WORK ORDER

Reference: RSPL/Vendor/Block 10A/MS works/WO/ Date:

29.06.2022

Name of Contractor/Vendor: M/s VARTMAA IMPEX PVT LIMITED

Address: 246 A, FIRST FLOOR, NELSON MANDELA ROAD, OPP. VASANT VIHAR DEPOT,
MUNIRKA, NEW DELHI - 110067.
GST Number:

Kind Attention: Mr Soumesh,

Subject: Work Order for the MS Works at Block 10A, Connecting Bridge,
CSSH, Sharda University, Greater Noida.
__________________________________________________________________________________

a) NIT Issue dated : N.A

b) Pre bid Meeting held on N/A

c) Tender Submission date N/A

d) First Negotiation Meeting date N/A

e) Final Negotiation Date 29/06/2022

f) LOA to Contractor on date N/A

Dear Mr Soumesh,

This is with reference to your final negotiation dated 29.06.2022, regarding “MS
Works at Block 10A, Connecting Bridge” Sharda University, Greater Noida.

We, Rishav Shelters Private Limited (hereinafter referred as “Client”), are

pleased to award the Tender for a sum of Rs 85,44,800/- (Rupees Eighty-Five
Lacs Forty Four Thousands Eight Hundred Only) for said work to M/s
Vartmaa Impex Pvt. Ltd (hereinafter referred as “Contractor”), through this
Work Order for the works to be carried out as per the details of scope of work and
Bill Of Quantities enclosed herewith (Annexure-A). .

Given below are the terms and conditions:

1. AGREED TERMS & CONDITIONS:

 The scope of work shall be as per the items and quantities and their
respective prices & Makes as agreed upon and mentioned in Annexure - A
(“Bills of Quantities & Price Schedule”). The said scope of work
stipulates the item rates agreed between the parties. However, the order
value may be changed / altered on account of changed orders or increase /
decrease of quantities as per client’s requirements. The scope of work
includes Design of MS structure, its proof checking before commencement of
work, Fabrication and site installation in all respect.
We reserve the right to increase or decrease the scope of the work on any or
all items or to change the nature of the work involved in any or all items or to
completely delete any items of the work. You shall not be entitled to claim for
loss of anticipated profits, for mobilisation of additional resources, or for any
other such reason on account of these change orders.

2. CONTRACT SUM AND AGREED BILL OF QUANTITIES / PRICE

SCHEDULE:

The total contract sum is Rs 85,44,800/- (Rupees Eighty-Five Lacs Forty-

Four Thousands Eight Hundred Only) including all taxes, cess, duties,
charges, clearances, compliances, on site delivery, freight, application at all
height and levels, testing, warranty, incidentals, etc but excluding GST (GST
Payable as applicable) & Labour Cess, subject to your agreement to the
terms and conditions.

i. The above contract sum has been arrived on the basis of the agreed
rates as per Bill of Quantities and Price Schedule enclosed herewith as
Appendix-A.
ii. Average Base Rate (FOR Rate) of Material has been assumed as Rs
63/Kg however cost impact due for market fluctuation shall be
paid/recovered as per actual procured supporting Invoices.
iii. Client has liberty to procure & supply MS items and do the needful
recovery @ Rs 63/kg from the net payable Bill Value.
iv. Final rate in inclusive of Duco Primer only. Painting is in scope of client.
However, if Painting has to done then extra charge has to be paid for
the same.
v. Hilti Fasteners and all Civil related works are in scope of Client.

vi. This is Item Rate work; therefore, the final contract value and payments
shall be ascertained to the actual executed works at site and
certified by us, in line with the Work Order. Considered Quantity in
Annexure A, are provisional only that may vary up to any extent as per
design and site approvals.

3. RATES, ESCALATION & PRICE VARIATION:

This is an Item Rate Contract/Work Order, and the rates, terms and
conditions mentioned herein shall remain firm & unchanged for the entire
tenure of the work till successful completion and handover. All direct/indirect
expenses or taxes (except GST) is deemed to be included in agreed rates of
respective item. GST shall be reimbursed as per prevailing government
norms. Rate includes all necessary consumables, hardware’s, fasteners paint
 etc. all complete. No any extra item to be considered for the stated work. No
escalation or increase shall be payable on any account in any manner.

4. MOBILIZATION ADVANCE, SECURED ADVANCE & RECOVERY:

20 (Twenty) % of order value shall be provided as mobilization Advance
recoverable from Running bill till completion of 80% of proposed work

5. PAYMENT TERMS:

The mutually agreed payment terms are as under:

1. 20% as mobilization Advance recoverable from running bills till

completion of 80% of work order value.
2. 70% of invoice value shall be released as secured advance against
delivery of material at site.
3. Balance amounts in running bills as per stage of progress of work at site
as recommended by Project Head.

Final bills to be raised only after complete handover of project

along with all necessary MTCs, challans, compliances etc.
complete in all respect.

6. FACILITATION FOR CONTRACTOR SUPPLIED MATERIAL:

The Contractor has agreed that Client is at liberty supply any item and to
negotiate Basic Rate Items, to get maximum discount using Client’s own
resources.

7. RETENTION MONEY/SECURITY DEPOSIT:

Retention money will be deducted @ 2.5% of the gross value of the work
done from the running account bill. The Retention Money shall not carry
interest.

8. COMMENCEMENT & COMPLETION PERIOD OF WORK:

The commencement of work shall be applicable from 04.07.2022 & You have
agreed to complete the entire work under this Work Order within 75 days
from the date of availability of front from Civil Team.

9. SETTING OUT AND SITE SURVEYS:

Basic layout and Temporary Bench Mark at certain locations are established
at site. However, it is your responsibility to carry out a comprehensive survey
to check the layout and levels as required by the work. During the process, if
there are any discrepancies noted, the same shall be brought to the notice of
the Owner for an immediate resolution. Rest of the clause(s) remains as per
the Tender Document.

10. DEFECT LIABILITY PERIOD:

That you shall be responsible and liable for Defect Liability Period (DLP) of
Twelve Plus Three (12+3) months from the date of the virtual completion
 certificate of the work in all respects. All defective items of work and defects
noticed and brought to your attention during the Defects Liability Period shall
be promptly and expeditiously attended to and replaced and/or rectified and
made good by you at your cost, to the complete satisfaction of Client. No
retention shall be released in failure of rectification within 3 months for
defect noticed till 365th Day of DLP.

11. LIQUIDATED DAMAGES:

Liquidated damage/ penalty for delay shall be applied 1% of contract amount

per week, limited to a maximum of 5% of the contract value (inclusive of
amounts, increases or decreases, in respect of change value of work orders).

12. BILLING DETAILS:

All bills shall be raised in Favor of “Rishav Shelters Pvt. Ltd” as details
mentioned below:

Sl. Description of Running Bill No………………./Sub

No. Head………………..
Sl.
Company Rishav Shelters Pvt. Ltd
No.
Billing Detail & Plot No 32,34, Knowledge Parr 3,
1
Address Greater Noida
Sharda University, Greater Noida,
2 Site Address
201310, UP Noida
3 GSTIN No. 09AACCR9448Q2ZD
4 State Name & Pincode UP, 201310

13. QUALITY AND TIME OF COMPLETION OF WORK:

The Time and Quality is the essence of the Project and in this regard the
Contractor has agreed to indemnify & keep the Client indemnified that in
case, the Contractor fails to achieve the requisite Targets and Quality of the
Work at any stage to the Client's satisfaction or unduly delay the Work, then
the Client shall be at liberty to get the balance/ whole Work done through
some other Vendor or Contractor at Contractor’s risk and cost, without any
 recourse to Contractor. The costs including any incidentals thereof incurred
by the Client on this account shall be recovered from the payments or any
amounts due to Contractor. Rest of the clause(s) remains as per the Tender
Document.

14. SITE ORGANIZATION AND RESOURCES:

The rates given in the BOQ are inclusive of cost of transportation; the safe
transportation of all Manpower, Technical Resource, and Tool & Plant to and
from site will be Contractor’s responsibility. The cost of loading, unloading
and safe storage of all material is inclusive in quoted rates. Any loss on this
account shall be borne by Contractor with no recourse to Client.

The Contractor has confirmed that the site has been inspected and through
assessment towards the availability of space and execution of works at site
for your stores, yards have been analyzed. A mutually determined area within
the constraints of the Site will be provided by Client to Contractor free of cost
for the same.

In case, Contractor not able to accommodate the said facilities within the
site, then the Contractor shall make own arrangements elsewhere outside the
site at own cost & risk for the same.

The labor hutments are not allowed inside the site, and the Contractor shall
arrange and for labor hutments and space, lodging, toilets, water,
transportation etc. for the labor as per the relevant codes and norms of the
State/Central Government; these hutments and the facilities to the labors are
subject to inspection of the Government Authorities as well as Client’s
representative as and when desired. No one except the security, watchman
will be allowed to stay at site however, if the work is getting executed at
night or late hours the workers may stay at site with written permission from
The Client.
The Client has assured support & cooperation in arranging the space outside
but no extra payment will be paid to Contractor on this account.

Electricity point will be given at one source; further distribution shall

be arranged by Contractor at his own cost.

15. SAFETY & HOUSE KEEPING:

a) In respect of all labour, directly or indirectly employed on the Work for
the performance and execution of the Work under this Work Order,
The Contractor at own cost & risk shall arrange for all the safety
provisions as listed in (i) Safety codes of NBC and Bureau of Indian
Standards, (ii) The Electricity Act, (iii) The Mines Act, and Regulations,
(iv) Regulations of Employment & Conditions of Service Act 1996,
Rules and Orders made there under and such other acts and
amendments thereof as applicable.

b) The Contractor shall be full responsible for the adequacy, stability,

safety, and housekeeping at all locations of all site operations, work
and workmen, employees, sub-contractors and Vendors.
 c) The Contractor shall comply with all the directions & requirements
assigned with regards to safety & housekeeping from time to time.

d) The contractor shall be sole responsible for 100% safe working at site
and will 100% indeminify the client in case of any accidents, (if any),
resulting in injuries, (Minor/Major/Fattal) to the employees/labours of
contractor, employees of client or visitors etc. The contractor shall
bear all the expenses, claims, compensations etc complete in all
respect.
16. TRANSPORTATION, LOADING, UNLOADING, STORAGE & SECURITY:

That Client shall provide space to the Contractor for storage of the materials
at site and the Contractor shall be at all times fully responsible for the
loading, unloading, shifting, and security of all materials and equipment on
the Site, the Client shall not be responsible for any loss due to theft, fire,
accident or any other reasons, whatsoever at any point of time.
Materials shall be so stored as to ensure the preservation of the quality and
fitness for the work. When considered necessary by the Engineer-in-charge,
they shall be placed on wooden platforms or other hard, clean surfaces and
not directly on the ground.

Materials shall be placed under cover when so directed and the contractor
shall erect and maintain at own cost temporary weather-proof sheds at the
work site for the purpose. Stored materials shall be so located as to facilitate
prompt inspection. All stored materials shall be inspected at the time of use
in the work, even though they may have been inspected and approved before
being placed in storage or during storage.

17. INDEMNITY:

The Contractor shall indemnify, defend and hold and keep indemnified,
Client, including their employees, officers, representatives, servants, agents,
suppliers, vendors and any other persons claiming through or under them
from and against all actions, suits, claims costs, liabilities and demands
brought or made against Client in respect of any matter or thing done or
omitted to be done at site or within campus premises by the Contractor’s
employees, workmen, representatives, agents, servants or suppliers in the
execution of or in connection with the Work; or any matter or thing done or
omitted to be done by Contractor/Employees/Petty Contractor/External
Agency or anyone deployed by Contractor.

18. LABOUR COMPLIANCE:

The Contractor shall be wholly and solely responsible for full compliance with
the provisions under all labour laws and /or regulations such as Payment of
Wages Act 1948, Employees Liability Act 1938, Workmen's Compensation Act
1923, Employees State Insurance Act 1948, Employees Provident Fund Act
1952, Industrial Disputes Act 1947, the Maternity Benefit Act 1961, the
Contract Labour (Regulation and Abolition) Act 1970 and the Factories Act
1948 or any other legislations relating to the execution of the work or any
other law relating thereto and rules there under introduced from time to
time.
The Contractor shall assume liability and shall indemnify Client from every
expense, liability or payment by reason of the application of any labour law,
 ESI, labour cess, act, rules or regulations existing or to be introduced at a
future date during the term of the work. In general, in respect of all labour
directly or indirectly employed in the execution of the work on your part, the
Contractor shall be solely responsible and shall also comply with all the rules
and regulations framed by the Government authorities concerned from time
to time for protection of the health and welfare of the workers at Contractor’s
cost and risk.

The Contractor shall not employ any labour less than 18 years of age on the
job. If female labour is engaged, the Contractor shall make necessary
provisions at own expense for safeguarding and care of children and keeping
them inside designated areas away from the site. No children shall be
permitted on the Site.

The Contractor shall also obtain a valid license under the Contract Labour (R
& A) Act 1970 and the Contract labour (Regulation and Abolition) Central
Rules 1971 and under any other applicable rules before the commencement
of the Work and continue to have a valid license till the completion of the
work.

The Contractor shall strictly comply with the provisions of Employees

Provident Fund Act and register themselves with RPFC (if applicable) before
commencing work.

19. ASSIGNMENT AND SUB-LETTING:

The Contractor shall not assign this Work Order wholly or partly to any third
party/sub-contract without approval and the written consent/permission from
the Client.
The said consent/permission to engage sub-contractor for wholly or partly for
execution of project work shall not absolve the Contractor from any of
responsibilities, obligations, and liabilities under this Work Order.

20. CONTRACTOR’S ALL RISK (CAR) POLICY & OTHER INSURANCES:

The contractor has agreed to procure and maintain all the insurances (if any)
as per the project requirement, however any stage if the Client is not satisfied
or noticed / the undue delay; the Contractor shall immediately get the same
corrected / renewed / amend to the complete satisfaction of the Client. In
case the Contractor fails to do so in mutually agreed time, the Client shall be
able at liberty to get the insurance renewed / amend at Contractor’s risk and
cost, without any recourse to Contractor. Rest of the clause(s), sub-clause(s)
and all other terms & conditions shall remain as per Tender Documents.

21. CANCELLATION OF WORK ORDER:

This Work Order may be terminated at any stage if there is a delay, non-
performance, any material violation of this Work Order or any other reason
which the owner deems justifiable to terminate at its sole discretion. The
Client has full authority to conduct a regular inspection of the work and at
any stage if the work carried out does not conform to specification, quality
and/or not at reasonable pace then this work order may be terminated. In the
event of such termination, the Contractor shall be compensated for work
 completed to date as a pro-rata basis. .

22. LAWS & JURISDICTION:

This Work Order shall be governed by the laws of India.

All disputes and differences of any kind whatsoever arising out of or in

connection with this Contract or in respect of any term/interpretation of term
thereof, shall at first instance be referred for adjudication to a sole Arbitrator
appointed by the Client in accordance with provisions of the Arbitration &
Conciliation Act, 1996, as amended from time to time and the decision of the
sole arbitrator shall be final and binding on the parties. The Contractor
hereby consents to the appointment of the sole arbitrator by the Client and
shall have no objection whatsoever in relation to such appointment. The place
of arbitration shall be Gautam Budha Nagar and the language for
communication shall be English.

The courts in Gautam Budha Nagar, shall have the exclusive jurisdiction to
adjudicate upon any disputes or differences arising out of or in relation to this
Work Order.

23. ACKNOWLEDGEMENT

The Contractor is requested to sign the Contract Agreement and arrange

immediate compliance with the pre-construction formalities, as stipulated in
the Tender document & this Work Order.

The Authorized Signatory sign on this Work Order as a token of Contractor’s

acceptance and agreement to the terms and conditions stated hereinabove
and send to the Client duly signed copy of the same immediately.

Thanking you, Received Original Letter and all

terms & conditions above are
Yours sincerely, accepted.

For _________________ For

__________________

Mr. _____ Mr. _____

Authorised Signatory Authoriz
ed Signatory
Encl.: Annexure – A (Bill of Quantities and Price schedule)