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MEMORANDUM OF UNDERSTANDING
Articles of agreement made at Aurangabad on 07 / 03 / 2010 between

MR. HARISHBHAI SONI / MR.DINESHBHAI SONI

Having its residence at Samarth nagar, Aurangabad. (Here in-after referred to as THE OWNER of the one part) and ________________________________________ ________________________________________ ________________________________________ (Here in after called the CONTRACTOR of the other part). WHEREAS the owners are desirous in construction of Jewellery Showroom, on Plot bearing C.T.S. no. 13161/1, Rokada Hanuman colony, Aurangabad. And have caused drawings and specifications describing the work to be done prepared by ARCHITECT. M/S.ALKESH GANGWAL & ASSOCIATES 45, NIRALA BAZAR; AURANGABAD (Here after referred to as the CONSULTANT) AND WHEREAS the contractor has agreed to execute upon and subject to the conditions set forth here in here after referred to as the SAID CONDITIONS, the work shown upon the drawings and specifications and priced schedule as per slab area mentioned in which forms the integral part of the present agreement.

Signature of Contractor

Signature of Owner

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NOW THEREFORE THIS AGREEMENT WITNESSETH

1.

In consideration of the payment to be made to the contractor as hereafter provided he shall upon and subject to the said conditions execute and complete the work of the said building at ROKADA HANUMAN COLONY, AURANGABAD shown upon the said Drawings and such further detailed drawings (Annexure II) as may be furnished to him by the consultant. All work to be carried out as per attached Architectural working detail drawings, (drawing no: WD/101 to WD/156A) & along with structural drawing no :( STR/00 to STR/30). Work inclusive of Raft slabs, Retaining walls, R.C.C wall, Plinth Beams, Beams, Slabs, Sunken Slabs, Column Footings, Columns, Lintel Beams, Lift Well, Lift Machine Room etc. external double coat plaster, internal plaster, brick work, Strong room walls, Water Proofing (Brick Bat Coba, Box type water proofing, China Mosaic Tile etc.) Rain Water Catchment Sump etc. All fabrication work pergola & window grills. (Except glass window work/ window etc.) This quotation is also inclusive of external landscape as per attached detail working drawings (drawing no: LP148/000 to LP148/800).Work inclusive of Civil Works, compound wall, underground water tank, (Domestic water tank, fire fighting water tank, Rain water harvesting tank, Irrigation Tank) and also other Landscape civil elements. Excavation shall be extra, contractor to submit separate bill for the same as per actual measurement, rate shall be as per annexure III.

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5. The owner shall pay the contractor such sum as shall become payable hereunder at the relevant times and in the manner specified in the said conditions against the certificate for payment issued by consultant based on the work executed and measured, if necessary by taking joint measurements.
6.

The proposed work is situated at Plot bearing C.T.S. no. 13161/1, Rokada Hanuman colony, Aurangabad.

7. The Contractor is expected to visit the site for the purpose of information regarding the site conditions relevant to the completion of the work. 8. The contractor shall furnish all labor, materials tools and machinery necessary for the execution of the work.
9.

The contractor should employ only skilled and experienced workers for the construction work. Any differences or disputes shall be referred to an Arbitration jointly agreed upon by owner & contractor.

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Signature of Contractor

Signature of Owners

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Any type of work, rework which is not specifically covered in the drawings and or specifications shall be executed only after obtaining the approval of the owner/consultant. The rate shall be mutually agreed/ confirmed upon before commencement of the work with the owner/ consultant. The contractor is required to keep technical personnel for supervision of work & security personal, shall be appointed by the contractor at work site during the construction period, up to the completion of work. The payment for the same shall be done by the contractor. Only good quality ISI materials should be used. The materials are to be approved by the consultant prior to commencement of work. Any substandard or defective materials will be rejected. Contractor shall take the separate insurance policy (contract all risk) of Rs. 50, 000, 00\-(Rupees fifty lacs only) commencing from the date of execution of work, the insurance for damages, losses, theft, and accidental death of labour and/or any person working at site for and on behalf of contractor. The contactor should handover the copy of said policy to owner. The validity of the insurance policy shall be up to one month after the completion of the work. The insurance premium shall be paid by the contactor.

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Only good quality river sand and machine crushed and graded granite stones of aggregate of approved specification should be used. Sand should be free from lumps, lives, dust and other impurities. It should be screened before use for all plastering and brick works. First class quality of brick (Srirampur) shall be used; the same shall be approved by the consultant. The owner and the consultant shall have the right to make certain changes in the building plan as the work is in progress, and the contractor should execute the same. Any work which is not part of the enclosed detail working drawings for which the rate shall be mutually agreed/confirmed upon before starting the work, with the owner/consultant.

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17. The owner reserves the right of having certain portions of the work carried out departmentally without prejudice to this agreement.
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Electrical, Firefighting, Plumbing and Sanitation work is not a part of this civil contract. Owner shall appoint separate contractor for the same. The contractor shall complete the work and hand over the building as per drawing to the owners within the period of 200 days (two hundred days) including of all seasonal changes except any natural unforeseen calamities like floods, earthquake etc, from the date of signing the agreement, as agreed upon as per annexure I, failing which, he should pay penalty at the rate of Rs.5, 000/- (Rupees five thousand only) per day as default to the owners as long as the work shall remain unfinished.

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Signature of Contractor 20. The owner shall have the right to terminate the contract if the contractor fails to execute the work as per the terms and conditions agreed upon.
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No advance payment will be made. Running bills amounting to a minimum of Rs. 5, 00,000/- (Rupees Five Lac only) & above shall be prepared and submitted to the consultant for approval on being completion of certain stages of work. The slab areas given in the schedule are as per drawings (WD/151 & WD/152) and the payment shall be effected as per the actual measured of slab areas on the completed work. The various items of work shall be completed as per the schedule of completion of work annexed herewith. ( Annexure -III) The contractor shall inform the owner and consultant at every stage of construction and obtain approval from the consultant/ owner. The owner shall supply construction materials like cement & steel. The contractor should give the list of materials to the owner at least one week in advance. The cost thereof shall be deducted from contractor value. The supplied material quantity shall be jointly confirmed by contractor & owner. Water and electricity to be supplied by the owner free of cost. The materials that will be supplied by the owner and handed over to the contractor shall remain in the custody of the contractor at site and he shall undertake the entire responsibility of the materials against damages, pilferages etc.

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The contractor shall inform and fix the date of site inspection with the consultant/ owner at least 3 days in advance.
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The contractor, at his own cost shall do rectification of any defective work which is not acceptable by the consultant. No additional payment will be made for the rectification work done. The work would be considered completed as per the specification and schedules agreed upon which includes the clearing of the construction site to the satisfaction of the owners. Glass work is not in the scope of civil contractor. Prior to execution of the work at site, in the event of any discrepancies or differences between any architectural drawing and other relevant consultant drawings shall be immediately brought to the notice prior to the commencement of the work.

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Signature of Contractor

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The rate to be quoted shall be INCLUSIVE OF VAT, SERVICE TAX AND ALL OTHER APPLICABLE TAXES/ or ANY OTHER GOVERNMENT TAXES; however TDS shall be deducted as applicable from contractors running bill. All the R.C.C. (Raft slab, Retaining walls, R.C.C walls, strong room walls, slabs, beams, plant bed, etc.) work should be carried out as per structural consultant drawings. The rate quoted shall be valid up to the completion of work. Installation of designer jali at elevation is part of this contract; however the designer jali shall be supplied by the owner. Any finishing material such as wall cladding, flooring, granite work, marble work, electrical, plumbing, sanitation, is not the scope of civil contractors work, however all types of water proofing is scope of this contract.(10 years guarantee, or the water proofing work shall be given separately by the contractor. The retention amount at the rate of 5 %( five percent) of the value of running bill shall be deducted & the same shall be refunded after the defect liability period of 90 days from completion of work. The contractor must go through all the terms and conditions mentioned above, & agree to all the detail, specification & general notes (dwg no: WD/102) as mentioned in the drawings. The same shall be acceptable to the contractor and undertake to complete the work, as per specification & instruction of the consultant as well as owner.

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APPENDIX 1. 2. 3. 4. 5. 6. 7. Date of commencement of work : Date of completion of work : Agreed liquidated damages : Retention percentage : Period of honoring certificates for payment: Defects liability period : Period of final measurements & valuations: 07/03/2010 27/09/2010 Rs. 5,000 /- Five thousand per day 5 % on every billed amount. 07 days. 90 days after completion of work Two weeks after completion.

The parties here to in witness whereof have set their hands on date_________.

Signed and delivered by the Within named owners. Signed and delivered by the Within named contractor.

Mr. Harishbhai Soni Mr. Dineshbhai Soni Mr.

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ANNEXURE-II 1. Detail Architectural Working Drawings as per Index no. WD/101 to WD/156A Total no of drawings 55
2.

Structural Drawings as per Index no. STR/00 to STR/30 Total no of drawings 27 Landscape Drawings as per Index no. LP148/000 to LP148/800 Total no of drawings 17

3.

Signature of the contractor

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ANNEXURE III Quotation/ Price Schedule The rate to be quotated for item no 2 shall be on slab area per square foot.
Sr.no 1. Particular/ Item Excavation Soft and Hard murum Soft rock Hard rock (by using chisels or pneumatic drills) Slab area (work includes as under): Soling, P.C.C, Back filling in murum. Box type waterproofing in Shabad stone below the raft slab. R.C.C Raft slab, lift shaft, walls, slabs, columns, beams, strong room walls, projections, staircase (excluding staircase in glass) ,window opening in RCC work. Brick work. Internal single coat plaster, External double coat plaster. Brickbat coba waterproofing, Box type water proofing, China mosaic work. Installation of designer jail & safety door at strong room. Compound wall, landscape work, water tanks (fire-fighting, irrigation, domestic and water harvesting). Fabrication works (pergolas and grill). All other items as per architectural, structural and landscape working drawings. Quantity 768.00 210.00 139.00 978.84* Unit Cu/mts Cu/mts Cu/mts Sq.mts Rate Amount

2.

TOTAL: AMOUNT IN RUPEES NOTE: 1.The rate quoted above shall be inclusive of all required material, labour all taxes and valid till completion of project. 2. The basic rate for cement & steel shall be as under: a) Cement Rs.225/- per bag 50 kg. b) Steel Rs.30, 000/- per metric ton. 3. *Area calculation as per drawing no WD/151 & WD/152.

Signature of the contractor