Kowkur Sub Agreement
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Transcript of Kowkur Sub Agreement
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SUBCONTRACT AGREEMENT
This Subcontract Agreement (the Agreement) is made and effective this 05-01-
2009,
BETWEEN: Sri B.V.Someswara Rao (the Contractor), a registered Class II Civil
Contractor, vide proceedings No; 003243/TA1/RE1/2004, dt: 21-04-2005 of the O/o
Chief Engineer R & B Roads, Erramanzil , Hyderabad, and existing under the laws of
the state of Andhra Pradesh with its head office located at:
31-104, Mudugantivari Street, Tanuku, W.G.Dist, A.P,
AND : GREENTIME PROJECTS PVT LTD (the subcontractor), a company
organized and existing under the laws the state of Andhra Pradesh with its headoffice located at:
3-6-539/A, Street No: 07, Lane No: 02, Himayat Nagar, Hyderabad.
WHEREAS Contractor has entered into an agreement for general construction
contract, henceforth The Prime Contract with the Chief Engineer ,APHB,
Nampally to perform in accordance with various contract documents and
specifications for the work prepared by Chief Engineer ,APHBNampally, and /or
to furnish labor, material, supplies, labor and/or goods required to contract the
following named and described construction projects:
Construction of STP of 1.00 MLD capacity (Civil Components), in the
RGK Colony at Kowkur, R.R.District.
WHREAS Contractor desires to retain the Subcontractor and to sublet a part of
above work not exceeding 50% of the contract value as per clause No 5.1 on
page 34 of Conditions of Contract of the Agreement No:
15/CE/RGK/APHB/2008-09 Dated 29-11-2008 of the Chief Engineer ,APHB,
Nampally in accordance with various contract documents and specifications of the
Project.
NOW THEREFORE Contractor and Subcontractor agree as follows:
1. SUBCONTRACT WORK
Subcontractor shall be employed as an independent contractor and shall provide
and furnish all labor, materials tools supplies equipment services facilities
supervision and administration necessary for the proper and complete
performance and acceptance of the following portions of the work, hereinafter
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the Subcontract Work, for the Project, together with such other portions of the
drawings, specifications and addendum as related thereto:
As per the sub-contracting clause 5.1 ,the extent of subletting shall be
added to the experience of the subcontractor and to the extent
deducted from that of the main contractor.
2. SUBCONTRACTOR PRICE
In consideration of Subcontractors performance of this Subcontract, and at the
times and subject to the terms and conditions hereinafter set forth, Contractor
shall pay to Subcontractor the total sum billed each-time by the Executive
Engineer North Division, APHB, Hyderabad for all the works sub-let to
him ,which under any condition shall not exceed 50% of contract value. Herein
subcontract price is dependent upon the total work sublet to the sub-
contractor in accordance with the conditions of contract set forth as per the
Original Agreement enclosed. Should said conditions not be met, the subcontract
amount shall be modified accordingly.
3. SPECIAL CONDTIONS
The Special Conditions to Subcontract are incorporated in this Subcontract as
though fully set forth herein. Subcontractor hereby acknowledges receipt of the
Special Conditions.
4. COMMUNICATION AND NOTICE
a. All communications between Subcontractor, Contractor and the Chief
Engineer, APHB, Hyderabad shall be via Contractor.
b. Subcontractor shall furnish Contractor with periodic progress reports as
required by Contract, including status of material, equipment,
manpower and submittal.
c. Subcontractor shall be deemed to have received notice of a fact,
request, order, or demand when its Engineer is notified, either orally
or in writing, or 10 days after written notice is sent by registered or
certified mail addressed to Subcontractors last known place of
business, whichever is sooner.
Contractor shall be deemed to have received notice of a fact, request, or demand
10 days after written notice is sent by registered or certified mail addressed to the
following address:
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Sri B.V.Someswara rao,
Class II Contractor,
31-104, Mudugantivari Street,
Tanuku, W.G.Dist,Andhra Pradesh.
5. GOVERNING LAW AND RULES OF CONSTRUCTION
a. The validity, interpretation, and performance of this Subcontract shall
be governed by the laws of the jurisdiction where the Project is
located.
b. Titles, captions, or headings to any provisions , article, etc., shall not
limit the full contents of the same. These articles have the full force
and effect as if no titles existed.
c. If any term or provision of this Subcontract is determined to be invalid,
it shall not affect the validity and enforcement of the remaining terms
and provisions of this Subcontract.
d. This contract shall be binding upon and inure to the benefit of the
respective successors, assigns, representatives, and heirs of the
parties herein.
6. AMENDMENT
This Subcontract shall only be amended or modified by written document
executed by authorized representatives of Contractor and Subcontractor. This
subcontract supersedes all prior representations made by Contractor.
7. ARBITRATION
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Any and all disputes or claims between the contractor and the Subcontractor
arising out of this Subcontract shall be resolved by submission of the same to
Chief Engineer ,APHB, Nampally , for resolution by binding arbitration
according to Chief Engineer ,APHB, Nampallys Rules of Arbitration. In so
agreeing the parties expressly waive their right to a jury trial, if any, on these
issues and further agree that the award of the arbitrator shall be final INWITNESS WHERE OF, the parties hereto executed this Agreement as of the day
and year first above written.
SUBCOTRACTOR CONTRACTOR
____________________________________
______________________________________
Authorized Signature Authorized Signature
____________________________________
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Print Name and Title Print Name and Title