Agreement

This Article of Agreement made at Mumbai, this _________ day of

__________ Two Thousand and __________Between M/s. VARDHMAN
DEVELOPERS LTD., having their registered office at 113, Commerce
House, 140, N.M Road, Fort, Mumbai- 400 023 and Corporate office
at 58/64 Hari Chambers, 1st Floor, Shahid Bhagat Singh Marg, Fort,
Mumbai 400 001 of One Part
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And
_____________________, a partnership firm having their place of
business

at

__________________________________hereinafter

called

Contractor of other part

WHEREAS:
A. The developer is desirous of completing the construction and
finishing of the extension of the (8th to 20th Flosaid nallah as
approved by the civic bodies leading to the the property
bearing

CTS

No.

__________________________________(hereinafter referred to as
the said property).The work is to be completed in two phases
. Phase 1: Section 1-1 and Section 2-2 including the
cantilever projection . projection. Phase 2: Section 3-3 ,the
retaining wall
B. The Contractor has approached the Developer and after going
through Plans, Sections ,Sections, Elevations, Structural
Drawings has agreed to construct the said property nala
extention work within 1 Months from the execution hereof on
the terms and conditions hereunder mentioned. including
steel , all other labourlabor and material required for
scaffolding, shoring of the road, R.C.C. Civil Work, Parapet
Wall ,Sleeves for Anchoring ,Weep Holes, Painting of the
Retaining wall and structure as specified, providing filter
media and any other work mentioned on the drawings
attached in Annexure B.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED

BY

AND

BETWEEN

ASFOLLOWS:
2

THE

PARTIES

HERETO

1. For the consideration hereinafter mentioned the Contractor will

upon and subject to the terms and Conditions hereunder
complete the said property Phase 1in1 months (time being
essence of the contract) from the date of execution hereof as
per the plans shown to the Contractor.

The Contract shall include the following Work

PART A: CIVIL WORKS
1) The Contractor will carry out the Civil and Finishing Work as
per Plan in the best workman ship quality.
2)
3) The Contractor shall Co-ordinate with Architect & R.C.C.
Consultant for detailed drawings etc.The Contractor to appoint
a designated Site Engineer and Team of Site Supervisors. The
site office to be arranged and managed by the contractor.
All the necessary documentation , stamped drawing , permits
to be occupied and maintained on site by the contractor.
4) All fall preventing precautions ,scaffolding, shoring

barricading of excavated area ,including the safe movement of

existing members staying in the adjoining building is in the
contractors scope.
5) The Contractor shall do proper shiringshoring, bracing ofb the
road side so that collapse does not take place even under the
movement of running vehicles. This is very important and
contractor shall take all possible precautions to avoid any
mishaps .
6) Entire R.C.C. work in sub structure as well as superstructure
including all shutteringall shuttering, lifting, cutting and tying
of reinforcement, concreting as per grades specified, curing. All
R.C.C. work (except Ready mix concrete) shall be machine
mixed and properly compacted by use of suitable vibrators as
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directed by the developers. All steel scrap to be collected

diameter wise in bins.RMC to be used a grade above the once
specified in the structural drawings.
7) During and till the completion of work flow of water in nalla
shoud not obstruct further any complaint from the SED
department shall be attend and solve by you.
8) During and till the completion of work Contractor should take
proper precaution to avoid stagnation of water. If any problem
arises from Malaria department contractor will handle the
same at his risk and cost. Pump required for dewatering of
water will be arranged by Contractor at his own cost.
9) Reinforcement Steel work including welding of Reinforcement
wherever required if Lapping of Steel bars found inadequate,
laying of sleeves for weep holes wherever required & Finishing
around it all in contractors scope . Reinforcement has to be
epoxy painted.
10)
Ply finishing in R.C.C. structure and slab. Contractor has
to maintain all inward level as per the SED department and
the given under the remarks issued by the department (copy
attached) contractor also have to maintain the free floe level
below the slab bottom before casting of extention of slab If any
discrepancy in level than contractor should finish it with
plaster as per chief engineer decision. Entire RCC work in
plastic coated ply.
11)

Curing for R.C.C structure and slab is an essential

requirement and proper curing shall be done as per norms

and as required by the site engineer. In case at any stage of
work, curing is found insufficient site engineer has right to
stop the work.
12)

Chemical coating other than the waterproofing work that is in

13)

contractors scope, applied at the agreed cost by contractor.

9 B Diversion of water in Nallah by way of coffer

14)

dam_____________ is in Contractors scope.

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15) Regular cleaning of construction premises once a week during

the construction .
16) The Contractor shall be responsible for casting and curing of
concrete cubes (min 12 nos) and assisting our Project Manager
for testing the same from approved laboratories and cleaning of
cubes moulds, as frequently as required. Contractor shall
provide Safety helmet must be worn by labour and safety belt to
be used for external working.
17) Excavation, soling and P.C.C. in nallah area as specified on the
drawings. For excavation measurement shall be as per drawing
plus working space required as agreed mutually in advance.
18) Safety Barricading and necessary protection to ensure the
safety of pedestrians is in Contractors scope.
19) Insecticide treatment for the plinth and open space to be carried
out by contractor
20) Proper Safety measure for each and every labour, mason,
carpenter, fitter, in short for each and every type of worker
including supervisor and Engineer shall be taken by the
Contractor. Use of helmets, safety belts, Radium jackets is a
must and compulsory.
21) Steel wastage should not be more than 4%, if it exceeds then it
is to be debited to Contractors account.Steel actually useds
will be cslculatedcalculated including lapping length
22) Labour Insurance to be taken before starting of work. The
Developer at no stage of work responsible for the accident, if
any. The copy of the same should submit to the office before
starting of work.
23) Contractor will be solely responsible for the accident, theft, and
loss of life, fire and/or any other such event that happens on
the site. Contractor further agrees to solve all the matters
occurring during the construction period without bringing the
Developer in the picture at his own cost.
24) Repairing of improper work if required by breaking is in
Contractors scope.
25) All patchwork if any to be done finally before handover.

26) All required formalities for getting material up to the site will be
done by Contractor and Contractor solely will handle the local
problems if any.
27) A) Drinking water shall be supplied at one point. Construction
purpose water shall be supplied upto the temporary U.G tank
to be constructed by the contractor at his cost. Arrangement
for the lifting of water up shall be done by contractor.
B) Electrical connection will also be made available at one point
and arrangement for taking it upstairs further shall be done by
contractor. No direct connection will be allowed. Proper safety
measures shall be taken while distributing the power so that no
accident occurs. Each Floor shall be lighted properly.
C)
Contractor shall do the work in phasewisephase wise
manner as suggested by the Engineer in charge.
28) Contractor shall submit the bill as per different stage of work
and retention money at 5% will be deducted from each bill.
However 2 % will be released on completion of building and
certificate regarding that obtained from architect or Site
29)

Engineer.
Contractor has to take photograph of work at all stage level and

30)

shall submit along with the final bill.

Required toilet arrangement for the labour with proper
drainage arrangement shall be done by contractor and same

31)

shall be maintained in clean state.

In short, whether mentioned above or not, Contractor will carry
out the entire Civil Work at the rate agreed in Annexure 1.
Contractor has seen the Plan, Section and the area shall be
calculated before starting the work , JMR will be taken at each

32)

milestone and get certified from Architect/Engineer.

No concreting is to be done at night however in case of
emergency it can be allowed with the consent of site engineer
and only after due precaution taken by contractor.

2. Basic rates and other conditions

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RMC up
M15 - Rs.________/Cu. M
M40 - Rs.______/Cu.

Penalty & Bonus

If the contractor fails to complete the said building and clear the site
within _______months days fromdays from execution hereof, in that
event the Contractor shall without prejudice to any other right or
remedy available to the Developer under the law, will pay a sum of
Rs. 3,00,000 ____________/- per month day as and by way of penalty
to the Developer till the said building work

iswork is completed.

Delay if from the Developer side shall be brought in notice of site

engineer and Developer and grace period for the same delay will be
considered.
3. termination of Contract:
Notices in writing by the Developer terminating the contract in any of
the following cases:

i)

if the contractor fails to rectify/replace the defects in spite of

bringing to the notice by Engineer in-Charge

ii)

If the contractor suspends the work or there is no progress

and/or improvement in performance even after notice and the
Developer is of the opinion that the Contractor will be unable to
complete the construction of the said building.

iii)

If the contractor neglects to carry out his obligation under the

contract and / or commits defaults in complying with any of

the terms and conditions and does not remedy if even after
bringing to notice.

iv)

If the contractor fails to complete the work within extended

period
Then in that event, the contract will be terminated at the sole
discretion of the Developer and the Developer will be entitled to
after giving notice to the contractor measure up the work done
by the Contractor and complete the balance work by another
contractor. Further for completion of the balance work by the
another contractor any additional costs, charge or expenses
which may be incurred in excess of the costs charges and
expenses agreed hereunder, will be borne and paid by the
contractor or will be deducted from dues payable to the
Contractor.

4. Extension of Time:

If in the opinion of the Developer the construction of building is

delayed due to:
(a) By reason of any exceptionally inclement weather,
(b) By reason of instructions from the Developer
(c) By reason an order of stay for the construction of the said
building by any court or concerned authorities
(d) By reason of any approvals to be obtained
(e) For other causes which the Developer may consider are beyond
the control of the contractor, the Developer shall make fair and
reasonable extension of time for completion of the said building

IN WITNESS WHEREOF the parties hereto have hereunto set and

subscribed their respective hands and seal the day and the year first
hereinabove written.

Signed Sealed and Delivered

By the within named

)
)

DEVELOPER
M/S VARDHMAN DEVELOPERS

LIMITED
In presence of
1.
2.

)
)
)

Signed Sealed and Delivered

)
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By the within named

CONTRACTOR
)
)
)
)

In presence of
1.
2.

10

______________________________________
Dated ___ day of _____, 201_
____________________________
__________

M/S VARDHMAN DEVELOPERS LTD.

. . . DEVELOPERS

AND

CONTRACTOR
______________________________________

AGREEMENT
______________________________________

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