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ARTICLES OF AGREEMENT

Made at Dated “OM SAI ENTERPRISES’’ its office at“SHOP NO. 14, VISHWAKARMA NAGAR,
60 FEET ROAD, NEAR IDBI BANK VASAI (WEST), PALGHAR” (hereinafter called “The CONTRATOR”
of the ONE PART)

AND

ASHWIN CO-OP. HSG SOC LTD, Plot no. 34 , Deewanman village ,Vasai (w) (hereinafter called “The
EMPOLYER” of the ONE PART)

Whereas the employer being serious of carrying out the external & Internal structural repair work &
Replastering, painting work, crack filling, patch plaster, pump house repair, terrace water proofing,
Overhead water tank repair, raising level of underground water tank upto 2 ft. , Repairing of Building
entrance ramp, Parking Shed, for ASHWIN CO-OP. HSG SOC LTD. , VASAI (W)

AND WHEREAS the said work, the specification, the schedule of the quantities and rates relating to
the works have been signed by the parties here to WHEREAS THE contractor has agreed to execute
upon and subject to the conditions set for the herein (hereinafter) referred to as “ the said
specifications and included in the said work and / or described in the said specification and included
in the said Schedule, General and Specials Conditions referred to as the said contract Amount and
which sum is estimated to be Rs. 9,50,000 /- (Nine lakhs fifty thousand only) inclusive of GST and
other applicable taxes.

NOTE: THIS AGREEMENT WITNESSETH AND it is hereby agreed by and between the parties hereto
as follows:
In consideration of the Said contract Amount to be paid at the time manner set forth in the
said conditions and the General and Special conditions execute and complete the works
shown the said specification and schedule set out as “ANNEXURE-1”

I)Terms and conditions

1. The employer shall pay the contractor by the said contract amount or such other
sum as shall under the conditions become payable at the time and in the manner
hereinafter specified in the said conditions.
2. Tender documents containing the said conditions and also General and Special
conditions, the specifications, schedule of Rates shall be read and construed as
forming part of this Agreement, and the parties hereto shall respectively abide by
and comply with same and perform the obligation required to be performed by them
under the same.
3. Time shall be the essence of this agreement and the Contractor hereby agrees to
commence and to complete the entire work in the period as specified in the Tender
Documents. Though the work is to be carried out expeditiously the workmanship by
the contractor shall be of high quality as per relevant is Specification / Tender
specification.
4. This agreement and Contract shall be deemed to have been made in Vasai, Dist.
Palghar and any question or dispute arising out of or in any way connect with the
Agreement and contract shall be deemed to have arisen in Vasai Palghar and only
appropriate court in Vasai and/or Palghar Dist. Jurisdiction to determine the same.

Signed by:

1. For OM SAI ENTERPRISES (THE CONTRACTOR)

RAMESH PAWAR WITNESS: Name & Address


(PROPRIETOR)

2. For ASHWIN CO-OP. HSG SOC LTD (THE EMPLOYER)

(HON. SECRETARY) (HON.CHAIRMAN)


(HON.TREASURER)

Place: Vasai
Date:
ANNEXURE -1
I) TERMS & CONDTIONS:

Civil Work / Double Plastering work

1. Cleaning of entire building’s exterior wall with pressure machine and Cracks in the
external wall of the building to be opened in ‘V’ Groove shape (upto 4mm width)
with the help of grinder and filled with Ultra tech Cement and superior quality of
waterproof chemical treatment or crack seal with SIKO powder mixed with DR FIXIT
& sunanda chemical.
2. Providing & Applying External Polymer Modify morter upto 25mm thick for chajja, balcony,
beam, column, Slab fins, porch etc. including breaking of damage concrete to main rebars
with chisel & light weight hammer, applying two coats of rust removal after cleaning the
rebars with wire brush & applying coat of passivator as per technical specifications .
3. Providing & Applying External Double coats sand face plaster in 1:3 cement mortar
proportion for backing coat & 1:4 for finishing Coat with 250 ml paster master
chemical in 50 kg bag cement
4. External and internal column and beam work with polymer treatment
5. Steel Rod support to be given while double plastering of beam and column of
building to avoid any kind of damage to building.
6. Removal of all lose plaster and repairing damage window chajjas with new double
plaster along with polymer treatment which includes metal jail and chemical on
required places on the exterior walls.
7. Cleaning of all parfait walls on the terrace with crack filling with cement and
chemicals
8. Providing Kaddapa fixing and Replastering on terrace Parapet walls.
9. Once coat of white cement with two coat of Dr. Fixit true Coat for water proofing
treatment on entire terrace along with exterior of overhead water tank.
10. Fixing all drainage/water pipes on the exterior walls where pipes cost will be incurred
by contract as per agreed quotation.
11. Raising level of underground water tank upto 2 ft
12. Removal of grown trees from the exterior of walls with the chemicals.
13. Parking shed work will be done by contractor at his cost.
14. Repairing of building entrance ramp by installing iron jail sheet with double
plastering.

PAINTING WORK

1. Contractor will Erect Scaffolding to the whole building Premises.


2. Cleaning by high jet spray and water complete outside the surface.
3. Providing and applying 1 coat of entirely water primer. (Asian apex/Nerolac Excel
paint) outside the surface.
4. Apply 1 coat of white cement on all exterior walls and Double coats of ASIAN PAINT
OR NEROLAC Excel water proof paint on entire building along with building boundary
walls, gates and shutters.
5. Painting of stair case premises with birla wall putty and plaster of Paris, Distemper
double coat painting with one stripe of oil paint in entire stair case premises from
ground floor till terrace.
6. Oil paint with red Oxide on all grills on the windows and balconies of the entire
building and along with oil paint on all wooden windows of society.
7. Painting of Building common gate and boundary walls from inside and outside.

8. One Coat Water proof Primer and Double Coat painting of ASHIWIN CHS LTD up to
the Parapet level and the overhead water tanks and Brand of the paint should be
mentioned in the quotation, preferably waterproof “ASIAN APEX & NEROLAC EXCEL
PAINTS” for the external walls desired with the existing colour combination of the
building.

“ASIAN OR NEROLAC PAINTS DISTEMBER PAINTS” (Stair cases area)

1. Any extra item which has not been considered in quotation will be charged extra.

Escalation: The rates quoted by the Contractor and accepted by the Committee, shall
hold good till the completion of work. No additional/individual claim shall be
admissible on account of fluctuation in market rates or increases in taxes, levies etc.

II) GENERAL TERMS & CONDTIONS:

1. Before painting, there should be complete removal to the roots protruding plants
on the walls if any and filling the cracked surfaces & gaps by treating with cement
concrete & superior quality water proofing chemicals.
2. Preliminaries such as scraping, cleaning and washing the wall thoroughly should
be adhered to the satisfaction of the Managing Committee.
3. While Carrying out the work, if any damage is cause to any part of the building, it
should be rectified by the contractor at its own cost.
4. The Contractor shall not assign the contract or sub-let portion of the worth to
other agency without written permission from Managing Committee.
5. The Contactor will be provided with an open space for storage of materials.
However, it will be Contractor’s Sole responsibility to look after the same and no
claims shall be entertained from him in case of wastage misuse or pilferage or
stolen of materials.
6. All charges for water and electricity to complete the work shall be done by the
society

7. The contractor will appoint for full time supervisor on the site till the completion
of work. The site contractor will report day to day progress of the work to
society/Managing committee and will be responsible for the quality of work. The
Supervisor should also ensure that unnecessary wastage of resources provided
by the society to be avoided.
8. The completion of work will be include clearing the debris away from the site,
removing bitumen’s if any removing strains of cement, paint, dirt etc. from
floors, doors windows and other surfaces. The contractor will clear the premises
of society completely within 10 days from the date of virtual completion of work.
9. Period for completing the work will be 90 days from the date of commencement.
10. Any damage cause to any existing part of building or any personal property of
any members of society or any injuries to any person will be totally at contractor
risk and the same shall be rectified by contractor at his own cost.
11. The contractor to note that the work is to be carried out in the existing occupied
buildings, hence are should be taken to cause minimum inconvenience to the
members of the society. The contractor shall be allowed to work in the premises
from 9 am to 7 pm. While carrying out the work, above the flats, in common
passage and/ or corridor contractor shall strictly take a note that no disturbance
should be done to the flat owners, or any other person passing by in front of
residing area
12. The contractor shall provide safety belts, helmets, safety nets to all its workers
and should adopt all necessary measures for its workers.
13. The contractor obtain “Comprehensive All risk policy “ to cover the damage to
and loss of property/life as under
a. Society building including all adjacent building compound walls sewer
lines telephone and electric cables etc for full reinstatement value against
all risk during work in progress
b. Injuries loss to person belonging to the contractor workers, staff of any
person
c. Life policy/compensation covered under the “Workmen’s compensate
amended Act” on account of Injury/loss of life to all workers belonging to
contractors Organisation.

14. After completing the work the contractor should ensure there is no leakage on
the inside of any of the flats of residents in subsequent monsoon/rains.

15. OM SAI Enterprise hold the rights to sell of all the scrap materials extracted from
the society premises on executing above mentioned.
III) SCHEDULE FOR WORKS COMPLETION AND PAYMENT:

Below work will be carried out simultaneously and we cannot give any time frame for any Specific
work mentioned below, but we take the responsibility of completing all the mentioned said work
within 90 days from the date of agreement.

Schedules Works Schedule incorporated Payment- Schedule

Schedule -1 1. Bringing necessary materials required for Erection of the 20% Advance of the total contract
scaffolding to start the work. value of Rs, 9,50,000/- i.e. Rs.
2. Cracks in the external wall building to be opened and 1,90,000/- (One Lakhs ninty
filled with superior quality of cement and water proof thousand Only)
chemical treatment or crack seal with SIKO power mixed
with DR Fixit chemical (under As per Completion of work)
Schedule -2 3. Second payment will be required after finished of 30% of the total contract value
complete Crack Filling work 2,85,000/-

Schedule -3 4. Raw material External Paint NEROLAC Excel Paint payment 30% of the total contract value
to be required 2,85,000/-

Schedule -4 5. Payment to be made after completion/Finished of the 10% of the total contract value
work 95,000 /-

Schedule -5 6. Retention amount will be paid after 6 month 10% of the total contract value of
Rs, 9,50,000/- i.e. Rs. 95,000/-
(ninty five thousand only)

IV) Warranty:

1) The contractor –“Om Sai Enterprises” agrees to give the warranty of


Seven Years only for the external Painting Work from the date of
completion.

“OM SAI ENTERPRISES” will not be liable to repair any Exterior paint
damage done by the individual or by the plants kept on the window wall
not be covered under the guarantee.

After completing the work, the contractor should ensure there is no


leakage on the inside of any of the flats of residents in subsequent
monsoon/rains or the same will be covered under warranty.
V) PENALTIES:

Period for completing the work will be 90 days from the date of
commencement. The managing committee may consider imposing fine of Rs
0.1% per day for over and above 90 days of the total contract value on the
contractor if avoidable delay is occurred.

VI) GENERAL:

1) All Payments will be made by crossed cheques.

2) The Contractor has to display the samples of the colors and final
selection of the colors will be sole decision of the Managing Committee.

3) In case of any breach/violation of any stipulated In this agreement, the


society is free to terminate the contract at any stage and the balance
remaining work get don through some other agency and the amount
paid to other agency to complete the work shall be deducted from the
contractor’s bill

4) An Agreement enumerating the above conditions should be executed in


1 Set on 100 Rupees Stamp Paper after acceptance of the work order. All
disputes concerning this agreement are subject to jurisdiction of the
courts in Vasai & Palghar District.

Signed By:

1. For OM SAI ENTERPRISES (THE CONTRACTOR)

RAMESH PAWAR WITNESS: Name & Address


(PROPRIETOR)

2. For ASHIWN CO-OP HSG SOC LTD (THE EMPLOYER)

(HON. SECRETARY) (HON.CHAIRMAN)


(HON.TREASURER)

PALCE : VASAI

DATE:

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