R.G. BUILDWELL ENGINEERS LTD.
CIN: - U70101DL2001PLC110503
‘AN ISO 9001 : 2015 CERTIFIED COMPANY
NATIONAL & STATE HIGHWAYS CONSTRUCTION
RGBEL/GEN/2020-21/26
To May 25, 2020
The Chief Engineer,
NH & Bridges,
PWD Dehradun
Sub: Widening and Strengthening of existing intermediate/ 2 lane to 2 lane with
paved shoulder configuration from Km. 0.000 (design KM 0.000) to Km 16.440
(design Km 18.700) including existing 3.470 km. of Rudraprayag bypass of NH 109
through Engineering, Procurement & Construction (EPC) contract in the State of
Uttrakhand
Ref: Release of Performance Security/Bank Guarantee in proportion to
contract work completed by the contractor as per OM, no. Covid
19/Roadmap/JS(HS)/2020
Dear Sir,
With reference to the Atamnirbhar Bharat package announced’ bythe Government
of India which includes relief to the contractors/developers of Road Sector from the
impact of COVID, further relief measures are notified vide OM no. Covid
19/Roadmap/JS(HS)/2020 dated May 18,2020 by Joint Secretary (Highways)
in detail.
Further in point A-(vi) of the above mentioned OM it is recommended that
Performance security provided by the contractor to be returned by the Contractee (
Government Department) as is proportional to the supplies made/contract work
completed.
We aré thé ‘Contractor Of 'the above’ mentioned project in the subject line, on the
basis of the relief recommendation made in the OM , we are submitting our request
for release of Bank Guarantee as per following Calculation:
a) Contractor Bond Amount
b) Work completed as per IPC 14
c) Wok Completed in %
d) Bank Guarantee Submitted with the department
e) Bank Guarantee to be released (76.70% of (d))
f) Remaining Bank Guarantee with the department: Rs 1,03,55,939
Regd. Office : B-4, 2nd Floor, Vivek Vihar, Phase, Delhi-110095,
Corporate Office : 8-30, R.D.C., Raj Nagar, Ghaziabad (UP) - 201002
Head Office : R-13/84, Raj Nagar, Ghaziabad (UP) - 201002
Ph. : 0120-4120419, 4121419, 4122419 Fax :0120-2822880
E-mail : info@rgbuildwell.comCIN: - U70101DL2001PLC110503
‘AN ISO 9001 : 2015 CERTIFIED COMPANY
NATIONAL & STATE HIGHWAYS CONSTRUCTION
ie R.G. BUILDWELL ENGINEERS LTD.
9) In view of above and the guidelines issued by the Ministry of finance, We
request to kindly accord your approval for the partial release of the bank
guarantee through a written communication with Yes Bank Ltd, D-12,
South Extension Part II, New Delhi with a copy to us, to reduce the
amount of the Performance Bank Guarantee no. 069BG01190020003 from
Rs 4,44,44,444/- to Rs 1,03,55,939/- considering 76.70% of the work
completed .
This request is being forwarded keeping in view the following:
1, The implications of this Covid-19 pandemic affecting the company’s
financials.
2. To reduce the financial burden on the contractor, as per the directives of the
Govt of India.
Thanking you and assuring you of our best services at all times.
Yours faithfully,
CC: The Superintending Engineery NH Circle- PWD, Dehradun
The Executive Engineer, NH Division, PWD Rudraprayag
The Team Leader- M/s L TELFORD Consulting Engineers Pvt Ltd
Enclosure ; 14" Running Bill
OM dated May 18,2020
Regd. Office : 6-4, 2nd Floor, Vivek Vihar, Phase, Delh-110095
Corporate Office : 8-30, R.D.C., Raj Nagar, Ghaziabad (UP) - 201002
Head Office : R-13/84, Raj Nagar, Ghaziabad (UP) - 201002
Ph. : 0120-4120419, 4121419, 4122419 Fax : 0120-2822880
E-mail : info@rgbuildwell.com14th Running Aecount Bill coma miments
(Refer in Page 9290 an 10292)
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Government of India
Ministry of Road Transport @Highways
‘Transport Bhawan, 1, Parliament Street, New Delhi-110001
Subject: Atmanirbhar Bharat: Relief for Contractors / Developers of
Road Sector
Please find enclosed OM No. COVID-19/RoadMap/ JS(H)/2020 dated
18" May 2020 on above mentioned subject. | am directed to say that the
aforesaid OM shall be implemented forthwith by issuing generic orders by
DG (RD)& SS, Chairman, NHAI and MD, NHIDCL. As far as possible these
Instructions shall be applicable to all contracts and discretionary approvals
at lower level shall be avoided
(Amit Kuffar Ghosh)
Joint Secretary (Highways)
18.05.2020
DG (RD) & SS
Chairman, NHAI
MD, NHIDCL
Copy to: “PS to Hon’ble Minister/ Addl PS to Hon'ble MoS/ Sr. PPS to
Secretary, RT&HNo. COVID-19/Roadhtap/.JS(H)/2020
Government of India
‘Ministry of Road Transport & Highways
(Highways Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated: 18th Nay, 2020
OFFICE MEMORANDUM
Subject: Atmanirbhar Bharat: Relief for Contractors / Developers of Road Sector
‘As an integral part of Atmanirbhar Bharat, the following measures are hereby notified for
Providing reltef to Contractors/ Devetopers/Concessionaires of Road Sector from the impact of
COVID, subsequent lockdown and other measures taken to prevent spread of COVID.
2 curclinistry of Road Transport & Highways, NHAI & NHIDCL will implement the following
measures forthwith;
A. For all National Highway works being executed under HAM and EPC Models
different Agencies.
()Schedute-# condition in Contracts to be relaxed to enable payments at monthly interval
for the work completed as per specifications.
(i) To allow extension of time to contractors under Farce Majeure Clause due to COVID
Pandemic as per instructions in Ref. No. F.18/4/2020-PPD of Department of
Expenditure and in accordance with the contract.
(iii) Direct payments to approved subcontractors by the Departmental authority towards
works done by them wherever competent authority is satisfied that it fs required for
early completion of work in accordance with contract.
(W)_Expeditious approval of change of scope whenever required and payment to the extent
Of work executed as per specification.
(v) Waiver of penalty for delay in submission of Performance Security/Bank Guarantee for
new contracts entered into during March 2020 to September 2020.
(vi) Performance Security provided by contractor/supplier to be returned by the Contractee
(Government Department/Agency) as is proportional to the supplies made/contract.
work completed as per amendment to GFR 171 issued vide F.18/4/2020-PPD by
Department of Expenditure.
8. For all National Highway works being executed under BoT by different Agencies,
i) To allow extension of concession period in accordance with the Concession
agreement and DOE instructions in this regard onF. 18/4/2020
4i) Provision of revenue shortfall loan at an interest rate not more than bank rate +2%
to eligible concessionaire for the amount not covered under relief granted by RBI
ili) _Expeditious approval of change of scope whenever required and payment to the
extent of work executed,
Contd...2.National Highway tolling contract being operated by NHAI,
MORTH vide letter no. H-25016/01/2018-Toll dated 25" March 2020 conveyed that the
lockdown period and the subsequent prevailing condition of low traffic due to unprecedented
COVID-19 epidemic outbreak, may be treated as Force Majeure of the Concession/ Contract,
Agreement as per Mintstry of Finance letter no. F-18/4/2020-PPD dated 19th Feb,2020. In
view of the Ministry of Finance letter no. F-18/4/2020-PPD dated 19th Feb,2020 and
subsequent instructions of MOF with regard to Force Majeure Condition, NHAI fs directed to
provide the undermentioned Force Majeure relief to the User Fee Collection
Contractors/Agencies by dividing the entire Force Majeure period tn two phases, first phase
during the period user fee collection was suspended and second phase due to low trafic
count post resumption of the user fee collection due to COVID-19 pandemic.
1" Force Majeure period during suspension of tolling during complete lockdown
from 26.03.2020 to 19.04.2020;
(i) Waiver of the agreed remittance of the contractor for the period of suspension of
user fee collection for the above period.
(i) Reimbursement of 75 % of the Administrative @Toll Collection Expenses to be
calculated based on fixed annual administrative charges on lane basis as per NHAl
procedure, on account of ensuring functioning of ETC systems, security and safety of
fee plaza infrastructure during the suspension period
Nl. 2 Force Majeure period post resumption of tolling with effect from 20.04.2020
(00:00 hrs) till traffic resumes 90% of the traffic in pre-lockdown period weekly
average traffic count. During this period the follovring has to be provided:
“ Waiver of the difference between agreed remittance as per contract
agreement and the estimated remittance based on the traffic data during the
above period
a Waiver of penal interest for delayed/short remittances for the above period
as per Contract provisions,
a Reimbursement up to 50 % of the Administrative Toll Collection Expenses to
be calculated based on fixed annual administrative charges on lane basis as
per NHAI procedure.
3. A Committee under the Chairmanship of DGRD&SS is being separately constituted
which will examine the issues as per specified Terms of Reference (ToR) and recommend to
MoRT@H further steps required to be taken to provide relief to contractors, concessionaires
and developers in road sector.
“This issues with the approval of the competent authority,
* 18-05: 20
(Amit Kimar Ghosh)
Joint Secretary (Highways)
To
1. DG (RD) & SS, MoRTH
2. Chairman, NHAL
3. MD, NHIDCL
Cony toto Honble Mostar Adal Sto Hobe S. PPS tn Secretary, RTI