EOT KC-06C (Extention of Time)

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Subject: Kachhi Canal Project Contract KC – 06C Extension of Time 1. Brief History Contract No-Kc-06C (RD 1005 to RD 1166 Remaining Structures of Main Canal and Earth work, Lining and structures of Distribution System) was awarded to M/s SMADB – Shah Rukh (JV) at a bid cost of Rs. 2766.956 Million. The date of Commencement of contract was 30-08- 2007 with stipulated date of completion as 31-12-2008. Due to adverse law and order situation and non clearance of entire site by FC, the Extension of Time of 1642 days From 01-01-2009 to 30-06-2013 was granted by the Authority in its meeting dated 25-03- 2013. The up-to-dated progress of the contract is 47%. The work remained suspended due to the following reasons and contractor has applied for extension of time up to 31-12-2014. 2. Reasons of Delay i. Delay in Deployment of Frontier Corps for Security at Site The Contractor has claimed that the work under contract KC-06C fall in the area of Dera Bugti that has become major security hazard area. The contractor has claimed 4½ months (134 days) on account of delay in deployment of F.C by WAPDA for the protection of his labour. Engineer’s Assessment Page 1 of 6

description

An equipment cost claim

Transcript of EOT KC-06C (Extention of Time)

Page 1: EOT KC-06C (Extention of Time)

Subject: Kachhi Canal Project Contract KC – 06C Extension of Time

1. Brief History

Contract No-Kc-06C (RD 1005 to RD 1166 Remaining Structures of Main Canal and Earth

work, Lining and structures of Distribution System) was awarded to M/s SMADB – Shah

Rukh (JV) at a bid cost of Rs. 2766.956 Million. The date of Commencement of contract

was 30-08-2007 with stipulated date of completion as 31-12-2008.

Due to adverse law and order situation and non clearance of entire site by FC, the

Extension of Time of 1642 days From 01-01-2009 to 30-06-2013 was granted by the

Authority in its meeting dated 25-03-2013. The up-to-dated progress of the contract is 47%.

The work remained suspended due to the following reasons and contractor has applied

for extension of time up to 31-12-2014.

2. Reasons of Delay

i. Delay in Deployment of Frontier Corps for Security at Site

The Contractor has claimed that the work under contract KC-06C fall in the area of Dera

Bugti that has become major security hazard area. The contractor has claimed 4½ months

(134 days) on account of delay in deployment of F.C by WAPDA for the protection of his

labour.

Engineer’s Assessment

Period of Delay claimed by the contractor has been thoroughly examined in the light of

ground realities and it has been observed that delay period belongs to the year 2007 and

has no relation to the current period of execution (01-01-2009 to 30-06-2013). Therefore no

extension of time has been considered by the “Engineer” on this account.

ii. Working Time Constraints

The contractor has claimed that due to security reasons F.C restricted the working hours

and allowed to work 06 hours per day instead of 08 hours and totally did not allow to work

in night Shifts. Total time lost- from 16-11-2007 to 30-04-2010 is 495 days.

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Engineer’s Assessment

On the basis of ground realities including Frequent interruption in the working area, no

extension on this account is recommended by the “Engineer” because 448 days were

already considered by WAPDA in the previous extension.

iii. Security Problems, Non-Handing over of Complete Site and Bomb blast at Main office Kashmore

The contractor has requested for EOT of 8 months on account of security problems as well

as non handing over of comply site and Bomb blast at Main office of contractor (Kashmore).

Engineer’s Assessment

In the previous EOT, 143 days was considered by WAPDA therefore no extension has

been considered by the “Engineer” on this account.

iv. Delay in payment and Suspension of works under Clause 69.4 of COC

The contractor has claimed 30 months (900 days) extension for delay in payment and

Suspension of works. Due to security problems and non availability of funds the Employer

was failed to make the payment in time contractor is of the view that WAPDA have not full

filled the contract requirements of the work. Due to above work was suspended from 30-06-

2010 to 30-06-2-13.

Engineer Assessment

The work on KC-06C remained suspended from 30-06-2010 till to date (31-10-2013) due to

security problems and non-availability of funds.

Considering the above said scenario, “The Engineer” recommends 245 days EOT on this

account from 01-03-2013 to 31-10-2013 because in previous EOT time lose-was

considered up to 28-02-2013.

v. Constraint to work on Limited Site

The contractor has claimed that at the time of award of work it was not pointed out that he

would be allowed to work on 3 or 4 distributaries at a time. He planned to work on different

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distributaries with different parties to complete contract in time. But due to non handling

over of complete site at one time the work could not be completed in specified time and has

claimed 18 months additional time for handing over distributaries in parts. The site of

distributaries 11 and 12 between RD 1126 to 1166 of main canal contract-KC-06A could not

be handed over till this date. These when handed over would require additional six months

and therefore requested to consider extension of time due to non handing over of complete

site and security problems for (18+6) 24 months.

Engineer Assessment

Period of delay claimed by the contractor has been thoroughly examined by the Engineer

on the basis of ground realities and consider 120 days on this account.

vi. Effects of Rain and Floods

The contractor has claimed 04 months extension for this reason. The heavy rains and

floods were occurred between July and August 2010 which was declared as worst flood in

80 years and caused heavy damages. The flood water breaches the embankments. The

flood water deposited earth in working section of canal and structures. The contractor will

require additional 04 months to bring then in original shape.

Engineer Assessment

As the work was not in progress during the period of flood therefore no extension of time

has been considered by “The Engineer” on this account.

vii. Sand and Loose Soil blown into completed Section of Distributaries

The contractor has claimed that the blown sand was deposited with in the prism of the

distributaries. The contractor has claimed 03 months extension of time for properly cleaning

these 72 Km distributaries.

Engineer’s Assessment

As the work was not in progress during the flood season therefore no extension of time has

been considered by “The Engineer” on this account.

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3. Engineer’s Conclusion

The Engineer is of view point that an experienced contractor could not have assessed the

current security hazards of site where in working time and space is limited, movement of

contractor’s personal and equipment is restricted. Therefore Extension of time up to 30-06-

2014 is considered as justified against contractor’s request up to 31-12-2014.

The break up of events of delays and recommended time is summarized below.

Sr.No Reason of Delay Contractor’s Request

Recommendation by the Engineer KCC

1. Delay in deployment F.C for Security at Site. 134 days Nil

2. Working time Constraints. 495 days Nil

3.Security problems, Non handing over of complete site and Bomb blast.

240 days Nil

4.Delay in payment and suspension of works under clause 69.4 of COC.

900 days 245 days

5. Constraint to work on Limited site. 730 days 120 days

6. Effects of Rain and Floods. 120 days Nil

7. Sand and loose soil blown in to completed section of distributaries. 90 days Nil

Total extension Required 2709 365 days

4. Engineer’s Recommendation

The Engineer recommends for the grant of EOT in respect of contract KC-06C for the

period from 01-07-2013 to 30-06-2014 with the admissibility of escalation / de escalation as

per clause 70.1 conditions of contract. The contractor will also be entitled for EOT claim of

365 days between the period (01-01-2009 to 30-06-2013).

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