CONSULTANTS CO., LTD.

Karnaphuli Water Supply Project-Phase 2

Date: xx January 2019

Our Ref. No.: NJS KWSP2-

Mr. Quazi Yeakub Sirajuddowla

Project Director, Karnaphuli Water Supply Project Phase 2 (KWSP 2)
Chittagong Water Supply & Sewerage Authority (CWASA)

Subject: Reply to Supervision work of Karnaphuli Water Supply Project – Phase 2

(KWSP2) – Loan Agreement No BD-P73 (Your Letter Memo No.:
46.06.0000.323.01.01. 2012 (2) -2083, Date 26/12/2018)　　
Reference: Our Letter: Ref. No. NJS-KWSP2-590, Date 25th November, 2018

Dear Sir,

Our letter in Reference above informed you that this sort of correspondence does not produce fruitful
results for both parties. In addition, in our previous letter, we also asked you to believe that the staff of
the Engineer is always executing the services for successful completion of the Project. We believe that
we provide diligent and sincere service for Consultant contract activities, but it can only be said that it
is disappointing for us that the Employer is dissatisfied.
Accordingly, we would like to issue this letter in response to your letter dated 26 Dec 2018 regarding
the above subject to clarify our standing point.
Your letter outlines; (1) the responsibilities of the consultant, (2) shortcomings noted by CWASA in
the consulting service work, and (3) potential delay of construction work and increase in construction
costs, which CWASA believes will be as a result of the noted shortcomings, and lastly (4) Implication
of giving convenience to the Contractor by the Engineer's Staff.
Your letter is of a generic nature without pointing out any particular case or incident and therefore the
Engineer is unable to respond in detail with facts. However, some of the matters raised in the letter are
responded in the followings for your clarification of the situation.
We would like to start with item (1) and (2) mentioned above, which were outlined in your letter.
We believe that each of our engineer understand Role and Responsibilities prescribed in Consulting
Service Contract and in each Contract Document of respective contract for construction work, but due
to some circumstances there might had a case where complete work could not be performed by our
engineers on the matters written in your Letter. These are clarified below.
(A) Construction Supervision under KWSP2/W-1 Contract

House R.S#288, 350A/350B, Percival Hill, College , Chawk bazar, Chittagong, Bangladesh
E-mail: njskwsp2@gmail.com
Head Office: NJS Consultants Co., Ltd., 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023 Japan
Tel: +81-3-6324-4344 FAX: +81-3-5324-4945 E-mail: njs@nifty.com
 CONSULTANTS CO., LTD.
Karnaphuli Water Supply Project-Phase 2

(B) Construction Supervision under KWSP2/W-3-1 & W-3-2 Contract

General: Engineer’s supervisory staff for Contract W-3-1 & W-3-2 consists of only 5 engineers being
dispatched in two shifts. There were 32 sites in the maximum working everyday scattered apart each
other within the contract area. Therefore, pipe laying including excavation, installation, backfilling
and compaction could not be possible to supervise continuously at every site. As part of the quality
assurance process, a check sheet has been used to verify the pipe size, depth, sand bedding, warning
tape, backfilling and compaction etc. At the completion of each pipeline, the Engineer’s staff and the
Contractor’s staff jointly check and verify all these pipelines. Current way of service is the best
method to undertake the supervision works with the available staff.
Engineer reserves the right to have the Contractor to open any pipeline trench, and re-install pipelines.
Therefore we would like to request you to provide any particular location if you are aware of such
inappropriate installation works mentioned in the letter.
Depth of pipeline: The specified minimum depth of 0.9-1.2m depth cannot always be maintained
everywhere due to other utilities, i. e., gas pipelines, existing WASA pipelines, optic fiber cables, old
road base layer, drainage culvert, etc. Engineer has allowed shallow depth pipe laying for non-
trafficable streets. In allowing these changes, Engineer has always considered the durability of the
pipelines which are expected to last well over 50 years. There are streets where the pipeline cannot be
laid deeper than 0.5m due to various reasons, and pipe laying in those narrow corridor-like streets are
on hold. Both Engineer and the Contractor are struggling to find solutions for these cases.
Durability of pipeline: Engineer’s staff is aware of all changes done on site including pipeline depth
changes etc. These changes have been allowed to suit with site conditions without influencing the
durability of the pipeline and the installed pipeline will remain functional with its life span. It will not
affect hydraulic design significantly for the pipeline at all.
Safety: Engineer’s staffs always keep on reminding the Contractor to maintain the maximum safety
during pipe laying. Engineer understands that there have been a few places where all necessary safety
precautions were not in place. As you understand, when work is carried out in more than 30 work
sites, it is not possible for the Engineer’s staff to check the safety matters at everywhere all the time.
The matter of "work safety" is in fact the Contractor’s responsibility. It should be noted that there
were a very few safety incidents during the installation of over 500 km of pipelines in the two
contracts, and those incidents were also very minor.
Open trenches and pits: Pipe trenches cannot be excavated, installed and backfilled within a day.
Engineer has allowed a maximum of 3 days for this purpose. However, in some cases where Tee
junctions, culverts, or underground utilities, sometimes trenches may have been left open longer. Once
again the Contractor is regularly reminded to maintain safety.

House R.S#288, 350A/350B, Percival Hill, College , Chawk bazar, Chittagong, Bangladesh
E-mail: njskwsp2@gmail.com
Head Office: NJS Consultants Co., Ltd., 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023 Japan
Tel: +81-3-6324-4344 FAX: +81-3-5324-4945 E-mail: njs@nifty.com
 CONSULTANTS CO., LTD.
Karnaphuli Water Supply Project-Phase 2

Temporary Reinstatement: The Contractor use, most of the sections, the material removed from the
excavations (e.g. broken brick pieces). Wherever it is found that compaction has not been done
properly, the Contractor is requested to re-compact. Contractor is also reminded to re-compact settled
pits/trenches from time to time.
Ownership of Road: Verifying the ownership is not a simple task. Many narrow streets or footpaths
are either community maintained or private. There are no legal document available to verify the
ownership and therefore we have to rely on the information given by neighboring residents. As such,
it is not practical or impossible to verify ownership 100% prior to installation of the pipelines. There
have been a few cases where the owners appeared after installation of the pipeline claiming that the
streets are owned by them. Engineer cannot see any practical way of avoiding this sort of incidents.
Your suggestions are most welcome.
(C) Potential Delay of Construction Work and Increase in Construction Cost
With regard to Item (3) outlined from your letter that “the discrepancy between site supervision work
by the Consultant and Consultant job responsibility which may cause delay of work, may hamper
quality of work, increase the construction cost”, is misunderstanding the role of the Consultant.
Delays to any construction work could happen in three ways, i.e. (a) delays due to poor construction
management of the Contractor, (b) delays cause by the Engineer in giving instructions or in the review
of contractor’s submittals, and (c) delays by Employer in approval processes and related coordination
works.
So far, Engineer has duly performed their duties with regards to giving instructions and review of
contractor’s submissions. Engineer has reviewed all the documents submitted by Contractor’s on time.
Engineer has never stopped the contractor’s work due to unavailability of supervisory staff OR
inability to arrange supervision works. As a proof, to-date Engineer has not received any delays
claims or any intention of delay claims by the Contractors.
We should fulfill the role and responsibility of each party and cooperate each other to avoid delay of
the construction work.
(D) Implication of giving convenience to the Contractor by the Engineer's Staff
With regard to Item (4) outlined from your letter, we are astonished and puzzled very much that this
kind of thing prescribed in Clause 2.9 in our consulting service contract is written in your letter. If it is
fact that our staff gives convenience to the Contractor in return of reward, we can’t overlook. If you
know the fact please tell us verbally. We will investigate it immediately.
(E) End Remarks
The above is a general explanation to your concerns. If you have any particular case or incident, the
Engineer would like to respond in detail.
All the correspondence between the Engineer and the Contractors are copied to you. Engineer’s staff
are also maintain a close liaison with CWASA engineers in day to day activities. All progress
meetings are chaired by you and therefore you are well aware of what are happening in each contact
for the activities and deeds of the contractor. Thus, you know very well that the Engineer’s staff is
performing their duties properly even beyond the role and responsibility in consulting services.
Engineer conducts service according to Engineer's Obligation as specified in Consultant Contract and
Construction Work Contract of respective contract between CWASA and Contractor. Specifically,
Provision 3 under II “General Conditions of Contract” and Appendix A “Description of Services” in
Contract Agreement of consulting service contract. In addition In the provisions of the Construction
Work Contract, the Engineer executes the services under obligation to be exerted by each party
prescribed in Provision 2 "The Employer, Provision 3 "The Engineer" and Provision 4 "The
Contractor" under General Condition in respective Construction Work Contract. Those are the main

House R.S#288, 350A/350B, Percival Hill, College , Chawk bazar, Chittagong, Bangladesh
E-mail: njskwsp2@gmail.com
Head Office: NJS Consultants Co., Ltd., 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023 Japan
Tel: +81-3-6324-4344 FAX: +81-3-5324-4945 E-mail: njs@nifty.com
 CONSULTANTS CO., LTD.
Karnaphuli Water Supply Project-Phase 2

condition for executing the consulting service contract.

The contractors are not carrying out construction work under Consultant. Most of the matters pointed
out in your letter are what we always instruct the contractors. This seems to be as if CWASA got the
illusion that the contractor are performing construction work under Consultant's management and
presented it in the letter to the Consultant.
Contractor has signed a contract with CWASA which is an Implementing Agency for the Project.
Consultant was appointed from Employer, CWASA, and executes the work to assist CWASA in
completing the project successfully. In other words, CWASA and Consultant belong to the same
group. It is Contractor that profits are obtained by impairing the trust relationship between the
Employer and Consultant. We should deepen our mutual ties and keep our relationship of trust.
Engineer would like to suggest, hereinafter, if the matters arise and need to take measures to the
contractors, we should discuss face to face before putting it in writing in a generic manner which is
rarely understandable for us to check the fact.
Lastly, we would like to ask you to keep it in mind that we are confident that all the Engineer's staffs
are always working hard to assist CWASA toward the success of the project.

Sincerely yours,

__________________
Masaharu TAKASUGI
Team Leader, The Engineer, KWSP 2

CC: Managing Director, CWASA

Chief Engineer, CWASA
Deputy Project Director, KWSP 2
NJS Office & Engineers Concerned,

House R.S#288, 350A/350B, Percival Hill, College , Chawk bazar, Chittagong, Bangladesh
E-mail: njskwsp2@gmail.com
Head Office: NJS Consultants Co., Ltd., 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023 Japan
Tel: +81-3-6324-4344 FAX: +81-3-5324-4945 E-mail: njs@nifty.com