DRAIPL - MKCIL (JV)
‘MKC HOUSE’ 10, Shiv Nagar, Anjar Ring Road, Anjar – 370110 (Kutch – Gujarat) Phone: 02836
245730 Fax: 02836 - 243065 E-Mail: mkcinfrastructureltd@gmail.com
Letter No.- DRAIPL-MKCIL(JV)/ADGA-PKG-04/22-23 /GDRPL/ Date: 04/08/2023
To,
The Team Leader
Geo Design & Research Pvt. Ltd.
In joint Venture with Voyants Solution Pvt. Ltd.
H.No.49/50 Lake view Bungalows, Near Police Station,
Post DHOLERA, Dist.- Ahmedabad-382455.
E-mail: - gdraedholeraeway@gmail.com.
Sub: Construction of Four Lane Expressway from start of DSIR zone of Ahmedabad district to Adhelai village of
Bhavnagar district (CH:71.060 to CH:109.019) section of Ahmedabad - Dholera Greenfield Alignment (NH-
751) on EPC Mode under Bharatmala Pariyojana in the state of Gujarat (Package-IV)- “Revised Request for
Extension of Time -Reg.”
Ref: -
1. LOA No. NHAI/GUJ/Ahmedabad-Dholera/PK-IV/2020/86 dated 29.10.2020
2. Contract Agreement dated 24.12.2020.
3. DRAIPL-MKCIL(JV)/ADGA-PKG-04/22-23 /GDRPL/581 Date: 16/06/2023
4.
Dear Sir,
This is with reference to the above cited subject; we are hereby submitting the proposal for Extension of
Time based as mentioned below; -
1. Upon signing of the EPC agreement on 24th December 2020, the appointed was declared on 13th December
2021. Accordingly, the scheduled completion date for the project was 12 th December 2023 with a
construction period of 730 days. Due to certain disruptions which have arisen during the course of execution,
the project could not be completed on predefined scheduled dates, though all other mile stones were
achieved on time. Various other correspondences have been made with the Authority Engineer/Team Leader
from time to time in this regard as referenced above.
The details of schedule date of Achievement of various project mile stones and their requested extensions
are tabulated below for ease of reference:
Sr. Description Schedule date Actual date of Current Status or EOT Status
No. as per Achievement Achievement of
Schedule-J s M.S.
1 Project Mile Stone-I 26-Aug-2022 30-Jun-2022 Achieved Not required
2 Project Mile Stone-II 24-Feb-2023 19-Mar-2023 Achieved Not required
3 Project Mile Stone-III 26-Aug-2023 In Progress
4 Schedule Completion 12-Dec-2023 Yet to be Extension
Date achieved Required
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2. We are hereby submitting the detailed as below mentioned for your kind consideration, due to the following
reasons: -
i. Delay due to II wave of COVID-19 resulted in delay in supply of Raw Materials such as Steel &
Cement.
ii. Unprecedented Rainfall.
iii. Delay due to handing over of ROW
iv. Strike of Gujarat Blackstone Quarry Industry
v. Delay due to Diversion Issues
vi. Delay due to COS of Utility Shifting.
vii.Delay due to Local landowner issues (Ref no-)
viii.Delay due to COS.
Each and every reason is detailed below: -
i. COVID-19: 2nd Wave: -
The period from December 2021 to February 2022 was severely impacted due to 2 nd wave of Covid-19.
The planned progress of the project had suffered tremendously due to 2 nd wave of COVID-19 as
demonstrated in the table given below:
Actual Progress achieved
Planned Progress during the Shortfall in planned
during the month (In Crore)
Sr. month (In Crore) progress
Month *
No.
In Percentage In Percentage
In Crore In Crore In Crore In %
(%) (%)
1 Dec-21 0
2 Jan-22 9.1 1.02% 2.5 0.28% 6.6 0.74%
3 Feb-22 18 2.01% 11.6 1.30% 6.4 0.72%
Total Short Fall 1.45%
*-Data taken from MPRs being submitted to AE.
The overall shortfall in planned progress has been considered due to cascading effect of slow progress
due to effect of 2 nd wave of Covid-19, due to delay in supply of essential & other raw materials. Necessary
proofs (Internal e-mail dated December 2021 to the manufacturers/ suppliers) for non-availability / delay in
material supply/ labor supply.
%Rate of progress scheduled per day as per contract provisions
100 %
Achieve Percent= =0.136% per day
730 days
1.45
Loss of progress due to COVID-19 = =10.66
0.136
Total delay w.e.f. Dec 2021 to Feb 2022 =11 days
ii. Unprecedented Rainfall: -
There was excess rainfall during the month of June 2022 to October 2022as detailed below with the
help of Rainfall data from Meteorological department enclosed at Annexure-I
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Affected Due to Unprecedented Rainfall
Sr No Month Avg Rainfall Rainfall At Site(In MM) Affected Days
1 Jun-22 108 156.3 30
2 Jul-22 337 503.3 31
3 Oct-22 11 90 31
Planned Progress
Actual Progress achieved Shortfall in
during the month (In
during the month (In Crore)* planned progress
Sr.No. Month Crore)
In In
In % In Crore In % In %
Crore Crore
1 Jun-22 26.00 3% 32.04 4% 6.04 -0.68%
2 Jul-22 24.20 3% 11.46 1% -12.74 1.42%
3 Oct-22 40.60 5% 9.38 1% -31.22 3.49%
Total Short Fall 4.24%
No Of Days due to cascading effect of Rainfall 31 Days
%Rate of progress scheduled per day as per contract provisions
100 %
Achieve Percent= =0.136% per day
730 days
4.24
Loss of progress due to Rainfall = =31 days
0.136
Total delay w.e.f. June 2022 to Oct 2022 = 31 days
iii. Delay due to handing over of ROW: -
a) The appointed date for the subject project was declared as 13.12.2021, We had immediately mobilized
our manpower and machinery for starting the work based on the declaration of appointment letter we
had started the pre-construction activity. But the land/ROW was not made available to us to start the
work as per clause 8.2 (i) and 8.2(v) of the contract agreement.
b) This was intimated to Authority vide several letters mentioned in above references It is pertinent to
mention here that we have not handed over the project land (ROW) till date as per the contract
provisions, but the authority handed over 94% of MCW – construction zone (ROW) land to the contractor
on 09th Nov 2022 which is 331 days’ delay from the appointed date.
c) As far as acquirement of land by the Authority and handing over hindrance free stretches to the
Contractor for project execution is concerned, the same is governed by the provision of Clause 3.1. (iii)(a)
of the Contract Agreement which states as follows:
"No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total length
of the Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be
in contiguous stretches of length not less than 5 (five) kilometer"
It may be observed from this provision of the contract that not only the minimum 90% of the project
length is required to be handed over to the Contractor, hindrance free, but also the same is required to be
handed over in contiguous length of not less than 5 kilometers.
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d) The tentative completion date for the project was calculated based in the delay happened due to handing
over of land to the contractor as per contract provisions 10.5 (i) (a) Delay in providing the Right of Way of
construction Zone environmental clearance or approval of railways authorities, specified in clause 3.1,
Delay due to PROW 90% not provided was of 331 days.
Details Delay in handing of ROW is mentioned below: -
Delay In ROW Handing Over
Sr. No From To Hindrance(In KM) Days Remark
1 Jun-22 Aug-22 5.815 112
2 Aug-22 Sep-22 1.415 27
90% Handing Over Delay
3 Sep-22 Mar-23 1.175 23
4 Mar-23 Apr-23 0.99 19
5 Apr-23 May-23 0.77 15
6 May-23 Jun-23 0.46 9 Till Date 100% Land not available
Total Delay In Handing Over Land-100% 204 Day
It is self-explanatory that EPC contractor has not handed over the project land (ROW) 100% by the
Authority even as on date i.e., after expiry of 600 days from the Appointed Date of the contract.
In view of above, it is kindly submitted that the resources deployed by the Contractor namely
machinery, manpower and materials are remaining idle due to this non availability of project land (ROW).
Thus, Contractor reserves it's right to claim for damages from Authority on account of delay in handing over of
the site pursuant to clause 8.3.(i)of the Contract Agreement as well as due to idling of resources at an
appropriate time. Based on this the EPC contractor has right to claim Extension of Time pursuant to clause
10.5.1) (a) of the Contract Agreement due to delay in providing the Right of Way of Construction Zone to the
Contractor
iv. Delay due to Strike of Gujarat Blackstone Quarry Industry: –
a) On 1st may 2022 Sunday, the owner of Black stone quarries has stopped the work after the strikes call
given by the Gujarat Blackstone quarry industries association, leads to the shortage of aggregates and
hampered the site work for 17 days. (Newspaper cutting is attached with this letter as Annexure-II)
b) Strikes or boycotts (other than those involving the Contractor, Subcontractors or their respective
employees/ representatives, or attributable to any act or omission of any of them) interrupting supplies
and services to the Project Highway for a continuous period of 24 (twenty-four hours and an aggregate
period exceeding 10 (ten) days in an Accounting Year, and not being an Indirect Political Event set forth
in Clause 21.3; The EPC contractor is entitled to claim EOT for 17 days , and details proof of strikes has
been attached with this letter.
Delay due to Strike of Black stone quarry
Sr. No. Description From To Duration Remark
1 Black Trap 01-05-2022 17-05-2022 17 days
v. Delay Due to diversion of traffic for Inter and intra traffic movement: -
a) The EPC contractor has informed with various letter that there are multiple intersections in the new
project alignment with existing road also the new alignment exactly superimposes over the existing road
for continuous length of approx. 15km. This existing road is going to replace by expressway at overlapping
portion. In this context the EPC contractor has submitted the diversion plan along with work plan for
external and internal traffic movement and requested to facilitate the complete blockage of traffic in
existing highway alignment of NH-751 between chaingaes 84+000 to 102+000 approximately between
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dholera and bavaliyari villages for the period of 14 months. (All Correspondence are attached as
ANNEXURE-IV)
b) In this regard Authority (NHAI) has forwarded the case to the District Collector with letter no- NHAI/PIU-
AHD/Ahmedabad-DHOLERA/pkg-4/Traffic/2022-23/1875 Dated-13.09.2022 considering the
potential of conflict between construction vehicles with present traffic, safety & comfort of road users
and construction workers, requesting to facilitate the contractor with complete blockage of traffic in
existing highway.
c) Details of these communications are summarised below: -
Sr. Name of the forwarding
Description Date
No. Agency
DRAIPL-MKCIL(JV)
1 Proposed the diversion plan vide under reference (4) 01.09.2022
(EPC Contractor)
GDR Pvt. Ltd. Scrutinized diversion plan submitted to Authority
2 (Project Director, National highways authority of India) 06.09.2022
(Authority Engineer)
vide under reference (7)
NHAI Scrutinized Diversion plan submitted to The District
3 Collector and requested for complete blockage of traffic 13.09.2022
(Authority)
in existing road vide under reference (5)
4 District Collector Diversion plan forwarded to Sub Divisional Magistrate. 27.10.2022
Proposed diversion plan forwarded to –
Sub Divisional 1. Executive Magistrate and Mamlatdar Dholera.
5 01.11.2022
Magistrate. 2. Sub Inspector of Dholera Police Station.
3. Deputy Executive Engineer, R&B Dept. Dhandhuka.
Sub Inspector of Dholera
6 Opinion Submitted to Sub Divisional Magistrate. 03.11.2022
Police Station
Executive Magistrate
7 Opinion Submitted to Sub Divisional Magistrate. 05.11.2022
and Mamlatdar Dholera.
Ordered to Sub Divisional Magistrate regarding diversion
8 District Collector of traffic from NH 71 and provided option of diversions. 13-04-2023
And closer of NH-71.
Very next day the order was revoked by the District
9 District Collector 14-04-2023
Collector,
As on date the issues were not resolved and the
10 DRAIPL-MKCIL(JV) contractor is standing at same place as mentioned in 16-06-2023
point -01
d) As above mention scenario represent that Authority has failed to resolved the diversion issues as on date,
because of this EPC contractor could not able to execute the construction activity for the length of approx.
15Km.
e) As above mentioned, project is a green filed project and no obstructions of traffic is considered, but due to
overlapping of new alignment over existing road traffic movements are coming across the construction
work. In this regard above conversation was made regarding complete blockage of existing road for the
construction durations. Although after expiry of 18 months the ECP contractor came across to do stage
work for 15km. As we all know for stage works need extra efforts in terms of manpower, machineries, cost
as wells as extra days required to complete the stage work for 15km. Now all these extra efforts have to
bear by the EPC contractor.
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Delay Due to Diversion Issues
Sr. No Submission Date Delay Date Duration Days Remark
1 29-04-2022 04-08-2023 213 Days
As On Date Diversion Plan Not Approved.
vi. Delay Due to non-Shifting of utility (Water Supply pipeline of SSNNL)
a) The EPC contractor has informed the Authority regarding non shifting of utility (Water Supply pipeline of
SSNNL) with letter number-DRAIPL-MKCIL(JV)/ADGA PKG-04/2021-22/PIU-AHD/076 in which it was clearly
mentioned that EPC contractor has been followed up with Utility owning Authority (SSNNL)for 08 months
regarding shifting of utility but no solution was provided from there end.
b) EPC Contractor has requested the Authority for needful support regarding shifting of utility which is falling
under the Project ROW on dated-03.02.2023 (Letter number mentioned in point a), but as on date no
solution provided by the Utility owning department nor from Authority, due to which construction activity on
ROW are getting hindered and leads to delay in work. (Letter is attached as ANNEXURE-V)
Delay Due to non-Shifting of utility (Water Supply pipeline of SSNNL)
Sr. No. Submission Date Delay Date Duration Days Remark
1 03-02-2023 16-06-2023 5 Days
vii. Delay Due to Local Land owner issues at Site
a) Ref to the letter no-02 reference (6) on dated-20-06-2023, The EPC contractor had inform regarding the (life
threatening attacks) incident took place at site to the Home Minister, Chief Minister, District SP, along with
NHAI RO and PD, that approximately 50-60 local villages attacks with the weapons and arms on the working
labours, sub-contractors and Engineers of MKCIL at ch-72, due to this life threatening incidents creates lots
of fear among labours and engineers also local villages damages lots of machineries, which leads to delay in
site progress.(details of incidents along with photographs are attached with this letter)
Delay Due to Local Landowner Issues
Delay
Sr. No Submission Date Duration Days Remark
G Date
1 19-06-2023 29-06-2023 10 Days
3. Detailed of Extension of Time (EOT) is summarized as below: -
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Si. No. Reasons No of Days Required
Page 7 of 8
i COVID-19: 2nd Wave 11
ii Unprecedented Rainfall 31
iii Delay in 100% ROW Handing over 204
iv Due to Strike of Gujarat Blackstone Quarry Industry Associate 17
v Delay Due to Diversion 213
vi Delay Due to non-Shifting of utility 5
vii Delay Due to Local Issues(Incident) 10
viii COS affected Days 16
ix Total Delay In Days 506
x Deduction for Overlapping (days) 86
Total Extension of Time Required (i.e., up to 13st Feb 2025) 421
Conclusion: -
In view of above-mentioned observations, the EPC contractor is hereby claiming the Extension of Time up
to 04th Feb 2025 (421 days) shall be approved so that no adverse financial effect causes any further delay to the
project completion.
This is for your information review and further needful action please. your initiative will be highly
appreciable.
Thanking you and assuring you of our best services at all times.
Yours Sincerely,
DRAIPL-MKCIL (JV)
Authorized Signatory
Enclose: -
1. LOA & Appointment Date.
2. Hindrance Letters.
3. Rainfall Data (Annexure-I).
4. Supporting documents for Black Trap Strike (Annexure-II).
5. Modification of Exposure Condition (Annexure-III).
6. Diversion OR overlapping of existing road (Annexure-IV).
7. Correspondence Regarding Non-Shifting of Utility Shifting (Annexure-V).
Copy to: - The Project Director, National Highway Authority of India, PIU Ahmedabad, 3A & 3B, II floor Amul Building,
Ahmedabad – 380051
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