TERMS OF REFERENCE (T.O.R.) - Synise Technologies Ltd....Product Consultancy Services Type of...

THANE MUNICIPAL CORPORATION, THANE

(POLLUTION CONTROL CELL)

TERMS OF REFERENCE (T.O.R.)

(SCOPE OF SERVICES)

FOR

PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES

FOR THE WORK OF DEVELOPMENT OF LAKES SANCTIONED

UNDER STATE LAKE CONSERVATION PROGRAMME

Issued To :- Date :-

Pollution Control Officer Thane Municipal Corporation

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Consultants No. of Corrections Pollution Control Officer TMC, Thane.

Name of Work :-

PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC)

SERVICES FOR THE WORK OF DEVELOPMENT OF LAKES SANCTIONED


INDEX

S.N. Topic Page

1 Notice Inviting Tender 04

2 Instructions and Special Conditions to be noted by the Consultants submitting the offer.

06

3 Agreement 08

4 General Conditions of Agreement 11

4 Special Conditions and Eligibility Criteria 16

6 Appendix 'A' – Terms Of Reference 29

7 Appendix 'B' Reports and Documents 34

8 Appendix 'C' – Time Period And Fees Payable 35

9 Consultant's Offer 36

10 Bank Guarantee Format 37

11 Drawings 39

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Tender No. TMC/PRO/ AD/ ----- /20------- dt. Organization Name Thane Municipal Corporation, Thane Department Name Pollution Control Cell,Thane Municipal Corporation,Thane. Scope of Work Project Management Consultancy Tender Notice PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC)

SERVICES FOR THE WORK OF DEVELOPMENT OF LAKES SANCTIONED UNDER STATE LAKE CONSERVATION PROGRAMME

Tender Type Open Bidder Nationality NAB Product Consultancy Services Type of Contract Works Bidding Currency Single Joint Venture As Per Tender Documents Schedule of Site Visit From 16.09.2015 to 6/10/2015 up to 03.00 PM E-Tender Pre-bid Meeting 29.09.15 at 11.00 hrs Document downloading date and time From 16.09.2015 to 6/10/2015 up to 03.00 pm Last date and time of online Bid submission 6/10/2015 upto 16.00 hrs. Physical submission supporting document Online upto 6/10/2015 16.00 hrs. Opening of Bid (Online) 6/10/2015 at 17.00 hrs Bid Validity Period 180 days Payment Details Document Fee Rs. 684/- EMD Rs. 20,000/- Estimated Value Rs 20,30,569/-

(i.e2.5%)+S.T as per prevailing rate. Eligibility Criteria As per tender Documents General Terms and Conditions

As per tender Documents

Other Details

Information for online participation

1. 1. Internet site address for e-tendering activities will be http:// Website:https://eprocurement.synise.com/tmc/ Email: [email protected]

2. Interested bidders can view detailed tender notice and download tender documents. 3. Bidders have to register with the website through the New User registration link 4. Bidders who wish to participate in this tender need to procure Digital Certificate as per

Information Technology Act-2000 using that they can digitally sign their electronic bids. Bidders can procure the same from any of the CCA approved certifying agencies, or they may contact e-Procurement Technologies Pvt. Ltd. at below mentioned address and they will assist them in procuring the same. Bidders who already have a valid Digital Certificate need not to procure the same. In case bidders need any clarification regarding online participation, they can contact e-Procurement Technologies Pvt. Ltd Cell Phone : + 91 8308810326 /7774061775/ 7350008354/ 8902619495/ 8981526619/02030277517/02030277522 Website: https://eprocurement.synise.com/tmc/ Email: [email protected]

5. Bidders who wish to participate in tender need to fill data in predefined forms of MED 6. Bidder should upload scan copies of reference documents in support of their eligibility of 7. After filling data in predefined forms bidders need to click on final.

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THANE MUNICIPAL CORPORATION, THANE.

(POLLUTION CONTROL DEPARTMENT)

NOTICE INVITING TENDER

Thane Municipal Corporation (TMC) invites online tenders for Providing PROJECT

MANAGEMENT CONSULTANCY (PMC) SERVICES FOR THE WORK OF DEVELOPMENT

OF LAKES SANCTIONED UNDER STATE LAKE CONSERVATION PROGRAMME from the

Consultants who are registered with Council of Architect / Government and Semi Government

Bodies, Undertakings/International Institutions etc.

The blank tender forms can be downloaded from the websites of TMC www.thanecity.gov.in / https://eprocurement. synise.com/tmc from 16/09/2015 to 06/10/2015 upto 15.00 Hrs. On line tenders shall be received on the website www.thanecity.gov.in / https://eprocurement. synise.com/tmc upto 16.00 hrs on or before 6/10/2015 and will be opened on the same day if possible .

Prebid meeting will be held on 29.09.15 at 11.00 hrs. in the office of Pollution Control

Officer.

Sr. No. Name of Work Earnest Money Deposit

TOR Form Fee

1

PROVIDING PROJECT MANAGEMENT

CONSULTANCY (PMC) SERVICES FOR

THE WORK OF DEVELOPMENT OF

LAKES SANCTIONED UNDER STATE

LAKE CONSERVATION PROGRAMME

Rs. 20000/-

Rs. 684/-

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Thane Municipal Corporation Pollution control Cell

Tender Notice E- Tender is called for appointment of consultant, for planning, Designing and supervision of lake works which are approved under state lake conservation programme.

Tender Notice and Tender Forms are made available on Thane Municipal Corporation website www.Thanecity.gov.in/https://eprocurement.synise.com/tmc from 16.09.2015 to 06.10.2015 till 15.00 hrs. of 06.10.2015 and the tender will be opened on the same day @ 17.00 hrs if possible.

Sd/-

Pollution control officer Thane Municipal Corporation, Thane.

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Terms of Conditions:

Works related to lakes will be initiated only when funds for said work component approved

by State/Central Govt, and payment of fees will be made accordingly.

1) Bidder can download Terms Of Reference from website www.thanecity.gov.in /

https://eprocurement. synise.com/tmc

2) Rates quoted by PMC will be inclusive of all taxes, charges and duties excluding service

tax. Service tax will be paid extra as per prevailing rates.

3) PMC should be having at least B. Arch or equivalent qualification of recognized University

and he should be a member of Council of Architect, Registered with Govt. / Semi Govt.

Bodies/ Govt. Undertakings/International Institutions etc.

4) The PMC must have satisfactorily completed at least three works of similar nature under state

lake conservation programme in last 10 years. PMC should have proven experience in lake

restoration programme under NLCP & SLCP.

5) PMC should have at least two on going works as PMC for lake restoration under

NLCP/SLCP.

6) Conditional tender will be rejected outright.

7) Thane Municipal Corporation reserves right to reject any or all tender in full or part without

assigning any reason.

8) Earnest Money deposit of unsuccessful bidder will be returned after finalization of agency.

Earnest Money deposit of successful bidder will be converted as security deposit and will be

released in the final payment of PMC for the particular work.

9) Project management consultant should have team of environmental architect, engineers and

ecologist.

Pollution Control Officer Thane Municipal Corporation,

Thane.

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Name of work: -

PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC)


UNDER STATE LAKE CONSERVATION PROGRAMME.

Instructions & Special Conditions to be Noted By the PMC Submitting the Offer

1) PMC shall enclose following documents along with offer: -

i. PMC must be registered with Council of Architect, Registered with Govt. /

Semi Govt. Bodies/ Govt. Undertakings/International Institutions etc.

ii. Details of technical personnel on the roll of PMC to be deployed on this

assignment.

iii. Details of technical personnel (Visiting PMC from outside etc.) to be engaged

by the PMC.

iv. Details about the work done of similar type mentioned in TOR. in the past 10

years.

v. Detailed technical note describing the task wise methodology adopted by PMC

for studies based on which offer is quoted. The note shall cover all the tasks

mentioned in the TOR (and additional if any considered necessary by the

PMC)

2) The total time limit for the assignments shall be as per Appendix ’C’

3) The payment to the PMC shall be done in stages as per Appendix ’C’ of the agreement.

4) The PMC shall quote his offer on this document where specified.

5) The offer of PMC shall be inclusive of all the taxes and duties excluding Service tax. Service

tax will be paid extra as per prevailing rates if applicable.

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6) The PMC shall note that if at later stage it is found that the PMC have not carried out a

particular task to the satisfaction of TMC, the Thane Municipal Corporation will be at liberty

to deduct fees as indicated in the said break-up for that particular task. The decision of Hon.

Municipal Commissioner, TMC shall be final and binding on the part of the PMC in such

case.

7. The PMC shall further note that if any task as enlisted in the Terms of References is found to

be not necessary at later stage, the Thane Municipal Corporation shall be at liberty to delete

the same from the scope of PMC and in such case the part of the fees as indicated in the

above break-up shall not be payable to the PMC.

8. The PMC shall nominate a technical representative of PMC as licensing officer for the said

assignment. The PMC shall furnish the details of such representative to Thane Municipal

Corporation for approval. The said representative shall not be replaced during the operative

period of contract. Telephone numbers / Mobile phone number of such representative shall

be communicated to Thane Municipal Corporation.

9. It will be binding on the part of PMC to visit the Office of Pollution Control Officer as and

when called for any clarifications, meetings etc. The Thane Municipal Corporation will

intimate the PMC regarding such occasions in advance letter/ over telephone / by telefax .

10. The Terms of Reference attached along with are for the purpose of guidelines of the scope of

work. The said TOR will not in any way restrict the scope of work. The Decision of Hon.

Municipal Commissioner regarding the scope of work shall be final and binding on the

PMC/Consultant.

11. The PMC or his authorized representative shall sign each page of this booklet.

12. Right to reject any one or all offers without assigning any reason thereof is reserved by the

Hon. Municipal Commissioner, Thane Municipal Corporation, Thane.

13. The successful PMC shall have to execute agreement in the prescribed form with the

Pollution Control Officer, Thane Municipal Corporation, Thane.

14. The validity of the offer shall be 180 days from opening of the offer.

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Agreement between

Thane Municipal Corporation , Thane

And

......................................................................

This Agreement made at Thane the ………………………. day of ………………., Between the

Thane Municipal Corporation of City of Thane a body corporate act 1949 represented by the

Pollution Control Officer, Mrs. Manisha M. Pradhan, Age …...years and having it’s office on

Ground floor of Mahapalika Bhawan, Thane Municipal Corporation, Ad. Almeida Road,

Panchpakhadi, Thane (West) – 400 602, (herein after called “the client” which expression shall mean

and include its successor or succession and permitted assigns) of the one part and

....................................................................……………………………………………………………

…………………………………………………………………………

(Herein after called ‘’the PMC’’) shall of the other part; whereas the client desires that certain

services should be performed by the PMC namely.

…………………………………………………………………………………………………………

……………………………………………………………………………………

Preparation of detailed General Arrangement Drawing (GAD), Architectural & structural drawings

for each component of the subjected work by considering latest International Standards.

Preparation of tender document as per acceptance module, tender evaluation & recommendation of

successful bidder.

Getting approval to the plans, designs, structural drawings etc. from SLC Committee or any other

body involved to ensure timely decisions given to the contractors during execution of work.

Issue of stability and completion certificate to SLC Committee and to any other agency involved if

found necessary by TMC.

Preparation of Bill of Quantities (BOQ),

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NOW THIS AGREEMENT WITNESS AS FOLLOWS

1. In this Agreement, words and expressions shall have the same meaning as are respectively

assigned to them in the conditions of the Client / PMC/Consultant. Consultancy Agreement

hereinafter refers to as “PMC”.

2. The following documents shall be deemed to form and be read and construed as part of this

Agreement, namely:

a) The General conditions of CONSULTANCY Agreement

b) The Appendices, namely

Appendix A - Terms of Reference (Scope of services) Appendix B - Reports & Documents Appendix C - Schedule of Payment

In consideration of the payments to be made by the Client to the PMC as mentioned in Appendix

C, the PMC hereby agrees with the Client to perform the Services in conformity with the

provisions of the Agreement.

The Client hereby agrees to pay the PMC in consideration of the performance of the services

such amounts as may become payable under the provisions of the Agreement at the times and in

the manner prescribed in the Consultancy Agreement.

In Witness, whereof the parties hereto have caused this Agreement to be executed the day and

year first before written in accordance with their respective laws.

Authorized signature(s) of PMC …………………………………………………… In the presence of ______________________________________ Name _______________________________________ Signature _______________________________________ Address ________________________________________. Authorized signature of Client Pollution Control Officer, TMC

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In the presence of _______________________________________ Name _______________________________________ Signature _______________________________________ Address _______________________________________ Signature of Hon. Members of Standing Committee, Thane Municipal Corporation, Thane.

1 ____________________________________ 2 ____________________________________

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GENERAL CONDITIONS OF AGREEMENT 1.0 General Provisions 1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in this

Agreement have the following meanings

(a) “Applicable Law” means the laws any other instruments having the force of law in India

(as they may be issued and in force from time to time);

(b) “Agreement” means the agreement signed by the parties, to which these General

Conditions of Agreement are attached, together with all documents listed in Clause 1 of

such signed agreement;

(c) “Effective Date” means the date on which this agreement comes into force.

(d) “G C” means these General Conditions of Agreement.

(e) “Government” means the Government of India, Government of Maharashtra.

(f) “Local Currency” means Indian Rupees.

(i) “Party” means the Client or the PMC, as the case may be, and Parties

means both of them.

(j) “Services” means the work to be performed by the PMC pursuant to this

Agreement for the purposes of the project, as described in Appendix A hereto;

(k) “Client”, “Corporation”, “TMC” means Thane Municipal Corporation, Thane. A body

corporate act 1949,

(l) “Third Party” means any person or entity other than the Government, the Client, the

PMC or a Sub-PMC/Consultant.

1.2 Law Governing Agreement: -

This Agreement, it’s meaning and interpretation and the relation between the parties shall be

governed by the Applicable Law of India and Maharashtra State.

1.3 Language: -

This agreement has been executed in English, which shall be the binding and controlling

language for all matters relating to the meaning or interpretation of this Agreement.

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1.4 Headings: -

The heading shall not limit, alter or affect the meaning of this Agreement.

1.5 Notices: -

1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to

this Agreement shall be in writing. Any such notice, request, or consent shall be

deemed to have been given or made when delivered in person to an authorized

representative of the Party to whom the communication is addressed, or when sent by

registered mail, telex, telegram or facsimile to such Party at the address specified

below:

Client: - Pollution Control Officer

Thane Municipal Corporation, Administrative Building, 3rd Floor, Ad. Almeida Road, Chandanwadi, Panchpakhadi, Thane, (West). – 400 002.

PMC: - ………………………………………………..…… …………………………………………………….. …………………………………………………….. …………………………………………………….. ……………………………………………………..

1.5.2 A party may change its address for notice hereunder by giving the other Party notice of such changes to other party.

1.6 Location: - The Services shall be performed within the limits of Thane Municipal Corporation, Thane

1.7 Authorized Representatives: -

Any action required or permitted to be taken, and document required or permitted to be

executed, under this Agreement by the Client or the PMC may be taken or executed by the

officials, authorized by TMC and the PMC.

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1.8 Taxes and Duties Unless otherwise specified, the PMC shall pay such taxes, duties, fees and other impositions

as may be levied under the Applicable Law this shall include the service tax. PMC shall not

be entitled for getting any extra payment from T.M.C. on account of any revision in rate of

taxes.

1.9 Entire Agreement: - This Agreement contains all covenant, stipulations and provisions agreed by the Parties. No

agent or representative of either Party has authority to make, and the parties shall not be

bound by or be liable for, any statement representation, promise or agreement not set forth

herein.

2. Modification: - Modification of the terms and conditions of this Agreement, including any modification of

the scope of the Services, may only be made by written agreement between the Parties.

However, each party shall give due consideration to any proposals for modification made by

the other Party.

3.0 OBLIGATIONS OF THE PMC: - 3.1 General: - 3.1.1 Standard of Performance: -

The PMC shall perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted professional

techniques and practices, and shall employ appropriate advanced technology. The PMC shall

always act, in respect of any matter relating to this Agreement or to the services, as faithful

advisers to the Client and give his opinion within the frame work of relevant national and if

required international standard code of practices’ provisions, and shall at all times support

and safeguard the Client’s legitimate interests in any dealings with Third Parties.

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3.1.2 Responsibility of PMC/Consultant: -

The PMC shall be fully responsible for the soundness/ correctness of the services given by

them. The PMC shall perform their services and carry out their obligations hereunder with all

due diligence, care, efficiency in accordance with national and international codes,

professional practices etc.

3.1.3 Client’s interests: -

The PMC shall protect the interest of client against any damage or loss arising on account of

neglect of care and diligence or neglect of professional duty while providing the services as

per the agreement.

3.1.4 Law Governing Services: -

The PMC shall perform the Services in accordance with the Applicable Law and shall take all

practicable steps to insure that any sub-PMC, as well as the Personnel and agents of the PMC

and any sub-PMC, comply with the Applicable Law. The Client shall advise the PMC in

writing of relevant local customs and the PMC shall, after such notifications, respect such

customs.

3.1.5 Confidentiality: -

The PMC, their sub-PMC and the Personnel of either of them shall not, either during the term

or within Five (5) years after the expiration of this Agreement, disclose any proprietary or

confidential information relating to the Project, the Services, this Agreement or the Client’s

business or operations without the prior written consent of the Client.

3.1.6 Liability of the PMC: -

Subject to additional provisions, if any, set forth in the Agreement, the PMC liability under

this Agreement shall be as provided by the Applicable Law.

3.1.7 Reporting Obligations: -

The PMC shall submit to the Client the reports and documents specified in Appendix B

hereto, in the form, in the numbers and within the time periods set forth in the said Appendix

C.

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3.1.8 Documents prepared by the PMC to be the Property of the Client:

All plans, drawings, specifications, designs, reports and other documents prepared by the

PMC in performing the Services shall become and remain the property of the Client, and the

PMC shall, not later than upon termination or expiration of this agreement, deliver all such

documents to the Client, together with a detailed inventory thereof. The PMC may retain a

copy of such documents.

3.1.9 Documents furnished by the Client: -

Documents made available to the PMC by the Client, or representative of the Client, shall be

the property of the Client and shall be marked accordingly. Upon termination or expiration of

this Agreement, the PMC shall make available to the Client an inventory of such documents

and shall dispose of such documents in accordance with the Client’s instructions.

4. Additional suggestions :-

1.1. The consultant shall execute the inspections of the work (Stage wise) to be allotted for lake

Conservation to contractors to execute the work satisfactorily including quality checks as per

tender estimates specifications and relevant I.S. code, Upon receipt of work order of concern

work by corporation.

2. General conditions of contract

2.1. The consultant shall visit each side for minimum four times during the work under progress.

2.1.1. First visit – Before starting the work, the party inspect the site and give the instruction to the

concerned contractor how to execute the work and total procedure of the work.

2.1.2. In-between visits :- To be decided depending upon the quantum of work by Commissioner.

2.1.3. Final visit :- After completion of work

2.2. The Consultant shall check the quality of the materials brought on the site for the work and

ensure that the materials are in accordance with the specifications generally observed and

prescribed for the work. Consultant will conduct quality control test on input materials and

works activities as per relevant I.S. code and convey the comments on reports to the TMC

various tests procedures and quality inspection to be adopted by Consultant for the works shall

comply with the provisions of technical requirements prescribed in the work contract.

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2.3. Ensure Cross checking of receipts of materials with the technical specification and ensuring

proper storage facilities for the preservations of its quality and fitness for the work.

2.4. Review of Manufacturers Certificates for all bought out items like Cement, Steel, Structural

steel, admixture, Asphalt, pipe etc. to check that the material brought to site are as per

specifications.

2.5. The consultant shall ensure the quality of work done by concern contractor and check

accordingly.

2.6. The consultant should suggest the ways and means for economic works execution and to

reduce the cost of construction without compromising quality.

2.7. The consultant shall ensure that all the necessary clearances, permissions that are required to

execute contract are taken by contractor.

2.8. Samples for Laboratory Test/field test shall be collected by consultant in the presence of the

concerned contractor. These samples shall be handed over to the concerned contractor. These

samples shall be handed over to the concerned contractor for onward submission to the

Laboratory (Govt. Engineering collage lab or approved lab by TMC) after putting an

identification mark of consultant. The cost of Laboratory Tests/field test conducted shall be

borne by the concerned Contractor.

2.9. The inspection shall be carried out on the basis of approved drawings, specification standards

and I.S. norms. The consultant inspection services shall be including all types of testing of

construction material and site survey monitoring as per the tender documents and the concern

I.S. code.

2.10. For conducting the all tests responsibility is to be taken by the Consultant only. Minimum

Frequency and sample size of test should be as per I.S. codes of various works.

2.11. The consultant shall ensure the quality and timely completion of the works, If contractor

requests for extension of time limits, consultant recommendations with proper justifications to

take proper decision will be required. Consultant should remain present in the co-

ordination/review meeting to be held at corporation as decided at no extra cost. The

consultant may intimate the contractor if quality and time line of works is not followed by him

but at the same time consultant shall inform commissioner to issue notices about the same to

contractor and see that notices are issued accordingly.

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2.12. In the inspection, consultant finds that the work is not proceeding as per the recommendations

the inspection agency/consultant may suggest to TMC to take penal actions initially and if no

improvements then to withdraw the work from concerned contractor.

2.13. The consultant shall submit report in formats prescribed by Commissioner about the general

progress of the work for each item and stage and time line followed by contractor and any

specific issue about major deviation and also serious points must be communicated with photo

copy to concerned engineer of T.M.C. and copy to higher technical authority Commissioner of

TMC.

2.14. The Consultant shall submit the reports and also shall draw conclusions on the reports

including quality checks and reports. Consultant shall Review all the reports & record for the

regular field – testing carried out by Executing agencies as per the requirement of tender

specifications and standard codes and Draw Conclusions.

2.15. Review all test report tested from outside – approved laboratory for the bought out materials

2.16. Normal language of reports may be English but if required by TMC, the translation of same in

Marathi shall be supplied by Consultant.

2.17. The Consultant will assist for resolving technical field problems for non-conforming works.

2.18. The consultant shall suggest the remedial measures to improve the quality of the works if

found defective during their inspection.

2.19. Ensure Proper workmanship aspects at the works.

2.20. The consultant shall Ensure that there is no breach of contractual obligation and if found

recommend penal actions accordingly.

2.21. Identifying stretches for rework in case of substandard materials used in the work.

2.22. After the work is completed the consultant shall issue Satisfactorily work completion

certificate.

2.23. Arbitrator in case of any dispute arises out the contract Hon'ble Commissioner shall be the

sole arbitrator and his decision shall be final.

2.24. Consultant shall deploy suitably qualified personnel of different level to carry out the

responsibilities and shall inform commissioner the names with their qualifications and related

details.

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3. While preparing the General Arrangement Drawing (GAD) following points are to be

considered:

a) The PMC shall take necessary data from concerned department.

b) The PMC has to consider all possibilities before preparing the General Arrangement

Drawing (GAD).

c) The General Arrangement Drawing (GAD) with detailed construction methodology and

the Bill Of Quantities (BOQ) is to be prepared taking all the above factors into

consideration.

The list of points to be considered for preparation of General Arrangement Drawing

(GAD) mentioned above is necessary but is not exhaustive. Points necessary, not mentioned

above should also be considered. Soil investigation report should also be submitted along

with GAD.

4. The PMC shall render his services for preparation of detail project report as per acceptance

module, bill of quantities, tender documents and technical specifications based on approved

drawing(s) and specifications & as mentioned . Necessary scheme to be followed during the

execution of work shall have to be got approved from concerned authority.

5. The PMC shall prepare the structural designs based on its latest code and specification adopted in

MORTH/PWD and also followed NDMA (National disaster Management Administration) norms

and international standards , then prepare drawings for each component of construction work as

suggested by City Engineer.

6. All the drawings and design shall be Proof checked from reputed firms or as directed by

Pollution Control Officer. The fees of the PMC shall include this also and shall submit with

design calculation the same for approval of Pollution Control Officer, TMC duly recommended

for approval along with necessary notes. The approval of Pollution Control Officer shall not

relinquish the responsibility of the PMC for the durability and soundness of the structure. The

designs and drawings shall be as standard specifications and relevant codes of practice applicable

for structure.

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7. General arrangement drawing ,design criteria etc shall be submitted to Pollution Control Officer

TMC and construction contractor well in advance and sufficient copies of drawings shall be

made available at site of work and office record. The PMC will issue the approved drawing to the

contractor/s.

8. Immediately on approval of the offer, the PMC shall draw up a time schedule (indicating the

period of each stage) for approval of working drawings to ensure submission of all good for

construction drawing before issue of work order to construction contractor/s.

9. The PMC will be fully responsible in their capacity as they are for the soundness, correctness,

and specifications of all the work executed assuming responsibility of soundness of designs and

the conformity of the work to the approved plans, designs and specifications.

Some of the sub tasks to be included, but not limited to, under the above stated scope of the

quality Management plan are

1. To formulate and implement Management Information / Reporting formats, Data

sheets, Registers etc.

2. To analyze the various results of laboratory and field tests carried out, prepare and submit

reports to TMC and suggest remedial measures, if any, to remedy shortcomings.

3. Checking the centering and shuttering and other temporary works proposed to be erected by

the contractor. Designs of Centering & Shuttering and any temporary structure design for

construction of building shall be approved by the PMC.

4. To check and approve all items of work before commencement. The PMC shall check steel

reinforcement, concreting operations. The PMC Engineer shall supervise the operation

throughout. In addition to this, the principal PMC shall visit the site at least twice in a week.

5. To advice and approve construction methods, sequence of operations and program for work

proposed by the contractor with respect to BMC pipeline /GAS pipeline and other utility

service pipelines /cable safety.

6. PMC to attend site inspection and meeting with higher officers, etc, whenever so requested.

7. To carry out joint inspection (detailed inspection) before the end of defect liability period and

advising on remedial measures for defect, if any, discovered.

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8. The PMC should also hold periodical meeting with the TMC & contractors

and other related agencies and coordinate follow up action. The PMC shall

prepare Minutes of the Meeting.

9. The PMC shall ensure regular and timely flow of working drawings instruction etc.

10. The PMC shall prepare ‘As built’ drawings etc in three sets. of the completed work and

copies shall be submitted to TMC. PMC shall issue the stability certificate stating the work

is executed as per standard specification and structure is stable and sound.

11. The PMC shall undertake preparation verification of ‘Maintenance Manual’ in respect of

contract work and further advise the client by periodical inspection during the defect liability

period on maintenance requirements if any.

12. The PMC shall under take the preparation of completion report in 5 (five) copies.

13. The PMC shall advise the client with regard to extra payment / disputes if any till the cases

are settled. The PMC will also be required to brief the legal advisor / legal PMC of client on

cases pertaining to the work.

14. The PMC shall render to the client every assistance, all technical services, guidance or advise

on any matter concerning the technical and engineering aspects of the project including

periodical interaction and also through invited experts on specific subject with client’s prior

approval.

15. Similarly the PMC shall prepare the completion drawing after completion of work/s along

with completion report in 5 hard copies & one soft copy and submit the same to Pollution

Control Officer.

16. After appointment of the PMC, PMC shall be responsible for following activities for work

assigned to him like preparation of plane table survey, detail Architeural plans, working

drawings sanctioning of plan from TMC. Any modifications required to be done during

planning and execution stages shall be treated as a part of this job and will not be paid

separately.

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5.0 OBLIGATIONS OF THE CLIENT: - 5.1 Assistance and Exemptions: -

Client shall use its best efforts to ensure that the Client shall provide the PMC, Sub-PMC and

Personnel with all requisite facilities pursuant to applicable law as shall be necessary to

enable the PMC, sub-PMC or Personnel to perform the Services;

5.2 Change in the Applicable Law: -

If alter the date of this Agreement, there is any change in the applicable Law with respect to

taxes and duties which increases or decreases the cost or reimbursable expenses otherwise

payable to the PMC under this Agreement shall be increased or decreased accordingly by

agreement between the Parties hereto.

5.3 Payment: -

In consideration of the Services performed by the PMC under this Agreement, the Client

shall make to the PMC such payments and in such manner as is provided by Appendix ‘C’ of

this Agreement.

5.4 Currency of Payment: -

All payments shall be made in Indian Rupees only.

6.0 FAIRNESS AND GOOD FAITH: - 6.1 Good Faith: -

The Parties undertake to act in good faith with respect to each other’s rights under this

Agreement and to adopt all reasonable measures to ensure the realization of the objectives of

this Agreement.

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Special Conditions And Eligibility Criteria .

1. Duties of PMC/Consultant: The PMC shall perform all the duties as per the terms of References attached at ‘Appendix

‘A’.

2. Prescribed time limit: The prescribed time limit for the assignment shall be as per ‘Appendix C’ 3. Payment to the PMC

The payment to the PMC shall be done as per the percentage wise stages prescribed in

Appendix ’C’ of Agreement.

4. Responsibility of the PMC:

The PMC shall be fully responsible for the soundness and certifying quality and quantity and

correctness of all work/s executed from the construction point of view and conformity of work and

structure as are entrusted survey carried out by the PMC, the approved plans, designs and

specification, conditions, stipulations of contract applicable the work in question.

The PMC shall submit a Bank Guarantee up to 5% of total fees payable as Security Deposit.

Will retained with T.M.C. up to 24 months after completion of work. The Bank Guarantee shall be

from any nationalized bank in Thane or Mumbai . If during this period it is found that certain risk of

damage or loss has occurred due to defective execution of the work, negligence in supervision and

TMC will be entitled to recover the amount by way of encashing the Bank guarantee. The bank

Guarantee shall be in prescribed proforma AS GIVEN IN THIS DOCUMENT.

The PMC shall ensure close co-ordination with the design Engineer of the construction

contractor’s regarding modifications in design if any, timely scrutiny approval and also regular and

timely flow of working drawing.

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5. Co-ordination:-

The assignment needs coordination and liaisons with several Govt. /Semi-Govt and private

departments. The PMC shall be responsible for all such duties. The Thane Municipal

Corporation shall extend all the assistance in the matter, however the same shall not be

binding on the Thane Municipal Corporation.

6. Language of the tender :

The tenders/offer shall be submitted in prescribed forms in ‘English’ language only. The

communication language may be ‘Marathi’.

7. PMC offer :

Rates quoted by PMC will be inclusive of all taxes, charges and duties excluding

service tax. Service tax will be paid extra as per prevailing rates

8. No Extra payment:

The tender offer of the PMC shall be treated as unconditional. Additional and/or hidden

conditions if any shall be treated null and void. No claim for additional payment shall be

entertained on account of such conditions.

9. Eligibility Criteria:

1) PMC must be registered with Council Architect, Registered with Govt. / Semi Govt.

Bodies/ Govt. Undertakings/International Institutions etc.

2) The PMC must have satisfactorily completed at least three work of similar nature as per

state/national lake conservation programmed in last 10 years.

3) PMC should have proven experience in lake restoration programmed under NLCP &

SLCP.

4) PMC should have at least two on going works as PMC for lake restoration under

NLCP/SLCP.

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10. Validity of tender/ offer :

Validity of the offer will be 180 days from the date of opening of the tender

document. Thereafter unless and until it is withdrawn by notice in writing duly addressed to

authority.

Withdrawal of the offer shall be effective from such date of receipt of written notice

by the Pollution Control Officer, Thane Municipal Corporation, Thane.

11. Tender Documents : The tender documents shall comprise of

1. Tender Notice (Invitation to Offer)

2. Instructions to the PMC submitting the offer.

3. Agreement.

4. Special Conditions & Eligibility Criteria.

5. Terms of References and its annexure.

6. PMC/Consultant’s offer.

12. Earnest Money

The amount of Earnest Money is Rs. 20000/ - (Rs. Twenty Thousand Only) should be paid along

with tender document fee as per E-tendering procedure, and online receipt for the same should be

uploaded with the tender document along with technical bid.

EMD & Cost of Blank Tender shall be payable through one of the following modes ONLY:

1. Net-Banking

2. Debit Card

3. Credit Card

4. RTGS / NEFT.*

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.* For paying the Document Fees / EMD through the option (4) RTGS / NEFT, please follow the

below process:

1. Please mention the following details while making the RTGS/NEFT payment from your

Bank:

(a) Beneficiary account number - <TMCS+Bidder Code> For example, in case your Bidder Code

is ABC123, kindly mention TMCSas the beneficiary account number.

(Bidder code shall be available through the E-Tendering portal)

(b) Beneficiary bank branch - ICICI Bank, CMS EMPIRE COMPLEX, LOWER PAREL,

MUMBAI 400 013.

(c) Beneficiary IFSC code - ICIC0000104

2. One day after making the payment, please log in to our portal. While making payment for

Document Fee / EMD, please select the RTGS/NEFT payment option at the document fee/

EMD payment screen. Upon doing so, you shall be able to view the funds remitted by you

through NEFT/RTGS as available balance.

3. Please proceed to make the payment. Upon doing so, the required amount to be paid through

the Document fee/EMD, shall get appropriately deducted from the available balance and

payment shall be confirmed real time.

4. A receipt number would also get generated after successful payment.

5. Kindly note that the payment is required to be made one day before you would like to make

the document fee/EMD payment through our portal.

Please get in touch with e-procurement support team in case any clarification is required.

Department Code 2300 Function Code 553 ,Budget Code 413916

13. Manner of submission of tender/offer and its enclosures:- Tender is to be submitted On-Line as per e-tendering procedure.

Tender shall submit the tender and documents On-Line as per e-tendering procedure as below.

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1. Technical Bid :- (Submitted as per e-tendering procedure.)

The tenderer shall submit the following documents On-Line.

a. Earnest Money Deposit of Rs. 20,000/- and tender document fees of Rs. 684/- along

with the tender should be deposited on-line as per E-tendering procedure in the form

mentioned above or On-Line as per e-tendering procedure.

b. Attested copy of certificate of registration as per mentioned above.

c. Experience Certificate. PMC must have satisfactorily completed at least three words

of similar nature as per state / national lake conservation programme in last 10 years.

d. PMC should have proven experience in lake restoration programme under NLCP &

SLCP.

e. PMC should have at least two on going works as PMC for lake restoration under

NLCP/SLCP.

f. If the tenderer is an individual or proprietary firm it shall be signed in full by the

individual along with his full name and address along with attested photocopy of

registration of the firm.

g. Details of Technical personnel on the roll of PMC to be deployed on this assignment.

h. Details of technical personnel (visiting PMC from outside etc to be engaged by PMC).

2. Price Bid Document :- (Submitted as per e-tendering procedure.)

The tenderer should quote his offer in percentage as appropriate place, On-Line on website

www.thanecity.gov.in / https://eprocurement. synise.com/tmc

14. Opening of Tenders : On the date specified in the tender notice following procedure will be adopted for opening of the

tenders.

Technical Bid :

First of all, EMD, tender fee submitted by all tenders online as per e-tendering procedure or

submitted in sealed Envelope will be opened to verify its contents as per tender requirements.

Technical Bid-Documents submitted by all tenderers online as per e-tendering procedure will be

opened to verify its content as per tender requirements.

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All the tenderers should produce original documents for verification of online submitted

documents by the tenderers at the time of opening of Technical bid, then only price bid will be

opened. All tenderers should submit attested copy of technical bid documents at the time of

opening of technical bid.

If the required documents do not meet the tender requirements, it will be recorded

accordingly by the tender opening authority and the said tender’s Price-Bid will not be

considered/opened for further action and the reasons will be recorded.

Price Bid :

Price Bid will be opened immediately after opening of Technical Bid only if the contents of

technical Bid as per E-Tendering are found to be acceptable to the TMC Thane the tendered rates

in quoted online, percentage above/below the estimated rates shall then be read out.

15. Acceptance of Tender :

The lowest price-bidder will have to sign the original copy of the tender papers and the drawings

according to which the work is to be carried out. The tenderer shall also have to give a

declaration to the effect that he has fully studied the site, plans, specifications, local conditions

and availability of labour and materials and that he has quoted his rate with the considerations to

all these factors.

The tenderer whose tender is accepted is required to note that no foreign exchange will be

released by the TMC Thane.

16. Security Deposit :

The successful tenderer within seven days of the intimation to this effect shall have to pay

5% of accepted tender cost as Initial Security Deposit in cash /DD/Pay Order in favour of the

commissioner TMC thane, Bank Guarantees from Nationalized Banks in the enclosed form and

complete the contract documents failing which his earnest money will be forfeited to TMC,

Thane. The balance Security Deposit will be recovered from the R.A Bills at 3% of the bill

amount.

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All compensation or other sums payable by the Contractor under the terms of this contract or

any other agreement or any account may be deducted from his security deposit or from any sums

which may be due to him or may become due to him by TMC, Thane, on any account and in the

event of the security being reduced by reason of any such above noted deduction the Contractor

shall within 10 days of receipt of notice of demand from the Pollution Control Officer, TMC

Thane make good the deficit.

There shall be no liability on the TMC, Thane to pay any interest on the security deposited by

or recovered from the Contractor.

The Security deposit shall be refunded after completion of defect liability period prescribed

for this contract .

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Name of Work :- PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC)



APPENDIX- A

TERMS OF REFERENCE (TOR)

(SCOPE OF SERVICS)

TMC intends to Engage PROJECT MANAGEMENT CONSULTANCY SERVICES FOR

THE WORK OF DEVELOPMENT OF LAKES SANCTIONED UNDER STATE LAKE

CONSERVATION PROGRAMME.

Details of work to be carried out

Details of work As per technical Sanction Amount

Present financial sanction Amount

Masunda Lake- Floating Island, Plantation for enhancement of lake surrounding, Non-point source of pollution, Repairing of Visarjan Ghat, Solid waste management, Public awareness, Signage, Designing of content and design of signage, Public awareness programme.

50,00,000/-

15,00,000/-

Turphaepada Lake- Desilting, Bioremediation, water quality sampling, Ecological Edge using perforated Gabion wall & wetland vegetation, grass pathway, plantation, public toilet, Dustbin, Vermicomposting pit, public awareness, fencing

1,81,26,916/- 25,00,000/-

Kavesar lake --Desilting, Bioremediation, Aeration, Water Quality Sampling, Floating Island, Ecological Edge using perforated Gabion wall and wetland vegetation, Plantation, Non point sources of pollution, Solid waste management, public awareness, fencing

4,26,71,301/- ---

Following lakes are under sanctioning of procedure in the SLCP

Amount given in DPR

Naar Lake – Desilting, Bioremediation, Aeration, Water Quality Sampling, Monitoring Room, Floating Islands, Ecological Edge using perforated Gabion wall and wetland vegetation, Plantation, Public Toilets, Dustbins - wet and dry bins with signage, Signage, Designing of content and design of signage, Public awareness programme, fencing

94,39,011/- ---

Jail Lake – Aeration, Water Quality Sampling, Floating Islands, Active Wetland edge, Dustbins - wet and dry bins with signage, Vermicompost Pit, Nirmalya Kalash, Signage, Designing of content and design of signage, Public awareness programme.

1,54,24,560/- --

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Approximate cost of work - Rs. 8,12,22,777/-

Consultancy charges schedule rate - 2.5% of approximate cost of work

Estimated consultancy charges - Rs. 20,30,569/-

Works related to lakes will be initiated only when funds for said work component approved

by State/Central Govt, and payment of fees will be made accordingly.

Masunda Lake :-

Masunda Lake is located on east of Thane, in the heart of Thane city. The area of the lake is

approximately 93166.96 sq.mt, which is the largest amongst all the lakes of Thane. Masunda Lake

has had a high level of cultural significance not only for the city of Thane but also for the entire

region, for decades together. People from all over are attracted to this lake which has become a very

important social, cultural and recreational node; leading to very high real estate value around it in

Thane. The lake is surrounded by important historic places like Gadkari Rangayatan, St. John

church, Kopineshwar temple and Jambli market.

Naar Lake :-

Naar Lake is situated on the outskirts of Thane along the Ghodbandar Road. The lake is surrounded

by 8 year old low rise Bhaiyapada settlement and 25 to 30 year old settlement area. There are hotels

and shops located near the lake, along the main road.

The lake covers an area of about 7550 sq. mts. and has a depth of 8 ft. The access to the lake is

narrow and is surrounded by shops on either side. The access is filled with litter and garbage. The

water body is not visible from the main road due to shops along the Ghodbunder road.

Currently a footpath between the settlement and the water body defines the edge of the lake. Lake is

completely covered with water hyacinths.

The lake has a good tree cover of Mango, Coconut, Palm, Jam, and Umbar

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Turphepada Lake :-

The lake is located near Hiranandani Estates and Brahmand residential colony, on the

Ghodbunder side. The area of the lake is about 5857 sq. mt. and its depth is about 10 feet.

The lake is accessible only through a kuccha pathway from the main road. It is not approachable by

roadway until the lake edge. The pathway leading to the lake has fields and some farms alongside

and good vegetation and trees. The lake is not visible from the main roads.

The area immediately surrounding Turbhepada lake has agricultural fields which are used for rice

cultivation during the monsoon season. The Brahmand colony and Hirandani colony are located

close to the lake, on the upside and downside of the lake respectively.

The lake is used for domestic purposes such as washing clothes, bathing, swimming and for

Ganesh Visarjan. The lake water is also used by animals like buffalos for drinking and swimming.

The condition of the lake water is good and the lake has water throughout the year.

Kavesar Lake :- The lake is situated off the Waghbil road and the entry is not easily distinguishable. The access to the

lake is through a kuccha road off the main Waghbil road.

The lake covers an area of about 24359 sq.mt.

The lake is surrounded by agricultural fields used for rice cultivation. The Hirandani Township is

located close to the lake towards the south-east side. There is a good dense clump of trees in between

the development and the lake. A ground storeyed residential units and a temple is developed along

the lake edge.

The lake waters were earlier used for fishing activity. However today it is lying in a neglected state,

with water hyacinth growing in the lake waters. The lake has water through out the year.

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Jail Lake :-

The Castle Tank is more commonly known as Jail Talav because of its proximity to the

central jail. Jail lake is situated nearer to the creek in the flood plain zone. It is also one of the tanks,

which shows very less drop in lake levels, owing to the low rise low density mixed land use

settlements, comparatively large agricultural land of the jail and a maidan in the immediate vicinity.

The lake is under the Jail authority and is practically a security buffer.

Railadevi Lake :- Railadevi is one of the biggest lakes in Thane, situated in the industrial area of Wagle Estate. Over years, the

lake has been subjected to severe pollution pressure and deterioration in water quality of the lake was

immediately apparent. Due to the ingress of silt, along with run-offs, the depth of water in the lake had also

reduced, and as a result, large portions of the lake used to be dry in the summer season.

The Thane Municipal Corporation had started the work of the remediation and restoration of the lake in July

2003, with M/s. Organica Biotech as the lead contractor, as per MOEF sanction letter No. 20011/2011/2002

dt. 23.12.05.

The project involved several major activities :

Di-siltation

Physical removal of weeds and other growth

Installation of Aeration System

Bioremediation, using specialized bio-products

Total grand received is Rs. 56 Lacs which is used for Bioremediation purposes. TMC has also carried out

dreazing of the lake by its own fund in year 2004.

Geologically it is in the colluviums soil and partly on basaltic rock. This lake is almost six hectares in size.

The approach to the lake is from Wagale Estate Road and known for the industrial area around it.

Earlier the lake was used for Ganapati Visargan and for other festival rituals. However recently an alternate

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pit has been dug for the above mentioned ritual, which has helped in preventing deterioration of the lake

to a certain extent.

Scope of Work: -

A – Planning, DESIGNING AND DETAILING FOR EACH LAKE B - PREPARATION OF DETAIL WORKING DRAWINGS FOR APPROVED ITEMS

Preparing working drawings, specifications and schedule of quantities sufficient to prepare estimate and cost and tender documents.

C- ASSISTING IN TENDER DOCUMENTS AND PREPARATION OF BAR CHARTS FOR WORK SCHEDULE:

Assisting the local body in preparing tender document. And preparation of bar charts for entire work. D - APPOINTMENT OF CONTRACTORS

Analyzing of received tenders and recommendation to the Municipal Body. E- PRESENTATIONS FOR APPROVALS AND RELEASE OF STAGE WISE FUNDS

Preparation of interim work status reports to the State Environment department and making presentations to the Environment Committee.

F - CONSTRUCTION STAGE

1. Prepare and issue working drawings and details for the purpose of works during construction. 2. Approve samples of various elements and components 3. Check and approve shop drawings submitted by the contractor 4. Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the construction works and where

necessary clarify any decision, offer interpretation of drawings/specifications and meetings to ensure that the project proceeds generally in accordance with the conditions of contract and keep the Client informed and render advice on actions, if required.

5. Issue Certificate of virtual Completion of works.

G - COMPLETION STAGE: Prepare and submit completion reports and drawings as required by the statutory authorities.

General 1. The PMC will have to give a written notice of 30 (thirty) days prior to the date from which he

wishes to discontinue / withdraw from the TMC work.

2. The right to drop any of the PMC from TMC work without assigning any reason at any point

of time by giving 8 (eight ) days notice what so over is reserved by Commissioner, Thane

Municipal Corporation, Thane.

3. He has to study to detail project report which is submitted to SLCP.

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APPENDIX ‘B’

REPORTS & DOCUMENTS: The PMC shall furnish to the TMC following reports and documents in addition to those mentioned

in Terms of Reference in the number of copies stated. All reports and documents shall be in English.

a. Progress reports 3 (Three) copies:- The PMC shall submit the site visit monthly

progress reports which shall include minutes of site meetings with the contractor

which the PMC has convened to the TMC commencing at the end of the month

following the date of award of the contract for construction. After the issue of

completion certificate these reports shall be submitted annually for 2 years in the

maintenance period.

b. Completion report:- The PMC shall submit completion report at time of final

certificate in five copies as per SLCP project guideline.

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APPENDIX – ‘C’

TIME PERIODS AND FEES PAYABLE :-

Basic period of the service shall be 36 monhs from the date of commencement of services

which includes period for preparation of GAD,BOQ, tender documents and tender procedure ,

preparation of structural drawing and approval from competent authority, period of finalization of

tender, finalization of execution of work, preparation & finalization of completion certificate of final

bill etc. Cost of these services is included in the total fees payable.

MODE OF PAYMENT

The corporation shall pay the professional fee to the PMC / Structural Consultant as quoted

by them and Finalized by TMC as per following Schedule of the estimated cost of the project

PMC

Part – 1 Planning, DESIGNING AND DETAILING FOR EACH LAKE PREPARATION OF DETAIL WORKING DRAWINGS FOR APPROVED ITEMS

Preparing working drawings, specifications and schedule of quantities sufficient to prepare estimate and cost and tender documents.

ASSISTING IN TENDER DOCUMENTS AND PREPARATION OF BAR CHARTS FOR WORK SCHEDULE:

Assisting the local body in preparing tender document. And preparation of bar charts for entire work.

20 % of fees

Part – 2 APPOINTMENT OF CONTRACTORS Analyzing of received tenders and recommendation to the Municipal Body.

PRESENTATIONS FOR APPROVALS AND RELEASE OF STAGE WISE FUNDS

Preparation of interim work status reports to the State Environment department and making presentations to the Environment Committee.

30 % of fees

Part – 3 CONSTRUCTION STAGE 1. Prepare and issue working drawings and details for the purpose of works during

construction. 2. Approve samples of various elements and components 3. Check and approve shop drawings submitted by the contractor 4. Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the

construction works and where necessary clarify any decision, offer interpretation of drawings/specifications and meetings to ensure that the project proceeds generally in accordance with the conditions of contract and keep the Client informed and render advice on actions, if required.

5. Issue Certificate of virtual Completion of works.

30 % of fees

Part – 4 COMPLETION STAGE: Prepare and submit completion reports and drawings as required by the statutory authorities.

20 % of fees

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Name of Work :-

PROVIDING PROJECT MANAGEMENT CONSULTANCY



Price Bid "B"

Project Management Consultancy Offer

I hereby offer to render my Project Management Consultancy services as per scope of work FOR

THE WORK OF DEVELOPMENT OF LAKES SANCTIONED UNDER STATE LAKE

CONSERVATION PROGRAMME. ----2.5-------- % (in wards) +S.T.below/aboves std

consultancy charges i.e. 2.5% +S.T.

Name & Sign of PMC

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(On stamp paper worth Rs. 100-) MODEL FORM OF BANK GUARANTEE BOND

In consideration of the Thane Municipal Corporation Thane (herein after called “TMC Thane”) having agreed to exempt ________________________________ (herein after referred to as “the PMC/Consultant”) from depositing with the TMC Thane in cash of the sum of Rs.________________ (Rupees __________________________ only) being the amount of security deposit payable by the PMC or to the TMC Thane under the terms and conditions of an agreement dated the _________ day of ______________ and made between the TMC Thane of the one part and the PMC of the other part (here in referred to as "the said Agreement") for ________________ as security for the due observance and performance by the PMC of the terms and conditions of the said Agreement, on the contract furnishing to the TMC Thane a guarantee in the prescribed form of a Scheduled Bank in India being in fact those present in the like sum of Rs. __________________ (Rupees ______________________________________ only). We _________________________________ BANK/LIMITED registered in India under ___________ Act and having one of our local Head Office at ________________ ___________________ do hereby: 1) Guarantee to the TMC Thane. (a) Due performance and observance by the PMC of the terms, covenants and conditions on the

part of the PMC contained in the said Agreement and (b) Due and punctual payment by the PMC to the TMC Thane of all sums of money, losses,

damages, cost charges, penalties and expenses payable to the TMC Thane by the PMC under or in respect to the said agreement.

2) Undertake to pay the TMC Thane on demand and without demand and not withstanding any

dispute or disputes raised by the PMC(s) in any suit or proceeding filed in any Court of tribunal relating there to the said sum of Rs.__________ (Rupees ____________________________________ only) or such less sum may be demanded by the TMC Thane from us our liability hereunder being absolute and unequivocal and agree that.

3) (a) The guarantee herein contained shall remain in full force & effect during the subsistence of

the said agreement and the same will continue to be enforceable till all the dues of the TMC Thane under or by virtue of the said agreement have been duly paid and its claims satisfied or discharged and till the TMC Thane certifies that the terms and conditions of the said agreement have been fully and properly carried out by the PMC/Consultant.

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(b) We shall not be discharged or released from the liability under this guarantee by reasons of

(i) Any change in the constitution of the bank of the PMC/Consultant, or (ii) Any arrangement entered in between the TMC Thane and the PMC with or without our consent; (iii) Any forbearance or indulgence shown to the PMC/Consultant; (iv) Any variation in terms of covenants or conditions contained in the said agreement; (v) Any time given to the PMC/Consultant; (vi) Any other conditions or circumstances under which, in law, a surety would be discharged; (c) Our liability here under shall be joint and several with that of the PMCas if we were the

principal debtors in respect of the said sum of Rs. _______________ (Rupees _____________________________________________________________ _________________________________________ only) and

(d) We shall not revoke this guarantee during its currency except with the previous consent in

writing of the TMC Thane. IN WITNESS WHERE OF THE common seal of ___________ has been herein to affixed this _________ day of _________ 20 _______ . The common seal of was pursuant to the resolution of the Board of Directors of the Company dated the __________ day of ____________________________________ herein affixed in the presence of _________________________________ who, in token there of, have here to set their respective hands in the presence of

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