No.

MSRDC/NSK/NH/PJB/PCOD/ /2023
Date:
OFFICE NOTE

Su : Rehabilitation and Up-gradation of Nandurbar (Near Kolde) - Praksha-

b Sahada-Khetia(SH-4&SH-5) State Highway from existing km 50+260 of SH-
5,(Kolde)to km 90+220 (Kolde)[Design km50+200 to km 98+800] to Two
lane with paved shoulders/4 lane in the State of Maharashtra on
Engineering, Procurement and Construction (EPC) Basis Contract.
Bid/Package No.: 11/Nsk/2019 Dted : 08.03.2019.
(Sanctioned Cost Rs.509.18 Cr.) (Amount put to tender Rs.392.29 Cr.)
Accepted Cost : Rs.298.11 Cr.)

Job No. NH-752G-MAH-2016-17-1138 Dated 21-02-2017

Reg : Recommendation to issue PCOD under Article -12 clause -12.2.

Ref : 1. Letter of Acceptance issued by MSRDC letter No.: NH-2019/02/DE-

7/C.R.No./ENGG/5929 dt.19.09.2019.
2. Date of Agreement dt.15.11. 2019.
3. MSRDC letter for Appointed Date No:
NH-2020/02/DE-7/C.R.No.:2 /Nsk/2019/ENGG/310, dtd.:
14.01.2020.
4. Work Order issued to M/s. Dhruv Consultancy vide CE(NH) MSRDC,
Mumbai letterNo.NH-2020/02/DE-7/F.No.AE-19-20/ ENGG /2331
dated 15.09.2017.
5. Contractor Letter No.HGIEL/2023-24/prakasha site/AE/PCOD/688
on dated 18.05.2023.
6. Authority Engineer, letter no
Dhruv/kolde-khetia/AE/Pkg-32/PCOD/2023/1165 on dated
27.06.2023.
7. Authority Engineer, letter no
Dhruv/kolde-khetia/AE/Pkg-32/PCOD/2023/1469 on dated
18.07.2023.
8. Contractor Letter No. HGIEL/2023-24/prakasha site/AE/PCOD/702
on dated 27.07.2023.
As per Govt. of India Gazette as on 03/01/2017 Rehabilitation and Up-gradation of
Nandurbar (Near Kolde) - Praksha-Sahada-Khetia(SH-4&SH-5) State Highway from existing
km 50+260 of SH-5,(Kolde)to km 90+220 (Kolde)[Design km50+200 to km 98+800] to Two lane
with paved shoulders/4 lane in the State of Maharashtra. Total length of this road is 48.60 km
& MORT&H has sanctioned for Rs.509.18 Cr. & Accepted Cost of this project is Rs. 298.11 Cr.
In this sanctioned estimate there is provision of Rehabilitation and Up-gradation to two lane
with paved shoulders with PQC surface.
This work is allotted to M/s.H.G.Infra Engineering Ltd,Jaipur vide LOA dated
19.09.2019 and Appointed Date letter by MSRDC vide letter No:
Page 1 of 9
NH-2020/02/DE-7/C.R.No.:1 /Nsk/ 2019/ENGG/310, dtd.: 14.01.2020, on EPC contract.
EPC contract Agreement registered dt.24.04.2017.
To supervise the subjected work as per MoRTH standards & specification, M/s. Dhruv
Consultancy Services Ltd. is appointed as Authority’s Engineer via ref. no.4.
EPC contractor has submitted the proposal for provisional commercial completion
operation date (PCOD) of subjected project vide letter under ref.no 5.
Authority’s Engineer has reviewed the proposal of issue PCOD under Article -12
clause-12.2. and following are Authority's Engineer observations vide ref.letter No.6.
1) The EPC Contractor has completed the work within the ROW and land made available to
them i.e. length 44.90 Km. And construction of remaining works which are balance due to
delay in land acquisition & encroachment, which is till date not handed over to the EPC
contractor.
2) Authority has approved extension of time (EOT-5) up to 31.01.2024, Proposal of revised
EOT -5 up to 31.01.2024 of EPC Contractor submitted to Authority Engineer and same has
been forwarded to Authority vide our letter no. 4072, dated 19.12.2022.
The contractor has achieved the updated milestones I, II, and III. as under.

Dates of Actual
Milestone As per revised Schedule-J
Achievement
Milestone-I 22.06.2018 24.03.2018
Milestone-II 19.11.2018 05.10.2018
Milestone-III 18.05.2019 31.03.2020
Scheduled Completion 26.07.2019 In Progress

3) The contractor has submitted ‘Test on Completion Reports’ of Project Highway as per
provisions in the Schedule K of the EPC Contract. The details of test carried out are given
as below:

Ref. Para of Schedule of

Name of Tests Proposed Agency
Schedule-k Tests
M/s.H.G.Infra
11.03.2023 to Engineering Ltd,Jaipur &
2.1 Visual & Physical Test
28.03.2023 Dhruv Consultancy
Services Ltd.
2.2 Network survey vehicle (NSV) 10.04.2023 Civil Tech, Nashik
20.04.2023 to
2.3 Safety Audit Civil Tech, Nashik
21.04.2023
2.4 Environmental Audit 23.03.2023 Civil Tech, Nashik
Tests for Bridges (NDT and
2.5 15.03.2023 Civil Tech, Nashik
USPV)
a Other Tests
Recto Reflect meter test report
b 15.03.2023 Civil Tech, Nashik
for sign boards

Page 2 of 9
 Ref. Para of Schedule of
Name of Tests Proposed Agency
Schedule-k Tests
Recto Reflect meter test report
c 29.04.2023 Civil Tech, Nashik
for road marking
d MIT dowel bar SCAN Test 15.03.2023 Civil Tech, Nashik

4) The aforesaid tests are carried out as per provisions in the article 12.1.1 of EPC Agreement.
The EPC contactor requested to the Authority’s Engineer for witnessing the tests on the
scheduled dates.
5) Finally contractor vide their letter reference 5, intimated that all tests were conducted as
per notified scheduled in conformity with para-2.1 of schedule-K in the presence of
Authority’s / Authority’ Engineers Representative and all test were found as per MoRTH
specification.
6) The Contractor also intimated that the road safety Audit was conducted by Civil Tech
Nashik on 20.04.2023 and its report was submitted by the contractor vide their letter no.
678 dated 03.05.2023.
7) The Contractor has carried out Environmental Audit through Civil Tech, Nashik on
23.03.2023 and the detailed report is submitted by the contractor vide their letter No.665,
Date : 03.03.2023.
8) The contractor vide their letter reference no. HGIEL/2022-23/Prakasha Site/AE/RA
Bill/667 on dated09.01.2023 has reported that they have carried out work amounting to
Rs.271.29Cr. i.e. 91.003 % of the contract value which satisfies 80 % provisions as per
Article 12.2.5 of the EPC Contract Agreement.
9) The Contractor has therefore requested to issue the provisional certificate under clause 12.2
of contract agreement for the following qualifying stretches.

Chainage
Qualifying
Description Lane
Length
From To

2 Lane 50.220 52.920 2.700

Lahan Shahada 4 Lane 52.920 53.350 0.580

2 Lane 53.350 59.820 6.470

2 Lane 60.165 60.637 0.472

2 Lane 62.270 67.300 5.030

2 Lane 67.960 68.300 0.340

Page 3 of 9
 Chainage
Qualifying
Description Lane
Length
Damarkheda 4 Lane 68.300 69.170 0.610

2 Lane 69.170 70.315 1.145

2 Lane 70.385 72.200 1.815

Lambola 4 Lane 72.200 72.900 0.700

2 Lane 72.900 74.180 1.280

Manrad 4 Lane 74.180 74.580 0.400

2 Lane 74.580 75.820 1.240

Shahada 4 Lane 75.820 77.600 1.780

2 Lane 77.600 82.000 4.400

Lonkheda 4 Lane 82.000 82.900 0.900

2 Lane 82.900 86.072 3.172

2 Lane 86.145 87.200 1.055

2 Lane 88.030 89.520 1.490

Brahmanpuri 2 Lane 89.520 90.280 0.760

2 Lane 90.280 94.932 4.652

Rai khed 4 Lane 95.090 95.490 0.420

2 Lane 95.490 98.150 2.660

Khed-digar 4 Lane 98.150 98.740 0.590

2 Lane 98.740 98.830 0.090

Total Qualifying Length 44.811 Km

Page 4 of 9
10) The related Clauses of Contract Agreement for issue of PCOD are reproduced as under:
10.1. Clause 2.1 (a)- Scope of the Project-
Construction of the Project Highway on the site Set forth the in Schedule A and as specified
in Schedule - B together with provision of Project Facilities as specified in Schedule C, and
in conformity with specifications and Standards set forth in Schedule- "D".
10.2. Clause 12.4- Completion Certificate -
Clause 12.4.1: Upon completion of all Works, including the items specified in the Punch
List, and the Authority's Engineer determining the Tests to be successful, it shall forthwith
issue to the Contractor and the Authority a certificate substantially in the form set forth in
Schedule-L (the "Completion Certificate").

Clause 12.4.2:
Upon receiving the Completion Certificate, the Contractor shall remove its equipment,
materials, debris and temporary works from the Site within a period of 30 (thirty) clays
thereof, failing which the Authority may remove or cause to be removed, such equipment,
materials debris and temporary works and recover from the Contractor and amount equal
to 120% (one hundred and twenty per cent) of the actual cost of removal incurred by the
Authority.
10.3. Clause 12.1.1-Tests on Completion -
At least 30(Thirty) days prior to the likely completion of the Project Highway, or a section
thereof, the Contractor shall notify the Authority's Engineer of its intent to subject the
Project Highway or a Section thereof, to Tests. The date and time of each of the Tests shall
be determined by the Authority's Engineer in consultation with the Contractor, and
notified to the Authority who may designated its representative to witness the Tests.
10.4. Clause 12.2 -Provisional Certificate -
Clause 12.2.1: Subject to the provisions of Clause 12.2.5, upon completion of all Works
forming part of the Project Highway, save and except the works for which line Extension
has been granted under Clause 10.5, the Authority's Engineer shall, at the request of the
Contractor, issue a provisional certificate of completion substantially in the form set forth
in Schedule-L (the "Provisional Certificate") if the Tests for and in respect of the completed.
The Provisional Certificate shall have appended a list of outstanding items of work (the "
Punch List") that need to be completed in accordance with the provisions of this
Agreement The Contractor undertakes to complete the minor outstanding items of works
in respect of those Sections of the Project Highway for which the Provisional Certificate has
Page 5 of 9
 been issued, within a period of 30 (thirty) days of the date of Provisional certificate has
been issued, and those parts of the Works in respect of which time Extension has been
granted, within the extended period thereof. for the avoidance of doubt, the parties agree
that the Punch List shall include all Works for which Time Extension has been granted and
shall also include any minor outstanding items of wok forming part of the completed
sections of such works do not materially affect the use of the completed Sections for their
intended purpose. The Parties further agree that Provisional Certificate shall not be issued
if the completed. Works cannot be safely and reliably placed in service or the users thereof.
10.5. Clause 12.2.5:
No Provisional Certificate shall be issued under the provisions of this clause 12.2 until the
Contractor has submitted valid claims for payment of al least 80% (eighty percent) of the
amount arrived at after reducing the lump sum price specified in Clause 19.1.1 by the
amount attributable to works which have been withdrawn under the provisions of Clause
8.3.3. For the avoidance of doubt and by way of illustrations, the Parties agree that if the
Contract Price specified in Clause 19.11 is Rs. 105 Cr. (Rs. one hundred and five crore) and
the works withdrawn under Clause 8.3.3 have a value of Rs. 5Cr. (Rs five crore), a
Provisional Certificate shall not be issued until valid claims for payment of an amount of
Rs 80cr (Rs. Eighty Crore) have been submitted by the Contractor in accordance with the
provisions of this Agreement. It is further agreed that all price adjustments made in
pursuance of Clause 19.10 shall not be reckoned for computations of the claims for
payments referred to in this Clause 12.2.5.
11) The Contractor has completed two-laning of 38.74 Km length with paved shoulder. Four
laning of 6.07 Km with paved shoulder. The comparative statement of the completed works
with respect to schedule B&C of the contract agreement is given as Appendix-VII.
12) The Tests required as per Schedule -K of the Contract Agreement have been conducted and
witness by the representative of Contractor and Authority's Engineer and found as per the
specifications and standards as has been deliberated in the following Para. Details of the
tests conducted thereupon in accordance with Article 12, Clause 12.1, sub clause 12.1.2
Tests (Schedule -K) of the Contract Agreement. are as follows
12.1. Visual and Physical Test :
The representative of AE and Contractor have carried out the visual and physical check of
the Project Highway and all work and equipment except the items mentioned in Annexure-
A were found conforming the provisions of the Contract Agreement. The results of tests
are enclosed at Appendix -II, Annexure-I
12.2. Riding Quality Test :

Page 6 of 9
 Riding Quality Test of each lane of the carriageway was jointly conducted by the
representative of PWD, AE and the Contractor with Network survey vehicle (NSV) The
unevenness index of the pavement was found to be within Allowable Tolerance limit (ie
2000mm/Km). Roughness index at some location near CD work & minor bridge at
km.116+335 is more than 2200 & as per result of FWD, joint capacity and flexural strength
of PQC panel at km.106+250, 110+000, 117+500, 124+000, 127+250 is less than 95% & 45
Mpa. The results of the Network survey vehicle (NSV) test report are enclosed at Appendix
- II, Annexure-II
12.3. Test for bridges :
All new bridges at different locations were tested for Ultrasonic Pulse Velocity Test and
Rebound Hammer Test by the Third Party "M/s Civil-Tech Scientific Corporation (NABL
approved Lab) in the presence of the representatives of Authority's Engineer and the
Contractor in accordance with the procedure described in Special Report No. 17: 1996 of
the IRC Highway Research Board on Non-destructive Testing Techniques at two spots in
every span chosen randomly by the AE, the results were found to be complying with
standard design requirements. The test results are enclosed at Appendix - II, Annexure-III.
12.4. Environmental Audit:
Environmental Audit was carried out by the Contractor through M/s Civil-Tech on 23th
Mar. 2023 and the report is enclosed at Appendix - II, Annexure - V.
12.5. Safety Audit :
The Safety Audit of the Project Highway have been under taken on 20th Feb 2023 by M/s
Civil-Tech, Nashik. They have submitted their final report. In his report by the Safety
Consultant stated that" After going through the compliance report submitted by the
contractor wide his letter no.665 on dated 03.03.2023. The Final safety Report is enclosed at
Appendix - II, Annexure - VI.
13) Balance works (Punch list): The Appendix-1 (containing Punch List A) The Contractor has
prepared punch list "A" containing minor outstanding works which are to be completed by
the contractor within 30 days to the Authority in accordance with clause 12.2.1 of the
contract agreement and jointly verified by the Authority's / Authority's Engineers
Representative.

14) Change of Scope: Change of scope proposals

Page 7 of 9
1.CoS 1 for the project has been recommended by AE vide letter no.
Dhruv/Kolde-Khetia/RE/HPC/12 dated 30.11.2017 for reconstruction of 26nos. of HPC
instead of widening, 26 new HPC and reconstruction of HP culvert instead of widening
amounting Rs. 59,32,885/-. The same proposal was approved by RO vide letter no.
RO/MUM/P-1138/2016-17/5674 on dated 25.11.2019.

2.CoS 2 Repairs to the Bridge on Tapi River near Prakasha Village at Km. 61+328 letter no.
Dhruv/Kolde-Khetia/Maintenance/29 dated 27.12.2017 said COS was initiated for smooth
plying of traffic on bridge carriage way of amounting Rs. 51,66,000/-

3.CoS 3 Four lane carriageway of 2805 meter as per site requirement letter no. Dhruv/Kolde-
Khetia/AE/424A dated 26.02.2020 said COS was initiated between the length

1.Damarkheda to Toll Plaza-1.215km in length

2. Lonkheda to College Gate-1.000km in length

3.Khed Digar-0.590km in length of amounting Rs.14,96,62,475/- The same proposal

was approved by RO vide letter no. RO/MUM/P-1138/2016-17/1927 on dated 07.07.2020.

4. CoS 4 Four lane carriageway for Prakasha village as per site requirement for the Ch.64+000
to Ch.64+700 vide letter no. Dhruv/Kolde-Khetia/AE/4 Lane/Prakasha/514 on dated
12.04.2021 of amounting Rs. 4,17,00,000/-.

As per EPC agreement, the EPC contractor is liable to repair any defects found in
project in maintenance period of 10 years after the issuance of Final Completion Certificate.

15) All tests shall be conducted in accordance with Schedule-K. The Authority's Engineer shall
either conduct or observe, monitor and review the Tests conducted by the contractor, as the
case may be, and review the results of the tests to determine compliance of the project
highway or a section thereof, with Specifications and Standards and if it is reasonably
anticipated or determined by the Authority's Engineer during the course of any Test that
the performance of the Project Highway of Section or any part thereof, does not meet the
Specification and standards, it shall have the right to suspend or delay such test and
require the Contractor to remedy and rectify the defect or deficiencies. Upon completion of
each test, the Authority's Engineer shall provide to the contractor and the Authority copies
of all test data including detailed test results. For the avoidance of doubt, it is expressly
agreed that the Authority's Engineer may require the contractor to carry out or cause to be
carried out additional tests, in accordance with good industry practice, for determining the
compliance of the project highway of Section thereof with the Specifications and Standards.

16) In view of above, Authority's Engineer hereby propose/recommends to issue" Provisional

Completion Certificate "for the work of Kolde to Khetia (Design Chainage Km 50+200 to
Km 98+800) section of NH-752G. (Total Length 48.600 Km) except design ch. from 59+820
to 60+165,from 60+637 to 62+270, from 67+300 to 67+940, from 70+315 to 70+385 & from
Page 8 of 9
 87+200 to 88+036 (i.e. 3.524 Km) to the contractor w.e.f. 27.06.2023 under clause 12.2.1 of the
Contract Agreement in the form set forth in schedule-L.
Draft provisional certificate is attached herewith for your perusal & Approval.

Authority’s Engineer mentioned that above, EPC Contractor has carried out all test
required as per Schedule K successfully and satisfactorily. Hence now the subjected project can
Legally, Safely & Reliably placed in commercial operation. In view of result of above test and
information submitted by EPC contractor the Authority’s Engineer recommended subjected
project for issuance of PCOD under Article -12 clause -12.2.

We have reviewed proposal submitted by Authority’s Engineer and found in order.

Hence proposal of permission for issuance of issue PCOD under Article -12 clause -12.2 is
submitted herewith for approval of Competent Authority.

Encl :- 1) Ref.letter No.5& 6

2) Proposal of PCOD with Punch list A&B ( D.B.Wankhede )
Deputy Engineer(NH)
MSRDC (Ltd.),
Camp Office, Nashik

E.E. (D.S.P)

S.E. (V.D.A)

C.E (P.S.A.)

Page 9 of 9