14th NLA: PWD (NH) Minister replies to starred questions on status of 2 Lane Kohima-Jessami By-pass Road

Kohima: EPC Contractor directed to carry-out the maintenance work round the clock

BY | Thursday, 29 August, 2024

Replying to a starred question raised by MLA Nienu on the status of Construction of 2-Lane, Kohima-Jessami By-pass Road connecting NH 2-29 from design Km 32.000 to Km 43.454, Deputy CM and Minister-in-Charge, PWD (NH), TR Zeliang confirmed that the work was awarded on 14th August 2024 and the appointed date was 15th October 2020.

In the written reply presented today in the Nagaland Legislative Assembly, Zeliang said that the physical process standing at 25.45% and the financial progress at 23.27% does not indicate a monthly progress of 0.1%. For reviewing the monthly progress, the cumulative financial progress achieved up to date can be divided by the total number of months from the appointed date of a project. Accordingly, the monthly progress for Kohima bypass road, package 4 is 0.54%.

On being asked to justify why the Kohima -Jessami Bypass Road NH 2-29 with a monthly physical progress of 0.1 % is not being terminated, the Minister stated that since the declaration of the Appointed Date of the Project, the subject project has been hindered due to non-receipt of NOCs of damage Compensation from the District administration.

Moreover, the progress of EPC Contractor was also slow and a Notice for Intention to Terminate the Contract was issued on 22nd May 2023. However, the EPC Contractor sought relief for the served Notice along with other prayers and approached the Arbitration Tribunal and currently, the subject road project, is under the Arbitration proceedings. Moreover, in compliance with the order passed by the Hon’ble Sole Arbitrator vide Procedural Order no. 8 for Arbitration Case No.ARB.P.840/2023 dated 04.03.2024, a fresh Cure Notice under CA Clause 23.1.1 has also been issued to the EPC Contractor on 24th June 2024 for initiating the processes towards serving the Notice for Intention to Terminate the Contract.

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Work termination on the Kohima-Jessami road on NH- 29

In a written reply to questions raised by MLA Nienu on the termination of work on the Kohima- Jessami road on NH- 29 Pg V (old NH150) (KJ-V) (Km 95.700 to design km 117.200) on 15th March 2023, Deputy CM Zeliang highlighted that the EPC Contractor M/s SLLC-OIA(JV) was terminated for the reasons stated below:

(a) Slow progress of work (b) Poor maintenance of the road (c) Insufficient stock of materials (d) Inadequate Manpower & Machinery.

He said Intention to Termination Notice has been issued to the EPC Contractor of KJ- II on 29.06.2024. The EPC Contractor has been given a target to achieve 6% Physical Progress within 16.09.2024- failing which the procedure for Termination of the Contract shall be initiated in accordance to the clauses of EPC Contract Agreement.

EPC Contractor was given 15 days time period to make a representation if any. Zeliang informed that the EPC Contractor had submitted their representation and requested the Authority to give a time to achieved the progress of the work. Therefore, the EPC Contractor had been given a target to achieve 6% Physical Progress within 16.09.2024, failing which the procedure for Termination of the Contract shall be initiated in accordance to the clauses of EPC Contract Agreement.

Considering the importance of the road and to make it traffic in worthy condition. The EPC Contractor has been directed to carry-out the maintenance work round the clock. During this rainy season, if the EPC Contractor gets terminated, it will take time to mobilize the new Contractor for maintenance work of the said road. Therefore, the Authority has been taking time to terminate the EPC Contractor.

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