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San Fernando to Point Fortin Highway

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Re: San Fernando to Point Fortin Highway

Postby nervewrecker » February 18th, 2016, 7:23 pm

brams112 wrote:
nervewrecker wrote:
abbow wrote:yup.....I wonder if that cow takes part in the night drags????

:lol:


It does have drags :shock:

Ent you from on that side?how come I heard about the car chase sometime ago with the popo,but you ain't know about it.


All this bacchanal take place? :shock: :lol: :lol: :fadein:

I try my best to stay far away from these immature little boys with moderately fast cars in this town. My name nasty enough with them.

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Re: San Fernando to Point Fortin Highway

Postby brams112 » February 18th, 2016, 7:27 pm

nervewrecker wrote:
brams112 wrote:
nervewrecker wrote:
abbow wrote:yup.....I wonder if that cow takes part in the night drags????

:lol:


It does have drags :shock:

Ent you from on that side?how come I heard about the car chase sometime ago with the popo,but you ain't know about it.


All this bacchanal take place? :shock: :lol: :lol: :fadein:

I try my best to stay far away from these immature little boys with moderately fast cars in this town. My name nasty enough with them.

Was out of town men come down,talk done ok.

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Re: San Fernando to Point Fortin Highway

Postby nervewrecker » February 18th, 2016, 7:33 pm

Oh, thats why they so emo these days. Sure I get blame for that too :lol:

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Re: San Fernando to Point Fortin Highway

Postby S_2NR » February 18th, 2016, 7:43 pm

xtech wrote:Image

Image

This is pics from Debe behind the market onwards.

Tall brush... 4x4 is dwarfed. Can't see across to other side of highway

Dam. Bush everywhere yes. Literally. I've never seen grass this high on a highway in my life. South people suffering

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Re: San Fernando to Point Fortin Highway

Postby TurboSingh12 » February 19th, 2016, 6:27 am

^^We always suffer,if its not salt water on the creek,potholes,bush,stolen street light bulbs,cable lines cut ect

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Re: San Fernando to Point Fortin Highway

Postby TurboSingh12 » February 19th, 2016, 6:29 am

nervewrecker wrote:
abbow wrote:yup.....I wonder if that cow takes part in the night drags????

:lol:


It does have drags :shock:


Yes it does, but due to the popo incident where a man got bounce down they giving it a rest.

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Re: San Fernando to Point Fortin Highway

Postby abbow » February 19th, 2016, 7:27 am

t-Singh where you living? delhi rd or gr tr side?

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Re: San Fernando to Point Fortin Highway

Postby TurboSingh12 » February 19th, 2016, 9:07 am

abbow wrote:t-Singh where you living? delhi rd or gr tr side?


Delhi Road.Wbu?

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Re: San Fernando to Point Fortin Highway

Postby K74T » February 19th, 2016, 9:37 am

Not sure if highway or matchmaker thread. :|

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Re: San Fernando to Point Fortin Highway

Postby shady23 » February 19th, 2016, 10:54 am

So any info on when work actually starting back?

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Re: San Fernando to Point Fortin Highway

Postby grad » February 19th, 2016, 1:02 pm

rumour is that sammy kalco n some other local contractors gonna finish it.....rumours

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Re: San Fernando to Point Fortin Highway

Postby abbow » February 19th, 2016, 1:14 pm

TurboSingh12 wrote:
abbow wrote:t-Singh where you living? delhi rd or gr tr side?


Delhi Road.Wbu?



Grant Tr....

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Re: San Fernando to Point Fortin Highway

Postby Habit7 » April 1st, 2016, 6:18 pm

Remember kids, Kamla has a plan!

Highway Headache
Published on Apr 1, 2016, 3:41 pm AST
Updated on Apr 1, 2016, 3:45 pm AST
By The Multimedia Desk


GOVERNMENT revealed in Parliament on Friday that the Solomon Hochoy Highway extension project was less than half complete, that the contractor OAS Contructora had been paid $1 billion before they even began work, and that despite seeking backruptcy protection, the Peoples Partnership administration extended their contract on the last working day before the September 7 general election last year. The Government wants the Integrity Commission to investigate, and will be exploring legal aciton against OAS Contrutora. The following is the statement delivered by Minister in the Ministry of the Attorney General and Office of the Prime Minister Stuart Young -

Madame Speaker I have been authorised by the Cabinet to make the following statement on the Highway to Point Fortin.

Madame Speaker the process for the construction of this Highway was initiated by the previous PNM Government, through the invitation of tenders in early 2010. However, although tenders were received in April 2010, the contract was not awarded by the PNM prior to the May 24 General Election since the bids received were significantly higher than the engineer’s estimate of TTD$3.6Billion.

However, on March 4th, 2011, the former government, through NIDCO, awarded a Design-Build Contract to a Brazilian firm Construtora OAS SA (“OAS”) for the lump sum of approximately TTD$5.2Billion, or $1.6 billion more than the engineer’s estimate. This Contract was governed by the FIDIC Yellow Book.

A major benefit of utilising FIDIC terms and conditions is that, the terms and conditions are standard and internationally recognised. A party should only, with very good reason, amend the standard terms and conditions of FIDIC.

Despite this, the former government changed the standard and accepted advance payment term from 10% to 20%. This upward amendment resulted in OAS receiving approximately, TTD$856million, as opposed to TTD$428million as an advance.

Another major issue at inception was that all payments made to OAS for activities under the Letter of Intent, which totalled TTD$236.4million, should have been deducted from the Advance Payment. However, these sum were not deducted.

So even before construction began, the former government provided OAS with over TTD$1Billion of taxpayers’ funds.

This project should have been completed in March 2015. It was a 4 year contract, to provide a 4-lane divided highway with full grade separated Interchanges. It included 8 such Interchanges as well as 8 river bridges. It is still far from completion.

Madame Speaker, rather than utilise low interest rate funding for this Billion dollar project from a multilateral lending agency, such as the IDB, the former government paid OAS, and others, via cash transfers from the Ministry of Finance, up to 2014, putting a strain on the Country’s available cash.

Five years later, over TTD$5 Billion have been spent with only 49% of the construction being completed by OAS. This despite the UNC government telling the population, over and over, that it was on budget and on time.

In fact, the contract was in trouble from the start and OAS began to run into serious difficulties early in 2015. They defaulted on paying subcontractors and were late in paying workers. Their difficulties continued with worsening effect and they subsequently demobilised in December 2015, with the site being almost completely abandoned. They have not returned to work since then and there have been protests by workers for non payment of salaries, lawsuits by third parties and repossession of equipment.

Against this backdrop, OAS filed for Judicial Reorganisation in Brazil on the 31st March, 2015, whereby it sought bankruptcy protection. In law, and under the contract, OAS was considered to be bankrupt from March 31st, 2015.

By March 2015, therefore, the project was in dire difficulties and the former government should have been pursuing ways and means to terminate the contract with OAS to protect the public interest. Under FIDIC there are various ways to terminate, with varying degrees of complication and potential litigation.

However, virtually all commercial contracts allow for automatic termination upon a party declaring bankruptcy. Under the FIDIC contract, the UNC government could have, and should have, immediately invoked Clause 15(2)(e) and terminated OAS on the ground that it was bankrupt. This is probably the simplest and least contentious form of termination under FIDIC and OAS would not have been able to make any justifiable claim against the Government for wrongful termination.

However, what we discovered upon review was that, on September 4th, 2015, (that is the last working day before the general elections of September 7th, 2015,) the UNC government, rather than use this opportunity to terminate the contract in a clean, cost-effective and non-contentious manner, secretly entered into a written agreement with OAS whereby the government waived the ability to terminate the contract on the grounds of OAS’ bankruptcy. Instead, on September 4th, 2015 the UNC government, reaffirmed in writing, their desire to keep a company that was bankrupt in Brazil, as their preferred contractor for the Point Fortin Highway. This was done against the advice of NIDCO’s consultants.

On September 4th, 2015 the former government entered into a written agreement with OAS called Contract Addendum No. 2 whereby they expressly recognised that OAS was bankrupt, and stated, that they could invoke Clause 15.2(e) of the FIDIC contract immediately terminating the Contract. However, despite this, they proceeded secretly to give up this right of termination and waived all claims against OAS, thus releasing and discharging OAS from any liability to Trinidad and Tobago.

This action by the UNC government the day before a General Elections, requires an immediate investigation. They must now account to the population and explain why it is that they threw away the cleanest, easiest, most cost-effective and simplest opportunity to have terminated OAS.

Additionally, Madame Speaker, they also removed from OAS’ responsibility substantial sections of the Highway, with an intention to award the construction of these parts of the Highway to other contactors, at an additional cost to the taxpayer.

They removed 26% of the Highway works, worth $1.5 billion, from OAS’ contract, but surprisingly, still agreed to pay OAS $5 billion for the reduced scope of works that remained with OAS. They also agreed to a new completion date of May 28th, 2016, one year after the original completion date.

To summarise, on September 4th, 2015 when OAS was in bankruptcy, and was experiencing severe difficulty in meeting its obligations to local suppliers, subcontractors and its workers, rather than terminate OAS, the former government agreed to allow OAS to continue with the contract, for roughly the same sum they were originally contracted for, i.e. $5Billion. The UNC government went further, and burdened tax payers with the additional expenses of over $2 billion to pay new contractors to complete the portion of the Highway excised from OAS’ contract.

Further, in a curious attempt at what they have described as “value engineering”, they also removed 4 interchanges and replaced them with roundabouts and reduced 4 lanes to 2 lanes on the Siparia to Mon Desir segment of the Highway. So whilst the value of the product was being significantly reduced by the removal of interchanges and lanes, the costs were escalating. The estimated cost to complete the Highway is now in excess of $8 billion.

Because this decision to waive the right to terminate a bankrupt contractor is so blatantly wrong, it is the Government’s intention to request that the Integrity Commission investigate this travesty as there appears to be a breach of section 24 of the Integrity in Public Life Act, as persons performing their functions and administering public resources for which they were responsible, did not do so in a cost-effective or efficient manner. In fact, on the face of it, Contract Addendum No. 2 has the distinguishing features of a conspiracy which may require the attention of the law enforcement agencies.

In the interim, this Government is working towards the most cost effective solution to complete the Highway in the shortest possible time and we are also exploring all legal options available with respect to OAS and this contract.

http://www.trinidadexpress.com/20160401 ... y-headache


Cliff notes:
Engineer's estimate $3.6b, contract estimate $5.2b, PP propaganda estimate $7.5b.
$1b was given to OAS before work started.
Hway was supposed to be finished by March 2015, extended to May 28th 2016 :D
Only 49% complete :(
PP extended their contract on PP's last working day in office (Sept 4 2015) when they could have fired the bankrupt contractor, against NIDCO's advice.
Works downgraded from 8 to 4 interchanges in lieu of roundabouts and Siparia to Mon Desir from 4 to 2 lanes. OAS payment unchanged.
New price tag +$8b

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Re: San Fernando to Point Fortin Highway

Postby adnj » April 1st, 2016, 7:21 pm

That money could have been used to buy the steel mill and still have some cash left for doubles.

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Re: San Fernando to Point Fortin Highway

Postby De Dragon » April 3rd, 2016, 1:48 am

adnj wrote:That money could have been used to buy the steel mill and still have some cash left for doubles.

That steel mill will never make a profit again............

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Re: San Fernando to Point Fortin Highway

Postby TriP » April 16th, 2016, 7:59 am

AUDIT DEBE TO MON DESIR

The Highway Reroute Movement welcomes the efforts by the Government to provide financial information on the collapsed Pt Fortin Highway system. However, the entire process, from certification to collapse, must be audited. This audit must cover the period April 2010, the date of the award of the Certificate of Environmental Clearance for Debe to Mon Desir, to late 2015, the date of the bankruptcy and collapse of the OAS. Any audit must consider, in addition to the issues raised in Parliament, the following:

1. Why the EMA, the CEC decision makers, ignored relevant information warning against Debe to Mon Desir, by consultants, the Institute of Marine Affairs, residents at public consultations, and the EMA’s own scientists.

2. Why the CEC was awarded on April 20th 2010, one month before the May 2010 General Elections. The decision maker had not sought the benefit of an understanding of the hydrology of the Oropouche Wetland, across which the Debe to Mon Desir highway was proposed to pass. It had done no proper social or ecological cost-benefit assessments.

3. Why the OAS was chosen over other contractors, globally or locally.

4. Why the PP Government ignored the findings of the Inter-American Development Bank presentation to them in mid-2010 stating that the entire project was over-designed, and over-costed. And that its research team had doubts about the transparency of the tendering process. And recommended an incremental system of road repair and widening in lieu of the Government’s plan.

5. Why two PP Ministers of Finance failed to intercede and bring transparency and rectification to this project. The first Minister ignored the IADB’s statements presented to him; he also approved financing from recurrent expenditure. The second refused to respond to information presented to him in January 2014, demonstrating that the economic rationale, the process, and the CEC for this project were flawed.

6. Why the PP Prime Minister, after promising to review the Debe to Mon Desir highway, failed to do a proper review. And subsequently, failed to abide by the recommendations of the $TT 1 million Armstrong Report.

7. Why the Prime Minister and her cabinet illegally destroyed the HRM’s Debe camp in June 2012, on a site which the corporate owners had given permission to occupy.

8. Why the President of NIDCO sought to have the Armstrong Committee change parts of the Armstrong Report, leading to its late publication. And why the then Minister of Works presented false and misleading information to the public upon the publication of the report.

Governments which continue to violate proper approach, process, will continue to retard development. Will continue to burden the treasury with project overruns. Will continue to add significantly to the national debt. Will continue to place the business of partisan and corporate actors before the public interest. The following are the words of the current Prime Minister on the PNM 2015 Manifesto: “Our approach to governance in our next term will be data based, scientific, holistic and evidence driven.” There is no need to re-invent the wheel of audit for the Debe to Mon Desir highway process.

The nineteen experts and scientists of the Armstrong Report concluded that the CEC for the Debe to Mon Desir highway was flawed, and should have been sent back to the applicants, the Ministry of Works. That no proper social impact assessment, hydrological study, environment cost-benefit analysis were done. It explicitly stated that no works should proceed until the scientific process was applied. It created a template for the execution of projects, particularly large public projects, requiring significant capital expenditure.

HIGHWAY REROUTE MOVEMENT
16 April 2016


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Re: San Fernando to Point Fortin Highway

Postby TurboSingh12 » April 27th, 2016, 8:51 am

So them fishermen burst the bank on the creek causing all the mangrove water to flood the road!Dont know what to say anymore

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Re: San Fernando to Point Fortin Highway

Postby abbow » April 27th, 2016, 10:22 am

i didnt see the pump thats usually there to help with the flow from the high tides....either it got stolen or went for a swim....

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Re: San Fernando to Point Fortin Highway

Postby Habit7 » April 27th, 2016, 10:56 am

abbow wrote:i didnt see the pump thats usually there to help with the flow from the high tides....either it got stolen or went for a swim....

I saw it there up to yesterday afternoon.

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Re: San Fernando to Point Fortin Highway

Postby Numb3r4 » April 30th, 2016, 9:36 pm

There is a pump there but who will operate it?

For the most part I thought it was a piece of equipment that just got left behind.

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Re: San Fernando to Point Fortin Highway

Postby DVSTT » May 1st, 2016, 12:07 am

All that material is just going to remain packed down to rust away or be stolen. Millions down the drain.

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Re: San Fernando to Point Fortin Highway

Postby TurboSingh12 » May 2nd, 2016, 11:42 am

DVSTT wrote:All that material is just going to remain packed down to rust away or be stolen. Millions down the drain.


Just like the church Manning build

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Re: San Fernando to Point Fortin Highway

Postby The_Honourable » May 2nd, 2016, 10:00 pm




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Re: San Fernando to Point Fortin Highway

Postby The_Honourable » May 3rd, 2016, 5:37 pm

Former Works Minister Dr Suruj Rambachan on the Point Fortin Highway


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Re: San Fernando to Point Fortin Highway

Postby DVSTT » May 3rd, 2016, 7:11 pm

No highway but he said he's building a sporting centre in Diego.

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Re: San Fernando to Point Fortin Highway

Postby brams112 » May 5th, 2016, 5:59 pm

Habit7 wrote:Remember kids, Kamla has a plan!

Highway Headache
Published on Apr 1, 2016, 3:41 pm AST
Updated on Apr 1, 2016, 3:45 pm AST
By The Multimedia Desk


GOVERNMENT revealed in Parliament on Friday that the Solomon Hochoy Highway extension project was less than half complete, that the contractor OAS Contructora had been paid $1 billion before they even began work, and that despite seeking backruptcy protection, the Peoples Partnership administration extended their contract on the last working day before the September 7 general election last year. The Government wants the Integrity Commission to investigate, and will be exploring legal aciton against OAS Contrutora. The following is the statement delivered by Minister in the Ministry of the Attorney General and Office of the Prime Minister Stuart Young -

Madame Speaker I have been authorised by the Cabinet to make the following statement on the Highway to Point Fortin.

Madame Speaker the process for the construction of this Highway was initiated by the previous PNM Government, through the invitation of tenders in early 2010. However, although tenders were received in April 2010, the contract was not awarded by the PNM prior to the May 24 General Election since the bids received were significantly higher than the engineer’s estimate of TTD$3.6Billion.

However, on March 4th, 2011, the former government, through NIDCO, awarded a Design-Build Contract to a Brazilian firm Construtora OAS SA (“OAS”) for the lump sum of approximately TTD$5.2Billion, or $1.6 billion more than the engineer’s estimate. This Contract was governed by the FIDIC Yellow Book.

A major benefit of utilising FIDIC terms and conditions is that, the terms and conditions are standard and internationally recognised. A party should only, with very good reason, amend the standard terms and conditions of FIDIC.

Despite this, the former government changed the standard and accepted advance payment term from 10% to 20%. This upward amendment resulted in OAS receiving approximately, TTD$856million, as opposed to TTD$428million as an advance.

Another major issue at inception was that all payments made to OAS for activities under the Letter of Intent, which totalled TTD$236.4million, should have been deducted from the Advance Payment. However, these sum were not deducted.

So even before construction began, the former government provided OAS with over TTD$1Billion of taxpayers’ funds.

This project should have been completed in March 2015. It was a 4 year contract, to provide a 4-lane divided highway with full grade separated Interchanges. It included 8 such Interchanges as well as 8 river bridges. It is still far from completion.

Madame Speaker, rather than utilise low interest rate funding for this Billion dollar project from a multilateral lending agency, such as the IDB, the former government paid OAS, and others, via cash transfers from the Ministry of Finance, up to 2014, putting a strain on the Country’s available cash.

Five years later, over TTD$5 Billion have been spent with only 49% of the construction being completed by OAS. This despite the UNC government telling the population, over and over, that it was on budget and on time.

In fact, the contract was in trouble from the start and OAS began to run into serious difficulties early in 2015. They defaulted on paying subcontractors and were late in paying workers. Their difficulties continued with worsening effect and they subsequently demobilised in December 2015, with the site being almost completely abandoned. They have not returned to work since then and there have been protests by workers for non payment of salaries, lawsuits by third parties and repossession of equipment.

Against this backdrop, OAS filed for Judicial Reorganisation in Brazil on the 31st March, 2015, whereby it sought bankruptcy protection. In law, and under the contract, OAS was considered to be bankrupt from March 31st, 2015.

By March 2015, therefore, the project was in dire difficulties and the former government should have been pursuing ways and means to terminate the contract with OAS to protect the public interest. Under FIDIC there are various ways to terminate, with varying degrees of complication and potential litigation.

However, virtually all commercial contracts allow for automatic termination upon a party declaring bankruptcy. Under the FIDIC contract, the UNC government could have, and should have, immediately invoked Clause 15(2)(e) and terminated OAS on the ground that it was bankrupt. This is probably the simplest and least contentious form of termination under FIDIC and OAS would not have been able to make any justifiable claim against the Government for wrongful termination.

However, what we discovered upon review was that, on September 4th, 2015, (that is the last working day before the general elections of September 7th, 2015,) the UNC government, rather than use this opportunity to terminate the contract in a clean, cost-effective and non-contentious manner, secretly entered into a written agreement with OAS whereby the government waived the ability to terminate the contract on the grounds of OAS’ bankruptcy. Instead, on September 4th, 2015 the UNC government, reaffirmed in writing, their desire to keep a company that was bankrupt in Brazil, as their preferred contractor for the Point Fortin Highway. This was done against the advice of NIDCO’s consultants.

On September 4th, 2015 the former government entered into a written agreement with OAS called Contract Addendum No. 2 whereby they expressly recognised that OAS was bankrupt, and stated, that they could invoke Clause 15.2(e) of the FIDIC contract immediately terminating the Contract. However, despite this, they proceeded secretly to give up this right of termination and waived all claims against OAS, thus releasing and discharging OAS from any liability to Trinidad and Tobago.

This action by the UNC government the day before a General Elections, requires an immediate investigation. They must now account to the population and explain why it is that they threw away the cleanest, easiest, most cost-effective and simplest opportunity to have terminated OAS.

Additionally, Madame Speaker, they also removed from OAS’ responsibility substantial sections of the Highway, with an intention to award the construction of these parts of the Highway to other contactors, at an additional cost to the taxpayer.

They removed 26% of the Highway works, worth $1.5 billion, from OAS’ contract, but surprisingly, still agreed to pay OAS $5 billion for the reduced scope of works that remained with OAS. They also agreed to a new completion date of May 28th, 2016, one year after the original completion date.

To summarise, on September 4th, 2015 when OAS was in bankruptcy, and was experiencing severe difficulty in meeting its obligations to local suppliers, subcontractors and its workers, rather than terminate OAS, the former government agreed to allow OAS to continue with the contract, for roughly the same sum they were originally contracted for, i.e. $5Billion. The UNC government went further, and burdened tax payers with the additional expenses of over $2 billion to pay new contractors to complete the portion of the Highway excised from OAS’ contract.

Further, in a curious attempt at what they have described as “value engineering”, they also removed 4 interchanges and replaced them with roundabouts and reduced 4 lanes to 2 lanes on the Siparia to Mon Desir segment of the Highway. So whilst the value of the product was being significantly reduced by the removal of interchanges and lanes, the costs were escalating. The estimated cost to complete the Highway is now in excess of $8 billion.

Because this decision to waive the right to terminate a bankrupt contractor is so blatantly wrong, it is the Government’s intention to request that the Integrity Commission investigate this travesty as there appears to be a breach of section 24 of the Integrity in Public Life Act, as persons performing their functions and administering public resources for which they were responsible, did not do so in a cost-effective or efficient manner. In fact, on the face of it, Contract Addendum No. 2 has the distinguishing features of a conspiracy which may require the attention of the law enforcement agencies.

In the interim, this Government is working towards the most cost effective solution to complete the Highway in the shortest possible time and we are also exploring all legal options available with respect to OAS and this contract.

http://www.trinidadexpress.com/20160401 ... y-headache


Cliff notes:
Engineer's estimate $3.6b, contract estimate $5.2b, PP propaganda estimate $7.5b.
$1b was given to OAS before work started.
Hway was supposed to be finished by March 2015, extended to May 28th 2016 :D
Only 49% complete :(
PP extended their contract on PP's last working day in office (Sept 4 2015) when they could have fired the bankrupt contractor, against NIDCO's advice.
Works downgraded from 8 to 4 interchanges in lieu of roundabouts and Siparia to Mon Desir from 4 to 2 lanes. OAS payment unchanged.
New price tag +$8b

Cliff notes stating only a little less than half complete,at what ever price,how come pee on them price is twice the price that THEY were complaining about now?more money for them to steal?should have left oas to finish it then ?

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Re: San Fernando to Point Fortin Highway

Postby brams112 » May 5th, 2016, 6:00 pm

Habit7 wrote:Remember kids, Kamla has a plan!

Highway Headache
Published on Apr 1, 2016, 3:41 pm AST
Updated on Apr 1, 2016, 3:45 pm AST
By The Multimedia Desk


GOVERNMENT revealed in Parliament on Friday that the Solomon Hochoy Highway extension project was less than half complete, that the contractor OAS Contructora had been paid $1 billion before they even began work, and that despite seeking backruptcy protection, the Peoples Partnership administration extended their contract on the last working day before the September 7 general election last year. The Government wants the Integrity Commission to investigate, and will be exploring legal aciton against OAS Contrutora. The following is the statement delivered by Minister in the Ministry of the Attorney General and Office of the Prime Minister Stuart Young -

Madame Speaker I have been authorised by the Cabinet to make the following statement on the Highway to Point Fortin.

Madame Speaker the process for the construction of this Highway was initiated by the previous PNM Government, through the invitation of tenders in early 2010. However, although tenders were received in April 2010, the contract was not awarded by the PNM prior to the May 24 General Election since the bids received were significantly higher than the engineer’s estimate of TTD$3.6Billion.

However, on March 4th, 2011, the former government, through NIDCO, awarded a Design-Build Contract to a Brazilian firm Construtora OAS SA (“OAS”) for the lump sum of approximately TTD$5.2Billion, or $1.6 billion more than the engineer’s estimate. This Contract was governed by the FIDIC Yellow Book.

A major benefit of utilising FIDIC terms and conditions is that, the terms and conditions are standard and internationally recognised. A party should only, with very good reason, amend the standard terms and conditions of FIDIC.

Despite this, the former government changed the standard and accepted advance payment term from 10% to 20%. This upward amendment resulted in OAS receiving approximately, TTD$856million, as opposed to TTD$428million as an advance.

Another major issue at inception was that all payments made to OAS for activities under the Letter of Intent, which totalled TTD$236.4million, should have been deducted from the Advance Payment. However, these sum were not deducted.

So even before construction began, the former government provided OAS with over TTD$1Billion of taxpayers’ funds.

This project should have been completed in March 2015. It was a 4 year contract, to provide a 4-lane divided highway with full grade separated Interchanges. It included 8 such Interchanges as well as 8 river bridges. It is still far from completion.

Madame Speaker, rather than utilise low interest rate funding for this Billion dollar project from a multilateral lending agency, such as the IDB, the former government paid OAS, and others, via cash transfers from the Ministry of Finance, up to 2014, putting a strain on the Country’s available cash.

Five years later, over TTD$5 Billion have been spent with only 49% of the construction being completed by OAS. This despite the UNC government telling the population, over and over, that it was on budget and on time.

In fact, the contract was in trouble from the start and OAS began to run into serious difficulties early in 2015. They defaulted on paying subcontractors and were late in paying workers. Their difficulties continued with worsening effect and they subsequently demobilised in December 2015, with the site being almost completely abandoned. They have not returned to work since then and there have been protests by workers for non payment of salaries, lawsuits by third parties and repossession of equipment.

Against this backdrop, OAS filed for Judicial Reorganisation in Brazil on the 31st March, 2015, whereby it sought bankruptcy protection. In law, and under the contract, OAS was considered to be bankrupt from March 31st, 2015.

By March 2015, therefore, the project was in dire difficulties and the former government should have been pursuing ways and means to terminate the contract with OAS to protect the public interest. Under FIDIC there are various ways to terminate, with varying degrees of complication and potential litigation.

However, virtually all commercial contracts allow for automatic termination upon a party declaring bankruptcy. Under the FIDIC contract, the UNC government could have, and should have, immediately invoked Clause 15(2)(e) and terminated OAS on the ground that it was bankrupt. This is probably the simplest and least contentious form of termination under FIDIC and OAS would not have been able to make any justifiable claim against the Government for wrongful termination.

However, what we discovered upon review was that, on September 4th, 2015, (that is the last working day before the general elections of September 7th, 2015,) the UNC government, rather than use this opportunity to terminate the contract in a clean, cost-effective and non-contentious manner, secretly entered into a written agreement with OAS whereby the government waived the ability to terminate the contract on the grounds of OAS’ bankruptcy. Instead, on September 4th, 2015 the UNC government, reaffirmed in writing, their desire to keep a company that was bankrupt in Brazil, as their preferred contractor for the Point Fortin Highway. This was done against the advice of NIDCO’s consultants.

On September 4th, 2015 the former government entered into a written agreement with OAS called Contract Addendum No. 2 whereby they expressly recognised that OAS was bankrupt, and stated, that they could invoke Clause 15.2(e) of the FIDIC contract immediately terminating the Contract. However, despite this, they proceeded secretly to give up this right of termination and waived all claims against OAS, thus releasing and discharging OAS from any liability to Trinidad and Tobago.

This action by the UNC government the day before a General Elections, requires an immediate investigation. They must now account to the population and explain why it is that they threw away the cleanest, easiest, most cost-effective and simplest opportunity to have terminated OAS.

Additionally, Madame Speaker, they also removed from OAS’ responsibility substantial sections of the Highway, with an intention to award the construction of these parts of the Highway to other contactors, at an additional cost to the taxpayer.

They removed 26% of the Highway works, worth $1.5 billion, from OAS’ contract, but surprisingly, still agreed to pay OAS $5 billion for the reduced scope of works that remained with OAS. They also agreed to a new completion date of May 28th, 2016, one year after the original completion date.

To summarise, on September 4th, 2015 when OAS was in bankruptcy, and was experiencing severe difficulty in meeting its obligations to local suppliers, subcontractors and its workers, rather than terminate OAS, the former government agreed to allow OAS to continue with the contract, for roughly the same sum they were originally contracted for, i.e. $5Billion. The UNC government went further, and burdened tax payers with the additional expenses of over $2 billion to pay new contractors to complete the portion of the Highway excised from OAS’ contract.

Further, in a curious attempt at what they have described as “value engineering”, they also removed 4 interchanges and replaced them with roundabouts and reduced 4 lanes to 2 lanes on the Siparia to Mon Desir segment of the Highway. So whilst the value of the product was being significantly reduced by the removal of interchanges and lanes, the costs were escalating. The estimated cost to complete the Highway is now in excess of $8 billion.

Because this decision to waive the right to terminate a bankrupt contractor is so blatantly wrong, it is the Government’s intention to request that the Integrity Commission investigate this travesty as there appears to be a breach of section 24 of the Integrity in Public Life Act, as persons performing their functions and administering public resources for which they were responsible, did not do so in a cost-effective or efficient manner. In fact, on the face of it, Contract Addendum No. 2 has the distinguishing features of a conspiracy which may require the attention of the law enforcement agencies.

In the interim, this Government is working towards the most cost effective solution to complete the Highway in the shortest possible time and we are also exploring all legal options available with respect to OAS and this contract.

http://www.trinidadexpress.com/20160401 ... y-headache


Cliff notes:
Engineer's estimate $3.6b, contract estimate $5.2b, PP propaganda estimate $7.5b.
$1b was given to OAS before work started.
Hway was supposed to be finished by March 2015, extended to May 28th 2016 :D
Only 49% complete :(
PP extended their contract on PP's last working day in office (Sept 4 2015) when they could have fired the bankrupt contractor, against NIDCO's advice.
Works downgraded from 8 to 4 interchanges in lieu of roundabouts and Siparia to Mon Desir from 4 to 2 lanes. OAS payment unchanged.
New price tag +$8b

Cliff notes stating only a little less than half complete,at what ever price,how come pee on them price is twice the price that THEY were complaining about now?more money for them to steal?should have left oas to finish it then?

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Re: San Fernando to Point Fortin Highway

Postby The_Honourable » June 2nd, 2016, 11:16 am

Update on Highway:

OAS not terminated, says Nidco
By Clint Chan Tack Thursday, June 2 2016

WHILE the Solomon Hochoy Highway project continues to be plagued by many problems, National Infrastructure Development Company (Nidco) Deputy Chairman Stephen Gardiner yesterday told members of the Public Accounts (Enterprises) Committee that Brazilian contractor OAS Construtora (the project’s main contractor) has neither been terminated nor suspended from the project.

The committee also heard from Nidco officials, during a public hearing at Tower D of the Portof- Spain International Waterfront Centre, that of the $5.2 billion budget for the project, a total of $3.7 billion has been spent to date and 61 percent of the project has been completed. In response to questions by Caroni East MP Dr Tim Gopeesingh, Gardiner said, “OAS was supposed to start back working on the project on January 5 (2016).

They have not done so in any substantial way.” He continued, “OAS appears to have severe financial and internal issues.” Gardiner explained that “OAS, at this point in time, is not demonstrating that it is capable of continuing the project.” Stating the relationship between OAS and Nidco is at a “critical stage”, Gardiner said no work is happening on the project and both companies are attempting to work through the issues. He added, “OAS is under obligation to finish the project.” With respect to payment, Gardiner explained that Nidco does not owe any interim payment contracts to OAS. He said Nidco does not negotiate contracts with anyone.

Works and Transport Minister Fitzgerald Hinds expressed concern about not hearing any information about monies “paid in rents to persons who were in occupation of lands for that Point Fortin Highway.” Hinds said it was a fact that Nidco paid “almost $25 million in rents and still faces demands for rents, for persons who have either squatted on those lands, in anticipation of the process coming through there, or bonafide owners who would have been paid for their lands.” Gardiner disclosed that while Nidco had a budget of $700 million for land acquisition and $517 million from that budget has been spent to date, land acquisition for the project is incomplete and has not been properly executed. Under the former People’s Partnership (PP) government, former prime minister Kamla Persad-Bissessar chaired a special ministerial committee that was supposed to deal with issues pertaining to the Solomon Hochoy Extension Project.

Government Senator Foster Cummings questioned why a sum of $389 million paid to OAS for delays and about the absence of information on these delays.

Responding to additional questions from Cummings, Gardiner confirmed that changes were made to the design of the project under the last Nidco board. These included the removal of the controversial stretch of the highway from Debe to Mon Desir (which prompted a hunger strike last year by Highway Re-Route Movement leader Wayne Kublalsingh); the removal of certain interchanges and their replacement with roundabouts, and reducing the road from Siparia to Mon Desir from four to two lanes.

Gardiner added that the Debe to Mon Desir section of the highway “had to be put back in.” Committee chairman, Opposition Senator Wade Mark, advised Nidco officials to submit a detailed report to the committee so that the problems being experienced with the highway project would not be replicated in the future. Upon hearing the responses given by Nidco officials, Hinds said he was “relieved and thankful to God” for their answers. He said he was confident Nidco would now be “a sturdy ship that is unlikely to flounder in the water rough or smooth going forward.”

Source: http://www.newsday.co.tt/news/0,228600.html

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Re: San Fernando to Point Fortin Highway

Postby TriP » July 3rd, 2016, 10:33 pm

July 1st 2016

The Solomon Hochoy Highway to Point Fortin extension would have been close to completion today, had it not been for the actions of the Highway Re-route Movement.

This according to former president of National Infrastructure Development Company Limited (Nidco) Dr. Carson Charles who said that the protest action by the Highway Re-route Movement resulted in a 14-month delay in the land acquisition process. The actions of the HRM caused a delay in the ability of the engineer to hand over project to the contractors to begin construction, said Charles.

The highway project, which has been stopped by the Government, had an initial cost of $7.5 billion. The now bankrupt Brazilian construction company OAS Construtora was charged with responsibility of overseeing the project which began in 2011 under the Peoples Partnership administration.

Charles said: “They (Highway Re-route Movement) are the single largest factor to slowing down the acquisition process, in the delay of the acquisition”. According to Dr. Charles, another factor which caused a delay were the development of the Petite Morne and Picton areas in south Trinidad, which he said was resolved through a rental agreement. Charles could not say how much the delays cost.

He said: “The Highway Re-route Movement significantly affected the acquisition process and they slowed down the acquisition of the lands with protesting and chasing people away. As a result of which the site could not be handed in to the contractor and therefore the engineer had to grant the contractor a 14-month extension for the project”. Leader of the HRM Dr Wayne Kublalsingh said the project was a flawed project from the beginning and claimed responsibility for the delays. Kublalisnhg, who twice went on hungr strikes to force the then government to change the route, said the delay in the acquisition process was for the Debe to Mon Desir segment of the highway and not for the entire project. “Yes we did cause the delay in the acquisition process. It is a fraud project”, said Kublalsingh.

He said there is a need for an independent forensic audit into the project. He said: “We need to have a forensic independent audit because you have different sides saying different things, so we can see where the millions of dollars have gone astray and to ask why they have ignored all these warnings”. Kublalsingh also called for Charles to answer questions on the project as Nidco was the chief body responsible for the project. Kublalsingh said the highway project should be completed but there should be a review of the Debe to Mon Desir segment. Kublalsingh went on a 21-day hunger strike in protest against the highway in November 2012 and another in September 2014.

http://www.trinidadexpress.com/20160701 ... m-protests

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Re: San Fernando to Point Fortin Highway

Postby TriP » July 3rd, 2016, 10:36 pm

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