EOT for completion of work with reasons as
under.

1. Delay due to force of Nature (RAIN) - The Contractor has claimed Extension of Time
due to seasonal rain fall vide their various letters .Substantial time period is lost due to Rain
& waterlogged at Hot Mix plant and site as well as high moisture in the base layer and
borrow area soil. The Contractor has claimed 21 days EOT against this event. The
Engineer’s representative has reviewed the Contemporary data submitted by contractor and
has assessed an independent EOT for 21 days against this event.

2. Delay due to disturbance in transportation of Aggregates – The Contractor has claimed 18

days that transportation of aggregate from approved source ( Gere mines) can’t be viable due to
continuous rain , waterlogged & STOPPAGE of concern crusher. The Engineer representative
reviewed and assessed 18 days against the above event.

3. Delay due to Irregular supply of Bitumen – The Contractor has claimed 8 days against
the irregular supply of Bitumen from source Haldia .This is accessed and shall be
recommended for 8 days.
4. Delay due to Festive Season – The contractor has claimed 07 days for festive season
Like EID & Chatti Chhat as the worker could not be available .The Engineer Representative
reviewed and assessed for 07 days for this event.

5. Delays due to Heavy Traffic – The Contractor has claimed 6 days STOPPAGE of work
due to Heavy Traffic near the work area. It is accessed the Contractor claim for 06 days
against this event.

Summary of EOT determined against various delay events in terms of Clause 28.1 & 28.2 of GCC
against Extension of Time up to 11.10.2019 .

Sr.No. DELAY EVENT EOT (Days) determination

against days occurred

1. Delay due to Rain 21

2. Delay due to disturbance in Transporting of 18
Aggregate
3. Delay due to irregular supply of Bitumen 08
4. Delay due to festive Seasons 07
5. Delay due to heavy Traffic 06
Total 60 days
Revised completion date 11.10.2019
 Engineer’s Recommendation
a) Based on Contractor’s submission regarding entitlement of extension of time in terms of
clause 28 of GCC and independent evaluation / verification of the same based on detail
particular /contemporary data reviewed by this office.
b) The contractor shall extend all the Insurance policies subscribed under Clause 13 and
contractor’s Risk Clause 12 of GCC and performance guarantee as per the revised time
period for completion determined and recommended as above.

c) The prime reason for considerable delay needs to be brought out that the mobilization of
the contractor and their progress has been extremely dismal in the initial one and two
months. The financial progress up to July 2019 is only 13.85 Crores out of 36.96 crores and
physical progress is 37.460 % .

d) The Contractor has given his consent vide letter no. JMC/Patna-Gaya-Dobhi/ NH-
83/2019-20/63 dated 10.08.2019 that extension of time would be without any financial
implication to NHAI.

e) Despite of rainy season the contractor has considerably deployed of machinery &
manpower.

Keeping all the facts 60 days’ time extension is being recommended for your review and
approval.
Submitted for kind consideration.

Engineer

(CEG-NK-Gaya)
(National Highway-83)

Encl: Revised Work Programme and S-Curve (Contractor’s Submittal).

Copy to: 1Team Leader
2. JMC Constructions Pvt. Ltd.