credit usta warart orfareor eTown seeztee (asa uftaes wet start water) 2 (Tole 1824-2519 National Highways Authority of India (Ministry of Road Transpgrt & Highways) Ne WY feats asaferert gaf—-T7 Project implementation Unit - Mangalore eg STC, 3:20, Her, atte, ster oe (wh 66), vee ~ $75002 suanaraata NICATCT Door No, 3:29, "Bethel", Tharethota, Near Pumpwell (NH.66), Mangalore - 575002. No.11045/15/2011/PIU (Mngl)/ 59 8 9% December 2020 To, The Team Leader Instfarge M/s. L. N Malviyaafra Projects Pvt. Ltd., ‘Ayesha Park" Déor No. 13-2-25A1, kittur Chenyrémma Road, jdupi - 576101 sub: Four Laning of Kundapur ~ Surathkal from Krn. 283.300 to Km. 358.080 and Nantoor circle — Kerala Border from Km, 375.300 to Km. 376.700 and Km. 3.700 to kin17.200 Sections of NH-6 in the State of Kamataka-Effect of Variation in Traffic Growth (Article 29 of CA)-Reg. Ref: Concessionaire M/s Navayuga Udupi Tollway Pvt NUTPL/1233/SKR/3043 Dt. 06.10.2020 Ltd, letter No; Sir, This is in reference to Coricessionaire letter No: NUTPL/1233/SKR/3043 Dt 06.10.2020 whereby M/s Navayuga Udupi Tollway Pvt. Ltd, has submitted the effect of variation in traffic growth in accordance to Article -29. 2, On the submission of Concessionaire M/s Navayuga Udupi Tollway Pvt. Ltd. letter ate 06.10.2020, Independent Engineer M/s. Aarvee Associates, Architects, Engineers Shd Consultants Pvt Ltd, Udupi vide letter No: AA/KS/TL/NHAI/2020/4976 Dt. +2.10.2020 submitted the effect of variation in traffic growth having consideration of Force Majeure Pandemic COVID-19. 3, In this regard, the proposal submitted by Concessionaire as well as Tecommendation made by earlier Independent Engineer M/s. Aarvee associates, ‘Architects, Engineers and Consultants Pvt Ltd may please be examined as per Article 29 of Concession Agreement. Thanking you, Yours is eye qa (Shishu ) DGM (Tech) & Project Director Copy to/the Project Manager, M/s. Navayuga Udupi Tollway Pvt. Lid., Padubidri-for inforrydtion please.aarve: galore - Kerala bord associates chitects engineers & consultants pvt td ler NHDP Phase - il on DBFOT (Tol) basis Date: 12" October 2020 Our Ref. No, AA/KS/TL/NHAI/2020/4976 To, ‘The Project Director, National Highways Authority of India Project Implementation Unit - Mangalore Door No. 3-29, Bethel, Tharethota, Near Pumpwell (NH-66), Mangalore - 575005 Kind Attn: Mr. Shishu Mohan. Sub: Procurement, Construction, Operation and Maintenance of “Four Laning of Kundapur - Surathkal Section of NH - 17 from Km. 283+300 to Km. 358+080 (Section 1) and Mangalore - Kerala Border (Km. 375+300 to Km. 376+700 (i.e. Nantoor Circle to Mahaveer Circle) and Km. 3+700 to Km. 174200 (ie, Mahaveer Circle to Kerala Border) (Section 2) in the State of Karnataka" - (Package No. NHDP-IIl/BOT/KNT/04) Design, Engineering, Finance, - Effect of variation in Traffic Growth - Article 29 of the Concession Agreement. - Reg. 1) E-mail dated: 25.09.2020. 2) Our letter no. AA/KS/TL/2020/4960 dated: 28.09.2020. 3) NHAI letter no. 11045/2/2010/PIU(MngIr)/435 Dated: 03.10.2020 received on 06.10.2020. 4) Our letter no. AA/KS/TL/NHAI/2020/4969 Dated: 06.10.2020. 5) Concessionaire letter no. NUTPL/1233/SKR/3043 Dated: 06.10.2020. 6) NHAT PIU letter no. 11045/6/2011/PIU(Mnglr)/444 Dated: 06.10.2020. Dear Sir, “This has reference to Authority's letter no. 444 (6" cited), wherein while forwarding the Concessionaire's letter no. 3043, dated 6" October 2020 (ref: 5*) regarding the effect of variation in traffic growth for determining the modification to the Concession Period under Article 29, we were requested to examine th® above matter and offer our comments for taking further necessary action. In this regard, we submit as under: Project Ottice fos otice 1s per Article 29.1.1 of the Concession Agreement, the Authority and Concessionaire acknowledge that the traffic as on 01% June 2019 (Target Date) is‘estimated to be 24270 PCUs per day (Target Traffic) for the stretch and agree that for determining the modification to the Concession Period under Article 23, the actual traffic on the Target Date shall be derived by computing the average of the traffic as determined by traffic sampling to be undertaken, in accordance with Article 22.3 on the date that falls ‘one year prior to the Target Date, on the Target Date and on the first Anniversary of the Target Date (the Actual Traffic). The traffic sampling shall be undertaken for a continuous period of 7 (seven days) during specified herein and the average thereof shall bbe deemed to be the actual traffic. “The Authority provided the traffic data based on the traffic survey conducted by M/s Indian Highway Management Company Limited (IHMCL) for the period from 02.06.2018 to-08;06.2018 and from Maragete Racenrary Ui sean ortaed i) alana ReAMERISc os the sompling/survey has not been undertaken on the date that falls one year prior to the Taiget Date, on ee eta iors Hiro. 7-480, Bala) Layout, 44h Right Cross, Kannarpady, Kadeka - Post, Udupi - $76 103, Karnatane Tel 191-800.25@8956. Fax +91 890:2590594, e-mail IE1OJ6udipIADaaIvee net . favuie Residency, Srinagar Colony Mein Kc, Hyderabad - $00 O82, Inca. CIN U742001GeOSPTCo4s Fann eee eo 20-03 730 Miia pc esbvea@aat vernal, cecaeteeethe Target Date and on the fist Anniversary of the Target Date, No traffic survey data either with the Authority or-the Concessionaire for the above-mentioned period, ‘The Con: fubmitted the actual traffic data from the Toll plazas of the Project Highway for seven continon tortie Period between 16" May to 31" May for the years 2018, 2019 and 2020 for competing modification to the Concession Period as per Article 29 of Concession Agreement. The Cooe athena yenshed the above details on 06.10.2020 to the Authdrty, which was forwarded yy ‘Authority to IE for examining the effect of variation inthe traffic growth, the Concession Agreement, the modification in the Concessi Reried shall be effected in the event if Actual Trafic falls short or exceeds the Target Tratfe rin Para Tam fats short of the Target Traffic, then for every 1% (one percent) shortfall as comparco {rset Trac the Concession Period shal, subject to payment of Concession Fee in accordance cae {he Prenision of Concession Agreement, be increased by 1.5% thereof, provided that such increase Concession Period shall not exceed 20% of Concession Period. Further, i the Actual Traffic exceeds ‘Target Traffic, then for every 19 (one percent) excess as compared Period shall be reduced by 0.75% thereof, exceed 10% of Concession Period, the scordance with Clause 29.1.1, the actual traffic on the Target Date shall be derived by ‘computing fe average ofthe traffic for the year 2018, 2019 and 2020. Accordingly, Concessionaie vide hk lave. Peart? ( sted) submitted the actual trafic data from the Toll plazas for the period mentions below. In accordance with Clause 29.2 of 25.05.2018 to 31.05.2018 j 23.05.2019 to 29.05.2019 18.05.2020 to 24.05.2020 Modification of Concession Period as per Article 29 of CA i Traffic in POU Total 3 years { : Average Period Hejamadi | Talapady Average PCU| sesthon Tp | Helam aP=dY | yeary ath 25.05. ep ea ieee as aaa hae ‘Data submitted | { 2305. \ by ae 24597 (30755 22505 25952 20549 18.05.2020 re (Pars) 2020 to 24.05.2020 10338 13668 8954 10987 |Te traffic as. 1st June 2019 po per (POU) os per atte 29] w 1 [ota 3 years Average PCU/day 20549 i. [short Fa (Pu) Ee ) 3721 (x8) | [Short Fall (% traffic) ae. 15,33, | We Page 2 of 3{Original Concession Period ~ 25 years 9131 increase in Concession Perio (Inds) a5 per Ace 29.2] 4 yy lof CA (for every 1% decrease in traffic, CP to increase by arid Limited to 2c 5% subject to maximum of 20%) [a2 cays | 5 years 15.331 5. However, the first anniversary date falls in the COVIO affected period and the traffic reported in the Period which is 15 days prior to the first anniversary date, is impacted by the Pandemic COvIO-19 which has been declared as 9 non-political Force Majeure event and, the Competent Authority vi NHAI Policy No. 8.3.33/2020 dated 26" May 2020 issued guidelines on the relief measures to be extended to the BOT (Toll) Concessionaires on account of the impact of Covid-19 pandemic. 7 Circular and the Concession Agreement deal with the extension of Concession Period on account of drop of traffic due to the Force Majeure event. The Concessionaire is yet to submit his claim on this account as per the above circular. 6. Had COVID-19 not occurred, the traffic figures would have been higher. In the most probable scenario, there wouldn't have been any iricrease in the Concession Period, Based on the above facts and figures, we request the Authority to take a suitable decision in this regard. We trust you will find the above in order. Thanking and assuring you of our best services and attention at all times. Yours faithfully, nsepeeioc Aches Engineers & Consultants Pvt. Ltd., End: As above. Cc to: The Project Manager, M/s. Navayuga Udupi Tollway Pvt. Ltd.,-For your information, File. Page 3 of 3sredta wete usrart fro cers were ate teem wemersy National Highways Authority of India (Ministry of Road Transport and Highways) ‘SHS Wet 6, daeT-10, eA, 3E Reett-110075 6586, Sacor-10, Dora, New Doh 007 NHAU/Policy Guidetines /BOT (Tol) 2020 Policy No. 8.3.33/2020 dated 26!" May, 2020 (ecision taken by EC in its 422% Meeting vide Agenda No 42710 -Comp No. $507) Sub: Rellef Measures to the BOT (Toll) Concessionaires from the impact of COVID- 19 reg. smauant to Ministry of Road Transport & Highways Office Memorandum No. COvID. mancadinaP/JS(H)/2020 dated 18 May, 2020, nation - wide lock down beine declares by Prime Mare oss Zan March 2020 and accordingly NHA also suspended toll calection fg ine (aout) 29 £0 19% April 2020, representations given by Highways Operators Asecrorw on India {HOAD and NHBF and thereafter video conferencing held with there the following decisions have been made: '. Extension in Concession Period when it was directed by the Authority to suspend the Collection thereof due to COVID-19 from 26" March 2020 to 19" april 2020, Wer ncession Feriod shall be extended by a period, equal in length to the period during which the toll collection was suspended by NHAI. 'I. Extension in the Concession Period in the event of partial collection of Fee where the dally collection is ess than 90K (ninety per cent) ofthe Average Daly Fee ~he Concession Period shall be extended in proportion t8 the loss of Fee on a daily basis. {of et 25% (twenty-five per cent in collection of Fee as compared tothe average Daily Fee recat Avs shall entitle the Concessionaire to extension of one day in the tan ies Period, Average Daily Fee has been defined as under: cnn Grage Daily Fee” means the amount arrived at ater dividing the total Realisable Fee of the immediately preceding Accounting Year by 365 (three hundred ced y five), and increasing the result thereof by 5% (five per cent); Provided that the Average Daily Fee for any period prior to completion of the first ‘aegounting Year following COD shall be a simple average of the Fee colleres every day {Aging the Period between COD and the last day ofthe month preceding theaters which {he event requiring calculation hereof occurred, and in the event that the Fes payable by ade Ey the pegiatfic has not been realised for any reason, an assessment thereof shall Co ‘made by the Independent Engineer to form part ofthe Average Dally Fee for sere period; ereecancession Period in PPP contracts ending on or after 20” February 2020 shal be thotwaen tr cot les than three and not more than six months. The pevied of estes {between three and six months) may be decided based on the specie circumstances of the 852 and the period for which performance was affected by the force majeure events IIL Payment of Concession Fee/ Premium when It was directed by the Authority to non, {he collection thereof due to COVID-19 fram 26 March 2020 to 19 apea 2020: ee encessionaire shall be exempted from payment of Concession Fee. Since the Concession Agreement provides for extension of Concession Period: the im shallPe required to pay the Additional Concession Fees/premium during the extended peric {he Additional Concession Fee/ Premane {luring the extended period shall be caleniac. based on the provisions of Clause 26.7 of the Model Concession Agreement (AS per provision of 26.2.2 of the Model Concession Agreement, “The Premium payab this Apress 28:2-1 shall be deemed to be partar ve Concession Fee for the purposes ay this Agreement.) '¥. _Fayment of Concession Fee/ Premium In the event of partial collection of Fee where the daily collection is less than 90% (ninety peg Cent) of the Average Daily Fee. Coase, the Concessionaire is able to collect some User Fee, then the extension of the Goncession Period would take into account the portion of user fee collected and therefore, the [Concessionaire shall be required te Pay proportionate Additional Concessicn Cxeleremium with respect to the Fee calteceey by it. Further, it shall-pay Additicnet (ecession Fee/ premium during the extsndeg Period, which shall be calculated based wx the provisions of Clause 26.2 of the Moaet Concession Agreement V. Applicability of Circular: The Circular is applicable to all BOT (Toll) projects where the Concessfonaire and Authority have eso Into a Concession Agreement based ditterent el Concession Agreement. If provisions sy 4ee Concession Agreement are Germans of the Concession Agreement wn Policy Circular NHAI/Policy saalines/Concession Fee during “subsite of Force Majeure/2017 No 5-4.16/2017 dated, the 10" august 2017 shalt ne complied with. (S.K, Pately General Manager (Coord, ) To: (1) All Officers at HQ/ROS/PIUS/CMUS/site Offices. (i) Hind! Officer for Translation in Hindi, (68) Ubrary - for hosting the circular in library site, «p Navayuga Udupi Tollway Private Limited a Ref No; NUTPL/1233/SKR/3043 Date:06/10/2020 To, ‘The Project Director, National Highways Authority of India Project Implementation Unit, Door No.3-29, Bethel, Tharethota, Near Pumpwell (NH-66) Mangalore ~ 575005 Sub: Design, Engineering, Finance, Procurement, Construction, Operation, Maintenance Of “Four Laning Of Kundapur ~ Surathkal Section OF NH-17 From Kin 283+300 To 358+080(Section 1) and Mangalore-Kerala Border From Kin 375+300 To Km 376+700(i.e Nantur Circle To Mahaveer Circle) and Kmi 3+700 To 17+200 (Mahaveer Circle To Kerala Border) Package No.NDHP-IlI/BOT/KNT/04"- Effect Of Variations In Traffic Growth - Reg. Dear Sir, With reference to the subject cited above , Article 29 of the CA requires the variation of traffie on Target Date to be determined for determining the change in concession period. ‘The Target date as per CA is 1 June 2019.Hence the seven day average traffic that falls on one year before the target date and on the first anniversary of the target date is to be determined as per article 29 of CA. Accordingly the traffic sampling based on actual traffic at Toll Plazas has been determined and detailed as below: TOLL PLAZA ar TALAPADY TOLLPLAZA | TOLL PLAZA SN 0 eee MINS | Apsasritan | ar veianiavl AVERAGE Pcu count FROM. 10 Pcus CUS Pcus uring the preceding 15 days i‘ one year before Target Date__| 25-05-2018 | 31-05-2018 | _25,030 27,097 21,996 24,708 uring 15, days preceding Target 2 Date __| 23-05-2019 | 29.05-2019 30,755Navayuga Udupi Tollway Private Limited a During the aE preceding 415 days on the first anniversary | of Target | 3 | date | 18.05-2020 | 24-05-2020 |_10,338 13,668 8,594 10.8 “THREE VEARS AVERAGE PCU COUNT [205508 | ESTIMATED PCUs AS ON TARGET DATE as per Article 29 of CA 24,270 | DIFFERENCE IN PCUs COUNT 3,761 PERCENTAGE difference 15.50% | CONCESSION PERIOD as per CA 25 YEARS INCREASE IN CONCESSION PERIOD = 15.59% x 15= 23.25% (However, INCREASE IN CONCESSION ae SHALL NOT EXCEED 20% OF CONCESSION PERIOD AS PER CA-CLAUSE-29.2.1 60 Months | ‘As per the above tabulation, it is clear that the concessionaire is entitled to an increase in Concession Period by 20% of the original concession period of 25 years i.e ty 5 additional years upon payment of Concession fee as per Article 26 of CA( Rs.1/- per year) 2 Hence we shall pay the ailditional concession feevof Rs.5 for th® above increase of Concession Period as per Clause 29.2.1 upon your approval of the above request proposal. ‘Thanking You, Yours faithfully,) Ee = ee F= = 2 bate aa = = m= [= eelenl = BETS] we ee ETE) — =e = — oe Ce a oa aei fie! ii Ht f i ng wc a EL RRRBRRE jt i re = )Fea Pee EE fil Keele : EEA Aearte: aster asrart orferercor (eesay after ust arora sparen) * National Highways Authority of India > (Mia of Rood Tranapon & Highways) ay iftarwr refer yore Prefect irpamertton Un _ Marge Z are 9.20, er aie, ote (oe). 73002 Door No 325 “Bome Tarnow, Net Pumpwel MH 6), Margao 675002 i No.11045/6/2011/P1U (Mngtey/ Ah 4, 6" October, 2020 To ‘The Team Leader cum Sr. Highway Engineer, M/s. Aarvee Associates, Architects, Engineers and Consultants Pvt Ltd, 7-48Q, Balaji Layout, 4” Right Cross, Kannarpady, Kadekar ~Post, UDUPI 576 103 C Sub: Four Laning of Kundapur — Surathkal from Km. 283.300 to Km. 358,080 and Nantoor circle Katia Border fom kn. 375,300 to kn. 376.700 nd km. 3.70010 km 17.200 Sections o eect of Variation in Trafic Growth (Article 29 of cA) Ref: Letter no. NUTPL/1233/SKR/3043 Dt.06.10.2020 from M/s. Navayuga Udupi Tollway Pvt Ltd. Sir, Please find enclosed herewith a copy of above cited letter received from Concessionaire M/s. Navayuga Udupi Tollway Pvt.Ltd, regarding effect of Variation in Traffic Growth. 2 _Inthis regard, you are requested to examine the abave matter and offer your comments to this office at the earliest for taking further necessary action Thanking you, Yous uhiuly, 5 (Shishu DGM(T) & Project Director Encl As above Copy to: 1) The Regional Officer, NHAI RO. Bangalore: 2) The Project Manager, M/s. Navayuga Udupi Tollway Pvt. Ltd, PadubidriNavayuga Udupi Tollway Private Limited RSs Ref No: NUTPL/1233/SKR/3043 Date:06/ 10/2020 To, ‘The Pfoject Director, National Highways Authority of India Project Implementation Unit, Door No.3-29, Bethel, Tharethota, Near Pumpwell (NH-66) Mangalore ~ 575005 Sub: Design, Engineering, Finance, Pfocurement, Construction, Operation, Maintenance Of “Four Laning Of Kundapur ~ Surathkal Section OF NH-17 From Km 283+300 To 358+080(Section 1) and Mangalore-Kerala Border From Km 375+300 To Km 376+700(i.e Nantur Circle To Mahaveer Circle) and Km 3+700 To 17+200 (Mahaveer Circle To Kerala Border) Package No.NDHP-III/BOT/KNT/04"- Effect Of Variations In Traffic Growth - Reg. Dear Sir, With reference to the subject cited above , Article 29 of the CA requires the variation of traffic on Target Date to be determined for determining the change in concession The Target date as per CA is 1 June 2019.Hence the seven day average traffic that falls on one year before the target date and on the first anniversary of the target date is, to be determined as per article 29 of CA. Accordingly the traffic sampling based on actual traffic at Toll Plazas has been determined and detailed as below: | TOLL PLAZA roupuza | TOU PLAZA AVERAGE S.No DATE OF SAMPLING aT ATSASTHAN | ATHEIAMADI | raiAvapy | PCU COUNT FROM 70 Pus pous | ~ pus Daring he preceding an cones ree ret 1 | oa _| 25052018 | s1052018| 25010 | 27007 | 21,906 Burig 5 anys receing Target 2 | cate [23052019 |2905-2019| 24597 | _so7ss HEV 25.952 SS Rega. Otfice: No. 6:2-290/82/N/379 & 379)A, 2nd foo, Plot No 379,.Road Wo 10, ablee Wil, Hyderabal“SU76qS, naa Te: +91-40-2339 9990 91 Fax: +91-40-7595 7789. E-mallracd@navayuga com CIN: UASZO¢TG2O09PTCO66 139 1a bi : . < weer ss Pi:[| during the rest if . preceding 15 days on the first | anniversary | of Target 3 ate _ | 18-05-2020 | 24-05-2020 | __10,338 13,668 8,594 10,867 | ett THREE YEARS AVERAGE PCU COUNT | r ESTIMATED PCUs AS ON TARGET DATE as per Article 29 of CA 24,270 - DIFFERENCE IN PCUs COUNT 3,761 PERCENTAGE difference 15.50% CONCESSION PERIOD as per CA 25 VEARS TNCREASE IN CONCESSION PERIOD = 15.5% x 1.5= 23.25% (However, INCREASE IN CONCESSION PERIOD SHALL NOT EXCEED 20% OF CONCESSION PERIOD AS PER CA-CLAUSE-29.2.1) 60 Months, i As per the above tabulation, it is clear that the concessionaire is entitled to an increase in Concession Period by 20% of the original concession period of 25 years i.e by 5 additional years upon payment of Concession fee as per Article 26 of CA( Rs.1/- per year) Hence we shall pay the additional concession fee of Rs.S for the above increase of Concession Period as per Clause 29.2.1 upon your approval of the-above request proposal. ‘Thanking You, Yours faithfully, PRIVATE LTD., Associates, Udupi- for information ‘Regd, Oice: HNO. 8-2-292¥82/A/a Tel: +! loor, Plot No. 375 = t 45204TG2009PTC06« . . & ay:ma jac L é = a ¥ Teg [Tea na —| rea na | ea] fea.naieon | tai | — Ea 2 seu | sereinn | senayoe | marin | amiewn | oS | ico sednso| fant vou kd “SE avnTior ny SSSA feet tae fp T f : a : a : z rE Sa : eo | wana —| nema —| eae} oma} — oma ae moms Freeper ment mera 9 | weg | [PML ang a aad ON 203 aso | /3wa/won | ar/an| péersiey | ON | r ~ SELVA, S008 0. 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