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SERVICE CONTRACT

Civil Repairing work ( Shed work and Toilet


renovation including Painting work in VTC
Name of Project Bagru Khurd ) By Lady Bamford Charitable
Trust
M/S Vivek Engineering
Regg . off D -235 , Prem Nagar , Jhotwara , Jaipur
Name of partner organization/ consultant
Mobile- 9887030785
with address and contact number
Email. Vivekengg2002.shailesh@gmail.com

1st January 2019 – 31st January 2019


Project Timeline
Charge Account Number
(FOR INTERNAL USE ONLY)

This agreement, made on this 29h March 2018 entered into by and between The Lady Bamford
Charitable Trust with its office at (B-1/1-1, 2nd floor, Mohan Co-operative Industrial
Estate, Mathura Road, New Delhi – 110044) here in after referred to as the LBCT and M/s
Vivek Engineering, here in after referred to as the PARTY.

Whereas, the LBCT is engaged in implementing the CSR interventions of JCB India through its
programmes in Haryana, Maharashtra and Rajasthan and M/s of Vivek Engineering
Regg. Off.:D -235, Prem Nagar, Jhotwara, Jaipur (Party) has approached the LBCT for
Shed work in Bagru Khurd Vocational training center and Toilet renovation work in Bagru
Khurd vocational training center for a proposal of Rs. 686974 (round off)(Six lakh eighty
six thousand nine hundred seventy four only ) as per the enclosed proposal in Annexure – I
and as per attached approvals from NPP (Taxes Extra).

Whereas, the LBCT has considered the proposal and agreed in principle to make the
payment of above mentioned as per enclosed proposal in Annexure – I and as per attached
approved rates from NPP to carry out the above mentioned project vide their letter dated
30th March 2018 issued from the office of the LBCT in Annexure – II.
These monies must be used exclusively by the Party for the agreed project and in
accordance with the attached project proposal and budget which form an integral part of
this agreement. Any changes in timelines and/or budgets must be documented, signed and
mutually agreed upon. Now, therefore the PARTIES, LBCT and the Party intending to be
legally bound, it is agreed by and between the parties as follows
Role and Responsibility:
1. (PARTY’s) Role and Responsibility

1.1 The proposal appended to this agreement at Annexure I and the LBCT’s acceptance
letter at Annexure II is to be treated as integral parts of this agreement. All activities as
proposed and accepted are to be implemented by the Lady Bamford Charitable Trust
(PARTY).

1.2 The M/s Vivek engineering shall raise an invoice to the LBCT for payments after
completion of decided work as per schedule.

1.3 M/s Vivek engineering will return to the LBCT any funds not utilized for the agreed
project. If the agreed project objectives and conditions are not met, the LBCT may
reclaim the disbursed funds, either wholly or in part.

1.4 M/s Vivek engineering will complete the above said work as per decided timeline (31st
March 2018 – 2nd April 2018) and will submit the invoice with immediate effect.

1.5 . M/s Vivek engineering will inform to the LBCT officials before any visit to any
government school (supported by LBCT) for prior permission.

1.6 . M/s Vivek engineering shall ensure that the manpower it engages for the contract
work shall wear safety helmets/ belts at all times, especially when working on heights
and will ensure required childcare if women labour with children are present on site.

1.7 M/s Vivek engineering shall provide required Personal Protective Equipment like
safety jacket, Shoes, Helmets, Gloves etc. to be used by its personnel. Party shall be
responsible for strict adherence to all safety measures all through the execution of the
contract.

1.8 It is specifically agreed between the parties that along with time, the quality performance
is also the essence of this contract. In case of non-adherence of time and quality the
contract shall be liable for termination by the LBCT. The related Manager in charge/
authorized person of the LBCT shall be the sole judge as to the quality of the services of
the contract and his decision shall be final and binding on the Service Provider.

1.9 In case of non-adherence to any of the service levels/ requirements as mentioned in


annexure I, which will be measured on daily/weekly/fortnightly basis, a penalty up to
maximum of 10% (at the sole discretion of the LBCT ) of the bill value will be deducted.
The contractor will follow the timeline strictly. Non adherence to time line lead to
penalty up to 5% if prior approval is not taken.

1.10 M/s Vivek engineering shall comply with and undertake to comply with all applicable
laws including but not limited to the Minimum Wages Act, Employees State Insurance
Act, Provident Fund and Miscellaneous Provision Act, Payment of Bonus Act and more
particularly with the Contract Labour (Regulation and Abolition) Act, 1970, if
applicable, for carrying out the purpose of this Agreement etc. as also any other rules or
regulations for time being in force, whether related to Central State, Municipal or
otherwise, related or pertaining to the execution or performance of this Agreement.

1.11 M/s Vivek engineering Shall carry and maintain Workman's Compensation and
insurance covering liability under common law that shall be applicable to and cover all
Service Provider’s employees engaged in accomplishing the Scope of Service of this
Agreement. In addition, Service Provider shall also be required to carry insurance
required by law.

1.12 M/s Vivek engineering will ensure that the personnel provided by them shall at no time
during their deployment in Facility or premises make any demand to LBCT, its
management and officers for payment of wages /salaries or otherwise. The Service
Provider shall alone be responsible and liable to pay wages/salaries to its employees.

1.13 M/s Vivek engineering will do repair and maintenance of said work done except
physical damage for one year effective from the date of completion of work.

2. LBCT’S Responsibility

2.1 The LBCT will provide the agreed monies in time to ensure that project objectives can
be met.

2.2 LBCT shall pay such invoice by cheque/demand draft to M/s Vivek engineering within
15 working days from the date of submission of invoice along with the required
documents (as applicable) mentioned in Annexure III

2.3 The LBCT will ensure ground level facilities and access to beneficiary groups.

2.4 LBCT reserves the right to monitor and evaluate activities implemented by the partner
under this contract. In order to do this, Trustees of the Trust and/or other relevant
representatives may from time to time visit the project, normally at times agreed in
advance, to see the progress of the project and review financial records and accounts.
2.5 The LBCT shall be entitled for the damages caused by the Service Provider / or his
agents/ employees to the property, tools and other items of the LBCT/ school entrusted
on the Service Provider or otherwise.

2.6 LBCT shall not be responsible for death, injury or accidents to the Service Provider’s
employees which may arise out of or in the course of their duties in the said Facility and
in the event that LBCT is made liable to pay any damages or compensation in respect of
such employees, the Service Provider hereby agrees to pay to LBCT such damages or
compensation upon demand, unless such death, injury or accidents is due to reasons
directly attributable to the LBCT.

2.7 It is clarified that this agreement is on a principal basis and does not create and shall not
deemed to create any employer – employee or a principal agent relationship between
LBCT & Service Provider.

3. General Conditions

3.1 Payment Terms

For this contract, funds will be disbursed as per below mentioned details:
Sr.No. Amount in Payment Documents
Rupees due on Required

1 Within 15 working days after 1. Original Invoice


Rs.686974 (Taxes submission of invoice after 2. Details of work done
Extra) completion of work. (BOQ Vs Actual) verified
by civil team.

3.2 Confidential Information:

Each party shall keep confidential and not disclose to any third party or use any non-
public information obtained from the other party that is marked confidential. However,
the LBCT allows PARTY to list this project on website and publicize the project in all
events organized under the project for the purpose of visibility.

3.3 Copy Right

The copy right of all findings of the project will remain with both the LBCT and
PARTY. The LBCT agrees to M/s Vivek engineering making use of the findings under
this project for future research purposes.

3.4 Termination

The agreement shall come into effect from the date of signing of the agreement by both
the parties. Failure to comply with the terms of this agreement may result in immediate
cessation of payment and/or support from the LBCT. LBCT has the right to terminate
the payment early and stop all payments if:

 M/s Vivek engineering fails to comply with any of the terms of this
agreement;
Or

 The LBCT is required by changes in local or central legislation to suspend or


terminate the payment.
Or
 Geographical, security or other conditions prevent the partner from using the
funds in accordance with the project proposal
Or
 Geographical, security or other conditions prevent the LBCT from carrying out
the checks in this agreement
Or
M/s Vivek engineering is no longer carries on activities of the kind in the project
proposal /loses its approval from the administrative authorities for this kind of activity.

Or
 Donor request or requires the LBCT to suspend or terminate the payment.

3.5 Procurement

The M/s Vivek engineering to buy goods or services procurement process which
demonstrates probity and value for money. If PARTY does not have a procurement
process in place, then it will be expected to follow the LBCT’s procurement
requirements & process.

3.6 Force Majeure

The occurrence of an event of force majeure, which renders the performance of


obligations under this agreement impossible under the conditions indicated above, will
automatically give rise to the suspension of the agreement.

3.7 Applicable Law and Jurisdiction Clause

This agreement will be governed and interpreted in accordance with Indian Law.
In the event of a dispute or difficulty arising from the interpretation and/or
performance of this agreement and in the absence of an amicable settlement, the
parties attribute jurisdiction to the competent courts in New Delhi.

3.8 Communication and Resolution of Problem


Both LBCT and M/s Vivek engineering agree to communicate openly, transparently
and constructively and resolve any issues locall
Notices
All correspondence to PARTY regarding this agreement should be addressed to:

NAME (in block letters) Mr.

COMPLETE ADDRESS WITH PIN M/S Vivek Engineering


CODE Regg . off D -235 , Prem Nagar , Jhotwara , Jaipur
Mobile- 9887030785
Email. Vivekengg2002.shailesh@gmail.com

CONTACT NUMBER (landline if any) Contact No. 0

CONTACT NUMBER (mobile if any) + Contact No. 9887030785

All correspondence to the LBCT regarding this agreement should be addressed to:

NAME (in block letters) MS.MANISH TIWARI

COMPLETE ADDRESS WITH PIN JCB India Limited


CODE Village – Bagru Khurd,
Tehsil – Sanganer,
Distt. Jaipur - 302037
Rajasthan.
CONTACT NUMBER (landline if any)

CONTACT NUMBER (mobile if any) 8890022331

______________________________ _____________________________
Executed on behalf of Executed on behalf of
M/s Vivek engineering The Lady Bamford Charitable Trust
ANNEXURE – I

Details of Shed work at Vocational training Centre- Bagru Khurd

Shed Work at Bagru Khurd


S.No ITEM DESCRIPTION QTY UNIT RATE AMOUNT
1 EXCAVATION 8.455 CUM 432 3652.56
2 PCC M-20 7.59 CUM 8544 64848.96
3 BRICK MASONRY 3.828 CUM 5376 20579.32

4 PLASTER 16.5 SQM 528 8712

5 PAINTING 22.5 SQM 182.4 4104

6 STRUCTURAL STEEL - PIPES 1200 KGS 113.28 135936

7 PROFILE SHEETING 86 SQM 1334.4 114758.4

8 PAVER BLOCKS 60 SQM 940.8 56448

9 JHIRI IN WALL 12 M 240 2880

10 GOLA AT WALL 12 M 470.4 5644.8

11 EARTH BACK FILLING 8.455 CUM 211.2 1785.696

12 RCC M25 1.6 CUM 9216 14745.6

Note :

GST as per Govt. Rules

______________________________ _____________________________
Executed on behalf of Executed on behalf of
M/s Vivek engineering The Lady Bamford Charitable Trust
ANNEXURE – II

Details of Toilet Renovation and painting at Vocational training Centre-


Bagru Khurd

Toilet Renovation work


S.NO. ITEM DESCRIPTION QTY UNIT RATE AMOUNT

13 Indian WC with all fittings with cistern 1 Nos. 9216 9216

14 Taps & angle valves 4 Nos. 1392 5568

15 Plaster work in 1:6 CM 15 Sqm 528 7920


100 mm PVC pipes with all fittings
16 6 M 825.6 4953.6
and hunching
17 Glazed tiles and floor tiles of toilets 20 SQM 950.4 19008
Plastic water tanks 500 lt with all
18 1 Nos. 7488 7488
fittings
19 PCC flooring 8 SQM 940.8 7526.4

20 excavation upto 450 mm deep 1 M3 576 576

21 Stone soling 9 SQM 816 7344

22 25 mm cpvc pipe line with all fittings 20 M 662.4 13248

23 Hand wash area with all civil works 1 Nos. 30720 30720

24 Enamel painting on door 10 sqm 206.4 2064

25 Plastic Painting work in side area 353 SQM 182.4 64387.2

26 Weather shield painting 353 SQM 206.4 72859.2


686974/- round off ( taxes as
Total
per govt. rules )

Total amount of work is = INR 686974(round off) excluding tax

Note :

GST as per Govt. Rules

______________________________ _____________________________
Executed on behalf of Executed on behalf of
M/s Vivek engineering The Lady Bamford Charitable Trust
ANNEXURE – III

Dated: 19th December 2018

To

Mr. Shailesh
Regg . off D -235 , Prem Nagar ,
Jhotwara , Jaipur
Mobile- 9887030785
Email. Vivekengg2002.shailesh@gmail.com

Subject: Acceptance of proposal for Shed work, Toilet renovation and Painting work at
Vocational Training centre- Bagru Khurd

Dear Sir,
Further to your proposal dated 4th December 2018 for Shed work , Toilet renovation
and Painting work at Vocational Training centre- Bagru Khurd , we are pleased to inform you
that your proposal (as attached) has been accepted.

All other details of this proposal will be identified in the contract.

Please return a copy of this acceptance letter with your receiving signature.

With regards,
For Lady Bamford Charitable Trust

Ms.Mary Rupa Tete


AVP- CSR
ANNEXURE – IV

SR.NO. DOCUMENTS REQUIRED STATUS


PROPOSAL FROM SERVICE PROVIDER
1 Yes

· REGISTRATION DETAILS OF THE ORGANISATION (as applicable)


2 Yes

· TAXATION RELATED DOCUMENTS (as applicable).


3 Yes

· THREE (3) YEARS AUDITED STATEMENTS.


4 N.A

· ANNUAL REPORTS (3 YEARS)


5 N.A

· APPROVAL LETTER FROM THE LADY BAMFORD CHARITABLE


TRUST
6 (FOR INTERNAL USE ONLY) Yes

· BUDGET DETAILS (DULY APPROVED) FOR THE LADY


BAMFORD CHARITABLE TRUST.
7 (FOR INTERNAL USE ONLY) Yes

· NPP APPROVALS.
8 (FOR INTERNAL USE ONLY) Yes

______________________________ _____________________________
Executed on behalf of Executed on behalf of
M/s Vivek engineering The Lady Bamford Charitable Trust