HIGHWAY ENGINEERING CONSULTANT
In Association With
Project Management consultants Structural & infra Development Designers
HECCE/PKg.38/MSRDC/HW Date:- 20.08.2021
To
The executive Engineer (DDB)
MSRDC. Camp office,Pune-o1
Project :- Rehabilitation and Upgradation of Ahmednagar- Baramati- Phaltan( Old SH-60, Old SH-
157 & Old SH 152) NH -160 - Section Ahmednagar Kinetic Chowk to Vasunde phata, From
Km. 0+000 to Km.93+800 to Two Lane with Paved Shoulders /Four Lane Configuration in
The State of Maharashtra on EPC Mode.
Sub :- Issuance of Provisional certificate under Article – 12, Clause 12.2 of Contract agreement
Ref :- 1) Contractor’s letter No. DRALPL/ ANG-BMT / HEC/2238 dt. 15-03-2021
2) Our office letter No.HECCE/Pkg. 38/ HW/481dt. 16-04-2018
3) Contractor’s letter No. DRALPL/ ANG-BMT / HEC/2500 dt.09-07-2021
4) R.O MORTH, Navi Mumbai No. RO/MUM/P- 108/2017-18/431 dt. 09-07-2021
Dear Sir,
EPC contractor vide his letter under reference (3) has initiated his intention to
complete the Project highway in the available ROW i.e in the length of 88.88 Km out of total
length 93.8 Km as per clause 12.1 of the contract Agreement .As ROW of length 4.92 Km as
mention below in following stretches is not available to contractor due to land acquisition
including approaches of two ROBs one at Ch. 46/050, therefore contractor is unable to
complete the work within these stretches.
S.no Stretch Total length in km Remark
of ROW
1 2+700 to 3+600 0.900 ROB at ch. 3+114 including EW of approaches to
be constructed by rail. Deptt. Work not yet
started by railway.
2 36+200 to 36+600 0.400 Land acquisition in complete 3D notification
published
3 45+580 to 47+ 100 1.520 Construction of ROB at.46/050 not yet started
due to 400 m length land acquisition in
complete so approaches also could not be
talked. COS proposal of ROB in also in
processes.
4 82+170 to 83 +320 1.150 Land acquisition in complete 3D notification
published.
5 90+ 790 to 91+ 0.950 Land acquisition in complete 3D notification
740 published.
2. The salient features of the project are as under.:
i. Project length as per C.A – 93.8 kms
ii. Contract price-- 522.85 CR
iii. Singing of C.A –02-05-2017
iv. Appointed date -- 02-08-2017
v. Construction period --730 days
vi. Schedule completion date –01-08- 2019
vii. EOT (4th)—Approval up to 31-10-2021 by R.O
viii. Length of project highway for which provisional Certificate is requested –85.57Km.
3. Status of project as on 31-07-2021
i. Total length of project –93.8 Km
ii. Affected length where it is not possible to work due to non.handing over ROW due to LA2,
ROB etc. -- 4.92 Km
Iii. Length where work is in progress (handing over recently)—3.41 Km
Iv. Physical progress length completed –85.57 Km
v. Physical progress ( Length completed)% -91.22%
vi. Financial progress (Expenditure till july 2021) –414.19 Cr (79.21%)
vii. COS financial progress out of 23.47 Cr. –16.78 Cr (71.49%)
viii. Cost of project excluding affected length & ROB ( Approx.) –477.12 Cr.
Ix . Financial progress as compared to cost of project excluding cost for affected length of ROB
---86.81%.
4. Contractor has achieved stipulated milestones I, II, III, & IV as per schedule –J of the contract
agreement as per following details-
Milestone Proposed dates as per Dates of actual Remarks
Schedule –‘J’ Achievement
Milestone I 21-01-2018 31-03-2018 Milestone Achieved
Milestone II 01-08-2018 30-09-2018 Milestone Achieved
Milestone III 02-02- 2019 10-08-2019 Milestone Achieved
Milestone IV 01-08-2019 In progress Milestone Achieved
5. As per schedule ‘ K’ of the Contract Agreement contractor has conducted requisite test as detailed
below.
Sr. No. Ref. para Name of Tests Date of Test Proposed Agency
of
schedule
‘K’
1 2.1 Visual & Physical Test 10-07-2021 Authority Engineers
2 2.2 Riding Quality Test (RI) 06-05-2021 SRI Infotech
3 2.3 Test for Bridges UPI & 22-02-2021 M/s Geo Tech Services
Rebound Hammer Test pvt.Ltd
4 Load test on Major 22-02-2021 Balaji Test House
Bridge
5 2.6 Environmental Audit 10-03-2021 M/s Nakshatra Enviro
report Services
6 Safety Audit Report 22-06-2021 Translink Infrastructure
Consultant Pvt Ltd.
7 Manufacturer’s test 02-02-2021 3M (India) Limited
certificate for Signage
Boards
8 NSV Survey 06-05-2021 SRI Infotech
9 Videography of 25-07-2021 Shah Colour LAB
completed road section
Contractor had requested the Authority’s Engineer for witnessing the above –mentioned tests on the
scheduled dates with copy to the Executive Engineer MSRDC, Pune. All the tests, were conducted
Notified Schedule in continuity with para 2.1 of schedule ‘K’ in the presence of Authority / Authority’s
Engineers representatives and all tests were found successful.
6. On the date i.e. 09-07-2021 of demand of Provisional Completion Certificate contractor has
completed the work amounting to Rs. 414.19 CR i.e. 86.81% of the proposants contract price of the
available work front.
7. The contractor has therefore requested to issue the provisional certificate under clause 12.2 of
contract agreement for the following qualifying stretches.
S.No. Chainage Qualifying Status Remarks
length KM
From To
1 0+000 2+700 2.700 Complete
Stretch
2 3+ 600 24+980 21.380 Complete
Stretch
3 25+680 36+200 10.520 Complete
Stretch
4 36+600 45+580 8.980 Complete
Stretch
5 47+100 79+280 32.180 Complete
Stretch
6 80+070 80+980 0.910 Complete
Stretch
7 83+320 88+180 4.860 Complete
Stretch
8 88+180 88+810 0.630 Complete
Stretch
9 91+740 93+800 2.060 Complete
Stretch
Total Length 85.570
The details Of sections of project highway where work could not be taken up for non-handing
Over of ROW due to various reasons of Land acquisition/Forest clearance/ hindrances /
Encroachments etc. sums Up to 8.2 KM as maintained below.
S. No. Stretches not Total affected Reasons for non- availability of
available length in KM stretch.
1 2+700 to 3+700 0.900 Due to proposed ROB at Ch.3+114
and its approaches to be
constructed by Railways.
2 24+980 to 25+680 0.700 Wild life section. Clearance from
forest was pending since long.
Finally, clearance received from
forest on dt. 12.03.2021
3 36+200 to 36+600 0.400 Land is not available in RHS due to
resistance by land owner. LA 3D
notification published on
01-09-2020
4 45+580 to 47+100 1.520 Land is not available in 400 mtr
(ROB realignment) affecting the work of ROB at
Ch.46+050& also work of ROB
approaches in a length of 1.52 KM
LA 3D notification published.
5 79+280 to 80+ 070 0.790 Clearance from forest was
pending since long. Finally.
Clearance received from forest on
dt 09-03-2021. Now work in
progress
6 80+980 to 82+170 1.190 Clearance from forest was
pending since long. Finally,
Clerance received from forest on
dt. 09-03-2021. Now work in
progress
7 82+170 to 83+320 1.150 Land is not available LA 3D
notification published on
19-01-2021
8 88+180 to 88+ 810 0.630 Clearance from forest was
pending since long. Finally
clearance received from forest on
dt. 09-03-2021.Now work in
progress.
9 90+790 to 91+740 0.950 Land is not available. LA 3D
notification published on 19-01-
2021
Total 8.230
8. The related Clauses of Contract Agreement for issue of Provisional Completion Certificate are
Reproduced as under:
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 specification and standards set forth in Schedule-“D”.
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 he successful, it shall forthwith issue to the Contractor
and the Authority a certificate substantially in the form set forth in Schedule-1 (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.
Clause 12.1.1 – Tests on Completion
At least 30 (Thirty) days prior to the likely completion of the Project Highway, or a section there of the
Contractor shall notify the Authority's Engineer of its intent to subject the Project Highway or 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 ma designated its representative
To Witness the Tests.
Clause12.2-ProvisionalCertificate
Clause 12.2.1: Subject to the provisions of Clause 1.2.2.5, 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
I 0.5, 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.
Works are successful. The Provisional Certificate shall have appended thereto 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 been issued, within a
period of 30 (thirty) clays 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 he issued if the
completed. Works cannot be safely and reliably placed in service or the users there of.
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 at 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 19.1.1 is Rs 105 Cr.
(Rs. one hundred and five crore) and the works withdrawn under Clause 8.3.3 have a value of Rs. 5 Cr.
(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 72.2.5.
9. The Contractor has completed 85.57 Km length with paved shoulder except the works which could
not be completed due to land acquisition. The Comparative statement of the completed works with
respect to schedule B & C of the contract Agreement is given as Appendix-III.
10. The Tests required as per Schedule -K of the Contract Agreement have been conducted and witness
by the representative of Contractor, Authority and Authority's Engineer and found meeting 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:
10.1 Visual and Physical Test:
The representative of MSRDC. AE and Contractor have carried out the visual and physical check of the
Project Highway and all work and equipment, were found conforming the provisions of the Contract
Agreement. The results of test are enclosed at Appendix -II, Annexure – 1
10.2 Riding Quality Test:
Riding Quality Test of each lane of the carriageway was jointly conducted by the representative of
MSRDC, AE and the Contractor with Bump Integrator /NSV survey. The unevenness index of the
pavement was found to be within allowable tolerance limit (ie. 2200mm/Km). The result of the Bump
indicator test is enclosed at Appendix II. Annexure -11.
10.3. Structural 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 Geo Tech Services Pvt. Ltd. in the presence of the representatives
of Authority's Engineer, MSRDC 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.
10.4. Environmental Audit:
The Authority's Engineer has carried out the Environmental Audit on 16th February 2021 of Project
Highway. The Environmental Audit report is attached as Appendix -IV.
10.5. Safety Audit:
The Safety Audit of the Project Highway have been under taken on 21 June 2021 by safety consultant.
They have Submitted their report on 02nd July 2021. In his report by the Safety Auditor stated in
conclusion that "we are of the opinion that the Project Highway shall be reliably placed in the
commercial operations.
Observation of Safety Consultant are compiled by contractor has mentioned as under.
SI No. Observations from Safety Consultants Compliance by Contractor
1 From Km 70+000 to endpoint. Road Markings as per IRC 35 Installation of Sign Boards has
already completed but the installation of signboards is in been completed in this reach.
progress:
2 Pedestrian crossing marking found at site but in the plan as Pedestrian Crossing signs boards
well as in site on project road pedestrian crossings signs has been installed.
not installed ( Fig.1533 of IRC 67- 2012).
3 Provide the Transverse bar Marking on minor roads as per Transverse Bar Marks have been
IRC specification and standard. provided on Minor Roads.
4 The transition from 2-lane to 4- lane & Vice-versa. Start and These sign boards are installed at
end of dual carriage way signboard were missing as per Fig relevant locations.
15.30 & Fig.15.31 of IRC 67- 2012.
5 W- beam crash barrier already provided as per the IRC End treatment to W-Beam Crash
specifications , but the end treatment and placement shall Barrier has been provided.
be as per as per Fig9.13 & Fig9.14 Of IRC: SP: 73-2015.
6 Hazard markers signs and head wall painting on all Hazard Markers has been
structures was found in good practice, however at certain provided at missing locations
locations signs were missing or damaged. and damaged Hazard Markers
have been replaced.
7 Speed Reduction measures are to be provided at school as Speed reduction measures have
per the IRC Specifications. been provided at School
locations.
8 Two way Hazard marker with pass either sign on physical Two-way Hazard markers have
island at Bus Bay locations, Truck Lay Bye as per Fig 12.1 & been installed at island of Bus
Fig 12.2 of IRG: SP: 73-2015. Bay and Truck Lay Bye locations.
9 Place information and two-way Hazard Marker signboards Place information signboards
will provide at require locations as per IRC specifications. have been installed and two-way
hazard markers at required
locations have been installed.
However, contractor has given undertaking that any outstanding issue as brought to our notice will be
promptly attended Safety Audit report is enclosed at Appendix-V,
11. Balance works (Punch list): The Appendix-l (containing Punch List A & The B )- The Authority's
Engineers and Contractor has prepared punch list "A" containing minor outstanding works which are to
be completed by the contractor within 30 days and also prepared punch list "B" containing those items
which could not be completed due to reasons attributable 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.
12. Change of Scope
a) Until 04-03-2020 total 11 Nose COS estimate have been approved by RO, office Mumbai amounting
to Rs. 23.47 Cr. out of which Rs. 16. 78 Cr payment has been made till date.
b) Further more Authority Engineer has submitted 8 No of COS estimates to Authority vide letter no.
HECCE Pkg 38 MSRDC/HW/ 479 amounting to Rs. 70 Cr which further submitted by MSRDC to R.O. office
for sanction. Approval is pending.
c) Contractor has submitted one mote COS proposal for construction of ROB at Ch. 46/050 increase in
length from 36.0 m length to 80.5 m for an additional cod of Rs 10.76 Cr. Which is in process by
Authority Engineer.
13. Thus, the Contractor has fulfilled all the required contractual obligations, in the stretches where land
is made available by the Authority and subsequently on conducting Tests as per Schedule-K. the
completed stretch, found meetings specifications and standards. The completed length of the project
highway can be safely and reliably placed in commercial operation.
14 .In view of above, Authority's Engineer hereby propose/recommends to issue "Provisional
Certificate" for completed 85.57 Km. Project length to the contractor w.e.f. 20-08-2021 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.
Thanking you
Your faithfully.
Team Leader-
Authority's Engineer
HEC in Association with Creation Engineers
AUTHORISED SIGNATORY
Copy to:-
i. The Chief Engineer, MSRDC, Mumbai
ii. The Regional officer, MORT&H. Kokan Bhavan, Navi Mumbai
iii The Superintending Engineer, MSRDC, Camp office. Pune
IV. DRAIPL. Site office, Ahmednagar
Enclosures:
1. Appendix-1 :Punch List Part "A" & "B"
2. Appendix-II :Test as per Schedule K
a. Annexure-1 :Visual & Physical Test
b. Annexure-II :Riding Quality Test
c. Annexure-III : Non-Destructive Structural Test for bridge
3. Appendix-III :Comparative Statement of Schedule- B & C (Project On-Going
4. Appendix-IV :Environmental Audit Report
5. Appendix-V :Safety Audit Report
6. Appendix-VI :Videography
7. Appendix VIII : NSV
PROVISIONAL CERTIFICATE
1 I, Highway Engineering Consultant in Association with Creation Engineers ( Name of the Authority’s
Engineer). Acting as the Authority’s Engineer. Under and in accordance with the Agreement dated 02nd
August 2017 (the “Agreement “), for the Rehabilitation and Upgradation of Ahmednagar –Baramati-
Plaltan- (old SH-60, Old SH -157& Old SH-152) NH-160 –Section Ahmednagar Kinetic Chowk to Vasunde
phata, from Km. 0+000 to Km. 93+800 to Two Lane with paved Shoulder/ four Lane Configuration in the
State Of Maharashtra EPC Mode.’ Package -06)- “ ( The “Project Highway’’)on Engineering Procurement
and Construction (EPC) basis through M/S Dineshchandra R. Agrawal Infracon PVt. Ltd. ( Name of
Contractor) , hereby certify that the Test in accordance with Article 12 of the Agreement.
2 Works that are incomplete on account of Time Extension have been specified in the punch List
appended hereto, and the Contractor has agreed and accepted that it shall complete all such works in
the time and manner set forth in the Agreement. In addition, certain minor works are incomplete and
these are not likely to cause material inconvenience to the Users of the Project Highway or affect their
safety. The Contractor has agreed and accepted that as a condition of this Provisional Certificate, it shall
complete such minor works within 30(thirty) days hereof. These minors works have also been specified
in the aforesaid Punch List.
3. In view of the foregoing I am satisfied that the Project Highway from Km 0+000 to Km 2+700 Length
Km 2.700. Km 3-600 to Km 24-980 Length Km 21.380. Km 25-680 to Km 36-200 Length Km 10.520. Km
36-200 to Km 36-600 Length Km 0.200, Km 36-600 to Km 45-580 Length Km 8.980, Km 47-100 to Km
79+280 Length Km 32.180, Km 80-070 to Km 80+980 Length Km 0.910, Km 83-320 to 88+180 Length Km
4.860, Km 88-180 to Km 88+810 Length Km 0.630. Km 88+810 to Km 90-790 Length Km 1.980. Km 91-
740 to Km 93-800 Length Km 2.060.Can be safely and reliably placed in service of the Users thereof, and
in terms of the Agreement the Project Highway is hereby provisionally declared fit for entry into
operation on this the………………
ACCEPTED, SIGNED,SEALED SIGNED, SEALED
AND AND DELIVERED DELIVERED
For and on behalf of for and on behalf of Authority’s Engineer
M/s Dineshchandra R. Agrawal Infracon Pvt Ltd. HEC in Association with
Creation Engineers
(………………………………………………………………..) (…………………………………………)
AUTHORISED SIGNATORY AUTHORISED SIGNATORY
