the government of the hong kong special … · the hong kong special administration region planning...

RESTRICTED (TENDER) Sheet 1 of 65

Tender Ref. : PLNT 1/2018

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THE GOVERNMENT OF

THE HONG KONG SPECIAL ADMINISTRATION REGION

PLANNING DEPARTMENT

PROVISION OF SERVICES FOR EXHIBIT DESIGN, FABRICATION AND

MAINTENANCE FOR GROUND FLOOR, THIRD FLOOR

AND FOURTH FLOOR OF CITY GALLERY

N.B.: This Tender is NOT covered by the Agreement on Government

Procurement of the World Trade Organisation

TENDER DOCUMENTS

1. These Tender Documents consists of the following documents and should be read together with the Interpretation Section, the Terms of Tender and the General Conditions of Contract under BD-TERMS-2 (March 2018):

(a) Tender Form (Parts 1 to 5) in triplicate

(b) Appendix to BD-TERMS-2 (March 2018) (c) Supplement to the Interpretation Section of the Standard Terms and Conditions

(BD-TERMS-2 (March 2018)) (Sheets 3 – 6)

(d) Part 1 – Terms of Tender (Supplement) which is supplementary to Part 1 of BD-TERMS-2 (March 2018) (Sheets 7 – 14) Annex 1 to the Terms of Tender (Supplement): Assessment Criteria and Marking Scheme (Sheets 15 – 19) Annex 2 to the Terms of Tender (Supplement): Price Proposal (Sheets 20 – 21) Annex 3 to the Terms of Tender (Supplement): Details of Relevant Past Projects (Sheets 22 – 23) Annex 4 to the Terms of Tender (Supplement): Staffing Plan (Sheet 24) Annex 5 to the Terms of Tender (Supplement): Design Proposal (Sheets 25 – 26) Annex 6 to the Terms of Tender (Supplement): Reply Slip for Tender Briefing Session (Sheet 27) Annex 7 to the Terms of Tender (Supplement): Form of Banker’s Guarantee (Sheets 28 – 31)

(e) Part 3 – Special Conditions of Contract (Sheets 32 – 42)



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(f) Part 3A – Service Specifications (Sheets 43 – 56) Appendix 1 to “Service Specifications”: Layout Plans of City Gallery (Sheets 57 – 61) Appendix 2 to “Service Specifications”: Structure of Exhibits of City Gallery (Sheet 62) Appendix 3 to “Service Specifications”: Tentative Revamp Works for G/F, 3/F and 4/F of City Gallery (Sheets 63 – 65)

2. Tenderers are requested to note that Standard Terms and Conditions Ref. No. BD-TERMS-2

(March 2018) is applicable to this tender. It can be downloaded from the website at the Standard Terms and Conditions of the e-Tender Box (ETB) system at http://www.gldetb.gov.hk.

Tender Box situated on

THE GOVERNMENT OF

THE HONG KONG SPECIAL ADMINISTRATIVE REGION

PLANNING DEPARTMENT

TENDER FOR THE PROVISION OF SERVICES

TENDER FORM

Tender Ref. : PLNT 1/2018 Contract No. :

LODGING OF TENDER

To be accepted as a tender, this form, properly completed in triplicate and enclosed in a sealed plain

envelope marked “Tender for the Provision of Services for Exhibit Design, Fabrication and Maintenance

for Ground Floor, Third Floor and Fourth Floor of City Gallery (Tender Ref.: PLNT 1/2018)”

and addressed to the Chairman, Tender Opening Committee, Government Logistics Department

must be deposited in the Government Logistics Department

Lift Lobby on the Ground Floor, North

Point Government Offices, 333 Java Road, North Point, Hong Kong

before

12:00 noon

(time) on

30 July 2018 (date) (Hong Kong time).

Late tenders will not be accepted.

INTERPRETATION

PART 1 — TERMS OF TENDER

PART 2 — GENERAL CONDITIONS OF CONTRACT

PART 3 — SPECIAL CONDITIONS OF CONTRACT

PART 3A — SERVICE SPECIFICATIONS

Details on Interpretation, Terms of Tender, General Conditions of Contract, Special Conditions of Contract, Schedules and Annexes used for

tendering for the provision of services to the Government of the Hong Kong Special Administrative Region are contained in the Tender

Document which are available for viewing and downloading from the following website:

• https://www.gldpcms.gov.hk/etb_prod/jsp_public/sm/ssm00105.jsp

Copies of the Standard Tender Terms and General Conditions of Contract can also be obtained from the following:

Procurement Division, Government Logistics Department

9/F, North Point Government Offices,

333 Java Road, North Point, Hong Kong

(Internet Homepage-http://www.gld.gov.hk)

Dated this 9th day of July .

Government Representative

2018

Ms Lily YAM

PART 4 — OFFER TO BE BOUND

1. Having read the Tender Document, I/we agree to be bound by the terms and conditions as stipulated therein.

2. I/We do hereby agree to carry out the whole of the Services specified in the Service Specifications and Schedules, during the Contract

Period or any extension thereto be required, by or on behalf of the Government Representative to be carried out, at the prices quoted by me/us

in the Annex 2 to the Terms of Tender (Supplement) Price Proposal free of all other charges, subject to and in accordance with the terms and

conditions of the Tender Document.

3. I/We also certify that the particulars given by me/us below, are correct:

(a) Business Registration Certificate (No. ...................................................................................................................................................... )

which expires on .......................................................................................................................................................................................

(b) Employee’s Compensation Insurance Policy (No. .................................................................................................................................... )

which expires on .......................................................................................................................................................................................

Name of Insurance Company ....................................................................................................................................................................

4. I am/We are duly authorised to bind the company hereinafter mentioned by my/our signature(s).

or

I am a partner/We are partners in the firm hereinafter mentioned and duly authorised to bind the said firm and the partners therein by

my/our signatures.

5. The name of the company/firm is .....................................................................................................................................................................

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

6. The registered office of the company is situated at ...........................................................................................................................................

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

…..

or

The names and residential addresses of the partners of the firm are as follows:

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

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

7. Name(s), post(s)/title(s) and address(es) of person(s) signing:

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

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

Authorised

Signature(s) :

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

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

Dated this .......................... day of .................................... 20 ................

Notes: (i) All the particulars required above must be provided.

(ii) Strike out clearly alternatives which are not applicable.

PART 5

MEMORANDUM OF ACCEPTANCE

On behalf of the Government of the Hong Kong Special Administrative Region,

I ................................................................................................................................................................................................................................

(Name and position of officer)

accept your Tender for the Contract relating to the following item(s) in the Schedule. A copy of each document constituting the Contract is

hereby attached for identification purposes.

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

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

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

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

Dated this .......................... day of ...................................... 20 ................

Signed by the said ....................................................................... in the presence of : ....................................................................

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

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

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APPENDIX to BD-TERMS-2 (March 2018)

Contact details of:

(1) the Government Representative: Assistant Director/Technical Services (AD/TS)

Procuring Department: Planning Department

Address: 17/F, North Point Government Offices, 333 Java Road, North Point, Hong Kong

Attn: Ms Lily YAM

Facsimile Number: (852) 2877 0389

Email Address: [email protected]

(2) the Tenderer:

Address:

Attn:

Facsimile Number:

Email Address:

(3) Process Agent (for a Tenderer incorporated, formed or established outside Hong Kong):

Address:

Attn:

Facsimile Number:

Email Address:



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SUPPLEMENT TO THE INTERPRETATION SECTION OF THE

STANDARD TERMS AND CONDITIONS

(BD-TERMS-2 (MARCH 2018))

1.1 The terms defined in the Interpretation Section of the Standard Terms and Conditions

(BD-TERMS-2 (March 2018)) shall not apply to the following terms: “Contract”, “Contract Deposit”, “Contract Period”, “Contract Price”, “Estimated Contract Price”, “Government Representative”, “Price Schedule”, “Procuring Department”, “Tender Acceptance”, “Tender Closing Time”, “Tender Document”, “Tender Form” and “Tenderer”.

1.2 In addition to the terms defined in the Interpretation Section of the Standard Terms and

Conditions under BD-TERMS-2 (March 2018), the following terms are applicable to this Invitation to Tender and the Contract:

“Associate” of any person means (a) a relative or partner of that person; or (b) a company one or more of whose directors is in common with

one or more of the directors of that person;

“Associated Person” in relation to another person means (a) any person who has control, directly or indirectly over the

other; or (b) any person who is controlled, directly or indirectly, by another;

or (c) any person who is controlled by, or has control over, a person

at (a) or (b) above;

“control” in relation to another person means the power of a person to secure (a) by means of the holding of shares or interests or the possession

of voting power in or in relation to that or any other person; or (b) by virtue of powers conferred by any constitution, memorandum

or articles of association, partnership, agreement or arrangement (whether legally enforceable or not) affecting that or any other person; or

(c) by virtue of being or holding office as a director in that or any other person;

that the affairs of the first-mentioned person are conducted in accordance with the wishes of that other person;

“director” means any person occupying the position of director by whatever name called and includes without limitation a de facto or shadow director;



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“Chief Designer” means the key personnel who is responsible for the design of the exhibition with the requirements as specified in Clause 4.1(c) of the Terms of Tender (Supplement);

“Commencement Date” means [date] or such other date as may be specified by the Government Representative in the Letter of Conditional Acceptance to be given by the Government to the Contractor;

“Completion of the Services”

means completion by the Contractor of all the Services including the tasks and obligations in connection therewith to the satisfaction of the Government;

“Companies Ordinance (Cap. 622)”

means Cap. 622 of the Laws of Hong Kong and includes the predecessor Companies Ordinance which has the meaning assigned to it in section 2 of the Companies Ordinance (Cap. 622);

“Confidential Information”

means all the materials, data and information concerning the dealings, transactions or affairs of the Government, and all the materials, data and information which may come to the Contractor’s knowledge in connection with, incidental to or in the course of carrying out of the Services, the Materials, recommendations, advice or tests made, given or undertaken by the Contractor in connection with the performance of its obligations hereunder, any other information and data which the Government considers secret, confidential or commercially sensitive;

“Contract” means the contract between the Government and the Contractor in relation to the Services on and subject insofar as they are applicable to the terms and conditions contained in: (i) BD-TERMS-2 (March 2018) comprising: the “Interpretation”

Section, the “Terms of Tender” and the “General Conditions of Contract”;

(ii) the Tender Form; (iii) this Supplement to the Interpretation Section of the Standard

Terms and Conditions (BD-TERMS-2 (March 2018)); (iv) the Terms of Tender (Supplement); (v) the Special Conditions of Contract; (vi) Service Specifications; (vii) the Annexes in the form which were submitted by the

Contractor as part of its tender for the Contract, and accepted by the Government;

and all other attachments to any of the above.

“Contract Deposit” means the deposit as more particularly described in Clause 7 of the Terms of Tender (Supplement) and Clause 12 of the Special Conditions of Contract;



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“Contract Period” means the period of the Contract and any extension thereof as specified in Clause 1 of the Special Conditions of Contract;

“Contractor” means the Tenderer whose tender is accepted;

“Contractor’s Proposal” means the Contractor’s technical proposal and price proposal as varied and modified by subsequent written agreement between the parties;

“Deliverables” means all documents, design, drawings, plans, materials, models and any other things whatsoever created, supplied or produced pursuant to the provisions under this Contract, including all working papers, computer disks, tapes, hardware provisions and software programming, user manuals, technical notes and other material and documents written or produced by the Contractor being the work product and/or services required to be produced/furnished under the Contract including but without limitation those referred to in Clause 4 of the Services Specifications;

“Essential Requirements”

means the requirements as set out in Clause 4.1 of Terms of Tender (Supplement);

“Estimated Total Contract Value”

means the total estimated contract value quoted by a Tenderer in Annex 2 (Price Proposal) to the Terms of Tender (Supplement) for the purpose of tender evaluation and calculation of Contract Deposit;

“Fee”

means the price quoted by the Contractor in its Price Proposal and accepted by the Government being the consideration payable to the Contractor for the performance of the Services in the manner as provided in Clause 8 of the Special Conditions of Contract;

“Government Representative”

means the Director of Planning acting for and on behalf of the Government or any officer authorised to act on his behalf for the purposes of the Contract;

“HK Dollar”, “HK$” means the Hong Kong Dollar, the lawful currency of Hong Kong;

“Letter of Conditional Acceptance”

means the letter of conditional acceptance referred to in Clause 5 of the Terms of Tender (Supplement);

“Month” or “Monthly" means calendar month;

“Original Tender Closing Date”

means the date specified in the “LODGING OF TENDER” section of the Tender Form as the latest date before with Tenders must be deposited with the Government, regardless of whether the date has been extended subsequently;



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“Person” includes any individual, corporation, firm and unincorporated body;

“Planning Department” means the Planning Department of the Government;

“Project Manager”

means the key personnel of the Project Team who assumes overall responsibility of providing the Services and coordinating all the participants or partners where the Contractor is a joint venture, partnership or consortium with the requirements as specified in Clause 4.1(c) of Terms of Tender (Supplement);

“Project Team”

means the team of persons, agents or employees of the Contractor and the permitted sub-contractors approved by the Government to provide the Services in particular those Approved Team Members specifically mentioned in Clause 9 of Special Conditions of Contract;

“Relevant Persons” means the Contractor (where the context permits), each of its directors, employees, agents and sub-contractors who performs any of the Services under the Contract and their Associates and Associated Persons;

“Sub-contractor” means an entity with whom the Contractor enters into any sub-contract for the performance of any of the Services required under this Contract with the prior written consent of the Government; and

“Tender Closing Date”

means the dates specified in the “LODGING OF TENDER” section of the Tender Form as the latest date before which Tenders must be deposited with the Government, and such date as may be extended in accordance with Clause 3.7(b) of the Terms of Tender of the Standard Terms and Conditions (BD-TERMS-2 (March 2018));

“Tender Document” means the documents specified in Sheet 1 and any addendum issued under Clause 2 of the Terms of Tender of the Standard Terms and Conditions (BD-TERMS-2 (March 2018));

“Tender Validity Period”

means the period of time as stipulated in Clause 6 of the Terms of Tender (Supplement) during which the tender is to remain open;

“Tenderer” means the a tenderer who has submitted a tender in response to this invitation to tender;

1.3 For the purpose of this invitation to Tender and the Contract, the terms “essential

requirement” and “essential requirements” in the Terms of Tender of the Standard Terms and Conditions (BD-TERMS-2 (March 2018)) shall be read as “essential requirement” and “essential requirements” respectively, as the context may require or permit.



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PART 1

TERMS OF TENDER (SUPPLEMENT)

1. Invitation to Tender

1.1 Tenders are invited from Tenderers for the provision of the Services to the Government on

such terms and conditions as set out in the Tender Document.

1.2 A tender for part but not all of the Services will not be considered.

2. Tender Preparation

2.1 All Tenders must be completed in English and in ink or typescript in TRIPLICATE and be submitted in two separate sealed envelopes containing a price proposal and a technical proposal respectively in the manner as more particularly set out in Clause 3 hereof. The price proposal and the technical proposal should be completed and be prepared as set out in this Clause 2. Tenderers are also required to complete and submit all necessary information including documentary evidence which are necessary for tender evaluation.

PRICE PROPOSAL 2.2 Tenderers are required to submit a PRICE PROPOSAL, in TRIPLICATE, which shall be

prepared as follows: -

(a) The price proposal shall contain Annex 2 to the Terms of Tender (Supplement) – Price Proposal.

(b) The envelope containing the price proposal shall be marked as follows:

“Price Proposal – Tender for the Provision of Services for Exhibit Design,

Fabrication and Maintenance for Ground Floor, Third Floor and Fourth Floor of

City Gallery (Tender Ref.: PLNT 1/2018)”

(c) The price proposal submitted by the successful Tenderer will be subject to such modification as may be agreed with the Government and be incorporated into and form part of the Contract.

TECHNICAL PROPOSAL 2.3 Tenderers are required to submit a TECHNICAL PROPOSAL, in TRIPLICATE, which

shall be prepared as follows:

(a) The technical proposal shall, without any indication of the prices, contain the following contents together with documentary proof and other information as required for tender evaluation:

(ii) Annex 3 to the Terms of

Tender (Supplement) – Details of Relevant Past Projects

(iii) Annex 4 to the Terms of – Staffing Plan



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Tender (Supplement)

(iv) Annex 5 to the Terms of Tender (Supplement)

– Design Proposal

(v) Part 4 of Tender Form – Offer to be Bound

(b) The envelope containing the technical proposal shall be marked as follows:

“Technical Proposal – Tender for the Provision of Services for Exhibit Design,

Fabrication and Maintenance for Ground Floor, Third Floor and Fourth Floor

of City Gallery (Tender Ref.: PLNT 1/2018)”

(c) The technical proposal should be limited to 20 pages in length, excluding drawings and appendices. It should be inexpensively bound, printed on both sides and shall be of A4 size with 10cpi (12 points) as minimum size of fonts used for the text. The appendices (excluding curriculum vitae) attached to the technical proposal are limited to 20 pages in length whilst the page limit on curriculum vitae is 2 pages per staff.

(d) The technical proposal submitted by the successful Tenderer will be subject to such modification as may be agreed with the Government and be incorporated into and form part of the Contract.

2.4 Any failure to complete or submit the documents and/or information required under Clauses

2.2 and 2.3 above may, at the absolute discretion of the Government, render a Tender non-conforming and not to be further considered. However, a Tenderer should note that its Tender will not be considered further if, by the Tender Closing Date, the Tenderer fails to submit:

(a) a duly signed Part 4 of Tender Form “Offer to be Bound”; (b) a Price Proposal at Annex 2 to Terms of Tender (Supplement); (c) Annex 3 to Terms of Tender (Supplement); (d) Annex 4 to Terms of Tender (Supplement); and (e) Annex 5 to the Terms of Tender (Supplement).

2.5 Tenderers must ensure that there is no discrepancy between the original and the copies of the documents submitted to the Government. Should any discrepancies be found, the tender may be rejected.

2.6 Nothing in this Clause 2 shall limit the Government’s absolute right to determine or to request any other information/documents in connection with or arising out of this invitation to tender.

3. Submission of Tender

3.1 A two-envelope system will be adopted for this tender. A tender submitted in response to the

invitation to tender must include both the price proposal and the technical proposal prepared in TRIPLICATE. The two proposals must be placed inside two separate and sealed

envelopes, clearly labelled respectively “Price Proposal – Tender for the Provision of Services for Exhibit Design, Fabrication and Maintenance for Ground Floor, Third Floor and

Fourth Floor of City Gallery (Tender Ref.: PLNT 1/2018)” and “Technical Proposal – Tender for the Provision of Services for Exhibit Design, Fabrication and Maintenance for



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Ground Floor, Third Floor and Fourth Floor of City Gallery (Tender Ref.: PLNT 1/2018)”,

before being placed together in another sealed envelope marked “Tender for the Provision

of Services for Exhibit Design, Fabrication and Maintenance for Ground Floor, Third

Floor and Fourth Floor of City Gallery (Tender Ref.: PLNT 1/2018) and addressed to the Chairman of the Tender Opening Committee, Government Logistic Department. The envelopes should not bear any indication which may relate the tender to the Tenderer. The tender must be deposited in the Government Logistic Department Tender Box situated at lift lobby on the Ground Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong before the Tender Closing Date. Late tenders WILL NOT BE ACCEPTED.

3.2 In case a black rainstorm warning signal is issued or tropical cyclone warning signal No. 8 or above is hoisted for any duration between 9:00 a.m. (Hong Kong time) and 12:00 noon (Hong Kong time) on the Tender Closing Date, the tender closing time will be extended to 12:00 noon (Hong Kong time) on the next working day (i.e. except Saturday and Sunday and public holiday) when the black rainstorm warning or tropical cyclone signal No.8 or above is cancelled any time before 9:00 a.m. on that day.

3.3 All the appendices/schedules/annexes to the Terms of Tender, Conditions of Contract and the Service Specifications issued with this invitation to tender must not be altered by the Tenderer. However, completion of documents in the manner required under the Tender Documents will not be regarded as an alteration for the purposes of this Clause. Figures shall not be altered or erased; any alteration shall be effected by striking through the incorrect figures and inserting the correct figures in ink above the original figures. All such amendments shall be initialled by the Tenderer in ink. All such amendments shall be initialed by the Tenderer in ink.

4. Essential Requirements

4.1 A Tenderer must comply with ALL of the following Essential Requirements:

(a) A Tenderer MUST be bodies corporate either incorporated or registered under the Companies Ordinance (Cap.622) for at least two (2) years immediately before the Tender Closing Date.

(b) A Tenderer MUST have designed and fabricated at least two (2) exhibitions in Hong Kong and/or overseas during the past ten (10) years immediately prior to the Tender Closing Date of which the subject matters are related to city development and/or landuse planning and/or infrastructure and/or environment and/or leisure and recreation in nature(Note 1) (Note 2) (Note 3) (Note 5). At least one (1) of these projects must have a contract sum of not less than HK$1,500,000.

(c) The Project Team proposed by a Tenderer MUST include:

(i) one (1) Project Manager with a minimum of five (5) years of aggregate experience in Hong Kong and/or overseas in the fields related to manage project(s) for design and fabrication of exhibitions during the past ten (10) years immediately prior to the Tender Closing Date(Note 4) (Note 5); and

(ii) one (1) Chief Designer with experience of at least three (3) projects in exhibition design with exhibition venue size of at least 200m2 in Hong Kong and/or overseas during the past ten (10) years immediately prior to the Tender Closing



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Date(Note 4) (Note 5).

4.2 Tenders that fail to meet any of the Essential Requirements specified in Clause 4.1

above shall not be considered further.

****************************************************************************** Explanatory notes for the Essential Requirements

Note 1: Experience of a Tenderer gained in contracts as a contractor and/or sub-contractor will be counted.

The original Tender Closing Date will be adopted as the cut-off date for counting Tenderer’s

experience and qualifications even if the Tender Closing Date may subsequently be extended.

Note 2: A Tenderer is required to provide relevant contracts or other documentary proof to the satisfaction of

the Government to prove that it satisfies the experience requirement. The Government reserves the

right to decide whether the claimed past experience will be taken into account.

Note 3: The relevant contracts or other documentary proof for the Essential Requirements stipulated in Clause

4.1 above, clearly indicating the start date and end date of each assignment, shall be submitted on or

before the Tender Closing Date or a date to be specified by the Government Representative.

Note 4: Only relevant full-time experience of the Project Manager and Chief Designer of the Project Team

marked on Annex 4 to Terms of Tender (Supplement) and submitted on or before the Tender Closing

will be counted. The original Tender Closing Date will be adopted as the cut-off date for tender

assessment even if the Tender Closing Date may subsequently be extended. A copy of the

curriculum vitae for the Project Manager and Chief Designer has to be submitted on or before the

Tender Closing Date or a date to be specified by the Government Representative. The Government

will check and verify the relevancy of the experience where necessary. For the purpose of tender

assessment, the relevant experience of the Project Manager and Chief Designer could be gained under

the same contract or different contracts. The required years of experience is to be counted in days,

i.e. “a minimum of five (5) years of aggregate experience” is equivalent to having accumulated not

less than 1,826 days (i.e. 365 days x 4 + 366 days) of experience under a single contract or different

contracts. Experience of the Project Manager and Chief Designer under same and/or different

contracts is to be counted in accordance with the following example:-

Table 1: Experience of Project Manager counted

Clients Contract period Number of days counted for accumulated experience

Client A 16.4.2011-31.3.2014 1,081 days

Client B 1.10.2014-15.4.2017 745 days

Total: 1,826 days

Table 2: Experience of Chief Designer counted

Period of the Project (day/month/year) Project Title

Name of Client

Post Title Brief Description of the Assignment Venue Area (m2)

From To

1 16.4.2011 31.3.2014 Assignment A Client A Designer Designing and fabrication of exhibition

for Hong Kong XXX Museum 300

2 1.10.2014 15.4.2018 Assignment B Client B Chief

Designer

Designing and fabrication of exhibits

for China XXX Museum 700

Note 5: The Government may request the Tenderer to provide factual information not subject to manipulation

after the Tender Closing Date.

******************************************************************************



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5. Basis of Acceptance and Award of Contract

5.1 Tenders will be considered on an “overall” basis. Incomplete or partial offers will not be

considered further. 5.2 The Contract will normally be awarded to the highest combined price and technical score

according to the marking scheme set out in Annex 1 to the Terms of Tender (Supplement). Nevertheless, the Government does not bind itself to accept the highest combined score or any tender or to give any reasons for doing so. When two or more Tenderers score same highest combined scores, Tenderer that offered the lowest price will be considered.

5.3 The Government is not bound to accept the lowest or any tender and reserves the right to

accept all or any part of any tender at any time within the Tender Validity Period as mentioned in Clause 6 herein. The Government is not bound to give reasons for the acceptance or non-acceptance of any tender.

5.4 The successful Tenderer will receive a Letter of Conditional Acceptance from the Government notifying it the Government's conditional acceptance of its tender, subject to delivery to the Government of the Contract Deposit pursuant to Clause 7 of the Terms of Tender (Supplement) and fulfilment of any other conditions as the Government may specify therein.

5.5 Upon and subject to the successful Tenderer having duly complied with Clause 7 of the Terms of Tender (Supplement) and such other conditions as may be specified in the Letter of Conditional Acceptance by a specified date ("Specified Date"), a legally binding Contract will come into existence between the Government and the successful Tenderer.

5.6 If the successful Tenderer who receives the Letter of Conditional Acceptance fails to deliver the Contract Deposit in accordance with Clause 7 of the Terms of Tender (Supplement) of fulfil such other conditions as may be stipulated in the Letter of Conditional Acceptance by the Specified Date, the Letter of Conditional Acceptance shall lapse and be of no effect and the Government shall be at liberty to award the Contract to any other Tenderer, to conduct a fresh tender exercise or to take such appropriate action as the Government deems fit.

5.7 Tenderers who do not receive any notification of acceptance within the Tender Validity Period may assume their tenders have not been accepted.

6. Tender to Remain Open

6.1 Tender submitted shall remain valid and open for acceptance on these terms for not less than

one hundred and twenty (120) days after the Tender Closing Date. 6.2 If before the expiry of the Tender Validity Period, a Tenderer withdraws its offer, the

Government will take due notice of the Tenderer’s action and this may prejudice its future standing as a Government contractor.

7. Contract Deposit

7.1 The successful Tenderer shall within twenty-one (21) days from the date of the Letter of

Conditional Acceptance or at such other time as shall be directed by the Government, deliver to the Government a Contract Deposit of any amount equivalent to two (2) percent of the



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Estimated Total Contract Value as set out in the successful Tenderer’s price proposal in Annex 2 to the Terms of Tender (Supplement) as security for the due and proper performance of the Contract. The Contract Deposit may be paid either in cash or by way of a banker’s guarantee in the form as attached at Annex 7 of the Terms of Tender (Supplement) issued by a bank holding a valid banking licence granted under the Banking Ordinance (Cap.155)(the “Banking Ordinance)

7.2 Tenderers are required to elect which method of providing the Contract Deposit in Part III of

Annex 2 to the Terms of Tender (Supplement). In the event that the Contractor fails to elect which method of providing the Contract Deposit in Part III of Annex 2, it will be assumed that the Contractor will pay the Government the Contract Deposit by way of cheque or cashier’s order.

7.3 If a Tenderer elects to provide a banker’s guarantee,

(a) the Tenderer shall submit an original letter from a licensed bank within the meaning of the Banking Ordinance confirming that it will provide to the Government within the time specified in 7.1 a banker’s guarantee in the format set out at Annex 8 to the Terms of Tender (Supplement);

(b) the banker’s guarantee duly executed shall be submitted to the Government in accordance with Clause 7.1;

(c) the banker’s guarantee must remain in force from the Commencement Date until the

date specified in (i) or (ii) below, whichever is later or applicable:

(i) three months after the expiry or early termination of the Contract; (ii) upon early termination or expiry of the Contract Period, there remains any

outstanding obligations and liabilities of the Contractor under the Contract which have not been duly and fully carried out, completed and discharged in accordance with the Contract, or there is any outstanding claim or right of the Government, the date on which all such obligations liabilities, rights and claims have actually been carried out, completed and discharged (as confirmed by the Government Representative in writing), or failing such confirmation the date shall not in any event be later than twenty-four (24) months after the expiry or early termination of the Contract Period.

7.4 If a Tenderer fails to deliver to the Government the Contract Deposit within such time as

specified in 7.1 above, the Government shall be at liberty to award the Contract to any other Tenderer, to conduct a fresh tender exercise or to take such appropriate action as the Government deems fit.

8. Offer to be Binding

8.1 All parts of the Tender Documents submitted and offered by the Tenderer will be binding on

the Tenderer. A Tenderer is deemed to have satisfied itself as to the correctness of its tender. In the event that a Tenderer discovers an error in its tender after the tender has been deposited, the Tenderer may correct the same in a separate letter before the Tender Closing Date. No request for adjustment or variation whatsoever will be allowed or entertained after the Tender Closing Date.



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8.2 By signing the "Offer to be Bound", a Tenderer confirms that its offer has been made subject to the terms and conditions contained in the Tender Documents, and any variation or adjustment agreed with Government and upon being accepted by Government, be incorporated into and form part of the Contract.

9. Tenderer’s Response to Government Enquiries

In the event that the Government determines that clarification of any tender is necessary, it will advise the Tenderer accordingly indicating whether the Tenderer should provide any clarification or further information relating to its tender. Each Tenderer shall thereafter within five (5) days after the date of the Government’s request or such other period as specified in the request submit the requested clarification or further information. A tender may not be considered if complete information is not provided as required.

10. Documents of Unsuccessful Tenderers

Documents of unsuccessful Tenderers will be destroyed three (3) months after the date of the Contract has been awarded and the agreement signed.

11. Negotiations

The Government reserves the right to negotiate with any Tenderer about the terms of the offer.

12. Counterproposal

Any counterproposal on any aspect of the Terms of Tender, Terms of Tender (Supplement), General and Special Conditions of Contract may, at the option of the Government, render a tender NOT TO BE CONSIDERED FURTHER.

13. Tenderer’s Enquiries

13.1 Any enquiries from a Tenderer concerning the Tender Documents up to the date of lodging

its tender with the Government shall be in writing and shall be submitted to:

Director of Planning Planning Department 17/F North Point Government Offices 333 Java Road North Point Hong Kong (Attn.: Senior Town Planner/Community Relations) Fax.: 2877 0389 E-mail: [email protected]

13.2 After lodging a tender with the Government, a Tenderer shall not attempt to initiate any contact, whether direct or indirect, with the Government on its tender or the Tender Documents. The Government shall have the sole right to initiate any such further contact and all such contacts and any replies of the Tenderer thereto shall be in writing or formally documented in writing.



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14. Tender Briefing Session

14.1 A briefing session will be held as below: Date: 16 July 2018 (Monday) Time: 4:00 am Venue: 4/F Meeting Room, City Gallery, 3 Edinburgh Place, Central, Hong Kong

14.2 All interested parties are recommended to attend at their own costs the briefing session before submitting their tenders in order to acquaint themselves with the requirements of this tender and to determine the scale and cost of the Services to be provided.

14.3 For registration to attend the briefing session, Tenderers should complete the reply slip in Annex 6 to the Terms of Tender (Supplement) and fax it to the Planning Department at the fax number shown in the reply slip.

15. Complaints about Tendering Process

The tendering process is subject to internal monitoring to ensure that the Contract is awarded properly and fairly. Any Tenderer who feels that its offer has not been fairly evaluated may write to the Director of Planning who will personally examine the complaint and refer it to the approving authority/relevant tender boards for consideration if the complaint relates to the tendering system or procedures followed. The Tenderer should lodge the complaint within three (3) months after the award of Contract.

16. Deletion

For the purpose of this invitation to tender, Clauses 3.2, 3.7 (Tender Preparation), Clause 4 (Tenders to Remain Open), Clauses 9.3, 9.4 (Counter-Proposals), Clause 19 (Request for Information), Clauses 20.1, 20.2 (Tenderer’s Enquiries), Clause 22 (Negotiations), Clause 25 (Award of Contract), Clause 26 (Acceptance), Clause 27 (Contract Deposit), Clause 28 (Complaints about Tendering Process or Contract Award), Clause 29 (Documents of Unsuccessful Tenderers), and the Annex of the Terms of Tender (BD-TERMS-2 (March 2018)) are deleted.



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Annex 1 to Terms of Tender (Supplement)

Assessment Criteria and Marking Scheme

Assessment Criteria, Weightings and Procedure

1. The assessment on tender proposals will allocate a 40% weighting to the technical assessment

and a 60% weighting to the price of the proposals. All calculations of marks and scores will be rounded to two decimal places during tender assessment (e.g. figures with the values at the third decimal place larger than or equal to 0.005 will be rounded up by adding 0.01 to the figures and curtailing the third decimal place onward whereas figures with the values at the third decimal place below 0.005 will be rounded down by curtailing the third decimal place onward without changing the values at the second decimal place).

2. Under the use of the 40 : 60 technical to price weighting, tenders will be evaluated in the

following manner:

Stage I: Completeness Check Stage II: Compliance with Essential Requirements Stage III: Technical Assessment Stage IV: Price Assessment Stage V: Overall Assessment on Combined Scores

Stage I: Completeness Check

3. A completeness check will be conducted by checking whether the technical proposals of all

tenders received have been submitted in accordance with the requirements of the Tender Documents. If a Tenderer fails to submit any of the information/documents as

stipulated in Clause 2.4 of the Terms of Tender (Supplement) on or before the Tender

Closing Date, its tender will not be considered further. Only tenders that have passed this Stage I: Completeness Check will proceed to Stage II assessment.

Stage II: Compliance with Essential Requirements

4. A tender that has passed Stage I completeness check will be checked to determine its

compliance with all the Essential Requirements as set out in Clause 4.1 of the Terms of Tender (Supplement). A tender that fails to meet any of the Essential Requirements will not be

considered further. Tenders which have passed this Stage II assessment will proceed to Stage III Technical Assessment.

Stage III: Technical Assessment

5. For Tenderers that have passed Stage I completeness check and Stage II compliance with

essential requirements, their design proposal submitted under Annex 5 to Terms of Tender (Supplement) will be evaluated according to the assessment criteria below. All information in accordance with the items/aspects listed in Annex 5 to Terms of Tender (Supplement) shall be provided for assessment under each assessment criteria. The maximum technical mark which can be awarded to a tender is 87. Only those tenders which meet all the four (4) individual passing marks listed in the table below will proceed to Stage IV Price Assessment. If a Tenderer fails to meet any one of the four (4) individual passing marks in the technical



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assessment, its tender will not be considered further.

Assessment Criteria Passing Mark Maximum Mark

1. Design concept 10 30

2. Innovation and creativity in space, layout and

exhibit designs

9 27

3. Application of multi-media solutions and/or

appropriate technologies

6 18

4. Work plan 4 12

6. The calculation of weighted technical score of a conforming proposal (a conforming proposal

here means a tender which passes Stages I and II, and its technical assessment satisfies the passing mark requirements) in the technical assessment is:

40 X Total technical mark of the tender being considered

Highest technical mark among all conforming proposals

7. The marks allocated to each assessment criterion are set out below:

Assessment Criteria Mark

1 Design concept (Maximum mark: 30)(Note 1)

The design concept covers all items specified in Annex 5 to Terms of Tender (Supplement) (including lighting effect(s) and visual graphic effect(s) and colour tone(s) in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting all three (3) objectives: (i) effectively present town planning history; (ii) effectively present planning concepts (including sustainable, smart, green and resilient developments) and (iii) effectively present future planning visions (including the "Hong Kong 2030: Planning Vision and Strategy").

30

The design concept covers all items specified in Annex 5 to Terms of Tender (Supplement) (including lighting effect(s) and visual graphic effect(s) and colour tone(s) in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting two (2) of the three (3) objectives: (i) effectively present town planning history; (ii) effectively present planning concepts (including sustainable, smart, green and resilient developments) and (iii) effectively present future planning visions (including the "Hong Kong 2030: Planning Vision and Strategy").

20

The design concept covers all items specified in Annex 5 to Terms of Tender (Supplement) (including lighting effect(s) and visual graphic effect(s) and colour tone(s) in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting one (1) of the three (3) objectives: (i) effectively present town planning history; (ii) effectively present planning concepts (including sustainable, smart, green and resilient developments) and (iii) effectively present future planning visions (including the "Hong Kong 2030: Planning Vision and Strategy").

10

The design concept (including lighting effect(s) and visual graphic effect(s) and colour tone(s) in a comprehensive and overall approach) with illustration(s) and textual explanation(s) not meeting any of three (3)

0



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objectives: (i) effectively present town planning history; (ii) effectively present planning concepts (including sustainable, smart, green and resilient developments) and (iii) effectively present future planning visions (including the "Hong Kong 2030: Planning Vision and Strategy"); OR the design concept not covering all items specified in Annex 5 to Terms of Tender (Supplement) without information on lighting effect(s) or visual graphic effect(s) or colour tone(s) nor illustration(s) and textual explanation(s).

2 Space, layout and exhibit designs (Maximum mark: 27) (Note 2) (Note 3) (Note 4) (Note 5)

Space, layout and exhibit designs covers all items specified in Annex 5 to Terms of Tender (Supplement) (including layout plan(s) and exhibition experience flow(s) and all proposed exhibits in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting all three (3) objectives: i) effectively utilise the space on G/F, 3/F and 4/F of City Gallery; ii) achieve an interesting exhibition experience flow for G/F, 3/F and 4/F of City Gallery and iii) coherent with all exhibition zones in 1/F and 2/F of City Gallery.

27

Space, layout and exhibit designs covers all items specified in Annex 5 to Terms of Tender (Supplement) (including layout plan(s) and exhibition experience flow(s) and all proposed exhibits in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting two (2) of the three (3) objectives: i) effectively utilise the space on G/F, 3/F and 4/F of City Gallery; ii) achieve an interesting exhibition experience flow for G/F, 3/F and 4/F of City Gallery and iii) coherent with all exhibition zones in 1/F and 2/F of City Gallery.

18

Space, layout and exhibit designs covers all items specified in Annex 5 to Terms of Tender (Supplement) (including layout plan(s) and exhibition experience flow(s) and all proposed exhibits in a comprehensive and overall approach) with illustration(s) and textual explanation(s) meeting one (1) of the three (3) objective: i) effectively utilise the space on G/F, 3/F and 4/F of City Gallery; ii) achieve an interesting exhibition experience flow for G/F, 3/F and 4/F of City Gallery and iii) coherent with all exhibition zones in 1/F and 2/F of City Gallery.

9

Space, layout and exhibit designs (including layout plan(s) and exhibition experience flow(s) and all proposed exhibits in a comprehensive and overall approach) with illustration(s) and textual explanation(s) not meeting any of the three (3) objectives: i) effectively utilise the space on G/F, 3/F and 4/F of City Gallery; ii) achieve an interesting exhibition experience flow for G/F, 3/F and 4/F of City Gallery and iii) coherent with all exhibition zones in 1/F and 2/F of City Gallery; OR space, layout and exhibit designs not covering all items specified in Annex 5 to Terms of Tender (Supplement) (including layout plan(s) or exhibition experience flow(s) or proposed exhibits) or without illustration(s) or textual explanation(s).

0

3 Overall Approach for Application of multi-media solutions and/or appropriate

technologies (Maximum mark: 18) (Note 4)

Proposal of multi-media solutions and/or appropriate technologies covers all items specified in Annex 5 to Terms of Tender (Supplement) with illustration(s) and textual explanation(s) of all proposed exhibits in a

18



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comprehensive and overall approach meeting all three (3) objectives: (i) convey the message of the exhibit(s); (ii) draw visitors’ attention; and (iii) attract active participation of visitors.

Proposal of multi-media solutions and/or appropriate technologies covers all items specified in Annex 5 to Terms of Tender (Supplement) with illustration(s) and textual explanation(s) of all proposed exhibits in a comprehensive and overall approach meeting two (2) of the three (3) objectives: (i) convey the message of the exhibit(s); (ii) draw visitors’ attention; and (iii) attract active participation of visitors.

12

Proposal of multi-media solutions and/or appropriate technologies covers all items specified in Annex 5 to Terms of Tender (Supplement) with illustration(s) and textual explanation(s) of all proposed exhibits in a comprehensive and overall approach meeting one (1) of the three (3) objectives: (i) convey the message of the exhibit(s); (ii) draw visitors’ attention; and (iii) attract active participation of visitors.

6

Proposal of multi-media solutions and/or appropriate technologies with illustration(s) and textual explanation(s) of all proposed exhibits in a comprehensive and overall approach not meeting any of the three (3) objectives: (i) convey the message of the exhibit(s); (ii) draw visitors’ attention; or (iii) attract participation by visitors; OR proposal of multi-media solutions and/or appropriate technologies not covering all items specified in Annex 5 to Terms of Tender (Supplement) or without illustration(s) or textual explanation(s).

0

4 Work plan (Maximum mark: 12)

Work plan proposed is practical, implementable and effective for all three (3) aspects: (i) effective communication with other contractors from relevant Government departments (including building works, building services and E&M services); (ii) quality assurance and (iii) work flow and contains good suggestions for any two (2) of the three (3) aspects.

12

Work plan proposed is practical, implementable and effective for all three (3) aspects: (i) effective communication with other contractors from relevant Government departments (including building works, building services and E&M services); (ii) quality assurance and (iii) work flow and contains good suggestions for any one (1) of the three (3) aspects.

8

Work plan proposed is practical, implementable and effective for all three (3) aspects: (i) effective communication with other contractors from relevant Government departments (including building works, building services and E&M services); (ii) quality assurance and (iii) work flow.

4

Work plan proposed is not practical, not implementable or not effective for any of the three (3) aspects: (i) effective communication with other contractors from relevant Government departments (including building works, building services and E&M services); (ii) quality assurance and (iii) work flow or with no information on any one (1) item.

0

Full marks for technical assessment: 87

Note 1: Refer to Assessment Criteria 1 of Annex 5 to Terms of Tender (Supplement) for detailed information. Note 2: Refer to Assessment Criteria 2 of Annex 5 to Terms of Tender (Supplement) for detailed information. Note 3: An “exhibition experience flow” here means the planned exhibition visitation route and the user

experience of a visitor when walking through different floors of City Gallery and playing the exhibits along the route.



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Note 4: The “proposed exhibits” here means the exhibits proposed in the tenderer’s design proposal for G/F, 3/F and 4/F of City Gallery.

Note 5: Being “coherent with all exhibition zones” here means the spatial, layout and exhibit designs for G/F, 3/F and 4/F of City Gallery should take into account the design of existing exhibits and the spatial designs in 1/F and 2/F of City Gallery. The style of the floor layout as well as the outlook of the exhibits proposed for G/F, 3/F and 4/F of City Gallery should not be totally different from and result in an extremely different style in spatial layout and/or exhibit designs comparing with the existing 1/F and 2/F.

8. All conforming tenders that have passed Stage I and Stage II assessment will be invited to

attend a presentation to the tender assessment panel. The presentation may be aided by powerpoint and/or any other methods deemed appropriate. Each Tenderer will be assigned a maximum of 30 minutes to present its proposal and 10 minutes for a questions and answers session. The Tenderers will be informed of the date and details of the presentation within 7 working days from the Tender Closing Date. The content of the presentation shall be restricted to the information submitted by the tenderer in the design proposal of its tender. Clarifications may be required by the Government Representative in the presentation but the tenderer is not allowed to make any changes or improvements to its submitted design proposal.

Stage IV: Price Assessment

9. Price proposals of tenders passing Stage III assessment with incomplete or partial offers will

not be further considered. Only those tenders which make a complete offer will proceed to Stage V Combined Score Assessment.

10. A maximum weighted price score of 60 will be allocated to the tender offer with the lowest tender price, while the weighted price score for other tenders will be calculated by the following formula:

60 X Lowest tender price among all tenders which have passed Stages I to III

Tender price of the tender being considered which has passed Stages I to III

11. References to “tender price” shall mean the Estimated Total Contract Value as quoted by a

Tenderer in Annex 2 to Terms of Tender (Supplement).

Stage V: Combined Score Assessment

12. The calculation of combined score will be determined by the following formula:

Combined Score = Weighted Technical Score + Weighted Price Score 13. The tender with the highest combined score will normally be recommended for acceptance,

subject to the requirement that the Government is satisfied that the recommended tender is fully (including technically, commercially and financially) capable of undertaking the Contract, and that the recommended tender is the most advantageous to the Government in accordance with the tender provision.



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Price Proposal

(To be completed by Tenderer) (All offers in Hong Kong Dollars and round up to the nearest dollar)

Part I – Rates for Provision of Exhibition Design, Fabrication and Maintenance Services

Item Description Total Sum

(HK$)

1 Space, Layout and Exhibit Design ________________(a)

2 Project Management (include training, warranty and

maintenance etc.) ________________(b)

3 Interactive Solution Design and Software Programming ________________(c)

4 Production, Fabrication and Installation ________________(d)

Total Cost (E) (i.e. a + b + c + d) =

Part II – Rate for Additional Services

In case additional services are required under Clauses 8.5 to 8.9 of Special Conditions of Contract, fees shall be paid on a time charge basis.

(I)

Notional for Additional

Services (Man-hours)

(II)

Hourly Rate Per Staff (HK$)

(I) x (II)

Amount (HK$)

1. Project Manager 45 man-hours _______________(f)

2. Chief Designer 45 man-hours _______________(g)

3. Designer 75 man-hours _______________(h)

4. Programmer 120 man-hours _______________(i)

5. Technical Staff 150 man-hours _______________(j)

Total charges (K) (i.e. f + g + h + i + j) =

Estimated Total Contract Value (HK$) [i.e. (E) + (K)] __________________



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Notes to the Tenderer on the preparation of Price Proposal

1. The price proposal shall be completed in all aspects appropriate to the Services using this proforma.

2. The rates of charge offered in Parts I and II shall be the full inclusive value of the Services

covered by this Contract. The rates shall be inclusive of any and all expenses, costs, charges and disbursements which may be incurred by the Contractor in providing the Services under the Contract.

3. The notional additional service requirement in Part II is provided for Tenderers’ reference and for calculation of the Estimated Total Contract Value only. The time charge rates entered in Part II of the price proposal will be used for payment for additional services not covered by the Tender Specification. The Government does not warrant, undertake or bind itself to require such or any additional services under the Contract.

Part III – Method of Providing Contract Deposit

Tenderers are required to state their option for the payment of Contract deposit in the space provided below (please refer to Clause 6 of the Terms of Tender (Supplement)):

I am/We elect to pay the Contract Deposit by way of □ Cash

□ Banker’s Guarantee

Name of Tenderer in English :

Date:

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Details of Relevant Past Projects (To be completed by Tenderer in ink or typescript and included in technical proposal)

Name of the Tenderer:

To fulfill the Essential Requirement as specified in 4.1(b) of the Terms of Tender (Supplement), the Tenderer has to submit information with documentary proof so as to prove that it has designed and fabricated at least two (2) exhibitions in Hong Kong and/or overseas during the past ten (10) years immediately prior to the Tender Closing Date of which the subject matters are related to city development and/or landuse planning and/or infrastructure and/or environment and/or leisure and recreation in nature. At least one (1) of these projects must have a contract sum of not less than HK$1,500,000.

(By chronological order of time of completion of assignment)

Contract Date

Project Title Location Area (m2)

Project Contents and Themes (Note 1)

Key Personnel Responsible for the Project and Their Responsibilities

Contract Value (Note 2)

From To

1

2

Sheet 2

2 of 6

5

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Note 1: Please provide at least 4 images/plans of the exhibition for each project.

Note 2: At least one (1) of the projects must have a contract sum of not less than HK$1,500,000.

Note 3: The documentary proof (clearly indicating the start date and end date of each assignment), for example, letter of acceptance/contract award, etc., has to be submitted on or before Tender Closing Date or a date specified by the Government Representative.

Note 4: The date prior to the original Tender Closing Date will be adopted as the cut-off date for tender assessment even though the Tender Closing Date is subsequently extended.

Note 5: Experience of a Tenderer gained in contracts as a contractor/sub-contractor will be counted. The original Tender Closing Date will be adopted as the cut-off date for tender assessment even if the Tender Closing Date may subsequently be extended.

Note 6: Assessment on whether a Tenderer is in compliance with the experience requirements stipulated in Clause 4.1 of Terms of Tender (Supplement) will be solely based on information on the Tenderer’s past projects as stated by the Tenderer in its technical proposal in Annex 3 to Terms of Tender (Supplement) as at the Tender Closing Date. In this connection, a Tenderer must submit with its tender information on its past projects as required in Annex 3 to Terms of Tender (Supplement). The original Tender Closing Date will be adopted as the cut-off date for tender assessment even if the Tender Closing Date may subsequently be extended.

Use additional sheets if space is not enough.

Sheet 2

3 of 6

5



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Staffing Plan

(To be completed by Tenderer in ink or typescript and included in technical proposal)

Name of Tenderer:

To fulfill the Essential Requirement as specified in Clause 4.1(c) of the Terms of Tender (Supplement), the Project Team proposed by a Tenderer must include at least one (1) Project Manager and one (1) Chief Designer each with the requisite experience requirement as stipulated in Clause 4.1(c) of the Terms of Tender (Supplement).

Table 1: Experience of Project Manager

Position Member Name

Academic Professional Qualification

Exhibition Works Related Experience

Company Significant Projects /

Post and Duties

Year of Service

(Note 1)

Project

Manager (Note 2)

Table 2: Experience of Chief Designer(Note 2)

Period of the Project

(day/month/year) Project Title

Name of Client

Post Title Brief Description of the

Assignment

Venue Area (m2)

From To

Note 1: Years of service in different companies/positions working in relevant field could be accumulated.

Note 2: A copy of the curriculum vitae for the Project Manager and Chief Designer has to be submitted on or before the Tender Closing Date or a date to be specified by the Government Representative. The Government will check the relevancy of the experience from concerned parties where necessary.

Note 3: The original Tender Closing Date will be adopted as the cut-off date for tender assessment even if the Tender Closing Date may subsequently be extended.

Note 4: Only relevant full-time experience of the Project Manager and Chief Designer of the Project Team will be counted. The original Tender Closing Date will be adopted as the cut-off date for tender assessment even though if the Tender Closing Date may subsequently be extended.




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Design Proposal (To be completed by Tenderer in ink or typescript and included in technical proposal)

Notes to Tenderers

1. Failure to submit the design proposal on or before the Tender Closing Date will render a

tender invalid. 2. The design proposal submitted will be assessed in accordance with the assessment criteria and

marking scheme for tender assessment at Annex 1 to the Terms of Tender (Supplement). Omission of details required will affect scoring of a tender or may render the design proposal not being assessed in accordance with one or more assessment criteria (criterion).

3. Without prejudice to any other provisions of the tender, the design proposal, if accepted by the

Government, will form the basis for the work stages as specified in the Service Specifications. 4. The design proposal shall include, but not limited, to:

(1) design concept; (2) space, layout and exhibit designs (including all tentative major new exhibits and

modification to the existing exhibits on G/F, 3/F and 4/F of City Gallery as well as other supporting items on 3/F and 4/F of City Gallery as listed in Clause 2.4.2 in Part 3A Service Specifications);

(3) overall approach for application of multi-media solutions and/or appropriate technologies; and

(4) work plan. 5. The technical proposal should be limited to 20 pages in length, excluding drawings and

appendices. It should be inexpensively bound, printed on both sides and shall be of A4 size with 10cpi (12 points) as minimum size of fonts used for the text. The appendices (excluding curriculum vitae) attached to the technical proposal are limited to 20 pages in length whilst the page limit on curriculum vitae is 2 pages per staff.

6. The tenderer shall provide justifications and explanations regarding the revision, amendment

and/or propose new exhibit(s) to the tentative major items listed in Clause 2.4.3 of Part 3A Service Specifications to fully demonstrate how could the revision, amendment and/or propose new exhibit(s) meet the objectives for assessment purpose.



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Design Proposal

(To be completed by Tenderer in ink or typescript and included in technical proposal)

The Tenderer shall submit a design proposal covering the following items:

(1) Design concept: a design concept (including lighting effect(s) and visual graphic effect(s) and colour tone(s) in a comprehensive and overall approach) with illustration(s) and textual explanation(s), taking into account the design considerations specified in Clause 2.4 of Service Specifications of the Tender Document, to (i) effectively present town planning history; (ii) effectively present planning concepts (including sustainable, smart, green and resilient developments) and (iii) effectively present future planning visions (including the "Hong Kong 2030: Planning Vision and Strategy").

(2) Space, layout and exhibit designs: proposal(s) (including layout plan(s) and exhibition experience flow(s) and all proposed exhibits in a comprehensive and overall approach) with illustration(s) and textual explanation(s), taking into account the design considerations specified in Clause 2.4 of Service Specifications of the Tender Document to: (i) effectively utilise the space on G/F, 3/F and 4/F of City Gallery; (ii) achieve an interesting exhibition experience flow for G/F, 3/F and 4/F of City Gallery and (iii) coherent with all exhibition zones in 1/F and 2/F of City Gallery.

(3) Overall approach for application of multi-media solutions and/or appropriate technologies: proposal(s) with illustration(s) and textual explanation(s) with suitable, effective and appropriate multi-media solution(s) and/or technology(s) for all exhibits in a comprehensive and overall approach to (i) convey the message(s) of the proposed exhibit(s); (ii) draw visitors’ attention by measures including delivering sensational attractions (including visual and auditory effects); and (iii) attract active participation of visitors by incorporating appropriate technologies and the proposed exhibits should be interactive and require visitors’ participation to complete the visitation experience. Where it is considered appropriate and applicable, the examples of technologies to be adopted but not limited to Augmented Reality (AR), 3D projection mapping, hologram, motion sensor technique, smartphone experience, or some simple mechanical set-ups that require visitors to participate and complete the exhibition experience.

(4) Work plan: Measure(s) and/or proposal(s) for effective communication with other contractors from relevant Government departments (including building works, building services and E&M services), quality assurance and practical work flow.

(5) Others, if any




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Reply Slip for Tender Briefing Session (To be completed by Tenderer in ink or typescript)

To: Technical Services Section, Planning Department

(Attn: Senior Town Planner/Community Relations)

Fax: (852) 2877 0389

Details of Briefing Session

Date : 16 July 2018 (Monday)

Time : 4:00pm

Briefing Venue : 4/F Meeting Room, City Gallery, 3 Edinburgh Place, Central, Hong Kong

Details of Registration

The following person(s) from our company will attend the Briefing Session (maximum of four):

Name Post Title

(1)

(2)

(3)

(4)

Signature : Name :

Post title : Company :

Phone no.: Fax no. :

Email address : Date :

NOTE:

1. This form shall be completed and returned by fax to the Technical Services Section, Planning Department on or before 12:00 noon (Hong Kong time) on 13 July 2018 (Friday) (Hong Kong

time).

2. In case a black rainstorm warning signal is issued or Tropical Cyclone Warning Signal No. 8 or above is hoisted by the Hong Kong Observatory at 2:00pm (Hong Kong time) on 16 July 2018

(Monday), the tender briefing scheduled on that day will be cancelled and unless otherwise

announced, it will be rescheduled to 17 July 2018 (Tuesday) (Hong Kong time) at the same venue and time.



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Form of

Banker’s Guarantee THIS GUARANTEE is made the ….………… day of ……….….... 20 … BY………………………………………………………………………………………………. of ……………………………………….., a licensed bank within the meaning of the Banking Ordinance, Cap. 155 (“Guarantor") IN FAVOUR OF The Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“Government") WHEREAS (A) By a contract (Contract No: [xxx]) (“Contract”) dated [xxx] entered into between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“Government”) and [name of the Contractor] (“Contractor”) (designated as [ ]Contract No.[ ] of [ ]), the Contractor shall provide the Services (as defined in the Contract) on the terms and conditions of the Contract. (B) It is a requirement of the Government that the Guarantor executes this Guarantee under seal in favour of the Government. Now the Guarantor HEREBY AGREES with the Government as follows:- (1) Where applicable, words and expressions used in this Guarantee (including the recitals) shall have the meaning assigned to them in the Contract. (2) In consideration of the Government agreeing to enter into the Contract with the Contractor:- (a) The Guarantor hereby irrevocably and unconditionally guarantees, as a primary

obligor and not as a surety, and as a continuing security, the due and punctual performance and observance by the Contractor of all of its obligations under the Contract and the Guarantor shall pay to the Government on demand and without cavil or argument all monies and liabilities which are now or at any time hereafter shall become due or owing by the Contractor to or in favour of the Government under or in connection with the Contract together with all costs, charges and expenses on a full indemnity basis which may be sustained or incurred by the Government by reason or in consequence of any default on the part of the Contractor in performing or observing any of its obligations under the Contract.

(b) The Guarantor, as a primary obligor and not as a surety, and as a separate and

independent obligation and liability from its obligations and liabilities under sub-clause (a) above, irrevocably and unconditionally agrees to indemnify and



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keep indemnified the Government from and against and shall pay to the Government on demand and without cavil or argument all losses, damages, costs, charges and expenses on a full indemnity basis suffered or incurred by the Government arising from or in connection with the failure of the Contractor to perform or observe fully or punctually any of its obligations under the Contract.

(3) This Guarantee shall not be affected by any change of name or status in the company, firm or individual described as "the Contractor" or where the Contractor is a partnership, any change in the partners. (4) The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Government and the Contractor or by any change in obligations of the Contractor under the Contract or by any forbearance granted by the Government to the Contractor as to payment, time, performance or otherwise whether or not such arrangement, change or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor. (5) Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of:- (a) any suspension of, variation or amendment or supplement to the Contract

(including without limitation extension of time for performance) or any concession or waiver by the Government, in whole or in part, in respect of the Contractor's obligations under the Contract;

(b) any provision of the Contract being or becoming illegal, invalid, void, voidable

or unenforceable; (c) the termination of the Contract for any reason; (d) any forbearance or waiver of any right of action or remedy that the Government

may have against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Government in enforcing any right, power, privilege to or remedy available to the Government in relation to the obligations of the Contractor set out in the Contract;

(e) the voluntary or involuntary liquidation, bankruptcy, dissolution, sale of assets,

receivership, general assignment for benefit of creditors, insolvency, reorganization arrangement, composition, or other proceedings of or affecting the Contractor or its assets, or any change in the constitution of the Contractor;

(f) any assignment or sub-contracting by the Contractor of any or all of its

obligations set out in the Contract, whether or not such assignment or sub-contracting has been consented to; and

(g) without prejudice to the generality of the foregoing, any fact or event (whether

similar to any of the foregoing or not) which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release of or defence to the Guarantor, other than an express release of its obligations by the Government.



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(6) This Guarantee shall extend to all obligations of the Contractor under the Contract as the same may from time to time be amended or supplemented and the Guarantor hereby prospectively consents to whatever amendment, variation or supplement which may be made to the Contract. (7) This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full force and effect and irrevocable until:- (a) the date falling three (3) months after the expiry of the Contract (unless (b) is

applicable); or (b) in the case if at the time of expiry or early termination of the Contract Period,

all or any of the Contractor’s obligations and liabilities under or in relation to the Contract shall not have been performed, completed and discharged to the satisfaction of the Government Representative, or there remains any outstanding Government’s rights and claims under the Contract or otherwise at law arising from antecedent breaches of the Contract by the Contractor or which have otherwise accrued or arisen prior to the termination or expiry, the date falling twenty four (24) months after the early termination or expiry of the Contract Period.

(8) This Guarantee is in addition to and shall not merge with or otherwise prejudice or affect any contractual or other right or remedy or any guarantee, indemnity, lien, pledge, bill, note, charge or any other security which the Government may at any time hold (collectively “Other Security”) and this Guarantee may be enforced by the Government without first having recourse to any of the Other Security or taking any steps or proceedings against the Contractor, and notwithstanding any release, waiver or invalidity of the Other Security. (9) Any demand, notification or certificate given by the Government specifying amounts due and payable under or in connection with any of the provisions of this Guarantee shall be conclusive and binding on the Guarantor. (10) The obligations expressed to be undertaken by the Guarantor under this Guarantee are those of primary obligor and not as a surety. (11) This Guarantee shall be governed by and construed according to the laws for the time being in force in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and the Guarantor agrees to submit to the exclusive jurisdiction of the courts of Hong Kong. (12) All documents arising out of or in connection with this Guarantee shall be served:- (a) upon the Government, at ______________, marked for the attention of ______,

facsimile number _____; (b) upon the Guarantor, at , Hong Kong, marked for the attention

of , facsimile number . (13) Documents to be served under this Guarantee shall be deemed to have been duly served by one party if sent by letter or fax addressed to the other party at the address stated above or to the facsimile number set out above. The documents so served shall be effective (a) on the date of



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delivery if hand-delivered; (b) on the date of transmission if sent by facsimile (as evidenced by confirmed transmission report); and (c) if despatched by mail (whether registered or not), on the day on which they are tendered for delivery by the postal authority in Hong Kong. (14) Notwithstanding anything herein to the contrary, the aggregate amount of the Guarantor's liability under this Guarantee shall not exceed . (15) The Guarantor hereby acknowledges that:

(a) the Guarantor should read and fully understand, with the benefit of independent legal advice if necessary, the terms and conditions of this Guarantee before entering into this Guarantee; and

(b) no Government officer is authorised to advise on, make representations

regarding or amend the terms and conditions of this Guarantee. IN WITNESS whereof the Guarantor ……………………….has caused its Common

Seal to be hereunto affixed the day and year first above written.

* The [Common Seal/Seal] of the said Guarantor was hereunto affixed and signed by ………………………… ………………………………….…….. duly authorized by its board of directors:

) ) ) )

………………………………………… ) ………………………………………… )

@ Signed Sealed and Delivered for and on behalf of and as lawful attorney of the Guarantor under power of attorney dated …….. and deed of delegation dated …………………………... by ……………………………… and in the presence of…………. …………………………………

) ) ) ) ) ) ) ) )

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

) ) ) )

*

Please delete as appropriate.

@ See Powers of Attorney Ordinance, Cap. 31

Note: When bank guarantees are executed under power of attorney, a photocopy

of the power of attorney, certified on each page by a Hong Kong solicitor that it is a true and complete copy of the original should be submitted.



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PART 3

SPECIAL CONDITIONS OF CONTRACT

1. Contract Period

1.1 The Government engages the Contractor and the Contractor agrees to perform the Services

in accordance with the terms and conditions of the Contract.

1.2 The Contract shall commence on the date of the Letter of Conditional Acceptance issued to

the Contractor or such date as may be specified by the Government in the Letter of Conditional Acceptance until the Contractor has completed the Services under the Contract to the satisfaction of the Government in accordance with the work programme set out in Clause 5 of the Service Specifications subject to any extension of time as may be required or permitted by the Government. The Contractor shall be prepared to allow flexibility in the programme to cater for any changes in the work programme due to the requirement for the clearance of papers or reports by relevant boards, meetings or committees or for other reasons.

1.3 The Contractor shall not be regarded as having completed the Services until all the tasks set

out herein and such other tasks as may be required by the Government under the Contract shall have been completed to the satisfaction of the Government, including without limitation the submission of all the Deliverables required hereunder.

2. Variation

The Government may at any time during the term of the Contract, by giving fourteen (14) days’ written notice to the Contractor, make such changes as are reasonable in all the circumstances to the scope of the Services, the performance requirements and standards of requirements detailed in the Services Specifications as the Government may think fit to achieve the objectives stated in the Services Specifications. The cost of such changes (if any) and the impact of such changes on the timetable, charging and payment provisions of the Contract shall be mutually agreed in writing by the Government and the Contractor by making reference to and on the basis of the breakdown costs and fees quoted in the Contractor’s Price Proposal at Annex 2 to the Terms of Tender (Supplement).

3. Deliverables

3.1 The Contractor shall render the Services according to the work programme set out in Clause

5 of the Service Specifications. The Contractor shall prepare and submit to Government in the manner herein mentioned the Deliverables described in Clause 4 of the Service Specifications.

3.2 The Deliverables to be prepared and furnished by Contractor at the end of each phase/stage shall, when submitted to Government, be the proposals of the Contractor’s recommendations and shall be accompanied by all such designs, drawings, dimensions, plans, specifications, software, computerised model and other supporting and explanatory documents as may be necessary or required by the Government for the examination and consideration of the contents thereof.



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4. Defects and Deficiencies in the Deliverables

4.1 In the event that any of the Deliverables or the Services shall fail to comply with the

requirements of the Contract or the Contractor’s Proposal as accepted by the Government, or in the event that there is a breach of or non-compliance with any warranty, undertaking or obligation on the part of the Contractor to observe and perform which is capable of remedy, the Government may by notice in writing to the Contractor at any time require the Contractor to make good the deficiency and/or the breach at its sole costs and expenses within fourteen (14) days or such other date as may be stipulated by the Government in the notice.

4.2 For a Deliverable requiring rectification or re-work by the Contractor, the Government Representative shall, if necessary, co-ordinate the respective comments from its various Government bureaux and departments, committees, statutory and/or advisory bodies and forward the consolidated comments and requests to the Contractor.

4.3 Payments made by the Government to the Contractor shall not preclude the Government

from exercising its rights to request the Contractor to make good any defect, deficiency or breach pursuant to Clause 4.1 which may be discovered subsequent to the payment.

4.4 This clause shall survive the completion or termination of the Contract.

5. Acceptance of the Deliverables 5.1 Acceptance of each and every Deliverable shall only occur when the Government gives

written notice to the Contractor notifying the Contractor of its acceptance of such Deliverable. If the written acceptance is not given by the Government or no notice of defect or breach is made by the Government under Clause 3 within thirty (30) working days after the receipt of a Deliverable or revised Deliverable by the Government, subject to Clause 6.2, the Deliverable or revised Deliverable shall be deemed to be accepted by the Government.

5.2 Acceptance by the Government under Clause 5.1 of a Deliverable is solely for the purpose of payment of the Fee and shall not affect the rights of the Government under the Contract.

6. Delay

6.1 In the event that the Contractor fails to deliver any of the Deliverables within seven (7) working days of the scheduled date for the delivery of that Deliverable, the Government shall be entitled to terminate the Contract forthwith by giving written notice to the Contractor and to recover from the Contractor the amount of all damages and loss suffered by the Government resulting from such failure. Upon such termination the Contractor shall (without prejudice to the Government’s right to recover the amount of such damages and loss as aforesaid) forthwith refund to the Government all moneys previously paid to the Contractor under the Contract.

6.2 If the Contractor is prevented or delayed from performing its obligations under the Contract by reason of any act or omission of the Government, any services or deliverables affected by such delay shall be extended by the period of such delay.



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7. Contractor’s Obligations

7.1 The Contractor shall carry out the Services and prepare to the satisfaction of and submit to

the Government the Deliverables in manner as provided for in the Contract.

7.2 The Contractor shall at its own costs and expenses deliver such number of the hard and soft

copies of the Deliverables to the Government as may be requested from time to time by the Government.

7.3 The Contractor shall give such assistance as may reasonably be required by the Government

regarding the Deliverables, including explanation of the methodology, results of analysis and recommendations contained in the Deliverables. The Contractor shall give full and proper consideration to all queries, comments and suggestions made by the Government on the Deliverables, and where such comments and suggestions are made in writing, the Contractor shall provide written replies thereto.

7.4 Subject to Clause 7.1, whilst the Contractor may conduct the Services in such manner as it

deems fit, the Contractor shall comply with the reasonable requests of the Government and shall use its best endeavours to promote the interests of the Government in relation to the performance of the Services.

7.5 The Contractor shall comply with such reasonable instructions or directives as the

Government may from time to time give in relation to the Services. The Contractor shall take such instructions and directions from the Government and, where appropriate, receive the Government’s decisions and views through the Government Representative or such other person as the Government Representative may in writing designate.

7.6 The Contractor shall maintain all necessary liaison and consultation with relevant

government departments and bureau, as well as other bodies to obtain necessary information and statistics in the course of performing the Contract. Relevant records of meetings and correspondence with government departments and other bodies shall be copied to the Government Representative and other relevant parties.

7.7 Meetings between the Contractor and the Government Representative to review the work

progress of the Services shall be held at such intervals and at such places and times as may be determined by the Government Representative.

7.8 The Contractor shall provide briefings and presentations to Government officials and other

committees and bodies as and when required by the Government Representative.

7.9 The Contractor shall give the Government unlimited access to the Materials at all times for

the Government to examine and obtain reasonable number of copies thereof, at the cost of the Contractor.

8. Fee and Terms of Payment

8.1 Subject always to the terms and conditions of the Contract, and the Contractor having

performed the Services in accordance with the terms and conditions of the Contract to the satisfaction of the Government and the Contractor having provided to the Government Representative an invoice, the Government shall pay to the Contractor the Fee according to the following payment schedule:



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Payment No. Milestone events on which

Invoice are to be submitted by the Contractor

% of Lump Sum to be

included in the

invoice

1 On submission of Draft Preliminary Design Proposal 5

2 On Acceptance of Final Preliminary Design Proposal

9

3 On submission of Draft Detailed Design Proposal 9

4 On acceptance of Final Detailed Design Proposal 10

5 On acceptance of Final Contents Presentation Proposal

10

6 On completion of the 1st Production Review Inspection

25

7 On completion of the 2nd Production Review Inspection

17

8 On acceptance of on-site testing and commissioning 10

9 On acceptance of all documentation being submitted 5

Total : 100

8.2 Unless otherwise agreed in writing, payments under the Contract shall be made in Hong

Kong Dollars.

8.3 For the avoidance of doubt, the Fee is inclusive of all fees, costs, charges and disbursements

incurred by the Contractor in the performance of the Services including but without limitation, the costs and expenses incidental to the Contractor’s and Project Team’s attendance of meetings, the giving of presentations and briefings; the fees and/or royalties payable by the Contractor in connection with the permitted use of any third party Intellectual Property Rights in the performance of Services and preparation of the Materials; other out-of-pocket expenses such as travelling expenses, air passages, local subsistence allowances for expatriates and others, postage, international telephone calls, facsimile and telex expenses, office and hotel accommodation, secretarial support, computer facilities that may be incurred by the Contractor in the carrying out of the Services. The Fee is also inclusive of any and all fees, costs, charges and disbursements that may be incurred by the translators, agents, experts and/or advisors of the Contractor and those of the Contractor’s permitted sub-contractors.

8.4 The Contractor shall invoice the Government for each instalment payment. An invoice

shall only be issued by the Contractor to the Government after submission of the specified Deliverable or the acceptance in writing by the Government of the specified Deliverable in accordance with the payment schedule stipulated in Clause 8.1 above. Such invoice submitted by the Contractor shall, subject to the other provisions of the Contract, be settled by the Government by direct credit of to the Contractor’s bank account specified in the Contractor’s Proposal within thirty (30) working days after its receipt or acceptance of the services of each instalment, whichever is the later.



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8.5 The Contractor shall advise the Government of any additional services required before commencement of the additional services which must be approved by the Government Representative. The written notice of additional services together with the Government’s approval and acceptance of such additional services are condition precedents to any payment for additional services performed.

8.6 If the Government Representative agrees that the services are additional, he shall negotiate

with the Contractor a lump sum payment for the additional services.

8.7 The lump sum payment for the additional services shall be negotiated on the basis of the

Government Representative and the Contractor identifying which staff of the Contractor will be required to perform the additional services and the estimated hours required to complete the additional services. The charging rates shall be based on the all-inclusive hourly rates referred to in Part II of the Price Proposal quoted by the Contractor.

8.8 If the additional manpower and hours required cannot be identified and agreed by the

Government and the Contractor, the Government may nevertheless direct the Contractor in writing to proceed with the changes or additional services by making reference to and on the basis of the breakdown costs and fees quoted in the Price Proposal and the Contractor shall act accordingly.

8.9 Where additional fee would be payable for additional services authorised and requested by

the Government based on time charge, the Contractor shall keep accurate and updated timesheets showing clearly the time spent, the name of the fee earners, the daily rates and concise particulars of the additional services performed. Fees and expenses incurred for the additional services intended to be claimed shall be wholly, exclusively and necessarily incurred in the performance of the additional services. To claim for any approved additional fees and expenses for performing the authorised additional services, the Contractor shall produce to the Government an expense account with full itemised breakdown together with original receipted invoices.

8.10 All invoices and correspondence concerning payment should be addressed to:

Director of Planning Planning Department 17/F North Point Government Offices 333 Java Road North Point Hong Kong (Attn.: Senior Town Planner/Community Relations) Fax.: 2877 0389

The Government shall not be held responsible for any delay in payment if invoices and correspondence are not so addressed.

8.11 The Government is entitled to withhold the payment of any portion of the Fee in the event

that:

(a) any Services or any Deliverable is not performed to the satisfaction of the

Government;



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(b) that portion of the Fee is disputed by the Government on reasonable ground; (c) the Government has reasonable grounds to believe that the Contractor is or will be

liable to the Government under the indemnity clause for the loss or damage suffered by the Government; or

(d) the withholding is required by any applicable law.

9. Project Team

9.1 The Contractor shall maintain an office in Hong Kong for the purpose of carrying out the Services throughout the Contract Period. The Project Manager and the Chief Designer with the experience set out in Clause 4.1(c) of the Terms of Tender (Supplement)” shall be stationed in Hong Kong for carrying out the Services. The Project Manager shall assume overall responsibility of providing the Services and liaising with the Government. The Contractor shall provide the staff and manpower input in accordance with its staffing plan to be agreed with the Government Representative upon commencement of the Services. The Government Representative shall have the right to check the time-log record of the personnel deployed for the Services.

9.2 If the Government Representative considers that the performance of the Contractor is not satisfactory due to inadequate staffing, experience and manpower input allocated to the Services, the Contractor shall, upon the request of the Government Representative, forthwith submit to the Government Representative the time-log record of the personnel deployed for the Services for the Government Representative to check against the Contractor’s technical proposal.

9.3 The Contractor’s failure to adhere to their staffing proposal, in particular, in the employment of the Project Team members which causes an adverse impact on the performance of the Services, shall be duly reflected in the Government’s performance report on the Contractor.

9.4 If there is any change of the Project Team members, the Contractor shall report such change to the Government Representative as soon as possible. If any Project Team member resigns, the Contractor shall propose a competent substitute with equivalent or better experience and qualifications than the exiting member for the Government’s approval.

9.5 Where the Contractor is a consortium, unincorporated joint venture or partnership, the Project Manager shall coordinate with all the members, participants or partners of the Contractor.

9.6 If the Contractor shall contract out translation work to a sub-contractor, the translation sub-contractor and the translation work approach shall be agreed and approved by the Government Representative so as to assure the quality of the translation. The fees or expenses for the provision of the translation services rendered locally or overseas shall be borne by the Contractor solely.

9.7 The Contractor undertakes that all Services shall be provided by the Project Team members who meet the respective stipulated requirements under the Contract. The Project Team shall include the Project Manager and Chief Designer, any other Designer, Programmer, Technical Staff and any other professionals and staff approved by the Government for the purposes of providing the Services (“Approved Team Members”).

9.8 No person, except the Project Manager, shall occupy the positions of two or more Approved Team Members of the Project Team at the same time.



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9.9 The Contractor shall not replace or substitute any member of the Project Team without the prior written consent of the Government.

9.10 In the event of the death, incapacity or termination of employment of any member of the Project Team before completion of the Services, the Contractor shall at its own expense and as soon as reasonably practicable arrange to substitute or replace the individual member concerned. The Contractor shall without delay forward a curriculum vitae of the proposed substitute or replacement to the Government and shall warrant that it is complete and accurate in all material respects. In the event that the Government reasonably objects to or is not reasonably satisfied with the proposed substitute or replacement, the Contractor shall forthwith forward a curriculum vitae of another substitute or replacement, who shall be no less qualified or experienced as aforesaid.

9.11 The Contractor shall ensure that the substitute or replacement is no less qualified in terms of relevant experience and qualifications than the outgoing individual and is available at the relevant time to act as such replacement or substitute. Any replacement shall be subject to the prior written approval of the Government. The Contractor shall without delay forward a curriculum vitae and supporting proofs of the proposed replacement to the Government Representative for approval.

9.12 The Government is entitled to reject any nomination by the Contractor of any member of the Project Team and may request the removal or replacement of any member of the Project Team for security reason or due to conflict of interest in the opinion of the Government.

9.13 The Government shall in no circumstances be liable to the Contractor, its employee, agent or subcontractor in respect of any liability, loss or damage occasioned by such removal and the Contractor hereby agrees to fully indemnify the Government against any aforesaid claim made by such employee, agent or subcontractor.

10. Illegal Workers

In the performance of the Contract, the Contractor shall not employ any person who may not lawfully undertake employment in Hong Kong. Any employment by the Contractor in breach of this Clause shall entitle the Government, without prejudice to any other rights and remedies, terminate this Contract forthwith pursuant to Clause 14 hereof and the Contractor is not entitled to claim any compensation whatsoever.

11. Service of Notice

11.1 With reference to Clause 28 of General Conditions of Contract of BD-TERMS-2 (March 2018), further details are set out in Clause 11 of this part below. Such notices shall also be deemed to have been properly given hereunder and shall be effective on the date of delivery if hand-delivered.

11.2 Apart from the contact point set out in Clause 28 of General Conditions of Contract of BD-TERMS-2 (March 2018), notices, demands, invoices and other communications given or made under the Contract by the Contractor to the Government can also be sent to the address or facsimile number set out below:



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Director of Planning Planning Department 17/F North Point Government Offices 333 Java Road North Point Hong Kong (Attn.: Senior Town Planner/Community Relations) Fax.: 2877 0389

12. Contract Deposit

12.1 The Contractor shall have before the commencement of the Services deposited with the Government in cash or the form of a banker’s guarantee issued by a bank that holds a valid banking licence under the Banking Ordinance (Cap.155) in Hong Kong and on terms approved by the Government the Contract Deposit by way of security for the due and faithful performance of and observance by the Contractor the terms and provisions of the Contract.

12.2 The Contract Deposit, if in the form of cash, shall be retained by the Government, or if the form of a banker’s guarantee, shall come into effect on the date of the commencement of the Contract Period and remain in force until the date specified in (a) or (b) below, whichever is applicable and the later:

(a) The date falling three (3) months after the expiry of the Contract Period or sooner termination of the Contract; or

(b) upon early termination or expiry of the Contract Period, there remains any outstanding obligations and liabilities of the Contractor under the Contract which have not been duly and fully carried out, completed and discharged in accordance with the Contract, or there is any outstanding claim or right of the Government, the date on which all such obligations, liabilities, rights and claims have actually been carried out, completed and discharged (as confirmed by the Government Representative in writing), or failing such confirmation the date shall not in any event be later than twenty-four (24) months after the expiry or early termination of the Contract Period, whichever is the later. The aforesaid period (depending whichever is applicable) is hereinafter referred to as “Guarantee Period”.

12.3 If the Contractor fails to comply with any provisions of the Contract, without prejudice to

any rights that the Government has or may have against the Contractor, the Government may deduct from the Contract Deposit (and in the event that the Contract Deposit is paid by way of a banker’s guarantee, to call on the banker’s guarantee the amount) any costs, damages, losses or expenses incurred or suffered by the Government as a result of (whether directly or indirectly) a breach of the Contract by the Contractor, and any sums that are due to the Government under the Contract whether or not demand has been made.

12.4 The Contract Deposit (whether in cash or in the form of a banker’s guarantee) may be deducted or called on, without the Government first having recourse to any other security or rights or taking any other steps or proceedings against the Contractor or any other person, or may be enforced for any balance due after resorting to any one or more other means of obtaining payment or discharge of the monies, obligations and liabilities owed by the Contractor to the Government.



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12.5 The Contract Deposit shall be wholly forfeited to the Government in the event of the Contract being terminated in accordance with Clause 14.1 hereof.

12.6 If any deduction is made by the Government from the Contract Deposit or a call is made on the banker’s guarantee during the Contract Period, the Contractor shall, within fourteen (14) days on demand in writing by the Government Representative, deposit a further sum, or reinstate the level or extent of the banker’s guarantee in a sum equal to the amount so deducted or so called which further sum shall be added to the residue of and form part of the Contract Deposit, or procure the issuance of a fresh banker’s guarantee.

12.7 If the Contractor fails to replenish the Contract Deposit in accordance with Clause 12.6 above, without prejudice to any other rights or remedies which the Government has or may have against the Contractor, the Government may terminate the Contract forthwith by notice in writing to the Contractor.

12.8 Only upon the expiry of the Guarantee Period, the Contract Deposit (if in the form of cash and if any is remaining) will be refunded to the Contractor without interest; or in the form of banker’s guarantee shall be discharged or released.

13. Public Liability Insurance

13.1 The Contractor shall at its own costs take out and maintain and renew upon expiry, a public

liability insurance policy for this Contract throughout the Contract Period with an indemnity amount of not less than Ten Million Hong Kong Dollars (HK$10,000,000) per incident and for an unlimited number of claims arising during the Contract Period from injury to or death of any persons and for loss of or damage to any properties whatsoever where such injury, death, loss or damage (as the case may be) is caused by or arises out of any act, negligence or default of the Contractor, the Contractor’s Employees or any of its sub-contractors or agents.

13.2 The public liability insurance policy shall:

(a) exclusively for the Contract;

(b) be for the benefit and in the joint names of the Contractor and the Government or alternatively, if agreed with the Government Representative in writing, the Government’s interest shall be noted on the public liability insurance policy; and

(c) contain a clause whereby the insurer shall irrevocably and unconditionally waive any right of subrogation or any other right or claim against the Government.

13.3 The insurance policy shall be issued by one or more insurance companies authorised to carry

on the relevant insurance business under the Insurance Companies Ordinance (Cap. 41).

13.4 Upon issuance of the public liability insurance policy, the Contractor shall forthwith furnish a copy each of the same to the Government Representative for keeping.

13.5 Upon expiry of the public liability insurance policy during the Contract Period, the Contractor shall renew the same on and subject to the original terms and conditions or otherwise such revised terms and conditions as the Government Representative may stipulate. Upon issuance of the renewed public liability insurance policy, the Contractor shall forthwith furnish a copy of the same to the Government Representative for keeping.



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13.6 Under no circumstances whatsoever shall the Government be responsible for the premium payable under the public liability insurance policy or the premium payable for the renewal thereof.

13.7 The Contractor shall conform to the terms and conditions of the public liability insurance policy and all reasonable requirements of the insurers in connection with the settlement of claims, the recovery of losses and the prevention of accidents. The Contractor shall not do or permit or suffer to be done any act or omission whereby the public liability insurance policy shall be rendered void or voidable, or which would otherwise amount to a breach of the public liability insurance policy. The Contractor shall bear the economic consequences of, and indemnify the Government in full from and against any loss and liability which may arise from any failure of the Contractor to observe and comply with this Clause.

14. Termination

14.1 Without prejudice to other provisions of the Contract, the Government may forthwith terminate the Contract and without prejudice to any other rights which the Government has or may have if:

(a) the Contractor fails to carry out the whole or any part of the Services or to observe or perform any of the terms and conditions of the Contract, or to pay any of the sums payable by the Contractor under the Contract, or is in breach of its warranties or undertakings under the Contract or (in the case of a breach capable of being remedied) the Contractor has failed within fourteen (14) days or such longer period as the Government may allow after the receipt of a request in writing from the Government Representative (such request to contain a warning of the Government’s intention to terminate the Contract) so to do, to remedy the breach;

(b) the Contractor goes into liquidation or a petition is filed for the winding up of the Contractor's business otherwise than for the purpose of a reconstruction or amalgamation that is previously approved by the Government in writing or the Contractor becomes insolvent or makes any composition or arrangement with creditors;

(c) a receiver has been appointed over any of the Contractor’s assets or a distress or execution shall be levied or enforced upon or taken out against any of the Contractor’s chattels, properties or assets and shall not be discharged or stayed or in good faith contested by action within thirty (30) days thereafter;

(d) the Contractor shall stop payment to creditors generally or shall be unable to pay its debts within the meaning of any applicable legislation relating to insolvency, bankruptcy, liquidation or winding up, or shall cease or threaten to cease to carry on its business (except for the purposes of amalgamation, merger or reconstruction);

(e) the Contractor is or has been unreasonably delaying the provision of the Services or the Contractor fails to carry out all or any of the Services in accordance with the Contract;

(f) discovery of material misrepresentation made by the Contractor during the tender process;

(g) the Contractor assigns or purports to assign any or all of the burden or benefits of the Contract without the prior written consent of the Government Representative; or



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(h) the Contractor is found to have employed any person who is not lawfully employable or to have aided and abetted another person to breach its condition of stay.

14.2 Any termination of the Contract howsoever occasioned shall not affect any antecedent right

or liabilities of either party.

14.3 Notwithstanding anything herein to the contrary, the Government may at any time during

the Contract Period, at its option and without cause, terminate the Contract by giving the Contractor at least thirty (30) days’ written notice of such termination. The Government shall not be responsible for any loss or damage to the Contractor arising from such termination of Contract.

15. Effect of Termination

15.1 If the Contract is terminated, the Government shall:

(a) cease to be under any obligation to pay any Fee to the Contractor until all costs, loss

and/or damage resulting or arising out from the termination of the Contractor's engagement have been calculated and provided such calculation shows a sum or sums due to the Contractor;

(b) not be responsible for any losses or expenses suffered or incurred by the Contractor

due to the termination of the Contract;

(c) have, without prejudice to any claims made or to be made by the Government for breach of the whole or any part of the Contract, the right to engage replacement contractors or re-tender the Contract or any part thereof. The Contractor shall be liable for any amounts in excess of the Fee for the remaining term of the Contract Period and for all the costs and expenses incurred by the Government in engaging replacement contractors; and

(d) the Contractor shall forthwith deliver to the Government all originals and copies of

any Materials in whatever medium which are in the custody control or possession of the Contractor, its personnel or agents for the purposes of the Contract and shall certify to the Government that no copies thereof have been retained.

15.2 The rights of the Government are in addition to and without prejudice to any other rights the

Government may have whether against the Contractor directly or pursuant to any guarantee or indemnity.

15.3 Any termination of the Contract howsoever occasioned shall not affect any accrued right or

liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision thereof which is expressly or by implication intended to come into or continue in force on or after such termination.

16. Deletion

For the purpose of this Contract, Clauses 1.2 and 1.3 (Total Services and Variation), Clause 5 (Order and Provision of Services), Clause 10 (Payment of the Contract Price), Clause 11 (Contract Deposit), Clause 14 (Termination), and Clause 36 (Order of Precedence) of the General Conditions of Contract (BD-TERMS-2 (March 2018)) are deleted.



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PART 3A

SERVICE SPECIFICATIONS

1. Background

1.1 City Gallery was officially opened in August 2012 to showcase the planning and

infrastructure achievements of Hong Kong. It is a unique exhibition venue featuring Hong Kong’s major planning proposals and infrastructure projects in addition to exhibiting the outlook of our city’s future development. The Gallery aims to achieve the following objectives:

(a) to showcase Hong Kong’s major planning proposals and infrastructure projects;

(b) to manifest the vision of our city’s future development outlook;

(c) to provide a convenient venue with welcoming and inviting ambience for the Government to hold a variety of exhibitions, meetings, and public consultation forums on planning and infrastructure development proposals;

(d) to provide community and educational facilities including a resource centre for planning and infrastructure;

(e) to become a tourist attraction to promote Hong Kong as Asia’s world city; and

(f) to provide a flexible layout and use of the building to meet future requirements and changes in the exhibits and other display items for various exhibition purposes.

1.2 City Gallery is a five-storey building (Appendix 1) with a total gross floor area of about

3,265m2, which includes:

(a) exhibition area on thematic topics, Great World Cities, Unique Hong Kong (appears on each floor to form a linkage) and Registration, Reception area and Feedback Terminals (G/F);

(b) exhibition area on Living Environment, Protecting Our Heritage and Hong Kong Next Century (1/F);

(c) exhibition area on Strategic Picture, Strategic Infrastructure, Transport and Communications and Sustainable Development (2/F);

(d) Multi-Purpose Hall featuring a Mainshow on “Hong Kong from Past to Future” and exhibition area on Planning Process and Land Formation (3/F); and

(e) exhibition area on Visionary Hong Kong 200 cum resource corner (4/F).

1.3 From time to time, it is necessary to renew City Gallery including its exhibits to provide updated planning and development information to the community to more effectively promote government policy, initiatives related to planning and development, and to optimise the space design to cater for more patronage as well as increasing need for multi-purpose use.

1.4 Accordingly, a consultancy study for the Review of the Exhibition Zones and Exhibits at

City Gallery (the Review Study) was completed in 2016. The Review Study has



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reaffirmed the need for a major revamp of City Gallery. Taking consideration of cohesiveness of exhibits, work programme, minimising disruption to visitors and cost effectiveness, the Review Study recommended a scope focusing on G/F, 3/F and 4/F of City Gallery of which the content and functions are highly interrelated. The recommended scope for G/F, 3/F and 4/F includes the following major components:

(a) opening up G/F area for a new Hong Kong territory-wide interactive display exhibit and revamping the floor layout for increasing the capacity and flexibility;

(b) transforming the existing multi-purpose hall on 3/F to a flexible multi-purpose space for optimising utilisation of space with a new projection system;

(c) modifying the existing meeting room on 4/F to a multi-functional room with foldable partitions with an improved audio-visual system; and

(d) converting the existing space on 4/F to encourage public activities with a participatory mural wall.

1.5 In early 2018, the 4/F of City Gallery has been redesigned into a new exhibition zone

“Visionary Hong Kong 200”, exhibiting physical models of major new developments and a planning history corridor. The exhibits will upgrade the services of City Gallery in meeting the social aspirations for updated planning information and news, pending the major revamp of City Gallery.

1.6 The major revamp of City Gallery is essential to upkeep its image and role to showcase the planning infrastructure to the overseas and local visitors as well as the professionals, academics and other sectors of the community. The revamp should largely follow the recommendations of the Review Study which is to undertake revamp works on G/F, 3/F and 4/F of City Gallery complemented by new exhibits and enhancement of existing exhibits with appropriate modern technologies/equipment. The “Visionary Hong Kong 200” exhibition zone and its exhibits on 4/F of City Gallery should also be reviewed and revamped by making reference to the recommendations of the Review Study as appropriate. The exhibits should be designed in a comprehensive manner in order to deliver a cohesive, holistic and systematic experience to visitors of all ages and background. The exhibits/installations on various floors are inter-related and complementary.

1.7 Contractor(s) of the Architectural Services Department (ArchSD) and the Electrical and Mechanical Services Department (EMSD) would provide services for all A&A and E&M works related to the major revamp of G/F, 3/F and 4/F of City Gallery. The A&A and E&M works include but not limited to the following items:

(a) all related demolition and rebuilding of partition wall(s);

(b) all associated E&M and lighting works;

(c) relocation of the time capsule at G/F;

(d) flexible partition and lighting for 3/F multi-purpose space;

(e) installations for the G/F multi-purpose space to allow flexible use of permanent/temporary exhibition and meeting; and

(f) production and installation of the overall signage system.



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1.8 Planning Department (PlanD) wishes to appoint a Contractor to provide exhibit design, fabrication and maintenance services for G/F, 3/F and 4/F of City Gallery (the Services).

1.9 The revamp works shall be conducted in phases to minimise disturbance to daily operation

of City Gallery and its services to the public. The Services is targeted to commence in September 2018 and be completed by August 2020.

2. Scope of the Services

2.1 The Services shall cover the whole range of services including:

(a) develop a new design theme of City Gallery to cohesively integrate the revamped G/F, 3/F and 4/F with the existing 1/F and 2/F of City Gallery;

(b) detailed space, layout and exhibit designs;

(c) production, fabrication and installation of exhibits;

(d) site supervision of exhibit fabrication and installation;

(e) testing and commissioning;

(f) defects rectification and monitoring;

(g) necessary update of and/or amendment to hardware and software of exhibits during the testing and commissioning period;

(h) warranty and maintenance of exhibits for 12 months upon completion of the Services; and

(i) liaise, coordinate and resolve inter-face issue(s) with contractor(s) of the Architectural Services Department (ArchSD) and the Electrical and Mechanical Services Department (EMSD) which would provide services for all A&A and E&M works related to the major revamp of G/F, 3/F and 4/F of City Gallery as stated in Clause 1.7 above.

2.2 The Contractor’s services shall include:

(a) all services and inputs relating to I.T., electronic, audio-visual, multi-media solution, acoustical elements/system of the exhibit design;

(b) all specialist skills and technologies necessary for the provision of the exhibits, including but not limited to graphic and interior design, exhibition planning, model design and production and audio-visual and multi-media display;

(c) all work necessary in connection with the production, fabrication and installation of all items and equipment related to exhibits;

(d) design of overall signage system for all floors of City Gallery;

(e) coordinate design in coherent with all exhibition zones including those in 1/F and 2/F of City Gallery; and

(f) provision of all proposed exhibits’ hardware and equipment as permanent exhibits of City Gallery.



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2.3 The work stages that the Contractor is to undertake are:

(a) Work stage 1: Preliminary Design

(b) Work stage 2: Detailed Design

(c) Work stage 3: Contents Development and Production

(d) Work stage 4: Fabrication and Installation

(e) Work stage 5: Training, Warranty and Maintenance

2.4 Design Considerations

2.4.1 In order to present the updated planning and development information to the community to more effectively promote government policy, initiatives related to planning and development and to optimise the space design to cater for more patronage, the focus of exhibits to be displayed in City Gallery should shift away from the current infrastructure and project oriented approach, towards a stronger emphasis on planning concepts and future vision while providing information on town planning history. With the focus of the gallery shifting in balance away from infrastructure and engineering towards planning visions and planning principles, the needs of content interpretation have also changed. Certain sections of exhibit content are no longer deemed to be that important, and some are covered by other Government departments in their own dedicated visitor centres. The existing and tentative adjusted content narrative and key messages for G/F, 3/F and 4/F of City Gallery are at Appendix 2.

2.4.2 The tentative major new exhibits and modification to the existing exhibits on G/F, 3/F and 4/F of City Gallery as well as other supporting items on 3/F and 4/F of City Gallery to be undertaken in this Contract are listed as follows. Plans indicating the recommendations of the Review Study are at Appendix 3:

Exhibit Description

G/F

New Introduction Film and Physical Model

Physical model of Hong Kong in a scale of 1:10,000 with a size approximately 5m x 5m. The physical model should interactively trigger the introduction film of about 2.5 minutes to explain the vision and mission of the Planning Department as well as general introduction of town planning in Hong Kong. The video should be in three (3) languages (i.e. Cantonese, Putonghua and English) with Traditional Chinese and English titles and sub-titles where applicable and displayed in two (2) tv screens with VIP mode activation interface.

Update the Great World Cities Exhibit

Retain the existing hardware as far as possible, update the software and change to use Content Management System (CMS). Reduce the number of cities while adding two additional parameters for each city. The QR code function should be deleted. Since partial of the wall would be demolished, the number of display screen should be reduced by one (1) number.



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New Digital Infographic Exhibit

Making use of at least two (2) 4K LCD screens (or screens with equivalent/above quality) to provide interactive digital infographics about fast fact comparisons between Hong Kong and other cities.

3/F (Remark 1)

New Main Show Film Produce a new main show film, in at least two (2) separate episodes as far as possible, with a total length of approximately ten (10) minutes in three (3) languages (i.e. Cantonese, Putonghua and English), with Traditional Chinese and English titles and sub-titles where applicable, to be shown on one of the proposed new projectors in the Multi-purpose Space. The film could be a compilation of existing footage and images about the history and future planning and development of Hong Kong. The new main show film should be able to deliver the key message(s) of the film when played under separate episode mode as well as in full length mode. This is to replace the existing Main Show video.

Redesign the Existing Planning History Exhibit (tentatively renamed as Planning Timeline)

Graphic and interactive timeline highlighting major events in the historical development of planning in Hong Kong. Interaction by using “Leap-motion” or other similar gesture interface to allow visitors swiping to control left and right movements on the timeline.

Redesign the Changing Skyline and Coastline Exhibit

The old skyline models to be removed and replaced with four (4) 42” LCD screens. The content of a mixture of outline illustration and image slideshow of the view and buildings from different periods to be displayed. Update is needed for the Changing Coastline section to include the latest maps and information.

Amending the Street Name Game

Exhibit to be retained and edited to add more effective description of how it works.

4/F

New Participatory Mural Wall

Change the wall along the windows to a mural wall with line art graphic stencilled on the wall for participation by visitors. Approximately 25m (width) x 3m (height). Appropriate technology might be applied for interactive effect.

Remark 1: The existing Land Formation exhibit on 3/F of City Gallery should be deleted.

Other Supporting Item Description

3/F

New Multi-purpose Space Projection System

A new set of 4K Laser projection system for the more flexible Multi-purpose Space (i.e. foldable/movable partitions to be provided by ArchSD). Two (2) projectors should be provided in the Multi-purpose Space (i.e. one each for each side of the Multi-purpose Space). This is to replace the existing Main Show exhibit hardware as a platform for presentations.



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New Projection Screens Provision of two (2) motorised projection screens which are 4m in width (i.e. one each for each side of the Multi-purpose Space).

4/F

New Furniture for Visitors Approximately 18 tables and 60 chairs which are all stackable and convenient in terms of storage.

Workshop Kits for Parent-child Workshops

Develop at least four (4) sets of parent-child workshop kits making use of various means such as plastic bricks.

2.4.3 The Contractor should make appropriate revision, amendment and/or propose new exhibit(s)

to the tentative major items listed above. The Contractor may propose alternative presentation(s)/treatment(s) for the new exhibits and/or exhibits to be modified that could deliver the same messages/information/materials to the visitors. The Contractor shall propose the format, style and use of material for the set of physical model to be provided on G/F which is to be produced by the Contractor under this Contract and design the presentation and display for the physical model. The Contractor shall also review the layout, exhibits and spatial arrangement of the existing 4/F of City Gallery making reference to the “Visionary Hong Kong 200” new exhibition zone. Existing materials and/or exhibits of the “Visionary Hong Kong 200” exhibition zone might be retained, modified and/or reused where applicable. The following exhibits must be provided by the Contractor under this Contract:

(a) New introduction film and physical model on G/F;

(b) New main show film on 3/F; and

(c) Workshop Kits for Parent-child Workshops for 4/F. 2.4.4 The Contractor in undertaking the design work for the Services shall take into account the

design of the existing exhibits at various floors of City Gallery including the themes of the respective exhibition zones, graphics pattern, lighting, materials and colours etc.

2.4.5 The design of the exhibits shall be stylish and innovative while corresponding with the existing design of 1/F and 2/F of City Gallery. A universal design approach should be adopted to allow for handicapped access. The visual and interactive display format of the exhibits shall be presented in a friendly and trendy manner and targeting the general public and tourists audience, who should find the exhibits (i) attractive and interesting; (ii) easy-to-understand; and (iii) inspiring, through interactive elements to present and explain Government’s initiatives.

2.4.6 The Contractor shall provide comprehensive production plans and drawings for the installation work. All proposed displays, exhibits materials and software programme in the design should be practical and cost effective.

2.4.7 The Contractor shall be responsible for providing production related tools and equipment, and producing suitable images for the exhibit(s). The design and all proposed installation must enable the visitors to have as much hands-on experience as possible to arouse their interest of post-visit learning. The Contractor shall adopt the most appropriate, current and advanced technologies in design and propose hardware, software, programmes, video and 3D digital displays to the satisfaction of the Government Representative.



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2.5 Fabrication Budget For reference, the design proposal should work within a fabrication budget of no less than 65% of the total project cost which should include prototyping, acquisition and production of the exhibits, procurement and installation of the equipments required, provision of multi-media devices and software programming, graphics and environmental elements production, control systems, supply and installation of special lighting or other items as required.

2.6 General Requirements 2.6.1 The Contractor shall undertake all coordination work for setting up of all exhibits including

audio-visual equipments in support of the display materials. The Contractor shall also work closely, effectively and efficiently with the contractor(s) of ArchSD and/or EMSD to resolve any possible interface issue induced.

2.6.2 The Contractor shall plan and schedule working meetings at appropriate time and any other meetings as may be required by the Government Representative to discuss the progress and issues of the Services during the course of the contract period. The Contractor is required to prepare working meeting agendas, and to take notes for all the working meetings with various parties.

2.6.3 The Contractor shall plan, expedite and report progress, follow up all outstanding issues with all related parties, suggest solutions and resolve difficulties throughout the Services.

2.6.4 Throughout the Services, the Contractor shall comply with all instructions of the Government Representative so far as they are applicable to the Services and shall supply such information and documents as may be required by the Government Representative for compliance with relevant Statutory Regulations, Government Procedures, Instructions and Circulars in connection with the services.

2.6.5 The Contractor shall give consideration to all conservation, engineering, environmental, economic, financial, political, legal, social, operational and contractual implications of his proposals and recommendations.

3. Project Team

3.1 The Services will require multi-disciplinary inputs and the project team shall be competent

in providing input for the following:

(a) city planning and infrastructure development in Hong Kong;

(b) architectural, interior and graphic design;

(c) exhibit design;

(d) copywriting;

(e) audio-visual presentation/production and multi-media solution;

(f) production of physical model; and

(g) light, sound and visual images.



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3.2 The Contractor may team up with other sub-contractors to provide the Services. Including the Project Manager and the Chief Designer to comply with the Essential Requirement as specified in Clause 4.1(c) of Terms of Tender (Supplement), the Contractor shall deploy at least six (6) core members, including copywriter(s) providing copywriting services in Chinese and English, in the project team for the provision of the Services. The detailed staffing plan shall be submitted to the Government Representative for agreement within two (2) weeks upon commencement of the Services. Subsequent changes in key team members shall be subject to the prior consent of the Government Representative.

4. Deliverables and Detailed Requirements for the Work Stages

The Contractor shall prepare and submit the following deliverables for the tasks and comply with the detailed requirements for the different work stages as identified below or instructed by the Government Representative.

4.1 Work Stage 1: Preliminary Design 4.1.1 At the commencement of the Services, the Contractor is required to meet in Hong Kong

with the Government Representative to review the content and themes of the Services to be carried out to ensure agreement on all content issues. The Contractor’s design proposal as included in Annex 5 to the Terms of Tender (Supplement) will form the basis for discussion but in no case should be regarded as agreed design.

4.1.2 The Contractor shall develop, prepare and submit to the Government Representative a

Preliminary Design Proposal comprising the following:

(i) schematic plans, elevations, graphic illustration and perspective sketches to show the spatial design and flow of the exhibition for City Gallery;

(ii) visuals and sketch design of all exhibits and overall signage system of City Gallery;

(iii) outline design and material specification for the physical model to be produced under

this Contract and other proposed displays; (iv) illustration of interpretative display media and methods; (v) a preliminary list of artifacts and objects, if proposed, to be displayed; (vi) a preliminary list of photographs, illustration, graphics and other visual supporting

material together with recommended length of text for the display panels;

(vii) bilingual (Traditional Chinese and English) editing service for the exhibit contents; and

(viii) detailed work programme.

4.2 Work Stage 2: Detailed Design 4.2.1 If, and insofar as necessary, the Contractor shall at this stage review and, subject to the

approval of the Government Representative, update and make all such changes to the results of work accomplished during the Work Stage 1: Preliminary Design as may be necessary.



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4.2.2 Based on the Preliminary Design Proposal approved by the Government Representative, the Contractor shall develop and submit to the Government Representative a Final Design Proposal comprising the following:

(i) finalised plans, elevations, graphic illustrations and perspective sketches to show the

spatial design and comprehensive flow of visitors for City Gallery;

(ii) finalised selection of colour, fabrics, materials and finishes for all displayed elements, physical model, text panel layouts, titles, substitles and labels, graphic elements, exhibits and showcase layouts, audio-visual/multi-media presentations, structural engineering, mechanical, electrical, lighting, I.T., electronics, acoustical requirements, replicated element; and

(iii) detailed design and detailed data sheets for each proposed exhibit, film introduction

and workshop kits (data sheets should list out the flow of the exhibit experience). 4.3 Work Stage 3: Contents Development and Production

4.3.1 The Contractor shall develop and submit to the Government Representative the Contents

Presentation Proposal with the information/text/graphics proposed by the Contractor and/or provided by the Government Representative. The Contractor shall produce one (1) set of physical model in this Contract. The Contractor shall also produce scripts and/or contents by copywriter in both Traditional Chinese and English for all proposed new videos/films included in this Contract, and any other software programme for interactive media exhibits where applicable.

4.3.2 The Contractor shall review all such prototypes as required to be developed and prepared for

production of the exhibits. While the production is underway, the Contractor shall monitor the progress thereof, including but not limited to the strict adherence to the work programme, quality, performance and observance of all the other terms of the Contract under which such fabrication/production are carried out.

4.3.3 The Contractor shall arrange at least two (2) production review inspections with the Government Representative to examine and test on the quality and standard of the production of the exhibits including the physical model. Transportation at the cost of the Contractor shall be provided to the Government Representative and the PlanD project inspection team (up to ten (10) persons) for the production review inspections if the production yard(s) is outside Hong Kong.

4.3.4 The Contractor shall undertake to complete corrections or modifications of the exhibits

including the physical model as required by the Government Representative. The Contractor shall provide voice over in three (3) languages, i.e. Cantonese, Putonghua and English, for the new introduction film on G/F and the new main show film on 3/F. Three (3) choices of voice over talents for each language shall be provided by the Contractor.

4.3.5 Throughout this stage, the Contractor shall report to the Government Representative at such intervals as prescribed by the Government Representative the following:

(i) the progress of the production including liaison with other contractors (including but

not limited to the contractor(s) of ArchSD and/or EMSD);



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(ii) any defect in the production and/or any deviation from the work prorgramme, the cause(s) therefor and the measures taken or to be taken to rectify the same; and

(iii) any production problem which has arisen and the steps taken or to be taken to

overcome the same. 4.4 Work Stage 4: Fabrication and Installation 4.4.1 The Contractor shall closely liaise with other contractors (including but not limited to the

contractor(s) of ArchSD and/or EMSD) for the building services, A&A and E&M works to be done by ArchSD and/or EMSD for timely and satisfactory completion and delivery for installation at the G/F, 3/F and 4/F of City Gallery.

4.4.2 The Contractor shall oversee the completion of the fabrication and installation, inspect and

review the exhibit/production so installed and shall carry out all such other examination and testing as may be necessary to ensure the quality and standard of the exhibit/production.

4.4.3 The Contractor shall conduct onsite testing and commissioning of all exhibits at least two (2) weeks prior to the opening of the revamped G/F, 3/F and 4/F of City Gallery, if applicable.

4.4.4 Since City Gallery is open to public daily except Tuesdays, the Contractor shall minimise the disturbance to the operation of City Gallery and consider noisy onsite installation works during the non-opening hours of City Gallery where necessary. Should the onsite installation works affect other exhibits and/or fixtures of City Gallery, mitigation measures such as hoardings with graphics shall be carried out.

4.5 Work Stage 5: Training, Warranty and Maintenance 4.5.1 The Contractor shall provide one training session for up to fifteen (15) persons for staff who

will involve in the managerial level and day-to-day operation of the exhibition on the operation of the exhibits. The Contractor shall produce a user and operation manual.

4.5.2 The Contractor shall provide warranty and maintenance of all the exhibits and related AV hardware equipments, software programming as well any fixtures installed in relations to the exhibition during the 12-month period upon completion of Work Stages 1 to 4 as mentioned in Clauses 4.1 to 4.4 to the satisfactory of the Government Representative. During the warranty and maintenance period, the Contractor shall provide services free of charge including, but not limited to, updating the contents of the exhibits, fixing problem of the software programme, fixing the defects and replacing defective parts of the AV and/or computer hardware equipment. At least one (1) updating services for all proposed exhibits, including the new introduction film on G/F and the new main show film on 3/F, shall be provided by the Contractor during the warranty and maintenance period.

4.5.3 Apart from the warranty services specified above, the Contractor shall provide emergency maintenance and on-site technical support for the opening ceremony, if applicable, and up to thirty (30) other emergency call-out maintenance visits during the warranty period. The emergency call-out service period shall be 10:00 to 20:00 hours, everyday (including public holidays) and the maximum response time is four (4) hours for reaching the site after emergency call-out.



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4.6 Presentation Materials The Contractor shall, for presentation and consultation purposes, prepare suitable visual and coloured presentation materials, photographs, slides, plans, sections, visuals and perspective drawings and sketches with digital files illustrating the submission proposals as required.

4.7 Submission of Deliverables 4.7.1 The Contractor shall provide the Government Representative hard and digital (electronic

files) copies of all drawings and documents as required during the work stages of the Services. Unless otherwise requested by the Government Representative, five (5) copies of each document together with A3-sized coloured drawing printouts and/or colour presentation rendering are required. The Contractor shall also submit source codes of computer programmes and/or applications for all proposed and/or enhanced and/or amended exhibits in this Contract.

4.7.2 The digital copies shall be saved in a convenient medium, such as compact disc or DVD and kept in a protective pocket attached to the hard copy delivered. Upon the request of the Government Representative, the Contractor may need to provide further digital copies of the deliverables to other bureaux/departments for verification and other purposes pertinent to the Services.

4.7.3 Unless otherwise agreed by the Government Representative, the digital copies of the deliverables shall be in Microsoft Word, Microsoft Excel and Acrobat (PDF) format without loss of data and change in appearance compared with the corresponding hard copies. For all illustrative materials, including photographs, plans, drawings etc., the scales shall be proposed by the Contractor, subject to the approval of the Government Representative. The illustrative materials shall be compatible with PlanD’s existing software programmes, including CAD, Photoshop (PSD), Adobe Illustrator (AI), Tag Image File Format (TIFF), Graphic Interchange File (GIF), Joint Photographic Experts Group (JPEG) and PDF Format. All plans and drawings to be prepared shall be CAD based with digitised layers to facilitate subsequent amendment and be compatible with Microstation V8 (DGN) design file. The illustrative materials shall be able to be enlarged up to A1 size with acceptable quality and at a minimum resolution of 300dpi or above. All the annotations of illustrative materials prepared by the Contractor shall be in both Traditional Chinese and English.

4.7.4 All submissions to be made by the Contractor during different work stages shall be reviewed and considered by the Government Representative as and when submitted. The Government Representative shall not approve any of the submissions unless and until he has satisfied himself that the same is in every aspect in order and to his satisfaction. The Contractor shall take all such steps and also do all such things as may be necessary including but not limited to making revisions for an average of three times to the submissions or any of them to render them satisfactory to the Government Representative.

4.7.5 For the purposes and intents, the respective stage of work shall not be considered as duly completed unless and until the Government Representative has signified in writing its approval to each and every one of the submissions which approval shall not however be unreasonably withheld. Provided further that for every submission submitted for review for the first time and so submitted on the day as prescribed under the detailed work programme, a two-week review period by the Government Representative is considered a reasonable period. For every submission submitted for review for the second time or more,



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a one-week review period is considered a reasonable period.

4.7.6 The Contractor should draw to the Government Representative’s attention any deliverables that are under licence and any pre-existing copyright or patent on any deliverables and any other restriction whatsoever affecting PlanD’s use of the same and, if required by the Government Representative, to establish the existence of any licence, copyright, patent or restriction.

5. Programme of Implementation

5.1 The tentative programme of implementation indicating the target dates for the different

stages of work are indicated as follows:

Submission / Service Target Date

Upon Award of the Contract

Kick off meeting By 1st week

Staffing plan By 2nd week

Work Stage 1: Preliminary Design

Draft Preliminary Design Proposal Early November 2018

Final Preliminary Design Proposal Late December 2018

Work Stage 2: Detail Design

Draft Detailed Design Proposal Early February 2019

Final Detailed Design Proposal Mid March 2019

Work Stage 3: Contents Development

and Production

Draft Contents Presentation Proposal Early May 2019

Final Contents Presentation Proposal Mid June 2019

1st Production Review Inspection Late January 2020

2nd Production Review Inspection Early March 2020

Work Stage 4: Fabrication and Installation

Fabrication and Installation March 2020

On-site testing and commissioning May 2020

Updating and Refining May 2020

Work Stage 5: Training and Maintenance

Training Session July 2020

All Documentation August 2020

Warranty and maintenance

A 12-month Warranty Period Upon Acceptance of

the Above Submissions/Services to the

Satisfaction of PlanD

5.2 The programme may be subject to revision upon proposal from the Contractor and

agreement by the Government Representative to suit circumstances that may arise.

5.3 The Contractor shall endeavour to ensure that the Services is carried out in accordance with the scheduled programme and shall submit regular programme reviews.



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5.4 In case of foreseeable delay of the tasks/project items as specified in the agreed implementation programme for the various stages of the Services, the Contractor shall give sufficient notice and full justifications to the Government Representative to apply for suitable extension of the programme within seven (7) calendar days of the delay being identified in accordance with the agreed implementation programme.

5.5 The Contractor shall commence the Services within seven (7) calendar day from the date as notified in writing by the Government Representative. A kick off meeting will be arranged before commencement of works.

6. Information provided by Planning Department

6.1 All available information relevant to the Services will be provided to and shall be made reference by the Contractor. The Contractor shall indicate for reference those documents which they may need should the Services be awarded to them.

6.2 In particular to model production, the following will be provided: (a) Digital base map plans covering the whole model area in

DGN/AutoCAD/Microstation or equivalent format.

(b) Drawings of the base plans for development, urban design drawings (including block layout plan, building heights plan and/or examples of building façade) and details of key building/infrastructure proposals of the proposed development areas including road vertical and horizontal alignments, carriageway width, etc. in DGN/AutoCAD/Microstation or equivalent format.

(c) Extract of indicative sketches showing the design of the key development areas within/near the model cover areas.

7. Control of the Services

7.1 The Services shall be directed and supervised by the Government Representative. A Contractor Liaison Meeting to be chaired by the Government Representative, will be set up to provide guidance to the Contractor on related technical matters, to oversee and monitor progress of the contract, and to consider all major recommendations and reports from the Contractor.

7.2 The Contractor and relevant members of the Project Team shall attend and make

representations to meetings as may be required.

7.3 The Contractor shall prepare and issue minutes/notes of coordination meetings attended as directed by the Government Representative.

8. Services to be Provided by the Contractor

8.1 The general duties of the Contractor shall be defined in the Conditions of Contract and as amplified, extended and set out in this Service Specifications.

8.2 The Contractor shall attend discussion and core meetings including but not limited to the Contractor Liaison Meetings to discuss progress or related technical issues of the Services. A maximum of ten (10) other external meetings may be arranged with the Government



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Representative, other Government bureaux/departments individually or collectively, and present the proposals of the Services to relevant authorities. Such other external meetings may be extended beyond the Services period to fit in with the meeting schedule of concerned parties. The attendances and presentations at these meetings are included in the lump sum of the Services.

8.3 The Contractor’s representatives attending the meetings should be of appropriate rank and experience.

8.4 Throughout the Services period, the Contractor shall comply with all instructions of the Government Representative so far as they are applicable to the Services and shall supply such information and documents as may be required by the Government Representative for compliance with the appropriate Statutory Regulations, Government procedures, Instructions, Circulars, etc.

8.5 The Contractor shall undertake such special instructions as may from time to time be required subject to the approval by the Government Representative.

8.6 The Contractor shall give due consideration to all conservation, engineering, economic, financial, legal, social, operational and contractual implications of their proposals and recommendations.

8.7 Standards and Specifications The Contractor shall adopt such technical and design standards and specifications as are in

current use by the relevant Government departments. Should instances arise for which suitable standards or specifications do not exist or for which the current standards or specifications appear to require modification or if by the adoption of current standards the Contractor would incur additional expenses not within reasonable contemplation, the Contractor shall submit recommendations on appropriate alternatives to the Government Representative for agreement.

8.8 Provision of Data

8.8.1 The Contractor shall hand over all data and information obtained for the Services to the Government Representative in a format to be agreed between the Government Representative and the Contractor. All the data and information shall be the property of the Government. The Contractor shall not transfer it or publish any details thereof to any third party without the prior written permission of the Government.

8.8.2 The data shall be made available to the Government, subject to the consent of the Government Representative, for use in other related studies and projects during the course of the Services, provided that it will not interfere with the progress of the Services as agreed with the Government Representative.



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Appendix 1 to Service Specifications

Existing Layout Plans of City Gallery

I. Existing Layout Plan – Ground Floor



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II. Existing Layout Plan – 1/F



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III. Existing Layout Plan – 2/F



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IV. Existing Layout Plan – 3/F



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V. Existing Layout Plan – 4/F



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Structure of Exhibits of City Gallery (Extracted from the Review of the Exhibition Zones and Exhibits at City Gallery)

VI. Existing Structure of Exhibits in City Gallery

VII. Tentative Revised Structure of Exhibits in City Gallery



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Tentative Revamp Works for G/F, 3/F and 4/F of City Gallery (Extracted from the Review of the Exhibition Zones and Exhibits at City Gallery)

I. Proposed Demolition Works for G/F of City Gallery

II. Tentative Revamp Works for G/F of City Gallery



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III. Proposed Demolition Works for 3/F of City Gallery

IV. Tentative Revamp Works for 3/F of City Gallery



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V. Proposed Demolition Works for 4/F of City Gallery

VI. Tentative Revamp Works for 4/F of City Gallery

Participatory Mural Wall