Hong Kong Science and Technology Parks Corporation Building Condition Survey for Industrial Buildings at 80-82 Fuk Hi Street and 35 Wang Lok Street, Yuen Long Industrial Estate, New Territories (Agreement No. IEBU/CA/012) Tender Notice 1. INTRODUCTION This tender notice is to be read in conjunction with the Contract for Services at Annex A. 1.1 The Hong Kong Science and Technology Parks Corporation ( HKSTP ) currently operates and manages the Industrial Estates at Tai Po, Tseung Kwan O and Yuen Long. 1.2 HKSTP would like the consultant to submit fee proposal for the professional consultancy services for building condition survey of two industrial buildings in Yuen Long Industrial Estate. 2. OBJECTIVE OF THE ASSIGNMENT 2.1 The objective of the Assignment is to obtain professional services from the Consultant and its sub-consultants (if required) to ascertain the conditions of the buildings and the associated building service systems and advise if they are in compliance with all relevant safety and hygiene requirements, regulations and technical standards. 2.2 The Consultant and its sub-consultants are required to deliver their services as described in this Brief in a professional manner; within agreed timeframe & budget; in quality standard; and in accordance with the Contract for Services. 3. DESCRIPTION OF THE ASSIGNMENT 3.1 The Assignment involves the following two properties. Property 1 Address : 80-82 Fuk Hi Street, Yuen Long Industrial Estate, New Territories 1
Completed in 1986, Property 1 comprises a single storey workshop and a twostorey annex building (including a mezzanine floor) with total gross floor area (GFA) of 3,689 m² on a 5,643 m² site [Estate Layout Plan at Annex B and Building Information at Annex C]. The building has been left vacant since March 2016. Property 2 Address : 35 Wang Lok Street, Yuen Long Industrial Estate, New Territories Completed in 1991, Property 2 comprises a single storey factory building with a total GFA of 1,910 m² on a 3,702 m² site [Estate Layout Plan at Annex B and Building Information at Annex C]. The building has been left vacant since November 2017. 3.2 The services to be provided shall include but not limited to the followings :- (a) Retrieve all necessary information, inclusive of architectural, structural and building services drawings, details, calculation etc., from government or any other appropriate sources within or outside Hong Kong necessary for the conduction of analysis and preparation of reports. No additional cost is allowed to be charged to HKSTP. (b) Carry out thorough on-site condition survey, inspection for architectural, structural, building services and other engineering installations in the two properties. (c) Check actual areas and headroom of each floor. (d) Carry out checking of EVA for compliance to the latest code. (e) (f) Recommend physical and chemical tests required for the Assignment; assist HKSTP on the appointment and management of the contractor(s) for the tests; and analyse the test results. Advise on the cost, time and scope of the repair works (if any) required for the maintenance of the two properties in a fair condition. (g) Advise on the cost, time and scope of the remedial works (if any) required for the compliance of statutory regulations. (h) Prepare building condition survey report(s) to incorporate the above findings and analysis. (i) Prepare layout plans for marketing collaterals and tenancy plans. 3.3 The Consultant and its sub-consultants (if applicable) are required to procure services in disciplines required for the Assignment, which shall include at least one professional in Architectural or Building Services discipline with qualification specified in Appendix 1 of the AACSB Handbook and more than 5 years of post-qualification experience. The tender will be disqualified if this minimum requirement is not fulfilled. 2
4. DELIVERABLES 4.1 The deliverables shall include the followings ;- (a) Plans and documents retrieved from the Government in one (1) hardcopy and electronic format including.dwf,.dwg and/or.pdf files (b) A draft report in one (1) hardcopy and electronic format including.dwf,.dwg and/or.pdf files shall be submitted for HKSTP s comment. (c) Upon HKSTP s instruction, a final report in two (2) hardcopies and electronic format in.dwf files,.dwg files and/or.pdf files shall be submitted within 2 weeks of instruction. 4.2 The Assignment is tentatively scheduled to commence in March 2018 and be completed within 3 months of appointment. 5. VALIDITY OF THE PROPOSAL 5.1 The tender shall be valid for ninety (90) days from the date of the submission of fee proposal. 6. TERMINATION OF SERVICES 6.1 The professional service may be terminated by HKSTP upon a one month prior written notice to the last known address of the Consultant. The Consultant shall be remunerated based upon the services rendered up to the date of termination of the appointment. 7. PROFESSIONAL INDEMNITY COVER 7.1 The amount of Professional Indemnity Insurance cover to be maintained during the contract period shall be HK$2,000,000. 7.2 Indemnify and keep indemnified HKSTP against all claims, damages, losses or expenses arising out of or resulting from any negligence in or about the conduct of and performance by the Consultant, his servants and agents, of all and singular the services. 8. TERMS OF PAYMENT 8.1 The remuneration of the full discharge of the duties and complete performance of services as detailed in this notice shall be a fixed lump sum declared by the tenderer in Clause 11 Professional Fee Proposal. 3
8.2 Interim payments on account for the total Consultancy Service Fee stipulated in Clause 11 shall be made in such amounts and at such times as are set out in the Payment Schedule below: Description % of Total Consultancy Service Fee 1. Upon commencement of the Assignment 30% 2. Upon submission of the draft Building Condition Survey Report in full coverage 3. Upon submission of the final Building Condition Survey Report in full coverage 40% 30% TOTAL 100% 8.3 All payment should be honoured in accordance with HKSTP procedure upon submission of invoice. 9 EXCLUSIVE OWNERSHIP AND COPYRIGHT 9.1 HKSTP shall become the exclusive owner of all deliverables, save those deliverables under license or those deliverables in respect of which there is a pre-existing copyright or patent not owned by the Consultant, supplied or produced by, for or on behalf of the Consultant under this Assignment. The liability of the Consultant in respect of the use of such Deliverables with preexisting copyright shall be limited to liabilities arising from uses contemplated under this Assignment. Moreover, the use of such deliverables with pre-exist copy right not owned by the Consultant should obtain the prior written approval from HKSTP to ensure such deliverables are acceptable. 9.2 The copyright of all deliverables, including but not limited to drawings, plans, design, specification, site photographs and other documents prepare/commissioned and/or to be prepared/commissioned by the Consultant, the employed agents, contractors (including domestic sub-consultants, if any, as employed by the Consultant) in relation to the Assignment shall be fully vested and transferred to HKSTP and HKSTP is having full ownership of the copyright and enjoy full right and discretion regarding the use of the same. 10. INFORMATION REQUIRED TO BE SUBMITTED FOR THE TENDER 10.1 Completed Professional Fee Proposal on Page 5. 10.2 Organization Chart and CVs of the key personnel including the Consultant and the sub- Consultant. 4
11. NON-COLLUSION CLAUSES 11.1 The tenderer must ensure that the bid is prepared without any agreement, arrangement, communication, understanding, promise or undertaking with any other person, including regarding price, bid submission procedure or any terms of the bid. In the event of any breach of this clause by any tenderer, the HKSTP reserves the right to invalidate the bid submitted by that tenderer and seek damages. 11.2 Bid-rigging is inherently anti-competitive and is considered serious anticompetitive conduct under the Competition Ordinance (Cap.619). Tenderers who engage in bid-rigging conduct may be liable for the imposition of pecuniary penalties and other sanctions under the Competition Ordinance. 12. PROFESSIONAL FEE PROPOSAL 12.1 This Fee Proposal Form together with this notice form part of the contract document. To: Hong Kong Science and Technology Parks Corporation The Consultant offers to execute, complete and maintain the Assignment in conformity with the tender notice with the following fee scales: Estimated Time for Each No. of Key Personnel Stage (Working Hours) Professional Technical Professional Technical Consultancy Service Fee (HK$) Stage I: Condition Survey and Testing Stage II: Preparation of Reports Total Remarks : Separate fee should be quoted for each stage of works as shown above. 13. SUBMISSION DEADLINE The submission shall be put in a sealed envelope clearly marked on the cover with the Agreement No, Consultancy Title and Name of the Consultant and addressed to the Chief Operating Officer. Please refer to the sample at Annex D. The envelope shall be placed in the Tender Submission Box situated in the reception on 8/F., Bio-Informatics Centre, No. 2 Science Park West Avenue, Hong Kong Science Park, Shatin, N.T., Hong Kong before 5:00 pm, 2 March 2018. Please refer to the Layout Plan at Annex E for the location of Tender Submission Box. 5
In the event a tropical cyclone warning signal No.8 or above is in force or a black rainstorm warning signal is issued between 9:00 am and 5:00 pm on 2 March 2018, the submission closing time will be postponed to 12:00 noon on the next working day. 14. INSPECTION AND ENQUIRY Request for inspection on the subject buildings and queries regarding this tender should be submitted in writing via email to our Development Manager, Mr Jacky Fong (jacky.fong@hkstp.org). Only request and queries raised before 5:00 pm on 23 February 2018 shall be entertained and responded. 6
ANNEXES TO THE TENDER NOTICE Annex A - Annex B - Annex C - Annex D - Annex E - Contract for Services Estate Layout Plan Building Information Templates to be marked on the Returning Envelope Location Plan of the Tender Submission Box 7
Annex A CONTRACT FOR SERVICES THIS CONTRACT FOR SERVICES (this Contract ) is entered into on this day of, by and between: (1) HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION ( HKSTP ), a corporation duly incorporated under the laws of Hong Kong, having its principal offices at 8/F, Bio-Informatics Centre, No. 2 Science Park West Avenue, Hong Kong Science Park, Shatin, New Territories, Hong Kong; and (2) (the Corporation ), a corporation duly incorporated under the laws of Hong Kong, having its principal offices in ARTICLE 1. DEFINITIONS As used in this Contract: Contract shall mean this Contract, together with any individual Purchase Order issued under it; Effective Date shall mean the date of this Contract; HK$ shall mean Hong Kong dollars, the lawful currency of Hong Kong; HKIAC shall mean the Hong Kong International Arbitration Centre; Party shall mean either the Consultant or HKSTP; and the expression Parties shall mean both of them; Purchase Order shall mean any purchase order in respect of the supply of Services by the Consultant issued and delivered to the Consultant referencing this Contract; Service Fee shall mean the service fee payable by HKSTP in respect of the Services pursuant to Article 5 and Annex 2; Services shall mean the services as more fully described in the tender notice annexed hereto as Annex 1; Term shall have the meaning ascribed to such term in Article 3; Page 1 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
Third Party Property Rights shall mean all such third party rights, not being the rights of the Consultant or HKSTP including, but not limited to, patents, trademarks, copyrights, rights in data and trade secrets; UNCITRAL shall mean United Nations Commission on International Trade Law. ARTICLE 2. RETAINER HKSTP hereby retains the Consultant to perform, or procure the performance of, the Services, and the Consultant hereby accepts such retainer, upon the terms and conditions set out in this Contract and the tender notice annexed hereto as Annex 1. ARTICLE 3. TERM This Contract shall become effective on the Effective Date and shall remain effective until the completion of the Services (the Term ), unless earlier terminated in accordance with Article 10. ARTICLE 4. SUPPLY OF SERVICES In consideration of the payment of the Service Fee, the Consultant agrees to perform (or procure the performance of) the Services as set out the tender notice annexed hereto as Annex 1, subject to the terms of this Contract and to the applicable laws. HKSTP agrees to provide the Consultant with reasonable assistance to enable the performance of the Consultant s obligations under this Contract if required. Unless notified by HKSTP that no separate Purchase Orders will be issued, no Services shall be performed by the Consultant or liability assumed by HKSTP in relation to such Services unless and until the Consultant has received a valid Purchase Order in respect of the supply of such Services under this Contract. ARTICLE 5. SERVICE FEE AND PAYMENT Subject to the terms stated herein, HKSTP shall pay to the Consultant the Service Fee calculated in accordance with Annex 2. Unless otherwise agreed by the Parties in writing, the Consultant shall invoice HKSTP for the Service Fee after the Services have been duly performed. HKSTP shall settle the invoice in accordance with the terms of this Contract and any payment directions included thereon within 30 days after the same is received by HKSTP. ARTICLE 6. CURRENCY For the avoidance of doubt and unless otherwise agreed by the Parties, all Service Fees must be denominated in HK$ only and HKSTP shall make payment in respect of an invoice from the Consultant in HK$ only. Page 2 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
ARTICLE 7. WARRANTIES OF THE CONSULTANT The Consultant warrants that: (a) it has full power and authority to enter into and perform this Contract and any Purchase Order; (b) it shall not, during the Term, enter into any contract or accept any obligations that are inconsistent or incompatible with its obligations under this Contract; (c) it shall procure, as necessary, the performance by its officers, employees, agents and contractors of all such actions as are required to complete and satisfy its obligations hereunder and under any Purchase Order; and (d) it shall perform and carry out the Services in a competent and professional manner, with all reasonable skill and care and within any time period specified in a Purchase Order (or if no time is specified promptly following receipt of the Purchase Order). ARTICLE 8. LIABILITY AND INSURANCE Nothing in this Contract or any Purchase Order shall exclude or restrict the Consultant s liability for (a) fraud; (b) death or personal injury caused by its negligence; (c) breach of such terms as implied by the Supply of Services (Implied Terms) Ordinance (Chapter 457 of the Laws of Hong Kong) which stipulate that (i) the Consultant shall carry out the Services with reasonable care and skill; and (ii) where the time for the Services to be carried out is not fixed by this Contract, or is not left to be fixed in a manner agreed by this Contract or is not determined by the course of dealing between the Parties, the Consultant shall carry out the Services within a reasonable time; or (d) any liability to the extent the same may not be excluded as a matter of law. The Consultant shall maintain appropriate and sufficient insurance against any loss, damage, claim or action arising out of the performance of its obligations under this Contract from personal injury or death, public liability, and/or any other liability for which it is required by law to insure and shall make available a copy of such insurance to HKSTP on request. The provisions in this Article shall continue to apply notwithstanding the termination or expiry of this Contract. ARTICLE 9. INDEMNITY The Consultant hereby undertakes to indemnify HKSTP from and against all and any losses or damages it suffers and all and any interests, costs and expenses it incurs as a result of (a) any material breach of any term in this Contract, (b) the failure of any of the warranties of the Consultant to be true and correct; (c) any infringement or alleged infringement of Third Party Property Rights by the Consultant pertaining to the Services furnished to HKSTP under this Contract ARTICLE 10. TERMINATION At any time during the Term, HKSTP may terminate this Contract (a) (b) without cause by giving to the Consultant written notice of not less than 30 days; or immediately by giving written notice to the Consultant if the Consultant: Page 3 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
(i) (ii) (iii) becomes the subject of any bankruptcy, insolvency, winding-up or liquidation proceedings; or fails to secure or renew any license, registration or permit required by law for its business operations or if any such license, registration or permit is revoked or suspended; or commits any material breach of any of the provisions of this Contract and in the case of such a breach which is capable of remedy, fails to remedy the same within 30 days after receipt from the other Party written notice giving full particulars of the breach and required it to be remedied. In the event of any termination of this Contract, the Consultant shall only be entitled to receive the portion of the Service Fee pro-rated up to the effective date of termination. For the avoidance of doubt, termination of this Contract shall be without prejudice to any rights or remedies, available to or any obligations or liabilities accrued to either Party at the effective date of termination under this Contract or otherwise in law. ARTICLE 11. GOVERNING LAWS AND DISPUTE RESOLUTION This Contract shall be governed by the laws of Hong Kong. If any dispute arises between the Parties in respect of this Contract, the Parties shall conduct friendly discussions with the view to resolving such dispute. If the dispute is not resolved within a maximum of 60 days following such discussions are first conducted, the Parties agree that such dispute may be referred to arbitration to be managed by the HKIAC in accordance with the UNCITRAL Arbitration Rules in force as at the time of arbitration. The Parties agree that the decision of the HKIAC shall be final and binding. The fees of arbitration shall be borne by the Parties in such portion as may be determined by the HKIAC. ARTICLE 12. MISCELLANEOUS Failure or delay on the part of either Party to exercise any right, power or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other future exercise thereof. Except to the extent authorized by HKSTP, the Consultant agrees to keep secret and confidential, not to disclose or make any use of information obtained in respect of HKSTP or related to the Services or any information contained in this Contract except to the extent such information is in or subsequently comes into the public domain. This Contract may not be assigned in whole or in part by the Consultant without the prior written consent of HKSTP. This Contract may not be modified or amended without the written consent of both Parties. This Contract constitutes the entire agreement between the Parties with respect to the subject matter of this Contract and supersedes all prior discussions, negotiations and agreements between them. Any notice or written communication provided for in this Contract by either Party to the other shall be made in English and delivered by personal delivery or post; or transmitted by facsimile addressed to the other Party. The date of receipt of a notice or communication hereunder shall be deemed to be 5 days if delivered by post and if transmitted by facsimile upon receipt of a transmission receipt identifying the machine of the intended recipient. All Page 4 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
notices and communications shall be sent to the appropriate address set forth herein, until the same is changed by notice given in writing to the other Party. IN WITNESS WHEREOF the Parties have caused this Contract to be executed by their duly authorized officers. For and on behalf of: HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION For and on behalf of: Name: Title: Name: Title: Page 5 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
ANNEX 1 TENDER NOTICE Page 6 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
ANNEX 2 SERVICE FEE The service fee is HKD Note: Save only as provided otherwise in this Annex, the Service Fee set out above are inclusive of all costs, expenses and other amounts payable in respect of the Services as described in Annex 1 of this Contract. Page 7 of 7 PR_F007 (1.0.5) Effective: 2016-03-04
Annex B 80-82 Fuk Hi Street 35 Wang Lok Street
Annex C BUILDING INFORMATION 80-82 Fuk Hi Street Site Area: 5,643 m 2 Plot Ratio: 0.65 Floor Floor Area Ceiling height Floor Loading Floor Usage G/F 3,189 m 2 4 m ~10.8 m 20 kpa Workshop M/F 446 m 2 3.27 m 5 kpa Office Roof 54 m 2 ~ ~ Pump room etc. Total 3,689 m 2 35 Wang Lok Street Site Area: 3,702.32 m 2 Plot Ratio: 0.64 * Floor Floor Area Ceiling height Floor Loading Floor Usage G/F 1,711 m² 2 ~ 7.4m 10 kpa Factory M/F 199 m² 3.7m N/A Plant Rooms Total 1,910 m 2 ^ * The plot ratio is calculated based on a GFA of 2,356.2m² as calculated in the approved building plans. ^ The double-counting of high headroom space in the approved building plans is excluded.
Annex D TEMPLATES TO BE MARKED ON THE RETURNING ENVELOPES To: Re: RESTRICTED (TENDER) Chief Operating Officer Hong Kong Science and Technology Parks Corporation 8/F., Bio-Informatics Centre, No. 2, Science Park West Avenue, Hong Kong Science Park, Shatin, N.T., Hong Kong Professional Fee Proposal for Building Condition Survey for Industrial Buildings at 80-82 Fuk Hi Street and 35 Wang Lok Street, Yuen Long Industrial Estate, New Territories (Ref: Agreement No. IEBU/CA/012) Submitted By:
Annex E LOCATION PLAN OF THE TENDER SUBMISSION BOX Location Plan of Tender Submission Box at 8/F, Building 2W Photo of Tender Submission Box at 8/F, Building 2W