ie JAS TOLL ROAD CO. LA ABHIJE=T An ISO 9001 : 2000 Compat Regd. Office Jeet Group, Landmark Building, = 5 ‘a Road, Ramdospeth E-mail : contact@abhijeot i r-440 010, (Maharastra) website : www.abhijeet.in 1-7 12-2248570 7972 7760 91-712-2249608 J 2236660 Ref: NHAV/PIU-CTA/N-T/Toll Cor./2015-16/el S22) Hp. KEDL, KM, 29.5, NH-4, Rglumepalya, Nelamangala, Bangalore - 562 123 Prone / Fax :080-7725004 Date:- 30-03-2016 The Project Director, Project Implementation Unit, Natfmal Highways Authority of India, Km 201, NH-4 near JMIT Campus, Chitradurga - 577502. Sub: Operation and Maintenance and fee collection of 4-lane divided carriageway facility of Nelamangala Tumkur section from Km 29.5 to Km 62.0 of NH-4 in the state of Karnataka on BOT basis - Providing Metal Beam Crash Barriers as per direction of IE/NHAI in O & M Phase— Reg. v Refi (1). NHAT circular dated 18-02-2011 (2). Our letter No. JTRCL/HO/Aug/2013/01-20197 dated 30-08-2013 (3). Our letter No: JTRCL/HO/Sept/2013/01-2108 dated 20-09-2013 (4). Our Letter No JTRCL/HO/Nov/ 2013/01-2138 dated 08-11-2013 (5). Our letter no: JTRCL/HO/Sept/2014 /01-2181 dated 21-01-2014 Dear Sir, This is in continuation to our letters mentioned under references 2 to 5 and various meetings held in this regard, the Concessionaire has discussed the contract provisions and highlighted that subject work is beyond the contractual stipulation, which we have executed as suggested by NHAI/IE in O & M Phase and shall be treated as additional scope of work in © & M phase. Scope of Project is described in Article 2.1 of the Concession Agreement, the highway project to be constructed under the scope of the work as defined in Schedule B and Schedule C. The specifications to be followed are provided in o Schedule D for the above scope of the work Under the above scope of the work, the provision of safety barrier is indicated in cross section types 7 (Figure B.05) and 9 (Figure B,09) of Schedule B of Concession Agreement. According to cross sections, requirement of the Metal Beam Crash — Barrier is shown in cross section 9 and at other locations provision of guard post is recommended. ‘The Concessionaire erected Metal Beam Crash Barrier at other locations also as advised by the IE/Competent Authority during the construction period in lieu of the safety of the road users before entering into the O & M period (in November 2004 COD). Itis, therefore, the Concessionaire's obligations is fulfilled in accordance with the Concession Agreement/desired by Competent Authority/Independent Engineer during the construction period. Further, the O & M period is stricture to maintenance/repair/replacement of executed activities and shall be maintained in accordance with Schedule - L. Operation and Maintenance work are “being performed in according to the specifications and provisions of Schedule L as well as instructions received from your end/IE from time to time for a smooth and safe usage of the project highway. a are SaalA =T JAS TOLL ROAD CO. LTD. Continuation Sheet Besides, as advised by IE/NHAI, we have procured and erected 4200 metres of Metal J Beam Crash Barriers at desired locations as mentioned in Annexure-(I) in O & M period. Therefore, such erection of Metal Beam Crash Barrier shall be considered as additional item and Authority is required to reimburse the amount incurred of Rs.1,24,84,800/- by the Concessionaire (detail furnished in Annexure -I) After erecting the Metal Beam Crash Barriers as above in © & M phase, this became a part of the Project Highway and Concessionaire shall incur the expenditure for maintaining/repairing/replacement of the same during the O & M period and shall be equivalent to the approximate cost i.e. Rs.1,24,84,800/- which we have already expended to perform the such additional work. The penalty/damages for non-performance of maintenance activities are briefly defined in clauses 18.12, 13, 14 of Concession Agreement and shall not be applicable for additional scope/any material modifications. Hence, penalty amounting to Rs.76,10,000/- imposed by the IE/Authority in this regard is not tenable in accordance with the Contract Provisions and shall liable for waiver and shall be refunded as it has been already recovered. The Concessionaire has worked out a cost statement incurred for erection of Metal Beam Crash Barrier and the same are enclosed as Annexure I & II and the abstract of the same is mentioned in table below for reimbursement of amount of this additional _— work in O & M phase Total sl Particulars Length | Amount (in meter) (ins) 1 | Additional length for Erection of | 4200 Metal Beam Crash Barrier 1,24,84,800 2 | Maintenance of the Item No 1 during O & M phase (lump sum) 1,24,84,800 Re TOTAL 2,49,69,600 3_| PENALTY IMPOSED/RECOVERED 76,10,000 Ll GRAND TOTAL 3,25,79,600 In view of the above we request you to kindly make the aforesaid payment of Rs.3,25,79,600/- for erecting of Metal Beam Crash Barrier and its forthwith — maintenance, and imposed penalty with the interest as applicable. Thanking You Yours Faithfully ee Authorised Signatory CC: 1, CGM (Tech), R.O. Bangalore 2. Manager (Tech), NHAI —Tumkur {_3-Feam Leader, Lion Engineering Consultant Tumkur.JAS TOLL - Nelamangala Tumkur section from Km 29.5 to Km 62.0 of NH-4 _ in the state of Karnataka Location details for erection of W Crash Barrier in O & M Phase ANNEXURE -I S.No Location. Side Rmtr. Remarks i 35+800 LHS 136.00} Ez 40+000 LHS 452.00 3 [= 40+000 RHS 876.00 4 43+000 LHS 200.00 5 43+100 RHS 100.00 6 43+200 LHS 88.00 7 45+000 RHS 184.00} & 50+600 LHS) 260.00] ROB-1 9 50+600 RHS 620.00] ROB-1 10 50+600 Median | 300.00 ROB-1 i 55+600 Median [132.00] ROB - 2 - Nelamangala End 12 55+600 LHS 300.00) ROB - 2 - Tumkur End 13 55+600 RHS 240.00] ROB - 2 - Tumkur End 14 56+000 Median | 312.00 ROB - 2 “Tumkur End Total_| 4200.00 \