"Agreement No. CE XX/97"
Agreement No. CE 36/2012 (CE) Ma On Shan Development - Engineering Works at Whitehead and Lok Wo Sha Phase 2 Design and Construction Brief Agreement No. CE 36/2012 (CE) Agreement No. CE 36/2012 (CE) Ma On Shan Development - Engineering Works at Whitehead and Lok Wo Sha Phase 2 Design and Construction Assignment BRIEF Table of Contents 1. Introduction 2. Description of the Project 3. Objectives of the Assignment 4. Description of the Assignment 5. Deliverables 6. Services to be provided by the Consultants 6.1 General 6.2 Review Phase 6.3 Design Phase 6.4 Tender Phase 6.5 Construction Phase 6.6 Completion Phase 6.7 Overall Completion of Assignment 7. Responses to Queries 8. Programme of Implementation 9. Progress Reports 10. Financial Management 11. Standards and Specifications 12. Checking and Certification of the Design 13. Variations and other Commitments Page 1 Agreement No. CE 36/2012 (CE) 14. Resident Site Staff 15. Director’s Representative 16. Control of the Project and Assignment 17. Information and Facilities Provided by the Employer 18. Consultants’ Office and Staffing 19. Specialists/Sub-consultant Services 20. Surveys 21. Insurance Attachments Appendix A - Draft MOSOZP No. S/MOS/17 Appendix B - Project Layout Drawing Appendix C - Index Page for Deliverables Appendix D - List of Government Departments, Bodies, Organizations and Public Utilities Companies Appendix E - Relevant Information and Background Materials Appendix F - Relevant Circulars and Documents Appendix G - Responsibility for Survey Works Page 2 Agreement No. CE 36/2012 (CE) 1. Introduction 1.1 This is a Design and Construction type of Agreement. This Brief is to be read in conjunction with the following documents of this Agreement: (a) Memorandum of Agreement; (b) the Government of Hong Kong Special Administrative Region General Conditions of Employment of Engineering and Associated Consultants for a Design and Construction Assignment (1997 Edition) (hereinafter referred to as the “General Conditions of Employment”) in this Agreement; (c) Special Conditions of Employment of this Agreement; (d) Schedule of Fees of this Agreement; and (e) Schedule of Resident Site Staff Standards and Duties of this Agreement. 1.2 The following words and expressions shall have the meaning hereby assigned to them except where the context of this Brief otherwise requires: - “ACABAS” means the Advisory Committee on the Appearance of Bridges and Associated Structures. “AFCD” means Agricultural, Fisheries and Conservation Department. “CEDD” means Civil Engineering and Development Department. “CEDD TC” means the technical circulars issued by Civil Engineering and Development Department. “DEVB” means Development Bureau. “DEVB TCW” means the technical circulars issued by Development Bureau. “DR” means Director’s Representative as referred in the Clause 16 of the General Conditions of Employment. “DSD” means Drainage Services Department. “EIA” means Environmental Impact Assessment. “EIAO” means Environmental Impact Assessment Ordinance. Page 3 Agreement No. CE 36/2012 (CE) “E&M” means electrical and mechanical. “EMSD” means Electrical & Mechanical Services Department. “EM&A” means Environmental Monitoring and Audit. “EPD” means Environmental Protection Department. “ET” means Environmental Team. “ETWB TCW” means the technical circulars issued by the then Environment, Transport and Works Bureau. “GEO” means Geotechnical Engineering Office of CEDD. “HyD” means Highways Department. “IEC” means Independent Environmental Checker “LCSD” means Leisure and Cultural Services Department “NTEDO” means the New Territories East Development Office of CEDD “PAH” means Project Administration Handbook. “Phase” means any one of the phases as defined in Clause 4.1 of this Brief. “PlanD” means Planning Department. “PWP” means Public Works Programme. “QSSP” means Quality Site Supervision Plan. “RSS” means the resident site staff to be employed in accordance with Clause 14 of this Brief. “site investigation works” means all ground investigation, and field & laboratory testing. “TD” means Transport Department “THB” means Transport and Housing Bureau. “WBTC” means the technical circulars issued by the then Works Bureau, the then Works Branch, the then Lands & Works Branch or the then Public Works Department. Page 4 Agreement No. CE 36/2012 (CE) “WSD” means Water Supplies Department. “works contracts” means all contracts involving or in connection with civil engineering, building, electrical & mechanical, landscape, material procurement & supplies, servicing, installation, demolition, commissioning, decommissioning, landscape establishment, survey and ground investigation works along with the associated field and laboratory testing. “Works” means the site formation, engineering infrastructure, landscape works, environmental monitoring and audit works, and any other works described in and/or instructed under this Assignment, all for the purpose of or in connection with the Project. 2. Description of the Project Background 2.1 Binnie Black & Veatch Hong Kong Limited was employed by the former Territory Development Department to carry out a “Feasibility Study for Housing Development at Whitehead and Lee On in Ma On Shan, Sha Tin” (the MOS Study) under Agreement No. CE16/99. The MOS Study was to identify the traffic/transport, drainage/sewerage, water supply, environmental, geotechnical and other aspects arising from the potential development of the study area comprising three sites of the Ma On Shan Rail (formerly known as Lee On), the Lok Wo Sha area and the Whitehead headland. The MOS Study was completed in 2002 and has produced a Master Layout Plan of the Preferred Development Option (PDO) for the area. The Master Layout Plan formed the basis for amending the Ma On Shan Outline Zoning Plan (MOSOZP) in year 2003. 2.2 The MOS Study was a designated project under Schedule 3 of the EIAO. A Traffic Impact Assessment (TIA), an Environmental Impact Assessment (EIA) and a Drainage Impact Assessment (DIA) of the PDO had been completed under the MOS Study. 2.3 To support the proposed development in CDA(1), and with appropriate provisions for the eventual development of the Whitehead headland based on the amended MOSOZP and the approved Master Layout Plan of the proposed CDA(1) submitted by the developer, CEDD commissioned the Design and Construction Consultancy Agreement No. CE34/2006(CE) – Ma Page 5 Agreement No. CE 36/2012 (CE) On Shan Development, Engineering works at Whitehad and Lok Wo Sha Phase 1. The Phase 1 engineering works mainly comprised the construction of Yiu Sha Road (Road D1(N)), Wu Kai Sha (Road D1(W)) and Choi Sha Street (Road L3); the formation of a G/IC site and LWS-B site in Lok Wo Sha; Whitehead sewage pumping station (SPS) and associated works. The construction works had been included under PWP Item 718CL – Ma On Shan Development – Roads, drainage and sewerage works at Whitehead and Lok Wo Sha Phase 1 and were substantially completed in November 2011 under CEDD Contract No. ST/2008/02. 2.4 The TIA and DIA conducted under the MOS Study in relation to the Phase 1 engineering works had been reviewed under the Consultancy Agreement No. CE34/2006(CE). An Environmental Review of the Phase 1 works had also been carried out under the Consultancy Agreement No. CE34/2006(CE). 2.5 Planning Department (PlanD) has recommended various changes in land use in the concerned areas of Ma On Shan so as to maximize the development potential for both residential sites and recreational development at the Whitehead headland, to respond to the proposal from Education Bureau for accommodating a joint-university hostel on the existing G/IC site in Lok Wo Sha and to boost housing land supply in the coming years. 2.6 Proposed Amendments to MOSOZP was gazetted by in February 2012 under Section 5 of the Town Planning Ordinance. The proposed amendments comprised the rezoning of the CDA site at Whitehead headland into “CDA(2)”, “CDA(3)” and “REC” with increased development intensities. The target population intake for “CDA(2)” and “CDA(3)” will be around March 2016 and mid 2017 respectively. Besides, a “GIC” site to the northwest of a recently completed SPS is reserved for a new SPS to cope with the increase in development intensities while another “G/IC” site (undesignated) is reserved near Starfish Bay for low-rise G/IC use. The draft MOSOZP No. S/MOS/17 was targeted to be submitted to Chief Executive in Council for approval by February 2013. The draft MOSOZP No. S/MOS/17 showing the proposed land uses at Lok Wo Sha/Whitehead is at Appendix A. 2.7 With the increased development intensities, additional infrastructure will need to be provided to cater for a residential population of about 3,000 persons plus 2,168 bed spaces of the hostel and an improved recreational development, compared with the originally planned population of about 1,850 persons without the hostel and hotels. An assessment of the additional Page 6 Agreement No. CE 36/2012 (CE) sewerage infrastructure for meeting the demand of different development scenarios at Lo Wo Sha and Whitehad has been conducted by CEDD’s Consultants under Agreement No. CE34/2006(CE). The Assessment Report prepared by the CE34/2006 (CE) Consultants recommended the provision of a new SPS and additional sewers and rising mains to cater for the additional sewage discharge from the increased development intensities of the CDA(2) site, CDA(3) site and REC site. The Project 2.8 The scope of works under the Project mainly comprises: (a) Widening of Yiu Sha Road from a single two-lane carriageway to a dual two-lane road about 500m in length; (b) Construction of the associated footpaths, cycle tracks, amenity areas, pedestrian crossing facilities, lay-bys, retaining walls, stormwater drains, water mains, sewers and landscaping works; (c) Construction of a footbridge with lift across Yiu Sha Road; (d) Construction of a new sewage pumping station (SPS) next to the existing Whitehead SPS; (e) Installation of sewage pumping mains of about 1,800 m in length and gravity sewers of about 650 m in length between the new SPS and Area 108 SPS at Sha On Street; (f) Modification to an existing access road for connecting to the new SPS; and (g) Carrying out an environmental review, implementing mitigation measures and an Environmental Monitoring and Audit (EM&A) programme. The Project layout is shown on Drawing No. STZ 0400 at Appendix B. 2.9 A Technical Feasibility Statement for the Project was completed by NTEDO, CEDD and approved by Development Bureau in May 2012. In June 2012, the project was included in Category B of the Public Works Programme as PWP Item No. 7756CL – Ma On Shan Development – Engineering Works at Whitehead and Lok Wo Sha Phase 2. 2.10 Being a district distributor road, the proposed Yiu Sha Road widening is a designated project and an Environmental Permit (EP) shall be required in accordance with the EIAO. 2.11 A site located near the planned CDA(2) development and adjacent to the existing Whitehead SPS has been designated for the proposed SPS. The existing Whitehead SPS, with a capacity of 1,100 m3 per day, was completed Page 7 Agreement No. CE 36/2012 (CE) recently under the Phase 1 project serving different catchments from the proposed SPS. These contiguous SPS are to be treated as designated project under Section 4(4) of the EIA Ordinance as the proposed SPS and the existing SPS together will have a capacity exceeding 2,000 m3 per day as specified in Schedule 2 of the EIA Ordinance. An Environmental Permit (EP) shall be required in accordance with the EIA Ordinance. 2.12 The Consultants shall conduct an environmental review under this Project to address any changes subsequent to the approved EIA and the environmental review under the Phase 1 project, ascertain their environmental impacts and propose any further necessary mitigation measures for DEP’s agreement. The Consultants shall carry out a Design Review before proceeding to detailed design. Ground investigation works should be carried out to facilitate detailed design and construction. 2.13 The proposed road scheme of 718CL under the Roads (Works, Use and Compensation) Ordinance (RO) and the proposed sewerage scheme of 718CL under the RO as applied by the Water Pollution Control (Sewerage) Regulations were authorized on 2 December 2008 and 5 December 2008 respectively. The authorized road scheme of 718CL covers the proposed widening of Yiu Sha Road under this Project. The minor amendment to the authorized road scheme under 718CL and the proposed footbridge will need to be gazetted under the RO and the new sewage pumping station and associated pumping mains/gravity sewers will need to be gazetted under the RO as applied by the Water Pollution Control (Sewerage) Regulations respectively. 2.14 To meet the proposed land sale schedule for CDA(3) site in 2014-15 with population intake in 2017, the construction works contract is scheduled for commencement in December 2014 for completion of the proposed SPS in March 2017 and the proposed roadworks and footbridge in June 2017. 3. Objectives of the Assignment 3.1 The main objectives of the Assignment is to enable the Project to be satisfactorily designed, constructed and commissioned in a cost-effective manner, on time and within budget. The consultants shall provide services to implement and deliver the Project by way of review, investigation, survey, design, tendering, project administration, construction supervision and commissioning of the proposed works as detailed in Section 2 of this Brief (except otherwise stated) in accordance with an agreed programme and to the satisfaction of the Director’s Representative. Page 8 Agreement No. CE 36/2012 (CE) 4. Description of the Assignment 4.1 The Assignment under this Agreement is divided into the following Phases:- (a) Review Phase; (b) Design Phase; (c) Tender Phase; (d) Construction Phase; and (e) Completion Phase. Under the terms of this Assignment, the Consultants are required to carry out the Review and Design Phases for the Project. The Tender Phase, Construction Phase and Completion Phase have been designated as “Phases Subject to Incorporation” pursuant to Clause SCE9 – Phases subject to Incorporation of the Special Conditions of Employment. The Consultants shall not commence and will not be paid for the services comprised within Phases Subject to Incorporation without written instructions to do so from the Director’s Representative. 4.2 Major tasks to be carried out under the Assignment are as below: 4.2.1 Review Phase (a) to review critically the findings, conclusions and recommendations of the MOS Study, i.e. “Feasibility Study for Housing Development at Whitehead and Lee On in Ma On Shan, Sha Tin” under Agreement No. CE16/99 and together with other available information including the Assessment Report for the different development scenarios at Lo Wo Sha and Whitehead conducted as additional services under Agreement No. CE34/2006(CE) and findings of further studies carried out under this Assignment, refine and confirm the layout and design requirements, including preparation of a detailed Design Memorandum; (b) to recommend solutions to issues which have been identified by and subsequent to the MOS Study and the Assessment Report; (c) to review the TIA and DIA of the MOS Study in the light of the updated information and carry out any necessary supplementary impact assessments and recommend corresponding mitigation measures, for the approval of relevant authorities; (d) to conduct an Environmental Review to address the changes since the Page 9 Agreement No. CE 36/2012 (CE) approval of the EIA report of the MOS Study and the environmental review conducted under the Phase 1 project, ascertain their impacts as well as any other impacts brought about by the implementation of the Project, in particular for the proposed SPS and widening of Yiu Sha Road, and propose any further mitigation measures for Director of Environmental Protection’s (DEP) approval in accordance with the EIAO and to assist the Employer in any matters concerning compliance with the EIAO, and to prepare and submit to the DEP a Project Profile(s) for the purpose of direct application of Environmental Permit(s) for the Project in accordance with the EIAO; (e) to provide a technically sound and cost effective preliminary design of the Project that is acceptable to all concerned parties; (f) to carry out detailed land survey, tree survey and ground investigation together with laboratory testing; (g) to review the land requirement and to identify any lands that need to be resumed or temporarily occupied or easement to be created, and estimate the costs incurred; (h) to arrange and participate in public consultations; and (i) to identify and carry out any necessary supplementary impact study/ground investigation and laboratory testing. By the end of this Phase, the scope of the Project works shall be defined with a more accurate Project estimate and programme to enable detailed design works to proceed. 4.2.2 Design Phase (a) to provide all input required for detailed design for the Project, publicity, public consultations, co-ordination, surveys and monitoring; (b) to complete the detailed design of the Project works, produce detailed cost estimates and programmes for the Project; (c) to prepare documents and drawings required for completing the gazetting procedure for the Project under the Roads (Works, Use and Compensation) Ordinance and the Water Pollution Control (Sewerage) Regulation, to assist in resolving objections, and, if there being unresolved objection(s), obtaining ExCo’s authorization; (d) to finalize the land requirement plan(s) and assist the Employer to submit the Clearance Application Form and other submissions for land Page 10 Agreement No. CE 36/2012 (CE) acquisition; (e) to confirm the works and contract packaging plan and a tender strategy proposal; (f) if, based on the environmental review report completed at the Review Phase, DEP decides that a new EIA is also required in respect of the Project works, the Consultants shall prepare the Project Profile, obtain the study brief, and work with and provide input to the independent consultant appointed by the Employer to conduct EIA with a view to obtaining approval to the EIA and the Environmental Permit in accordance with the Project programme; and (g) to assist in the funding application procedures. 4.2.3 Tender Phase (a) to prepare and make available the tender documents and to assist in the tender gazette, responding tender queries, issuance of tender addendums; (b) to conduct tender assessments and prepare tender reports for submission to the Central Tender Board or other tender boards as appropriate. The Consultants shall ensure that RSS are available in good time for the works contract(s). 4.2.4 Construction Phase (a) to arrange for the signing and commencement of works contracts, supervision and contract administration of the works contracts; and (b) to provide supervision and necessary design works to achieve satisfactory implementation of the Project according to the planned programme and in a cost effective manner. 4.2.5 Completion Phase (a) to assist handing over of the completed works to maintenance authorities and finalize accounts of works contract(s); and (b) to resolve contractual disputes. 4.3 The scope of the works for the Design Phase is to be reviewed in the Review Phase. Based upon the Review Report submitted in the Review Phase and other considerations, the Director’s Representative may direct the addition or deletion of items of works from those detailed in sub-clause 4.2.2 of this Brief under Clause 17(A) of the General Conditions of Employment. Any Page 11 Agreement No. CE 36/2012 (CE) changes in the lump sum fees resulting from additions or deletions will be negotiated and agreed with the Consultants in accordance with Clauses 33 and 34 of the General Conditions of Employment. 4.4 The scope of the works in the Tender Phase will be reviewed by the Director’s Representative from time to time. Based upon the Design Report submitted in the Design Phase and other considerations, the Director’s Representative may direct the addition or deletion of items of works from those detailed in sub-clause 4.2.3 of this Brief under Clause 17(A) of the General Conditions of Employment. Any changes in the lump sum fees resulting from additions or deletions will be negotiated and agreed with the Consultants in accordance with Clauses 33 and 34 of the General Conditions of Employment. 4.5 Unless otherwise directed by the Director's Representative, construction of the works will be administered by the Consultants during the Construction Phase. Entrustment to other parties for the construction of some items of this Agreement may be instructed by the Director's Representative if considered beneficial to the satisfactory implementation of the Project under Clause 17(A) of the General Conditions of Employment. Any entrustment of works ordered by the Director's Representative under this Clause shall be construed as deduction of services and the Lump Sum shall be revised accordingly in accordance with Clause 34 of the General Conditions of Employment. 4.6 Inclusion of some of the works for other project which are not included in this Assignment but entrusted by other parties for the Construction Phase may be instructed by the Director's Representative if considered beneficial to the satisfactory implementation of both projects under Clause 17(A) of the General Conditions of Employment. Any entrustment of works ordered by the Director's Representative under this Clause shall be construed as addition of Services and the Lump Sum shall be revised accordingly in accordance with Clause 33 of the General Conditions of Employment. 4.7 The Consultants are required to retain records of all the works contracts in accordance with Clause SCE24 – Retention of Documents and Inspection of the Special Conditions of Employment. 5. Deliverables 5.1 The Consultants shall produce and submit the documents outlined below as part of the Assignment. The submitted Deliverables shall become the property of Government. The Consultants shall be responsible for the circulation of the documents directly to the DR, and Government departments, bodies, organizations, and public utility companies. Page 12 Agreement No. CE 36/2012 (CE) Review Phase Deliverable Content Max. no. of Target Date for copies Submission (a) Inception in accordance with Clause 15 (draft) within 3 weeks and 6 Report for the 6.2.2 of this Brief weeks for the draft Assignment 15 (final) report and final report respectively from the date for commencement of the Assignment (b) Environmental in accordance with Clause 15 (draft) within 8 weeks and 12 Review Report 6.2.3 of this Brief weeks for the draft 15 (final) report and final report respectively from the date for commencement of the Assignment (c) Site in accordance with Clause 10 (draft) within 6 weeks and 10 Investigation 6.2.4 of this Brief weeks for the draft Plan 10 (final) report and final report respectively from the date for commencement of the Assignment (d) Draft Land in accordance with Clause 15 (draft) within 8 weeks from Requirement 6.2.5 of this Brief the date for Plans commencement of the Assignment (e). Tree Survey in accordance with Clause 10 (draft) within 16 weeks and 20 Report 6.2.6 of this Brief weeks for the draft 10 (final) report and final report respectively from the date for commencement of the Assignment (f) Traffic in accordance with Clause 15 (draft) within 8 weeks and 12 Review Report 6.2.7 of this Brief weeks for the draft 15 (final) report and final report respectively from the date for commencement of the Assignment Page 13 Agreement No. CE 36/2012 (CE) (g) Project Profile in accordance with Clause 15 (draft) within 12 weeks and 16 6.2.12 of this Brief weeks for the draft 15 (final) report and final report respectively from the date for commencement of the Assignment (h) Preliminary in accordance with Clause 15 (draft) within 8 weeks and 12 Design 6.2.10 of this Brief weeks for the draft 15 (final) report and final report respectively from the date for commencement of the Assignment (i) Reports, in accordance with Clause 10 sets within 14 weeks and 18 drawings and 6.2.9 of this Brief weeks for the draft all necessary report and final report plans and respectively from the documents for date for submissions to commencement of the ACABAS Assignment (j) Review Report in accordance with Clause 15 (draft) within 8 weeks and 12 6.2.13 of this Brief weeks for the draft 15 (final) report and final report respectively from the date for commencement of the Assignment Page 14 Agreement No. CE 36/2012 (CE) Design Phase Deliverable Content Max. no. of Target Date for copies Submission (a) Design in accordance with 15 (draft) within 4 weeks and 6 memorandum Clause 6.3.3 of this weeks for the draft and Brief 15 (final) final report respectively from the date for commencement of the Design Phase of the Assignment (b) Land finalize the draft land 15 (final) within 4 weeks from the Requirement requirement plans date for commencement Plans of the Design Phase of the Assignment (c) Gazette 4 sets within 2 weeks and 4 materials for weeks for the draft and gazetting of final gazette materials the works from the date for commencement of the Design Phase of the Assignment. (d) Design 2 sets (draft) within 36 weeks and 40 Calculations, weeks for the draft report Drawings, and 2 sets (final) and final report Certificates of respectively from the the Works (the date for commencement same of the Design Phase of submission the Assignment shall be made in respect of any later revised design). (e) Tender 10 (draft) within 40 weeks and 44 Documents weeks for the draft report and Drawings 30 (final) and final report including respectively from the Electronic date for commencement Dissemination of the Design Phase Package (f) Design Report in accordance with 10 To be agreed Clause 6.3.15 of this Brief Page 15 Agreement No. CE 36/2012 (CE) Tender Phase Deliverable Content Max. no. of Target Date for copies Submission (a) Plans and Draft gazette 4 (draft) within 2 weeks and 4 Associated notification, general weeks for the draft Documents layout plans and other 4 with 1 set report and final report for Invitation necessary documents for negatives of respectively from the to Tender the purpose of calling the general date for for tenders. layout plans commencement of the (final) Tender Phase (b) Reports on 4 (draft) within 6 weeks and 8 Tenders weeks for the draft 4 (draft) report and final report respectively from the date for return of tenders (c) Contract works contract drawings 10 (drawings) within 2 weeks from Documents and documents approval of the Tender 15 (documents) Report (d) Unit cost of format to be agreed with 4 (draft) within 8 weeks and 10 highways the DR weeks for the draft works 4 (final) report and final report respectively after the award of the Contract (e) Rates of the the document shall be a 2 (hard copy) within 3 weeks after lowest three spreadsheet/database, in the award of the tenders and hard and soft form 1 (soft copy) Contract the averaged listing the rates of all rates items in the Bills of Quantities priced by the lowest three tenderers together with the averaged rates Page 16 Agreement No. CE 36/2012 (CE) Construction Phase Deliverable Content Max. no. of Target Date for copies Submission (a) Progress Refer to Clause 9 4 within the first 5 Reports, working days of each Financial month Reports, Other Site Records (b) Engineer’s Engineer’s certificate for 4 as required under the Certificates payments and all other Works Contract certificates required from the Engineer under the contract (c) Submissions to Documents and 4 as required under the Employer for drawings for obtaining Works Contract approvals the Employer’s regarding comments and approvals claims and regarding claims and variations variations to the contract (d) Replies to Reports, replies and 4 as and when required public enquires submissions regarding and complaints the works of the Project including all enquiries and complaints by public, District Council, local organizations and the likes (e) As-constructed As specified in Clauses As specified Drawings 5.6, 5.7 & 5.8 of this in Clauses Brief 5.6, 5.7 & 5.8 of this Brief (f) Geotechnical Slope Maintenance 4 within 8 weeks from Submissions Manuals, Certificate of completion of the Works Design and Completion Contract of Slopes and Retaining Walls and Information for Registering the New Slopes and Retaining Walls Page 17 Agreement No. CE 36/2012 (CE) 5.2 Further to Clause 5.1, the Consultants shall provide the following - (a) amended versions of all plans, drawings, reports, technical notes, briefing notes supporting documents, papers and other relevant input in English and Chinese required for consultation with external bodies such as the District Councils or public meetings; (b) coloured plans/drawings, PowerPoint materials, photomontages and display materials for presentation and consultation purposes; (c) 4 sets of dimension plans for the Project with 1 set of negatives and 1 set of digital data file in Microstation (DGN) format; and (d) 2 copies of ground investigation and laboratory testing reports. 5.3 For each works contract including works carried out by term contractors or to be entrusted to other parties, the Consultants shall provide- (a) up to 10 copies each of the detailed landscape proposal, tree survey report and Tree Felling Application; (b) up to 5 copies of finalized drawings of “design” status of size as specified; (c) up to 5 copies of the Bill of Quantities or Schedule of Rates with estimates and breakdown; (d) up to 5 copies (each set shall include one hardcopy and one softcopy) of the finalized calculations of “design” status including a statement of the standards, procedures and codes of practice adopted together with appropriate Design Certificates and Independent Check Certificates; (e) up to 15 copies of the summary sheet tabulating the essential correspondence exchanged, the final agreement to the proposed works with all maintenance and operation authorities along with their requirements for the records and calculations upon taking over of the completed works and the deliverables to the maintenance and operation authorities according to the summary sheet; (f) up to 10 copies of draft operation and maintenance manuals, where necessary in separately bound volumes, for proposed works, to Page 18 Agreement No. CE 36/2012 (CE) EACH and ALL corresponding maintenance and operation authorities; (g) up to 10 copies of the site investigation, survey works and the associated field & laboratory testing reports shall be submitted to the Geotechnical Information Unit of GEO or DR as appropriate; (h) up to 5 copies of Quality Site Supervision Plan (QSSP) for each works contract; (i) up to 5 copies of revised QSSP for each works contract upon major modifications; and (j) up to 5 full sets each of the draft and final tender documents. 5.4 For each works contract or site investigation contract, the Consultants shall provide addenda for the collection of the interested parties and electronic dissemination package for tender documents. The original documents and subsequent addenda shall be certified before dissemination. 5.5 For each works contract, the Consultants shall- (a) certify all copies of contract documents; (b) provide true size drawings in each contract documents with soft copies of the drawings in formats agreed by the DR; (c) certify all drawings in each contract documents; (d) up to 5 copies of Quality Site Supervision Plan (QSSP) for each works contract; (e) up to 5 copies of revised QSSP for each works contract upon major modifications; and (f) provide up to 15 copies for each working drawing with soft copies of the drawings in formats agreed by the DR; (g) provide up to 15 copies of correspondence, instruction, site records, etc as required by the DR; (h) “as-constructed” drawings with each set in both 35mm size drawing microfilming (silver) to be mounted on right hand side of aperture Page 19 Agreement No. CE 36/2012 (CE) cards of 188mm x 83mm and in roll form 35mm x 230.5m with 500 images per reel with roll container of size 97mm x 96mm x 44mm; (i) provide two full sets (1 print plus 1 digital copy in Microstation (dgn) and Acrobat (pdf) formats) of drawings of “as-constructed” status; (j) provide one full set (1 hard copy and 1 in CDRom) of operation and maintenance manuals; (k) provide one full set of calculations of “as-constructed” plus that for “design” and “working” status as appropriate and other relevant design information in roll form 35mm x 30.5m with 1,000 images per reel with roll container of size 97mm x 96mm x 44mm, including updated Design Memorandum and corresponding Check / Design Certificates; and (l) provide one full set of all site records for each works contract after finalization of the contract and settlement of all the contractual disputes. 5.6 For the works to be handed over to Structures Maintenance Section, New Territories Region of HyD, the Consultants shall provide- (a) 2 full sets of drawings of “as-constructed” status (with drawing list) with each set in both 35mm size drawing microfilming (silver) to be mounted on right hand side of aperture cards of 188mm x 83mm together with a roll form 35mm x 230.5m with 500 images per reel with roll container of size 97mm x 96mm x 44mm in accordance with HyDTC No. 2/2003 “As-constructed Drawings and Design Calculations for Highway Structures”. (b) 3 sets of digital copy of drawing (with drawing list) in CD-ROM and in .DGN format with settings and details in accordance with HyD Guidance Notes No. RD/GN/23 – Computer Aided Drafting. The digital copy of the as-constructed drawing shall be prepared in MicroStation (.dgn) and Acrobat (.pdf) formats in accordance with HyDTC No. 2/2003. The list of as-constructed drawings shall be prepared in Excel (.xls) format for reference and indexing purposes. (c) 2 full sets of calculations of “as-constructed” plus that for “design” and “working” status as appropriate, one set of structural design calculations and other relevant design information in book form and in digital form prepared in Acrobat (.pdf) format in accordance with HyDTC No. 2/2003 “As-constructed Drawings and Design Calculations for Highway Structures”. Page 20 Agreement No. CE 36/2012 (CE) (d) Structure Record Sheets and Bearing & Expansion Joint Performance Report in the format as set out in Appendices of Chapter 7 of Project Administration Handbook. (e) Construction cost of each structure. (f) Design Notes (PAH Vol. 1 Chapter 4, Cl. 3.4.2 refers). (g) GEO Checking Certificate for Slopes and Retaining Walls in accordance with ETWB TCW No. 20/2004. (h) Checking certificate for as-constructed structures by the designer/checking engineer. 5.7 For works to be handed over to New Territories Region of HyD, the Consultants shall provide- (a) 2 full sets of drawings of “as-constructed” status with each set in both 35mm size drawing microfilming (silver) to be mounted on right hand side of aperture cards of 188mm x 83mm together with a roll form 35mm x 230.5m with 500 images per reel with roll container of size 97mm x 96mm x 44mm. (b) 2 set of soft copies of as-constructed drawings in Microstation (dgn) and Acrobat (pdf) formats stored in CD-ROM. (c) One set of hard copies of as-constructed drawings in negative format. (d) 1 full set of calculations of “as-constructed” plus that for “design” and “working” status as appropriate and other relevant design information in book form. (e) One set of as-constructed drawings list in hard copy and digital copy in Microsoft Excel format. (f) One set of slope / tunnel maintenance manual in hard copy and digital copy in MSWord stored in CD-ROM, if necessary. 5.8 For works to be handed over to other departments/parties and management / maintenance authorities, the Consultants shall provide 3 sets (1 sepia, 1 print and 1 set in CDRom) as-constructed drawings and 4 sets (2 hard copies and 2 in CDRom) of maintenance and operation manual. For the drainage and sewerage works to be handed over to DSD, the Consultants shall submit 2 Page 21 Agreement No. CE 36/2012 (CE) sets of CCTV survey records and reports. 5.9 Format, size & delivery (a) The hard copies of reports, working papers, presentation materials, pre-qualification and contract documents and design calculation book shall be in A4 size whereas the drawings attached should be of convenient sizes not exceeding A3 size unless otherwise specified in this Brief. (b) The hard copies of drawings of “design”, “pre-qualification”, “tender”, “contract” or “working” status (not being attached in the documents) for the distribution to the interested parties or execution of the Articles of Agreement should normally be of A0 or A1 size. However the hard copies of all kinds of drawings for the DR’s general use shall be of A2 size. (c) The programme to be submitted in accordance with this Brief shall not be exceeding A3 size unless with the prior agreement of the DR. (d) To minimise waste paper production, the Consultants shall endeavour to observe the following environmental-friendly measures in preparing documents: - all reports, technical notes and working papers shall be printed on recycled paper and with not less than 50% recycled materials and not exceeding 80 gsm with the logo of recycled paper printed in a prominent area of the report on both sides; excessive use of plastic laminates, glossy covers or double covers shall be avoided as far as possible and use recyclable non-glossy art board paper as document covers shall be encouraged; all reports shall be of single line spacing and printed on both sides of the paper; excessive white space around the borders and in between the paragraphs of all documents shall be avoided; and number of pages to be minimized by reducing the size of typeface(font). For example, “Times New Roman” of font size not exceeding 10 characters per inch (cpi) or equivalent to point 12 shall be used in balancing legibility and clarity against the waste reduction objective. Page 22 Agreement No. CE 36/2012 (CE) (e) For submissions to Government departments, the Consultants shall prepare and furnish all reports accompanied by all such designs, drawings, dimensions, sections, plans, specifications, reports on ground, groundwater, soils or special investigations and tests, estimates of cost and other documents as may be necessary for their examination or consideration. (f) The Consultants shall be responsible for the delivery of the Deliverables to the DR and the relevant parties for comments and/or actions according to the distribution list to be proposed by the Consultants and agreed by the DR. (g) The working papers and reports including soft copies shall reach the concerned parties at least 10 working days in advance of meetings to discuss the documents. In seeking comments on designs, drawings, specifications and other documents through circulation, a minimum of 3 weeks shall be allowed for response from the concerned parties. 5.10 Provision of Deliverables in Digital Format (a) The Consultants are required to provide the finalized versions of the Deliverables stated below in digital format to the DR: - Inception Report All working papers; All reports except progress reports; Design Memorandum; Consultation digests and gazette documents; Drawings; Programmes; Design certificates; All Final Reports and Executive Summaries; Design calculations; Tender/contract documents; Operation and Maintenance Manuals; and Other Deliverables as required by the DR. The digital copy shall be saved in a convenient medium agreed by the Director’s Representative, such as compact disc kept in a protective pocket attached to the hard copy delivered. (b) When requested, the Consultants shall also provide the digital copies of the draft versions of the Deliverables in Sub-clause (a) above. (c) Unless otherwise agreed by the Director's Representative, the digital copies of the Deliverables shall be in .doc format (Word 97 file Page 23 Agreement No. CE 36/2012 (CE) format which is used by Word 97 and later versions) or shall be printable using Microsoft Word 2000, 2002 or 2003 without loss of data and change in appearance compared with the corresponding hard copies, except that: - (i) Final Report and Executive Summary shall be in Adobe Portable Document Format (PDF) (non-raster version which allows text extraction); (ii) Drawings shall be in Microstation V8 DGN format conforming to the Computer-Aided-Drafting Standard for Works Projects promulgated by the Development Bureau; (iii) Calculation spread sheets shall be in .xls format (Excel 97 file format which is used by Excel 97 and later versions) or shall be printable using Microsoft Excel 2000, 2002 or 2003 without loss of data and change in appearance compared with the corresponding hard copies; (iv) Project programmes shall be printable using Microsoft Project 2000, 2002 or 2003 without loss of data and change in appearance compared with the corresponding hard copies; and (v) Photographs, illustrations, portraits, documents provided by others and documents involving signatures such as Design Certificates shall be scanned and saved in Encapsulated PostScript Files (EPSF), Tag Image File Format (TIFF), Graphic Interchange Format (GIF), Joint Photographic Experts Group (JPEG), or Adobe Portable Document Format (PDF). (d) Upon completion of the Assignment, the Consultants shall submit to the DR two sets of compact disc(s) or DVDs kept in rigid plastic cases - (i) The first set of disc(s) shall contain all digital copies of the Deliverables mentioned in Sub-clause (a) above; and (ii) The second set of disc(s) shall contain only the Final Report and Executive Summary. In addition, the first set of disc(s) shall include a digital copy of the brief to be provided by the Director’s Representative and an index file in HTML (hypertext markup language) or equivalent format containing the salient points of the Assignment and the following information about each of the digital copies provided: Page 24 Agreement No. CE 36/2012 (CE) Title of the Deliverables; Version number and date of issue of the Deliverables; File name of the Deliverables; Software used to create the Deliverables; Version of the software; and Highlights of any intellectual property rights belonging to a third party. A sample of the index file is included in Appendix C. (e) The discs submitted shall be clearly labelled on the surfaces and the protective cases with the date of production of the discs, the agreement number and title of the Assignment, the name and logo of the Civil Engineering and Development Department, and the name and company chop of the Consultants. In addition, the spines of the cases shall be marked with the agreement number. (f) For intellectual property rights belonging to a third party, the Consultants shall procure that the owner of the intellectual property rights shall grant to the Employer a royalty-free licence to utilize the intellectual property rights for purposes contemplated under this Agreement. (g) All data generated and computer software/programmes which are developed by the Consultants for the purpose of the Assignment shall be compatible with the Government’s computer hardware and shall be submitted to the DR before completion of the Assignment. They shall be properly documented. Licences for computer programmes shall be assigned to the Employer unless prohibited by licensers. The Employer shall have the right to use, or pass to other consultants to use, the computer software, models, data, etc. submitted by the Consultants under this Assignment for further analysis and assessment in relation to the Assignment or other government projects. (h) The Consultants shall provide the necessary hardware and software to extract the information if it is transferred in compressed format. Besides, they shall produce data flow diagrams, ER diagrams, data dictionaries, metadata, technical notes and user manuals to enable the DR to understand, handle, operate, update and maintain the input and output data files, databases and programmes, of the mathematical models. Page 25 Agreement No. CE 36/2012 (CE) 6. Services to be provided by the Consultants 6.1 General 6.1.1 The Services to be provided by the Consultants shall be as defined in the General Conditions and Special Conditions of the Employment and as amplified, extended and set out in this Brief. The general services as described in all sub-clauses to Clause 6.1 of this Brief below shall, where appropriate and applicable, apply to all phases of the Assignment. 6.1.2 Unless otherwise explicitly stated, the Services to be provided by the Consultants as described in this Brief shall be covered by the lump sum fee. 6.1.3 The Consultants shall carry out all surveys, levels and soundings in accordance with Clause 20 as appropriate, and other investigations and inquires as necessary for the satisfactory completion of the Assignment. 6.1.4 The Consultants shall identify all existing or planned facilities, installations and rights that will be temporarily or permanently affected by the Project and recommend optimum solutions. The Consultants shall submit the diversion/relocation proposals to relevant parties for comments and approval. 6.1.5 The Consultants shall identify any resumption, clearance and reprovisioning that may be required and advise on all aspects of land matters, land values, resumption cost and reprovisioning cost. The Consultants shall avoid land being sterilized and minimize land acquisition and clearance. In this regard, land requirement plans showing the extent of land requirements for alternative options shall be prepared. 6.1.6 The Consultants shall explore a reasonable number of options for evaluation in order to arrive at the optimum solution for the footbridge to be constructed, taking into consideration the various constraints imposed by construction, land, cost effectiveness, programming, environmental, ecological, archaeological and legal considerations, etc. 6.1.7 The Consultants shall produce preliminary design (including any associated environmental mitigation measures), plans, drawings, profiles, sections, specifications and calculations as required for the satisfactory completion of the Assignment. 6.1.8 Where appropriate, the Consultants shall liaise and co-operate with the vendors, manufacturers or suppliers of plant, materials and proprietary products and take all necessary steps to obtain from them all details, specifications, preference records necessary for the timely and satisfactorily completion of the Assignment. Page 26 Agreement No. CE 36/2012 (CE) 6.1.9 The Consultants shall assess and provide the Estimates of the cost of the Project. Estimates of the cost of the Project should be deemed to refer to the estimated capital and recurrent costs of all the items of works and associated consultancy fees. The Consultants shall also liaise with other consultants and departments and coordinate estimates of the cost of the relevant PWP Items and/or Cat D Items. The Consultants shall assess the recurrent consequences in the format stipulated in the Financial Circular No. 2/2005 in consultation with all the relevant maintenance authorities. The Consultants shall also be required to update the recurrent consequences as and when required by the DR. 6.1.10 The Consultants shall ensure that the procedures stipulated in the Stores and Procurement Regulation are followed, and a fair and competitive tendering process is undertaken, as far as possible, for the reimbursable items, and that the tender sum/rates are reasonable and present the best value for money. 6.1.11 The Consultants shall comply with the guidelines and requirements as stipulated in the latest versions of the Project Administration Handbook, the Handbook on Selection, Appointment and Administration of Engineering and Associated Consultants, Financial and Accounting Regulations, Secretariat Instructions, circulars of DEVB, ETWB, HPLB and Works Bureau, and departmental instructions and circulars from concerned government departments together with other statutory regulations and ordinances in connection with the Project works when performing their Services and providing every assistance to the DR in fulfilling such guidelines and requirements. The Consultants shall also comply with all other Government Handbooks, manuals, circulars, standing instructions, technical memoranda, guidance documents and Government regulations that are in force at the relevant time and that may be relevant to the Assignment or as reasonably directed by the DR. Should there be any apparent inconsistencies amongst the concerned documents and guidelines, the Consultants shall draw the DR’s attention to the matter for clarification whilst pursuing the Assignment with due diligence in parallel. 6.1.12 The Consultants shall undertake any special investigations as may from time to time be required subject to the approval by the DR. The Consultants shall undertake additional works directly or indirectly related to the Project, which may be instructed by the DR and shall form part of the overall scope of the Assignment and be covered by the terms of the Assignment. 6.1.13 The Consultants shall assist the DR to go through all necessary statutory procedures and to resolve objections received when different elements of the Project are gazetted under ordinances. The Consultants shall prepare necessary information and arrange meetings with the objectors. The number of meeting with the objectors required by the Consultants shall be limited to Page 27 Agreement No. CE 36/2012 (CE) 20. 6.1.14 The Consultants shall apply for Excavation Permits (XPs) in connection with the Project through the Excavation Permit Management System (XPMS) implemented by HyD and shall assist to apply Simplified Temporary Land Allocations (STLAs) in accordance with relevant procedures specified by LandsD. The Consultants shall also investigate if the works on Government land fall within the category under Section 10B(2) as minor works, in which XPs can be except by the Authority. The Consultants shall prepare drawings and relevant information required for application of XPs; input, update, maintain and upload/download the data required for XP application through the respective HyD's website. The Consultants shall be responsible for planning, applying, co-ordinating with HyD and LandsD, relevant authorities and Government departments and utility undertakers to obtain XPs and STLAs for ground and site investigations and the contract works. The Consultants are also required to resolve any conflict cases during processing of XP applications in the XPMS and STLA applications by LandsD. The Consultants shall inform the DR the progress and status of the XP applications and STLA applications and identify problems that may cause possible delay to the programme of the Assignment. In the implementation stage of XPs and STLAs, the Consultants shall assist the DR in the submission of XP application and STLA application, extension of applications, making advance notification of commencement of works and notification of completion of works, monitoring of the contractor’s performance in complying with the requirements of LandsD and HyD. 6.1.15 The Consultants shall prepare draft press/gazette notices required for temporary traffic diversions together with copies of the layouts agreed by relevant Government departments, including Traffic Police and TD, and submit to the authorities at least three weeks prior to the gazette date. The Consultants shall update and distribute to relevant Government departments a list of all temporary arrangements being implemented. 6.1.16 The Consultants are required to prepare a Quality Site Supervision Plan (QSSP) in accordance with the requirements of this Brief in the Design Phase. The QSSP and its execution shall be subject to Employer’s technical audits. The Consultants shall also review the QSSP with the Resident Site Staff during the Construction Phase. 6.1.17 The Consultants shall, in considering different engineering options for the works elements, pay particular attention to the operation and maintenance requirements of the works and shall only recommend those options that are acceptable to operation and maintenance authorities. The Consultants shall in this regard coordinate and liaise with these authorities to ascertain their requirements and secure the necessary agreement to the design solution and corresponding operation and maintenance manuals. Page 28 Agreement No. CE 36/2012 (CE) 6.1.18 The Consultants shall comply with and observe all ordinances, by-laws, regulations and rules being in force in Hong Kong. The Consultants shall provide all necessary assistance and input to obtain necessary licence and permits for the implementation of the Project. 6.1.19 The Consultants shall draw to the attention of the DR the need to consider any legal implications and consequences arising out of or in relation to the implementation of the Project and the various options proposed. 6.1.20 The Consultants shall provide all relevant information relating to the Assignment as may from time to time be required by the DR. 6.1.21 The Consultants shall identify and take cognisance of other projects and all interface issues relating to the Project and identify and resolve any potential or actual conflicts that may arise during the course of the Assignment. In particular, the Consultants shall identify, assess and manage the interfaces between the Project and the following projects and/or assignments and, where appropriate, shall comment on proposals relating to those projects and/or assignments which are in progress / under planning: (a) The respective developments in the CDA(1) at Lok Wo Sha, and in CDA(2) and CDA(3) sites at Whitehead as shown on the draft MOSOZP No. S/MOS/17. 6.1.22 The Consultants shall consult, liaise, co-ordinate, respond to enquiries and/or complaints and correspond directly with all relevant Government offices, utilities companies, transport facilities operators, organisations, authorities, public or private bodies and/or individuals, consultants, contractors and developers on all matters that may be related to the implementation of the Project. In this respect, a selected and non-exclusive list of relevant parties is listed in Appendix D. Any correspondence, notes or minutes arising from liaison with these parties shall be copied to the DR. Any problem in consultation, liaison and co-ordination shall be promptly referred to the attention of the DR together with the Consultants’ recommendation on how the problem shall be resolved. 6.1.23 The Consultants shall prepare summaries of comments made by various parties in connection with the consultations or circulation of the scheme and details of the Project. These summaries shall include the Consultants’ replies to, advice/recommendations for further action on, and/or report on action taken arising out of those comments. If necessary, the Consultants shall liaise with relevant bodies and assist with negotiations for any works that may be required. 6.1.24 The Consultants shall comply with CEDD’s requirements on quality assurance system and environmental management system under CEDD’s Page 29 Agreement No. CE 36/2012 (CE) Integrated Management System. 6.1.25 The Consultants shall, as early as practicable, agree with the relevant departments the arrangements for handing over the completed works, including any acceptance and commissioning tests that may be required. The Consultants shall ensure that the agreed arrangements would be fully allowed for in the construction contracts. 6.1.26 The Consultants shall note that the construction period of the works will likely be overlapped with some of the above projects and the Consultants are required to liaise with the departments/parties concerned to resolve the interface issues. 6.1.27 In amplification of Clause 19 of the General Conditions of Employment, the Consultants shall communicate and correspond direct with other Government departments, corporate and private organisations to obtain information in connection with the Project, copying such correspondence to the DR. Any problem in communication or liaison should be referred to the DR for assistance. 6.1.28 The Consultants shall be responsible for arranging and directing the inspection and testing of materials, proprietary products and plant involved in the Project. 6.1.29 Upon request from the DR, the Consultants shall provide a draft reply to all sorts of complaints, expression of dissatisfaction, accusations and queries raised by the general public or Government departments in relation to the Project. 6.1.30 The Consultants shall provide, compile and where necessary co-ordinate the periodic returns and statistical information relating to the contract pursuant to various Government circulars in force and as required by the DR, and submit the same to the relevant Government departments and/or authorities. 6.1.31 Further to the Clause 13 of the General Conditions of Employment, the Consultants shall be required to participate and supply all necessary documents, presentation materials and drawings including perspective drawings and photomontages as necessary for briefing the authorities and complying with the statutory ordinances and Government procedures required for the Assignment. The Consultants shall be prepared to provide materials for presentations to the public in both English and Chinese. In this connection, the Consultants are required to conduct the presentation involving the public in Chinese unless agreed otherwise by the DR and in which case the Consultants are to arrange interpretation services by their own means and at their own costs. Page 30 Agreement No. CE 36/2012 (CE) 6.1.32 The Consultants shall circulate draft reports and working papers to relevant bureaux and departments for comment and attach the response-to-comment in the final reports and working papers. 6.2 Review Phase 6.2.1 The Consultants shall conduct a Project review to review critically the works carried out by others for the key documents and reports of the MOS Study, other related studies and all available relevant information and data in relation to the Project. The Consultants shall review the Assessment Report for the different development scenarios at Whitehead and Lo Wo Sha and the updated development parameters to confirm the design data for the proposed sewage pumping station. The Consultants shall provide recommendation to the Director’s Representative to adopt, revise or reject any recommendations or conclusions made in the earlier studies as may be appropriate. The Project review shall identify all relevant issues arising from the earlier studies which require follow-up action and the Consultants shall take or recommend appropriate follow-up action accordingly. 6.2.2 Inception Report The Consultants shall prepare draft and final Inception Reports, which forms the basis for the Assignment. The Consultants shall carefully plan the tasks to be carried out, the deliverables to be submitted and the programme for the tasks. The Inception Reports shall consist of at least the following: (a) an understanding and appreciation of the objectives of the Assignment; (b) a list of work tasks with a brief description of each task; (c) study approach and outline methodology for various tasks including design development, contract and procurement strategy, tender assessment, project administration; risk management and site supervision; (d) a comprehensive Programme of Implementation for the Assignment containing all activities/tasks, their timing, consultation and/or gazettal required, key dates for receipt of approvals; a schedule detailing the submission of reports, working papers, plans, etc as required in the Assignment; (e) the overall project organization of the Consultants and the Page 31 Agreement No. CE 36/2012 (CE) team/management structure including sub-consultants/specialists and a list of key staff with respective responsibilities; and (f) a preliminary Design Memorandum including design standards, code of practices and guidelines to be adopted for the Assignment 6.2.3 Environmental Review 184.108.40.206 The Consultants shall conduct an Environmental Review to review and ascertain any changes subsequent to the approved Schedule 3 EIA report under the MOS Study and the environment review completed under Phase 1 project due to the changes to the original development proposals and the inclusion of infrastructure works and construction operations not covered in the Schedule 3 EIA Report and/or the Phase 1 Environmental Review Report. The changes include but not limited to the proposed re-zoning and change of development intensities, and the proposed SPS and footbridge that will be implemented under this Project. 220.127.116.11 The Consultants shall assess the potential environmental impacts for the infrastructure works and construction operations under the Project that are not covered in the approved Schedule 3 EIA Report under the MOS Study and the Phase 1 Environmental Review Report during construction and operation stages, including the cumulative impacts with other existing, committed, proposed and planned activities and developments. 18.104.22.168 The Consultants shall identify and recommend mitigation measures and environmental monitoring and audit requirements to be integrated into the Project to avert or mitigate the potential adverse impacts to meet appropriate environmental quality standards for all construction, post-project and operational phases of the Project which shall include, where appropriate, the audit of design submissions during the construction stage. 22.214.171.124 The Consultants shall submit an Environmental Review Report which shall (a) fully satisfy the requirements of this Brief; (b) identify and ascertain the impacts and relevant mitigation measures in relation to the findings and conclusions of the approved EIA report of the MOS Study and Phase 1 Environmental Review Report in relation to this Project; (c) address the changes to the details in the approved EIA report of the MOS Study and Phase 1 Environmental Review Report in relation to this Project; Page 32 Agreement No. CE 36/2012 (CE) (d) identify the impacts and relevant mitigation measures for the works under the Project that are not covered by the approved EIA report of the MOS Study and Phase 1 Environmental Review Report; (e) define the environmental audit and monitoring requirements for compliance and post-project audit, which will include a review of the monitoring data both to identify compliance with regulatory requirements, policies and standard and to define any remedial works required to redress unanticipated or adverse consequential environmental impacts; (f) propose a detailed programme of monitoring and reporting able to meet all other objectives of the Assignment; (g) prescribe the specification for detailed design, construction and operation requirements of the Project; and (h) provide with the study findings, conclusions, recommendations and a mechanism for implementation. 126.96.36.199 The Consultants shall address any comments and suggestions the DEP may raise on the Environmental Review Report and amend the Report as appropriate until all comments are resolved and the Environmental Review Report agreed by DEP. 6.2.4 Site investigation and survey works 188.8.131.52 Site investigation includes ground investigation works, laboratory testing and monitoring. Site investigation shall be procured either through works contracts or the term contract of GEO provided the estimated cost is less than $4 million or the prevailing ceiling. The Consultants shall supervise site investigation and the costs shall be deemed have been covered in the lump sum fee of this Agreement. 184.108.40.206 The Consultants shall, having reviewed existing information of ground investigation and laboratory testing, submit a Site Investigation Plan recommending the scope and phasing of site investigation required to enable the satisfactory carrying out of studies and detailed design of the Assignment. 220.127.116.11 The site investigation shall provide adequate information for the purpose of design and cost estimate. The Consultants shall propose trial pits and trial trenches to locate the location and level of utilities or services or structures, which may be critical to the technical assessment or design of the Project. 18.104.22.168 All land topographical surveys, levels and archaeological survey necessary for the Assignment are to be carried out by qualified persons of the Consultants. The Consultants shall ensure that suitable information is available in good time to facilitate carrying out of pre-tender estimates. Page 33 Agreement No. CE 36/2012 (CE) 22.214.171.124 The Consultants shall prepare the tender documents and drawings as necessary for carrying out the investigations, tests and surveys/inspections (including environmental surveys and monitoring) so identified, invite tenders and undertake the tender assessment for each tendering exercise. The Consultants shall note and follow the requirements of Ground Investigation Note No. 1/2011 or its updated version, which is available on the CEDD web site’s Downloading Area http://www.cedd.gov.hk/eng/about/ organisation/doc/gin.pdf. 126.96.36.199 Subject to availability of appropriate resources and facilities and agreement by the DR, some of these works may be executed by the term contractors of GEO through issuing of works orders to be prepared by GEO. The Consultants shall draft the Works Order for the proposed ground investigation works and shall also be responsible for liaison with GEO and supervision of the site investigations, tests and survey/inspection works if they are conducted under a GEO ground investigation term contract. The Consultants shall make their request for ground investigation and laboratory testing works to CGE/Geotechnical Projects (GP) and CGE/Standards and Testing (S&T) of GEO respectively. The Consultants shall submit a desk study report describing the objectives and scope of the ground investigation works, the background information examined, and the plan of technical supervision with each request of ground investigation works to CGE/GP. The Consultants shall carry out planning and review of ground investigation works and laboratory testing, provide the required information and obtain necessary permissions, and approvals such as excavation permit (XP) for carrying out the proposed ground investigation works, responsible for coordination and liaison with other parties and provide up-to-date utilities records. 188.8.131.52 Whether the site investigation / survey works and testing are to be procured through tendering exercise or by Government’s term contractors, the Consultants shall be responsible for the contract administration and site supervision of these works including exploratory boreholes, trial pits, survey, inspections, laboratory tests, models, soil investigations or other special investigations. 184.108.40.206 The Consultants shall note the requirements stipulated in WBTC No. 13/90 and GI Note No. 1/2010 if laboratory testing is to be procured through tendering exercise or GEO’s term contracts. In particular, for supervision of soil and rock testing, the requirements given in Section 15.5 of Geoguide 2, paragraph 3.5.2 of GI Note No. 1/2011 and Clause 16 of WBTC No. 13/90 shall be followed. 220.127.116.11 Where trial pits or trial trenches are required to locate utilities in existing roads and footpaths, the Consultants shall liaise with relevant authorities and Page 34 Agreement No. CE 36/2012 (CE) propose for their agreement temporary traffic arrangements. The Consultants shall apply XPs in connection with the Project through the Excavation Permit Management System (XPMS) implemented by HyD and assist to apply STLAs in accordance with relevant procedures specified by LandsD. The Consultants shall also investigate if the works on Government land fall within the category under Section 10B(2) as minor works, in which XPs can be except by the authority. The Consultants shall identify the land status of the site where GI is required, plan, apply, co-ordinate with HyD and LandsD, relevant authorities and Government departments and utility undertakers to obtain XPs and STLAs and assist the DR to resolve all land matters and to obtain permissions from the land owners/ tenants/ for entry. In the implementation stage of XPs and STLAs, the Consultants shall assist the DR in the submission of XP application and STLA, extension of applications, making advance notification of commencement of works and notification of completion of works, monitoring of the contractor’s performance in complying with the requirements, etc. 18.104.22.168 The Consultants are required to scrutinize and interpret the data collected from the site investigations, surveys/inspections, levels and testing and compile geotechnical appraisal reports summarizing the findings and parameters adopted for follow-on detailed design. The Consultants shall submit the draft and final versions of the report on the results, findings, interpretations and conclusions for each of the necessary investigations, tests and surveys/inspections. 22.214.171.124 In addition, the Consultants shall comply a Geotechnical Assessment Report to document the site investigation / survey / laboratory testing and monitoring results including all reviewed data relevant to the Project. 126.96.36.199 After commencement of the detailed design for each works contract, the Consultants shall review the site investigation and survey carried out in earlier stage of the Assignment and identify and advise the DR any further site investigation and survey work are necessary. 6.2.5 Land Requirement Plans 188.8.131.52 The Consultants shall prepare and submit draft and final land requirement plans for each works contract under the Project, assist in the submission of Clearance Application Forms and liase with the relevant District Lands Offices for the timely resolution of any land issues affecting the land acquisition process and, where necessary, prepare revised land requirement plans. The plans should include land for all works sites, works areas, access and stockpile areas needed for completion of the Assignment. The Consultants shall assist in the liaison and negotiation with relevant parties for resumption, acquisition, clearance and reprovisioning works for the Project. The Consultants shall also identify the extent of road openings Page 35 Agreement No. CE 36/2012 (CE) required for any part of the Works that is to be carried out in part of the existing road/footway and to liaise with and to assist to apply for road opening permits from HyD and LandsD. 6.2.6 Tree Preservation 184.108.40.206 The Consultants shall follow the requirements in ETWB TCW No. 3/2006 for tree preservation and ETWB TCW No. 34/2003 for community involvement in greening works. 220.127.116.11 The Consultants shall conduct a tree survey, appraisal with recommendations on preservation, transplanting or felling of trees and compensatory planting proposals. All information required in the Circular shall be included in a Tree Survey Report. The Contractor shall note that the proposed site boundary may encroach upon the margin of Fung Shui Woodland to the east of Wu Kai Sha Village. The Consultants shall preserve the existing trees, particularly in Fung Shui Woodland, as far as practicable in the design. 18.104.22.168 The Consultants shall assist in the Tree Removal Applications for each works contracts. The Consultants shall exercise their best endeavour to preserve trees within and adjacent to the works area. If after exhausting all the practical means and it is still inevitable to fell tree(s), the Consultants shall submit a Tree Felling Application if necessary in the form of a report with drawings and photos covering tree survey information, tree treatment recommendations and compensatory planting proposal, for approval by the appropriate authorities. In this respect, the Consultants shall conduct comprehensive consultations with all relevant parties including District Councils, the local residents and Green Groups to solicit their views on the tree preservation/transplanting/felling proposal. Applications to fell any tree shall be sent to LandsD and accompanied by 2 copies of tree survey plan and tree schedule. The plan shall show the accurate location of trees, height, circumference of the trunk and tree spread. The schedule shall also indicate the same plus the tree species, conditions and photographs. The Consultants shall note that permission to remove trees should be sought at normally 12 months in advance so that there will be sufficient time for preparing the root system of any tree suitable for transplanting if required. 6.2.7 Traffic Review 22.214.171.124 The Consultants shall conduct a Traffic Review to review and ascertain the recommendations in the TIA Report under the MOS Study taking into account the changes to the original development proposals within Whitehead and Lok Wo Sha and to implement necessary traffic improvement measures in the detailed design. The requirements and methodology of the Assessment should be agreed with TD before its commencement. Page 36 Agreement No. CE 36/2012 (CE) 126.96.36.199 The Consultants shall devise appropriate temporary traffic diversion schemes and relevant traffic management measures, to the satisfaction of TD, the Traffic Police and DR, for the site investigation at the review phase and the various construction stages to minimize disruption to vehicular and pedestrian traffic within an acceptable level. The Consultants shall liaise and co-ordinate with all concerned parties who may plan to implement other works within or adjacent to the Project site area. 188.8.131.52 The Consultants shall liaise with TD, the Traffic Police, DR, HyD, other relevant Government departments and agencies, and all other parties involved in this and any other projects or developments likely to be affected by this Project. Any correspondence, notes or minutes arising from this liaison shall be copied to the DR. 184.108.40.206 The Consultants shall attend District Council and its Traffic and Transport Committee and/or any public consultation meetings, if necessary, to brief the Project and the related traffic impacts. Presentations of the Project to Sha Tin District Council and/or its Traffic & Transport Committee are required. 220.127.116.11 The Consultants shall submit a Traffic Review Report which shall include:- (a) an assessment with supporting calculations on the findings and recommendations in the TIA Report under the MOS Study taking into account the changes to the original development proposals within Whitehead and Lok Wo Sha and proposal for necessary traffic improvement measures in the detailed design; (b) an assessment and evaluation of the traffic impacts during the construction period; (c) derivation of temporary traffic measures; in the light of the forecast situations at the various critical construction stages and phasing of traffic diversion/lane closures and construction access arrangements with particular reference to the identified interfacing projects; (d) identification of interface problems with existing/imminent and proposed transportation, utilities and new development projects during the construction of the Project; (e) an implementation programme with administration procedures of all the temporary traffic measures for the various stages and phasing of the works, immediately prior to and during construction of the Project; and (f) assessment findings, conclusions, recommendations and mechanisms for implementation of the various temporary traffic management schemes. 6.2.8 Statutory Gazettal 18.104.22.168 The Consultants shall assist in the statutory gazettal and relevant consultations, answering public enquiries, resolving objections, ExCo Page 37 Agreement No. CE 36/2012 (CE) submission, obtaining authorization and any other administrative procedures necessary for enabling the implementation of the Project. The statutory gazettal includes but not limited to the minor amendment of the approved road scheme and the proposed footbridge under the Roads (Works, Use and Compensation) Ordinance and the proposed SPS and associated pumping mains/gravity sewers under the Roads (Works, Use and Compensation) Ordinance as applied by the Water Pollution Control (Sewerage) Regulations. 22.214.171.124 The Consultants shall plan for the statutory gazettal of the Project and the associated public consultations, such as District Council consultations, as early as possible. 126.96.36.199 The Consultants shall prepare public consultation materials including papers, drawings, PowerPoint presentation, etc. Public consultations for the enabling ordinances/regulations will take place at least at Sha Tin District Council. Public consultations may also take place at other relevant meetings/forums. The Consultants’ key staff shall attend the public consultations. 188.8.131.52 The Consultants shall prepare draft statutory gazettal documents, including schemes, drawings, gazette notices, press releases, internet versions of the drawings, etc in both Chinese and English, for circulation to relevant bureaux and departments, and provide adequate number of copies of the statutory gazettal documents in accordance with the requirements of the Project Administration Handbook. The Consultants shall be responsible for affixing the required documents at the works area and the subsequent removal. 184.108.40.206 The Consultants shall assist the DR in resolving objections received within the time frame given in CEDD TC No. 7/2007. If necessary, the Consultants will be required to propose suitable modifications to the gazetted scheme (both engineering scheme and land requirement plans) to meet the demands of the objectors, assess the implications of such modifications in terms of implementation programme, cost-effectiveness, traffic, marine traffic, engineering, environment, land, topography, geology, cultural heritage preservation, local views/objections, landscape and visual and construction, operation and maintenance aspects, for the consideration of the DR, amend the design of the Project to suit and make recommendations for submission to the ExCo for final decision. 220.127.116.11 The Consultants shall prepare and submit including subsequent amendments to incorporate comments, all plans, notices, and papers in English and Chinese as necessary for the DR in connection with the statutory gazettal matters, the acquisition and clearance of lands, and under the relevant Ordinances as well as necessary way leaves or rights of access for the proper Page 38 Agreement No. CE 36/2012 (CE) execution of the proposed construction works. Sufficient time shall be allowed, in programming the implementation of the proposed works, for the procedures under these Ordinances to be completed. 18.104.22.168 The Consultants shall note that statutory gazettal procedures may still proceed after commencement of the Design Phase. In this regard, the Consultants shall ensure that detailed design, drawings and tender documents are consistent with the statutory gazettal documents and their subsequent amendments. The Consultants are not entitled to any additional payment. 6.2.9 ACABAS Submission 22.214.171.124 Highways structures (including bridges and noise mitigation measures etc), and other associated structures may affect the aesthetic perception of road users and people living there. Taking into account the specialty and culture of each district, the Consultants shall provide architectural input to prepare the preliminary design of these structures with appropriate scale, character and finishes that are compatible with the locality and can blend into the local environment to the maximum extent possible. The Consultants shall ensure the preliminary design of all relevant highways and associated structures be agreed by ACABAS. Submissions to ACABAS shall be made as early as possible during the preliminary design stage. 6.2.10 Preliminary Design 126.96.36.199 The preliminary design shall cover the proposed road works, footbridge works, building and civil works, environmental mitigation measures, landscaping works, architectural works, electrical and mechanical engineering works for the proposed SPS, passenger lift for the proposed footbridge, and any other works deemed to be required for the satisfactory completion of the Project. 188.8.131.52 The Consultants shall prepare a Preliminary Design Report which shall include a set of drawings containing details at least to the usual degree of engineering accuracy such that detailed design and statutory gazettal plans may proceed therefrom. In addition, the Report shall contain conceptual structural design calculations showing the evaluation of the proposed structural arrangements and the determination of the key dimensions of structural elements. The set of drawings shall at least include: (a) General layout plans (1 : 1000 or more detailed scale as required); (b) Dimension plans for horizontal and vertical alignments which are referenced to the Hong Kong 1980 Grid System and Hong Kong Page 39 Agreement No. CE 36/2012 (CE) Principal Datum, including their softcopies in “MicroStation.dgn” format or other format as approved by the Director’s Representative; (c) Typical cross-sections and structural drawings for key elements; (d) Draft schemes, plans and documents for gazetting the Project under relevant Ordinances; (e) Existing and proposed utility drawings (1:1000 or more detailed scale as required); (f) Structural layout drawings (1:1000 or more detailed scale as required) showing the locations and general arrangements of the bridges and piers, retaining structures and other associated structures/works if any. (g) Landscape layout and sections with delineation of SIMAR slopes and new planting areas, if any, for maintenance of vegetation. 184.108.40.206 The Consultants shall assist the submission of the relevant part of preliminary design to authorities such as GEO for approval. 220.127.116.11 The Consultants shall note that the southern end of the proposed footbridge across Yiu Sha Road is to be supported by the piers/support being constructed in LWS-A Site development on STTL 581. The Consultant shall liaise with the Authorized Person and/or the developer of the LWS-A site development for the design of the proposed footbridge including allowable loading and details of the supports, etc. 18.104.22.168 The Consultants shall observe the requirements of consulting Rehabilitation Associations as stipulated in the PAH in delivering the project. Section 1.6.2 of Chapter 1 of the PAH stipulates that Rehabilitation Associations shall be consulted if the Project requires to gather and address the user’s views on facilities for the Disabled. Section 4.3.2 of Chapter 4 of the PAH specifies that the design proposal shall be circulated to the Sub-committee on Access, Recreation and Transport (SCART) under the Rehabilitation Advisory Committee for consultation purpose. 22.214.171.124 The Consultants shall review, assess and confirm the effectiveness of the proposed works of the Project, which shall include temporary works, and use their best endeavour to achieve a sustainable development of the Project. 6.2.11 Review of Preliminary Design 126.96.36.199 The Consultants shall assist the DR in the conduction of Review Committee meetings in accordance with Environment, Transport and Works Bureau Page 40 Agreement No. CE 36/2012 (CE) Technical Circular (Works) No. 19/2003 and CEDD Technical Circular No. 29/2004 to review the preliminary design before proceeding with the detailed design of the Works. 188.8.131.52 Whilst the Consultants shall attend meetings of the Review Committee to explain the reasons for the preliminary layout, they shall also be responsible to respond to queries raised at Design and Construction stage of the Assignment. 184.108.40.206 To suit the contract packing and implementation programme, review of preliminary design may be carried out in phases as required by the DR. 6.2.12 Environmental Permits 220.127.116.11 The proposed Yiu Sha Road widening is a designated project and an Environmental Permit (EP) shall be required in accordance with the EIAO. 18.104.22.168 The proposed SPS together with the existing Whitehead SPS are considered as contiguous SPS and to be treated as a designated project under Section 4(4) of the EIA Ordinance. In accordance with Section 4(5) of the EIA Ordinance, the Consultants shall confirm with DEP as to whether the proposed SPS and existing SPS are to be treated as designated projects. Subject to DEP’s confirmation, an Environmental Permit (EP) shall be required in accordance with the EIAO. 22.214.171.124 The Consultants shall prepare and submit to DEP a Project Profile(s) for the proposed Yiu Sha Road widening works and the proposed SPS based upon the findings and recommendation of the Environmental Review conducted under this Assignment and in accordance with the requirements in the Technical Memorandum on EIA Process and apply for direct application of an environmental permit(s) for the proposed Yiu Sha Road widening works and the proposed SPS. 126.96.36.199 The Consultants shall note that the Project Profile(s) should contain sufficient information for the DEP to decide whether the requirements for direct application for an environmental permit can be met. The Consultants shall liaise with DEP on drafting the Project Profile(s) and address any comments and suggestions from the DEP on the draft Project Profile(s). 188.8.131.52 In the case when direct application for environmental permit is not approved by DEP and he decides that a new EIA is also required in respect of the Project works, the Consultants shall review the implications on the Project programme and agree with the DR for a revised Project programme taking account of the appointment of independent consultants and the carrying out of a new EIA. The Consultants shall then prepare the Project Profile, obtain Page 41 Agreement No. CE 36/2012 (CE) the study brief, and work with and provide input to the independent consultant appointed by the Employer to conduct EIA with a view to obtaining approval to the EIA and the environmental permit(s). 6.2.13 Review Report 184.108.40.206 The Consultants shall prepare draft and final Review Report summarizing the findings of the Project review. The Consultants shall draw the DR’s attention as early as possible if significant amendment to the documents is likely to be recommended. Where the Consultants wish to propose refinements or modifications to the Project, these proposals, including all supporting information, investigations and findings, shall be submitted to the DR and relevant parties for consideration. Upon acceptance of the proposals, they shall be incorporated into the Review Report. 220.127.116.11 The Review Report shall specifically include, inter alias, the following sub-topical reports: (a) a summary of the findings in the review of the DIA Report in the MOS Study; (b) a summary of the findings in the Traffic Review; (c) the Executive Summary of the Environmental Review Report; (d) a summary of the findings in the review of the sewerage system; (e) a report on interfacing issues; (f) a schedule of the design works to be carried out in the Design Phase; (g) a recommended strategy for construction staging, packaging of construction contracts, and tendering; (h) a recommended strategy for site supervision; and (i) a summary of the findings of the Review Phase with recommendations so that the Director’s Representative can determine the scope of the Design Phase. 6.3 Design Phase 6.3.1 Basic Requirements 18.104.22.168 The Consultants shall not proceed with the detailed design of the Project unless and until they have received the written instruction of the DR. Before commencement of the detailed design, the Consultants shall propose and agree with the DR the scope of works to be carried out in the Design Phase. Upon commencement of the detailed design, the Consultants shall submit a Design Phase programme for the works contract showing the Page 42 Agreement No. CE 36/2012 (CE) critical activities and milestone/key dates for the agreement of the DR. The Consultants shall amend the Design Phase programme and reschedule the activities if so instructed by the DR. 22.214.171.124 The Consultants shall submit working programmes for the works contract within 1 month from the start of its Design Phase. Along with the working programme, an implementation strategy including the sequence of works, contract type, casting yard, plant & labour, temporary diversion of roads or marine facilities, etc required should also be prepared with their justifications. 126.96.36.199 The Consultants shall prepare detailed design, specifications, drawings, dimensions, sections, plans with such design data, design parameters and assumptions, calculations and other information as may be required by the DR for the purpose of the works contract and circulate the aforementioned to all the concerned parties for comments and agreements. In particular, the design shall take into account method of construction and plant likely to be available economically in the market. Quality Control and Environmental Management clauses shall be included in specification for works, where appropriate. 188.8.131.52 The Consultants shall recommend the contract type, contract period, the provisions for extension of time, payment method, conditions of contract, RSS establishment, works area, etc for the approval of the DR as early as possible. 184.108.40.206 The Consultants shall provide necessary information including updated drawings, photomontages, estimates, expenditure forecast and programmes and assist the DR to conduct public consultation/engagement and prepare submissions for obtaining funds and authorities for proceeding with the tender and construction phases of the works contract. 220.127.116.11 The Consultants shall also identify and advise the DR the need of advance ordering and purchasing of materials, plant, baseline survey, etc necessary for the construction of the works but not supplied under the contracts for the works. The Consultants shall prepare all necessary bills of quantities, schedules, documents and drawings for the placement of orders by the DR and assist the DR in the placement of the orders. 18.104.22.168 The Consultants shall prepare and submit to relevant management and maintenance authorities the design documents, data files, and management / operation / maintenance manuals they require for taking over the completed works. 22.214.171.124 The Consultants shall also liaise with relevant utility undertakers regarding their proposed laying of new services in advance of or in conjunction with the Page 43 Agreement No. CE 36/2012 (CE) Project for meeting the tentative programme or its updated versions 126.96.36.199 The Consultants shall plan and design the provisions for preventing trespasses, illegal occupation and dumping at the work sites and work areas, taking into consideration the phased completion and handing-over requirements. Agreements to these provisions shall be sought from relevant Government departments. 6.3.2 Consultation & Liaison 188.8.131.52 The Consultants shall identify, circulate, liaise directly and obtain the agreement of relevant Government departments and maintenance / operation authorities with respect to the detailed design, drawings and specifications, and maintenance issues of the proposed works. In circulating the contract works drawings / specifications for comments and / or agreements, the Consultants shall state in the circulation letters which sections or portions of the works are not designed in accordance with current Government standards together with full explanation and justification for such deviations from the standards. The Consultants shall prepare summary reports on the detailed design and contract works drawings / specifications which shall include comments received, actions taken by the Consultants, final agreements reached and any deviations from current Government standards. 184.108.40.206 The Consultants shall identify maintenance / management parties of various works elements and prepare the maintenance / management schedule showing the agreed maintenance / management parties of individual works elements with summaries of responses to comments and reference of relevant agreements. The Consultants shall take cognisance the requirements of hand over of the works completed in phases, partial handover of completed permanent or temporary works. 220.127.116.11 The Consultants shall liaise with private developers, their agencies/consultants as well as any other concerned parties on matters related to the Project, including details of design, programme, and construction interface between the Project and the relevant adjoining projects or facilities. The Consultants shall review in detail the interface issues in relation to such other projects and facilities, either existing, proposed or under construction and device the most appropriate solutions and arrangements, which shall be agreed with the proponents or owners of the interfacing projects and/or facilities. 6.3.3 Design Memorandum 18.104.22.168 The Consultants shall prepare a Design Memorandum for the detailed design of the Project and the functional requirements of the end products, for the agreement of Government departments/offices, stating the scope and Page 44 Agreement No. CE 36/2012 (CE) functions of the works, the designed capacity, the minimum acceptable design standards to be adopted for the various elements of the works, and the design approval and checking procedures to be used. 22.214.171.124 The Consultants shall circulate the draft Design Memorandum to relevant departments for comment. The final Design Memorandum shall be revised as necessary throughout the course of the Assignment. 6.3.4 Drainage and Sewerage Works 126.96.36.199 In general, the Consultants shall follow the guidelines in the Sewerage Manual and the Stormwater Drainage for the design of the drainage and sewerage works. The Consultants shall consult DSD on design parameters, handing over conditions/ requirements and obtain agreement from DSD to the Design Memorandum on the design of the sewerage and drainage systems including the proposed sewage pumping station and the associated pumping mains. The design calculations, drawings and contract specifications shall be submitted to DSD prior to tendering. The Consultants shall assist to apply for Government Land Allocation for the site of proposed sewage pumping station in accordance with the relevant procedures specified by LandsD. 188.8.131.52 The Consultants shall be responsible for design of the measures to mitigate drainage impacts as recommended in the previous DIA of the MOS Study in relation to this Project and any additional recommendations given in the Review Phase, including a programme to monitor and control the drainage impacts of construction activities to be incorporated into the contract documents, for the agreement of DSD. 184.108.40.206 The Consultants shall identify the projected build-up of sewage flow and the risks that the rate of flow may not build up as expected in the design memorandum and include appropriate mitigation measures in the design and the contract specifications to tackle the flow problems. The Consultants shall also address other details including, inter alia, facilities for control of odour and septicity; and temporary facilities to allow for full testing of the hydraulics and E&M equipment in a sewerage installation under a simulated full-flow condition. 220.127.116.11 The Consultants shall be responsible for the design of the electrical and mechanical works, including the sewage pump installation and building services works for the proposed sewage pumping station. The Consultants shall employ sufficiently qualified staff with relevant experience in the design, operation and maintenance of E&M works for sewerage facilities throughout the course of the Project. The Consultants shall consult and agree with DSD the proposed design parameters for the proposed sewage pumping station and associated pumping mains. The Consultant shall also consult EMSD and Page 45 Agreement No. CE 36/2012 (CE) ArchSD for review on the potential application of energy efficient features and renewable energy technologies in accordance with ETWB TC(W) No. 16/2005. 18.104.22.168 The Consultants shall design the aesthetic features of the proposed sewage pumping station in accordance with the recommendations of the environmental review conducted under this Assignment if applicable. The Consultants shall submit the aesthetic design proposal of the proposed sewage pumping station building to Vetting Committee on Aesthetic Design of Pumping Station Buildings for vetting in accordance with DSD Technical Circular No. 9/2006. The Consultants shall prepare the necessary submissions to ArchSD in accordance with ETWB TC(W) No. 8/2005. 6.3.5 Roadworks & Traffic 22.214.171.124 The Consultants shall carry out detailed design of roadworks and necessary reinstatement of the affected roads / streets upon completion of the footbridge works. The Consultants shall carry out the design of the road infrastructure in accordance with Transport Planning and Design Manual, HyD’s Structures Design Manual for Highways and Railways / or other relevant standards. For electrical and mechanical works associated with the above works, the Consultants shall carry out the design in accordance with the prevailing standards and to the satisfaction of HyD and EMSD. 126.96.36.199 The Consultants shall design temporary and permanent traffic management measures including traffic signal schemes necessary for implementing at the Construction Phases. 188.8.131.52 The Consultants shall design the temporary traffic arrangement (TTA) schemes and seek agreement of relevant parties including District Councils and the members of the Traffic Management Liaison Group comprising but not limited to the TD, HKPF, HyD, FSD, HAD and franchised bus companies. 184.108.40.206 The Correctional Services Department’s products should be used in the roadworks as far as possible. 6.3.6 Footbridge and Lift 220.127.116.11 As a general requirement, the proposed footbridge structure shall be designed in accordance with HyD’s Structures Design Manual for Highways and Railways and / or other relevant standards. 18.104.22.168 The Consultants shall note that the southern end of the proposed footbridge across Yiu Sha Road is to be supported by the piers/support being constructed in LWS-A Site development. The Consultant shall liaise with the Page 46 Agreement No. CE 36/2012 (CE) Authorized Person and/or the developer of the LWS-A site development on STTL 581 for the design of the proposed footbridge including allowable loading and details of the supports, etc. The Consultants shall also be responsible for providing technical information such as loading, dimensions and connection requirements to facilitate the design of other projects and developments. 22.214.171.124 The Consultants shall be responsible for the detailed design of electrical and mechanical works including the passenger lift and lighting to the proposed footbridge. 126.96.36.199 The Consultants shall be responsible for the detailed design of planting and associated planter and irrigation systems required for the proposed footbridge. The Consultants shall consult LCSD on the detailed design of plantings, associated planters and the irrigation system required for the footbridge. LCSD will be responsible for the horticultural maintenance of the plantings. Proper safe access / working space should be provided for the LCSD’s working staff to carry out horticultural maintenance operations on the footbridge. A 12-month satisfactory establishment period for the plantings is required if the plantings are handed over to LCSD for horticultural maintenance. 6.3.7 Landscape works 188.8.131.52 The Consultants shall prepare detailed landscaping and streetscape design. The landscape designs shall include, but not limiting to, details on any green planting, tree preservation, felling, transplanting, proposal. The streetscape design shall include, but not limiting to, footpath paving, street furniture and street lighting. The proposals shall be submitted and approved by relevant government departments. The Consultants shall liaise closely with the Landscape Section of LCSD, HyD and other concerned government departments. 184.108.40.206 The soft landscape proposal shall incorporate a detailed compensatory planting proposal and the transplanted trees if necessary. This detailed compensatory planting proposal shall be developed from the agreed Landscape Master Plan and shall be further agreed by the DR and the appropriate planning, management and maintenance authorities. The Consultants shall also follow the requirements specified in ETWB TCW No. 34/2003 regarding community involvement in greening works. 220.127.116.11 The Consultants shall make sufficient and appropriate provisions of irrigation / watering for the landscape softworks (e.g. water point provisions) and carry out the corresponding design. Such provisions shall be agreed by the relevant management and maintenance departments. Page 47 Agreement No. CE 36/2012 (CE) 18.104.22.168 The Consultants shall work out a maintenance schedule, which shall be agreed by relevant departments, delineating the management and maintenance responsibilities of the proposed landscape works and features as well as the irrigation system. 6.3.8 Utilities 22.214.171.124 The Consultants shall closely liaise and co-ordinate with all utility undertakers and relevant government departments / parties to drive for advance and timely planning, laying and connection of all required utilities / services to tie-in with the timely commissioning of the Project. 126.96.36.199 The Consultants shall identify all existing, planned or proposed utilities, facilities, services and installations which, will be affected by or will be installed in conjunction with the Project and recommend any plans for installation / diversion and any provisions for accommodating these utilities, facilities, services and installations in conjunction with the Project. 188.8.131.52 The Consultants shall consult, liaise and meet with other Government departments, utility undertakings and other authorities, bodies, consultants, developers or persons on matters related to the Project and obtain their requirements, comments, agreements and approvals where necessary. The co-ordination of all works in respect of utilities and other services rendered necessary as a result of the Project shall also be the responsibility of the Consultants. 184.108.40.206 The Consultants shall prepare electronic utility layout plans in accordance with ETWB TC No. 7/2003. 6.3.9 Environmental Issues 220.127.116.11 The Consultants shall carry out detailed design of the environmental mitigation measures as recommended in the approved EIA in the MOS Study and also any mitigation measures as recommended in the Environmental Review Report completed under this Assignment in relation to the proposed works under this Project for the agreement of DEP. 18.104.22.168 The Consultants shall minimize the generation of C&D materials and maximize the reuse of inert C&D materials in the works of all contracts. If surplus C&D materials are inevitable, the Consultants shall liaise with EPD and the Public Fill Committee (PFC) in respect of the disposal requirements and determine the most appropriate means of disposal of the contaminated and uncontaminated materials and any remediation measures and post-remediation monitoring. The Consultants shall prepare a topic report on the proposed C&D materials management plan (C&DMMP) for the Page 48 Agreement No. CE 36/2012 (CE) Project including programme of generation and consumption of inert C&D materials. 22.214.171.124 The Consultants shall incorporate the requirements of waste management plan in all works contracts. 126.96.36.199 The Consultants shall prepare environmental requirements specification stating clearly the responsibility of the contractor so that the adverse environmental impacts on noise, air and water quality can be reduced to the minimum. 188.8.131.52 The Consultants shall conduct necessary measurements to establish the correct baseline measurements and compliance levels for drainage monitoring if required after review of the DIA of the MOS Study during the Review Phase. 6.3.10 Geo-technical Works and Submission 184.108.40.206 The Consultants shall engage a suitably experienced professional qualified geotechnical engineer, such as a Registered Professional Engineer (Geotechnical) to coordinate geotechnical submissions to GEO. He should be responsible for reviewing and identifying the scope of geotechnical works that will require submission to GEO under the various ETWB circulars, for seeking agreement with GEO on the schedule of deliverables and the programme for submissions, ensuring that all necessary submissions are made to and agreed by GEO in a timely manner. 220.127.116.11 The Consultants shall consult GEO on all matters relating to registration of new or modified slope features under WBTC No. 9/2000, designs and construction of permanent slopes and retaining walls under ETWB TCW No. 29/2002, checking certificates for slopes and retaining walls under ETWB TCW No. 20/2004. 18.104.22.168 The Consultants shall make submissions to GEO on matters relating to registration of new or modified slope features under WBTC No. 9/2000, designs and construction of permanent slopes and retaining walls under ETWB TCW No. 29/2002 and checking certificates for slopes and retaining walls under ETWB TCW No. 20/2004. 6.3.11 Particular Provisions in Contracts & Documentation 22.214.171.124 The Consultants shall prepare the tender documents including Conditions of Tenders, Conditions of Contracts, Drawings, Specifications, Bills of Quantities, Schedule of Rates and a revised estimate of cost together with all Page 49 Agreement No. CE 36/2012 (CE) documents, matters or things that may be necessary or required to enable the Employer to invite tenders for the works contract. The Consultants shall supply the required copies of draft and finalized tender documents to the DR for the works contract. 126.96.36.199 The Consultants shall prepare detailed estimates of the cost of the Project (both capital and recurrent cost) and expenditure pattern and overall financial implications including cash flow projection and detailed breakdown of the estimates using risk analysis technique, and update the estimates and/ or as required by the DR during the course of the Assignment. In addition, The Consultants shall perform Systematic Risk Management for the Project in accordance with ETWB TCW No. 6/2005 & 7/2005 and ETWB Risk Management User Manual. The Consultants shall also prepare submissions to Committee on Project Estimate, CEDD (COPE), or similar committee, on project and pre-tender estimate of the works contract and obtain agreement to the estimates in accordance with CEDD Technical Circulars. 188.8.131.52 The Consultants shall, as far as possible, adopt the standard Government contract documents in particular the Government’s contemporary version of Conditions of Contract, Special Conditions of Contract, Conditions of Tender, Form of Tender, Special Conditions of Tender, Standard Drawings, Specifications, Bill of Quantities and Schedule of Rates being maintained in the library or prevalently used by the Employer. In case any non-standard Special Conditions of Contract is deemed necessary, the Consultants shall recommend and provide justifications to the DR for approval. The Consultants shall make due allowance in their programme to obtain such approval. 184.108.40.206 The Consultants shall submit any revisions to established technical specifications for comments and approval by the DR and those Government departments who will occupy, operate and/or maintain the completed works. 220.127.116.11 Engineer’s temporary accommodation to be provided under the works contracts may be shared by the RSS for other contracts. The Consultants shall incorporate suitable provision in relevant works contracts as advised by the DR. 18.104.22.168 Regarding the computer facilities including software for works contracts, the Consultants might be allowed to acquire computer facilities via works contracts provided that the purposes of such facilities are solely for the supervision of the Project. The Consultants shall justify the necessity of the facilities along the cost estimate for the approval by the DR and exercise their best endeavour to prevent any use of unauthorized or pirated software. Page 50 Agreement No. CE 36/2012 (CE) 22.214.171.124 The Consultants shall include clear provisions in the tender documents regarding the requirements for mitigation of environmental, drainage and traffic impacts. The contractors shall also be required to properly manage the execution of works in respect of safety, hygiene, nuisance and housekeeping. 126.96.36.199 The Consultants shall incorporate appropriate provisions in the tender documents to require the contractors to observe the relevant requirements and conditions of the Environmental Permit(s) issued for the Project. The tender documents shall also require the contractors to take note of the environmental monitoring and audit that will be carried out by the independent Environmental Team and Independent Environmental Checker appointed by the Employer in accordance with the requirements of the EM&A Manuals supplemental to the approved Environmental Review Report and/or approved EIA reports. 188.8.131.52 The Consultants shall prepare and submit RSS establishment and manual for each works contract for the DR’s approval. Also, the Consultants shall assist the DR in preparing overall RSS cost estimate of the Project for each year to facilitate approval by the relevant authority/committee. 6.3.12 Environmental Permit 184.108.40.206 The Consultants shall be responsible for coordinating all matters regarding the EIAP for the Project. The Consultants shall carry out the necessary tasks and assist the Employer to obtain the environmental permit(s) for the proposed Yiu Sha Road widening works and the proposed SPS prior to the commencement of construction. 220.127.116.11 Pursuant to Clause 18.104.22.168, the Consultants shall prepared and submit to DEP Project Profile(s) and assist the Employer to apply to DEP for approval to apply directly of an environmental permit(s) for the proposed Yiu Sha Road widening works and the proposed SPS. If DEP disapproves the direct application for environment permit(s) and considers that a new EIA is required in respect of part of the Project works, the Consultants shall agree with the DR the time to be allowed for the new EIA Study by the independent consultant and shall also make allowances in the Project programme for the time required by the Employer to procure the EIA study consultancy and the DEP to approve the EIA report. 22.214.171.124 Upon confirmation from the DR that a new EIA is to be conducted in respect of part of the Project Works, the Consultants shall prepare the Project Profile and assist the Employer to apply for a study brief for the proposed EIA from the DEP. The Consultants shall then work with and provide input to the independent consultant appointed by the Employer to conduct EIA with a view to obtaining approval to completing and obtaining approval to the EIA report and the associated EM&A Manual according to the agreed revised Page 51 Agreement No. CE 36/2012 (CE) Project Programme and assist the Employer in obtaining the environmental permit(s) for the Project works. The Consultants shall liaise closely with the EIA study consultant and incorporate the recommended mitigation measures in the approved EIA and relevant conditions and requirements of the EPs in the design of the works. 6.3.13 Quality Site Supervision Plan (QSSP) The Consultants shall prepare and submit a QSSP for each works contract in line with the strategy of site supervision recommended in the Review Phase, which shall include, but not limited to, the following details: (a) A detailed site supervision arrangement, including arrangements for supervision of construction activities that are required to be carried out outside the normal working hours of the Resident Site Staff; (b) A list of critical construction activities and structural elements that require special attention together with the associated supervision requirements for such items, where appropriate the level of supervision and the rank of staff who should perform the supervision of such items and/or sign the Request for Inspection Form (or a purposely made inspection form for a particular activity or test); (c) If necessary, the Consultants shall also specify any critical construction activities, structural elements and particular aspects or details that should be noted by the inspection officer on the Request for Inspection Form for future reference; (d) A guideline on the details of inspection to be recorded for specialist works or critical elements; and (e) In case it is envisaged that construction or fabrication works will be carried out outside Hong Kong, the Consultants shall formulate supervision requirements and inspection arrangement for such works. The Consultants shall also prepare comprehensive guidelines to be followed by the Resident Site Staff who need to conduct inspection visits outside Hong Kong. The guideline shall include the three minimum requirements as given below. (i) In the event that production activities in a works contract are undertaken outside Hong Kong, the supervisory staff conducting inspections on the production sites outside Hong Kong shall, to the best of their knowledge, declare to the Engineer for the contract if the main contractor, the sub-contractor for the production activities, or any of their employees is his spouse, family member, or close relatives. Page 52 Agreement No. CE 36/2012 (CE) (ii) Such inspection visits shall also be subject to the approval of the Consultants. Where the contractor makes arrangement for transportation, accommodation and entertainment including meals, such arrangement shall be agreed to by the Engineer for the contract beforehand. Other than the agreed arrangement, supervisory staff shall not be allowed to receive any form of hospitality or entertainment from the contractor during such inspection visits. (iii) Should the supervisory staff incur reimbursement expenses in the course of inspection, all claims for reimbursement should all be made to the Consultants in accordance with the prevailing rules and regulations for such. The Consultants will in turn seek reimbursement from the contractor where applicable. Under no circumstances should all the staff seek reimbursement direct from the contractor. 6.3.14 Completion of Design On completion of the detailed design of the construction contract, the Consultants shall submit full sets of design calculations accompanied with Check / Design Certificate to the DR. Where necessary, the Consultants shall also update and revise the Design Memorandum to incorporate any changes for submission to DR. 6.3.15 The Consultants shall prepare and submit a Design Report for each of the construction contracts to the DR covering all aspects of the Design Phase for that construction contract. The Design Report shall specifically include, inter alias, the following sub-topical reports: (a) A summary of changes since the completion of the Review Phase; (b) An updated Design Memorandum; (c) The management and maintenance schedule for works in the construction contract; (d) Updated construction packaging and tendering strategy for the remaining works not covered by the construction contract; (e) Updated cost estimate of the construction contract; (f) Updated construction programme of the construction contract; (g) A summary of findings of the Design Phase with recommendations for the DR to determine the scope of the Tender Phase; and (h) A Quality Site Supervision Plan in accordance with Clause 6.3.13. 6.4 Tender Phase 6.4.1 The Consultants shall not proceed with the Services under this Phase until instructed in writing by the DR. No expenditure under this Phase shall be Page 53 Agreement No. CE 36/2012 (CE) incurred without the prior agreement of the DR. Upon the instruction from the DR, the Consultants shall carry out the Services as detailed in this Phase. Where necessary, the Consultants shall prepare any briefing notes, updated estimates for the works contract and provide all necessary assistance to enable the DR to obtain authority to proceed with them. 6.4.2 The Consultants shall prepare and submit to the DR a Pre-tender Estimate for the construction contract and an Engineer’s Estimate of the total cost of the Project prior to the invitation of tenders for any construction contract. Where the assignment comprises several construction contracts, the Engineer’s Estimate shall be updated on completion of each successive set of tender documents. 6.4.3 The Consultants shall recommend the List(s) of Public Works Contractors eligible for tendering. 6.4.4 The Consultants shall note the requirements for the contractors and tenderers in respect of the requirements for the ISO 9000 certificate when preparing the tender documents. 6.4.5 The Consultants shall certify the tender documents & drawings of “tender” status and the associated construction programme prior to submitting to the DR for approval. All drawings supplied under this sub-clause shall have been signed by the designer and checker and also signed as approved by the Project Director. In connection with Clause SCE11 – Approval of Documents of the Special Conditions of Employment, any major revisions to the approved documents shall be submitted to the DR for approval before dissemination. 6.4.6 The Consultants shall provide sufficient copies of the tender documents, and where appropriate works orders, and associated documents for each works contract or works order in hard copies and electronic dissemination package to the interested parties for collection. 6.4.7 The Consultants shall assist the DR in calling tenders for the works contracts in accordance with ETWB TCW No. 33/2004, by undertaking inter alia the following:- distributing tender documents, holding pre-tender meeting, answering queries on tender documents, issuing tender addenda and carrying out pre-tender site briefings where necessary. Tender addenda shall be approved by the DR before dissemination. 6.4.8 The Consultants shall note the requirements on design and alternative design by tenderers and be responsible for assessing the feasibility of any alternative tenders submitted. The Consultants shall advise on the acceptability of the alternative tenders. Page 54 Agreement No. CE 36/2012 (CE) 6.4.9 The Consultants shall assess the tenders obtained, advising on the selection of a tender for acceptance and prepare the tender assessment / recommendation report including obtaining any clarification or confirmation from tenderers, evaluating alternative tender offers, answering queries from Tender Boards and assisting the Employer in negotiating with the tenderers. The Consultants shall submit the tender assessment reports for the DR’s endorsement with a view to submitting the tender reports to the appropriate tender board within 3 (three) weeks from the tender closing date. The Consultants shall observe the requirements in respect of avoiding conflict of interest in assessing tender submissions. In particular, the Consultants shall incorporate a statement about avoidance of conflict of interest into the assessment report. 6.4.10 The Consultants shall provide advice as may be required by the DR up to the acceptance of the preferred tender and Contract award and assist the DR to seek approval from the relevant tender board on the acceptance of recommended tender. 6.4.11 The Consultants shall be responsible for informing all the unsuccessful tenderers of their individual results after acceptance of the assessment report by the Central Tender Board or other appropriate tender boards. The Consultants shall also assist the DR to provide feedback including holding post-tender meetings and debriefing to unsuccessful bidders in accordance with ETWB TCW No. 42/2002. 6.4.12 The Consultants shall recruit Resident Site Staff as required. The Consultants shall consult the DR with regard to the establishment of the RSS as well as their suitability prior to appointment. Before recruitment, the Consultants shall obtain prior consent from the DR to ensure that funds are available for the RSS costs. The Consultants shall seek the DR’s prior approval on the advertising cost for the recruitment of RSS. 6.5 Construction Phase 6.5.1 General The Consultants shall not proceed with the Services under this Phase until instructed in writing by the DR. No expenditure under this Phase shall be incurred without the prior agreement of the DR. 6.5.2 Execution of the Articles of Agreement 126.96.36.199 The Consultants shall firm up the list of correspondence which are necessary to form part of the contract. The contractors’ written agreement on the list of correspondence forming part of the contract shall be sought and copied to Page 55 Agreement No. CE 36/2012 (CE) the DR. 188.8.131.52 The Consultants shall prepare and provide contract documents including the drawings of “contract” status for purpose of executing the Articles of Agreement. 184.108.40.206 The Consultants shall prepare at least 4 (four) sets of documents for the Employer to execute the Articles of Agreement. The original set shall contain originals of all the correspondence forming part of the contract including the letter of acceptance. The duplicate set shall be delivered to the contractors for their retention and the contractors’ acknowledgement letter shall be sought and copied to the Employer. The DR shall retain the triplicate set whereas the quadruplicate set shall be kept by the Consultants for the production of certified true copies of the documents as required. 220.127.116.11 The Consultants shall prepare publicity materials for the contract signing ceremony and press release where directed by the DR. 6.5.3 Contract Administration & Management 18.104.22.168 The Consultants shall carry out the duties of the Engineer under the terms of the contracts and as detailed in the PAH for the works contract which shall be deemed to include the co-ordinating of works carried out by public utility companies and water supply and other authorities, Government departments, bodies or persons for or in connection with or necessitated by the Assignment. The Consultants shall administer the works contract including timely dealing with claims, negotiating rates for variations and issuing variation orders, and appoint Engineer’s Representative on site for carrying out day-to-day supervision of the works. 22.214.171.124 The Consultants shall submit detailed cost estimates and expenditure forecast of the contract with detailed breakdown to the DR to facilitate the Employer in budgeting exercises and funding applications according to Clause 10 of this Brief. 126.96.36.199 The Consultants shall report on any difficulties experienced during construction and the suitability of an alternative construction method for similar works elsewhere within and outside Hong Kong. 188.8.131.52 The Consultants shall be responsible for assessing feasibility, checking details of alternative design submitted by contractors, making recommendation and preparing supplemental agreements for acceptance of contractor’s alternative design by the Employer. For E&M works, the Consultants shall pay special attention to contractors’ proposals for alternative designs or changes to specifications in part of the works which may lead to the E&M works as a whole becoming unsafe, unreliable or inefficient to operate Page 56 Agreement No. CE 36/2012 (CE) and maintain. To avoid this, integrated checking and monitoring of the E&M design throughout the contract is essential and must be undertaken by experienced staff of the appropriate discipline. 184.108.40.206 The Consultants are to observe the timing and submission requirements of the monthly wage returns for construction contracts and other statistical returns as required by the DR and various DEVB TCs to the Census & Statistics Department, the Employer and other departments. 220.127.116.11 According to Clause SCE12 – Referral of Variations and Claims of the Special Conditions of Employment, the Consultants shall report to the DR all claims for additional payment by the contractors and refer the principles underlying their assessment of each claim to enable the Employer to provide his view. 18.104.22.168 According to Clause SCE12 of the Special Conditions of Employment, the Consultants shall report to the DR any delay and refer the principles underlying their assessment on extension of time for completion to enable the Employer to provide his view. 22.214.171.124 The Consultants shall prepare the Contractors' performance report and performance index and provide sufficient supporting evidence for substantiating the report. 126.96.36.199 The Consultants shall give at least three months’ notice to the DR of the intention to issue to a contractor a completion or taking-over certificate for the whole or part of the contract works under any works contracts. Before issuing the completion certificate, the Consultants shall arrange a joint inspection for the purpose of handing over the completed works to Government with representatives of the DR and the relevant operation and maintenance departments. The Consultants shall provide, at least three weeks prior to this inspection, information, instructions, calculations and drawings as necessary for the operation and maintenance of the contract works and utilities. A set of construction drawings and two copies of a general layout plan should also be provided. In addition, the Consultants shall ensure timely preparation/submission of pre-requisites (e.g. GEO registration, as built drawings, maintenance manuals, etc.) to enable timely agreement and handing over of completed works to others. The Consultants shall devise a handing over plan, with flexibility of phased handing over (or opening to public) of the completed works (including plan for temporary maintenance of completed works if necessary) for agreement by the maintenance authorities for the handover of the completed works. 188.8.131.52 The Consultants shall also carry out all other duties and tasks necessary for the satisfactory completion of all sections of works under the works contracts including but not limited to the following : Page 57 Agreement No. CE 36/2012 (CE) (a) prepare all revisions to the designs prepared in the Design Phase, further designs, drawings, bill of quantities, schedules, estimates and related things necessary for the completion of the contract works; (b) prepare progress reports and estimates of expenditure for the works contracts and attend meetings on monthly basis or as required during the progress of the contract works; (c) prepare information or consultation papers for submission and presentation to LegCo, District Councils; (d) advise on, arrange where necessary and direct the inspection and testing of materials and plant supplied for the contract works; (e) check and liaise with relevant Government departments on the actual traffic diversion and management proposals made by the contractors. The Consultants shall also liaise with various utility undertakers regarding their relocation/reprovisioning and laying of apparatus in conjunction with the contract works; (f) submit timely any major revisions to approved design and/or technical specifications of the contract works, through the DR, for comments and approval to those Government departments that will occupy, operate and/or maintain the completed contract works; (g) if so required by the DR, reporting on difficulties experienced during construction and the suitability of the type of construction for similar works elsewhere in Hong Kong; (h) ensure that contractors for any works contract on the supply and installation of either electrical and mechanical equipment or traffic control and surveillance equipment will supply a full set of installation drawings and manuals as soon as practicable during the works contract; (i) agree with EMSD and any other departments regarding testing procedures for site acceptance tests of electrical and mechanical equipment, supplied as part of the Project, prior to the tests being carried out. Such tests shall, wherever possible, be carried out in the presence of representatives of the relevant departments; (j) assist in settling disputes or differences between the Employer and contractors except mediation, litigation, adjudication and arbitration for which the Consultants shall assist by providing all the necessary data and information; and Page 58 Agreement No. CE 36/2012 (CE) (k) prepare “as-constructed” film drawings immediately as and when the respective parts of the contract works have been completed. 6.5.4 Supervision 184.108.40.206 The Consultants shall be responsible for the supervision and directing the execution of all the works contracts and appointment & management of Resident Site Staff (RSS). The Consultants shall propose and submit for the DR’s agreement the RSS establishment necessary for the site supervision works. The Consultants shall prepare and submit to the DR a RSS Manual giving details on authorities, duties, responsibilities and contract management and works supervision procedures for the guidance of all grades of the site establishment. The Consultants shall observe that the appointment of RSS for site supervision of works contracts does not absolve the Consultants’ eventual responsibilities in contract administration and financial control. 220.127.116.11 The Consultants shall agree with relevant departments, such as CEDD, EMSD, HyD, and TD, on the procedures for site acceptance tests of E&M equipment, supplied under the contracts and those works to be handed over to them, prior to the tests being carried out. Such tests shall, where possible, be carried out in the presence of representatives of these departments. 18.104.22.168 The Consultants shall closely monitor the progress of the works and report to the DR any adverse impact to the programme, quality and cost of the works. The Consultants shall recommend options for any necessary remedy to mitigate the impacts arisen including the associated cost of the options and the effects on the completion of the contract. 22.214.171.124 The Consultants shall ensure that any notifiable accidents occurred in the sites are reported in accordance with CEDD TC No. 3/2008. 126.96.36.199 The Consultants shall be required to report and provide input to the DR on emergency incidents. The Consultants shall also be responsible for arranging the execution of necessary emergency actions to be undertaken on site in case of occurrence of natural disaster. 188.8.131.52 The Consultants shall also supervise the works under this Project which are to be carried out by the CEDD term contractors. 184.108.40.206 Without prejudice to Clause 14 of the General Conditions of Employment, the Consultants including RSS on site shall provide assistance and facilities to the following CEDD staff for carrying out their duties under their ambits:- Page 59 Agreement No. CE 36/2012 (CE) (a) Contract Adviser for conducting technical audits of works contracts. (b) Construction Works Quality Audit Team for conducting audits for prevention of substandard construction works. (c) Safety and Environmental Adviser for conducting site safety inspection and audits. (d) Project Engineers for conducting environmental checking/auditing. (e) Audit teams for conducting quality management system and/or environmental management system audits under CEDD’s Integrated Management System. (f) Site visits by the DR and/or his staff. 220.127.116.11 The Consultants shall engage suitably qualified and experienced geotechnical supervision personnel to supervise the geotechnical works (including associated temporary works, the construction of which could pose significant risk to public life and property) and the related construction activities and the ground investigation under the contracts. 18.104.22.168 The Consultants shall provide training and refresher courses to the RSS. The Consultants shall also identify special training requirement regarding the supervision of critical construction activities and critical structural elements and provide the necessary training to the RSS. 22.214.171.124 The Consultants shall, at the commencement of works, review the QSSP (against the activities described by the contractor in his quality plan prior to the execution of works), and conduct regular reviews of the QSSP with the RSS subsequently, and as the need arises, and make necessary updating and modification in order to suit the actual circumstances, and the Consultants shall report in the progress reports the status of implementing the QSSP and any major modifications to it as a result of a review. The Consultants shall submit a revised QSSP to the DR if there is a major revision and as requested by the DR. 126.96.36.199 The Consultants shall be responsible for dealing (including drafting and providing responses, both in Chinese and English) and liaison with the public, utility undertakers and relevant parties on issues and any complaints received during the implementation of the Project. The Consultants shall engage a liaison officer to carry out the Services and duties in this Brief during the Construction Phase of the Project. The liaison officer shall be responsible for liaising with the public, utility companies, Government departments etc on the Project including, inter-alia, preparing and providing reply and response, both in Chinese and English, to all complaints and Page 60 Agreement No. CE 36/2012 (CE) enquiries by members of the public, District Councils, local organisations, and the like regarding the Works of the Project. The liaison officer shall be competent and possess an acceptable degrees with at least 5 years post-qualification experience including three years relevant experience in coordinating works with interfacing projects, utility undertakings, Government departments etc. The liaison officer shall also be responsible for liaison with the public including but not limited to the shop owners, relevant residents, estate management agents, schools, Incorporate Owners of different buildings, complainants etc. in connection with the execution of the Works. He shall be available for this purpose when necessary. For avoidance of doubt, the liaison officer shall be part of the Consultants’ head office setup and not an RSS member. 6.5.5 Environmental Monitoring 188.8.131.52 The Consultants shall supervise and direct the execution of the Works, including the monitoring of drainage and traffic impacts of the construction activities and taking appropriate actions to control and mitigate such impacts as necessary. While the formal monitoring and audit of the environmental impacts of the construction activities in accordance with the EM&A Manual will be carried out by teams to be appointed separately by the Employer independent of the Consultants and the RSS, the Consultants shall closely monitor and supervise the construction works to ensure that the conditions of the Environmental Permit(s) are complied with. The Consultants shall also ensure that the contractors shall properly manage the execution of works in respect of safety, hygiene, nuisance and housekeeping. 6.5.6 Excavation Permits (XPs) 184.108.40.206 The Consultants shall nominate a professional acceptable to the Employer to be named as the contact person of the Employer in applications for XPs and, where applicable, emergency XPs pursuant to the requirements of the Land (Miscellaneous Provisions) Ordinance, Cap 28. 220.127.116.11 (a) The Consultants shall carry out all duties imposed upon the Employer under the Land (Miscellaneous Provisions) Ordinance, Cap 28 or under the conditions of the XP and, where applicable, emergency XPs in so far as such duties have not been imposed only on the Contractor under the Ordinance or under the Contract. (b) Notwithstanding sub-clause (a) above, the Consultants shall not be liable to the Employer in respect of the obligations stipulated under the following conditions of the XPs and, where applicable, emergency XPs: (i) the condition stipulated in the XPs and, where applicable, the Page 61 Agreement No. CE 36/2012 (CE) emergency XPs relating to the obligation and liability of the Permittee to indemnify the Government against all losses and claims for injury or damage to any person or property, nuisance, disruption or interference whatsoever which may arise out of or in consequence of the work of the Permittee, and against all claims, demands, proceedings, damages, costs, charges or expenses whatsoever in respect thereof or in relation thereto; and (ii) the condition stipulated in the XPs and, where applicable, emergency XPs relating to the obligation and liability of the Permittee to make good or pay for any works as a result of or in consequence of the work of the Permittee. (c) Sub-clause (b) above is without prejudice to Clause 22 of the General Conditions of Employment. 18.104.22.168 (a) The Consultants shall ensure that the Contractor complies with the permit conditions imposed by the Authority under the Land (Miscellaneous Provisions) Ordinance, Cap 28, including those conditions stipulated in the XPs and, where applicable, emergency XPs to be observed by the Nominated Permittee or by both the Permittee and Nominated Permittee and those stipulated in the XPs and, where applicable, emergency XPs to be observed by the Permittee but which the Contractor is required to comply with under the Contract. (b) In respect of permit conditions which are stipulated in the XPs and, where applicable, emergency XPs to be complied with by the Permittee but which are required to be complied with by the Contractor under the Contract, if not withstanding (a) above the Contractor has failed to comply with these conditions, the Consultants shall take such actions so as to ensure that these conditions are complied with by the Employer in his capacity as the Permittee irrespective of whether these actions are required to be carried out by the Contractor under the Contract. 22.214.171.124 The Clauses above shall apply only with respect to excavation in streets maintained by HyD that requires XPs and, where applicable, emergency XPs under the Ordinance for execution of the Works. 126.96.36.199 The Consultants shall engage a competent person to supervise the excavation works on behalf of the Employer, maintain a documented system for supervising the excavation works and maintain a documented system to ensure that the Contractor complies with his duties in relation to excavation works. The attention of the Consultants is drawn to section 10T(5) and (6) Page 62 Agreement No. CE 36/2012 (CE) of the Land (Miscellaneous Provisions) Ordinance, Cap 28. 6.5.7 Works Orders 188.8.131.52 If so required by the DR, the Consultants shall provide the design, specifications and documentation for parts of the Project works for implementation through one or more Works Orders under CEDD’s term contracts. Although the DR may act as the Engineer and the Engineer’s Representative under such Works Orders, the Consultants shall assist the DR to perform all functions of the Engineer and the Engineer’s Representative, supervise and direct the execution of works, administer the Works Orders, and deal with all matters related with the Works Orders as if it is a separate construction contract with the Consultants as Engineer. 6.6 Completion Phase 6.6.1 The Consultants shall carry out the duties of the Engineer under the terms of the works contracts for the completion, maintenance and supply of the contract works which shall be deemed to include the co-ordinating of the works carried out by public utility companies and water supply and other authorities, bodies or persons for or in connection with or necessitated by the Assignment. The Consultants shall also administer the works contracts in the maintenance period and the establishment period and supervise any outstanding / remedial works carried out within the period. 6.6.2 The Consultants shall evaluate and assess contractor's outstanding claims on extension of time and variations promptly such that the contract accounts could be finalized as early as possible. 6.6.3 The Consultants shall give at least 3 (three) months’ notice to the DR before the issue of a completion or handing-over certificate to the contractors for any section of the works. The Consultants shall arrange joint pre-handing over inspections with representatives of the DR and maintenance and operation authorities before the issue of such certificates. The Consultants shall submit as appropriate information, instructions, calculations, certificates, manuals and drawings of the concerned works to the DR and concerned maintenance and operation authorities for reference before the handing over inspection. 6.6.4 The Consultants shall ascertain with the relevant maintenance and operation authorities in well advance their detailed requirements on the handing-over pre-requisites (e.g. submission of information, as–built drawings, operation and maintenance manuals, certificates, approvals, etc and special provisions such as uninterrupted access etc). Before issue of completion certificates, the Consultants shall start to prepare and timely submit such handing-over prerequisites as necessary for handing over of the completed works. Where Page 63 Agreement No. CE 36/2012 (CE) requested by maintenance and operation authorities, the Consultants shall advance the preparation of these pre-requisites to facilitate smooth handing over of the works. 6.6.5 Before expiry of the maintenance period for any certified completed works, the Consultants shall arrange final joint inspections of the contract works with representatives of the DR and relevant maintenance authorities respectively and jointly. The “as-constructed” drawings shall be submitted prior to these final inspections. For the drainage and sewerage works, the Consultants shall submit CCTV survey records and reports to confirm that the internal conditions of the drainage pipelines are satisfactory. For E&M works in the proposed SPS and the lift for the proposed footbridge, the Consultants shall provide to the DR and the maintenance authorities the information, instructions, equipment test certificates, calculations, as-built shop drawings, O&M manuals as necessary for the operation of the works to be handed over. 6.6.6 The Consultants shall prepare and submit for completed works the as-constructed drawings, all necessary operation and maintenance manuals, survey data, works instructions, revised Design Memoranda, revised design calculations and the corresponding Check / Design Certificates (in hard copies and electronic files as required). When submitting the as-constructed drawings, the Consultants shall submit at the same time all survey data and computation files for preparation of the as-constructed drawings in electronic files in a format to be agreed by the DR to facilitate subsequent input by the Employer into the Land Information System in the LandsD. 6.6.7 The Consultants are to ensure that all the site records are stored in a safe location before handing over them to the DR upon request or until such a date to be agreed with the DR. The site records and accounts submitted for the works contracts shall be equipped with proper classification / indexing system to enable easy retrieval of information. 6.6.8 Before expiry of the maintenance period for works and establishment period of the landscape works, the Consultants shall assist in handing over and arrange final joint inspections of the works with representatives of the DR and the relevant maintenance and operation authorities to confirm that there are no outstanding works before the issue of the maintenance certificate. 6.6.9 The Consultants shall be required to participate in the dispute resolution processes, namely mediation, adjudication, arbitration and litigation. For the avoidance of doubt, the extra-contractual negotiations (including the preparation of supplemental agreements) involving only the Employer, Contractor and the Engineer for resolving any disagreement, argument or settlement of claims for works contracts shall not be considered as any Page 64 Agreement No. CE 36/2012 (CE) dispute resolution process and the Consultants’ input in negotiation shall form part of the Services under this Assignment. 6.6.10 In case the Employer is to re-enter the site before contract completion, the Consultants are to ascertain the work done by the expelled contractor and arrange the necessary re-entry. The Consultants shall only be reimbursed the input for preparing the completion contract for completing the outstanding works left over due to re-entry. 6.7 Overall Completion of the Assignment Should the Consultants consider all the Services under the Assignment have been accomplished and obligations fulfilled, they shall then seek the DR’s explicit confirmation of completion of the Assignment by referring to this clause. Upon explicit written agreement by the DR in this regard, the Assignment is then deemed completed. Otherwise, the Consultants are required to continue their Services until receipt of the DR’s agreement. 7. Response to Queries 7.1 The Consultants shall respond to queries on the findings and conclusions of this Assignment raised during the period defined in the Brief for such queries by the DR or by any consultants who may be appointed by the Government for projects that may have interfaces with the Project. 7.2 The Consultants shall use their best endeavours to respond to queries on the findings and conclusions of this Assignment raised after the period defined in the Brief for such queries by the DR or any person who may be appointed by the DR. 7.3 The Consultants shall respond to queries raised prior to a date 3 months after the final submission of the Deliverables required under the Assignment. Such date shall be confirmed in writing to the Consultants by the DR. 8. Programme of Implementation 8.1 The due date for commencement of this Agreement is ______________. 8.2 Pursuant to Clause 26(B) of the General Conditions of Employment, the Consultants shall submit the draft programme and revised draft programmes to the DR for comment, agreement or instruction according to the following schedule: Page 65 Agreement No. CE 36/2012 (CE) (a) submission of the draft programme within 2 weeks from the commencement of this Agreement; (b) submission of the revised draft programme within 1 week from receipt of the comments on the draft programme until acceptance by the DR; and (c) submission of the Programme and subsequent revised versions within 2 weeks from the instruction by the DR. 8.3 The draft programme and revised draft programmes shall detail the activities to be carried out, target dates for particular tasks and any decision dates that may be required for the uninterrupted progress of the Assignment. The Consultants shall discuss with the DR during the above periods to agree the timing of submission of reports, other documents and plans for each of the main elements of the Assignment, for inclusion in the draft programme and revised draft programme. 8.4 The key dates referred to in Clause 8.2 of this Brief shall include but not be limited to the deliverables in Clause 5.1. 8.5 The milestones events of this Assignment shall be completed in accordance with the following schedule: Milestone Events Key Dates (from the date for commencement of this Agreement) (i) Submit Environmental Review 3 months Report (ii) Submit Final Project Profile 4 months (iii) Submit Final Review Report 3 months (iv) Submit final preliminary design 3 months reports (v) Submit final statutory gazettal 4 months materials Page 66 Agreement No. CE 36/2012 (CE) (vi) Submit final tender documents 17 months (vii) Invite tenders for works contracts 19 months (viii) Submit final tender assessment 22 months report (ix) Commencement of construction for 24 months works contracts (x) Completion of works contracts 54 months 8.6 The Consultants shall endeavour to ensure that the Assignment is implemented in accordance with the Programme and shall submit an abridged version as part of the Progress Reports as required in Clause 9 of this Brief. 9. Progress Reports 9.1 The Consultants shall submit to the DR progress reports at monthly intervals on all aspects of the Services relating it to the Programme referred to in Clause 8 of this Brief. The reports shall include a list of those parts of the Services the execution of which are behind the Programme with explanations for the delay, together with proposals to expedite progress, so as to complete the work on time. The reports shall also highlight any change to the team/management structure and give justifications for the change. In addition, the Reports shall include updated expenditure forecasts in accordance with Clause 10 of this Brief. 10. Financial Management 10.1 At monthly intervals or at such other intervals as the DR may require, the Consultants shall submit a report on the current and the forecast expenditure on the various elements of the Project and the fees due to the Consultants, in a form to be agreed by the DR. 10.2 The Consultants shall closely monitor progress and expenditure on any works contracts and be alert to the possibility of the approved contract sum being exceeded. They shall advise the DR immediately if there is any likelihood of the approved contract sum being exceeded. To ensure sufficient time to obtain the necessary authorities and make funds available, the Consultants shall give the DR at least four months notice in writing of the need to increase Page 67 Agreement No. CE 36/2012 (CE) the approved contract sum to meet contractual payments and shall provide the supporting information, except that if the need cannot be foreseen so far ahead, then the Consultants shall give as much notice as is possible in the circumstances. The following information shall be provided:- (a) full details of the proposed net increase broken down into the following categories: (i) price fluctuation payment under the contract. An arithmetical derivation based on the projected percentage and the estimated final effective value of work done is required; (ii) additional works and savings arising from the bills of quantities items and variation orders. Reasons shall be given for increases and decreases in the earlier estimates; and (iii) claims from the contractors. These shall be the Consultants’ estimates of the amounts which will be certified for payment. (b) an assessment of increase in consultancy fees and site staff costs if the contract period is likely to be extended or additional site staff are required; and (c) a revised projected monthly cash flow pattern of contract payments, consultancy fees and site costs. 11. Standards and Specifications 11.1 The Consultants shall adopt such technical & design standards and specifications as are in current use by the relevant Government Departments or, if non-existent, British Standard Codes of Practice and Specifications. Should instances arise for which suitable standards or specifications do not exist or for which the current standards of specifications appear to require modifications or if by the adoption of current standards the Consultants would incur additional expenses not within reasonable contemplation, the Consultants shall submit recommendations on appropriate alternatives to the DR for agreement. 11.2 The Consultants shall state whether any part of the works is not designed in accordance with current Government standards with full explanations and justifications. After obtaining comments from relevant Government departments, maintenance and operation authorities, the Consultants shall prepare a summary of comments received, actions taken by the Consultants, final agreements reached and any deviation from current Government standards for agreement by the DR. Page 68 Agreement No. CE 36/2012 (CE) 12. Checking and Certification of the Design 12.1 The Consultants shall submit, at different Phases, to the DR in accordance with clause 5 of this Brief, appropriate sets of design calculations (or revised design calculations) for each works contract of the Works including a statement of the standards, procedures and codes of practice adopted. It shall be accompanied by a certificate that the design calculations have been checked by another qualified independent designer in the Consultants' employ and that the drawings are in accordance with the calculated design. 12.2 The “tender” documents (draft and final) including any addendum and “contract” document shall be checked and certified by an experienced engineer independent from the project team. 12.3 The Consultants shall submit the design of permanent geotechnical works as defined in ETWB TCW 29/2002 to the GEO for checking and obtain GEO’s agreement of the design prior to tendering. The Consultants shall also comply with the requirements stipulated in ETWB TCW No 20/2004 and obtain respective GEO Checking Certificates for all geotechnical features constructed or upgraded under the Works, before handing over the completed works to the party responsible for the future maintenance. 12.4 The standard form of Design Certificate set out at Appendix 4.7 in the Handbook on Selection, Appointment and Administration of Engineering and Associated Consultants shall be used for this purpose wherever applicable. 13. Variations and Other Commitments 13.1 The value of a variation to the contract works or other expenditure commitment for the purposes of Clause 24 of the General Conditions of Employment is HK$300,000.00. 13.2 All variations to the contract works shall be covered by a variation order in a form to be agreed by the DR, except that no variation order will be required for increase or decrease in quantities arising from remeasurement of the items in the bills of quantities. 13.3 For variation order requiring approval by the Employer before issuance, the Consultants shall observe the requirements stipulated in CEDD Technical Circular No. 08/2010 in respect of the supporting information required for approval. Page 69 Agreement No. CE 36/2012 (CE) 13.4 The DR shall advise the Consultants of his approval or otherwise under Clause 24 of the General Conditions of Employment within 14 days of submission. The reasons for non-approval, which may include insufficiency of supporting information provided with the submission, will be provided to the Consultants at the same time. If, because of the need for consultation or referral elsewhere, the DR is unable to give his decision within the period stated then he should inform the Consultants immediately and advise them of when he will give his decision. Provided that, in any case, a different period can be applied by mutual agreement. 13.5 Under sub-clause (A)(iii) of Clause 25 of the General Conditions of Employment as amended by Clause SCE12 – Referral of Variations and Claims of the Special Conditions of Employment, the Consultants shall report all claims to the DR within 14 days of their receipt. The DR shall provide the Employer’s views to the Consultants within 60 days of receipt of the Consultants’ principles of assessment of a claim. 13.6 Under sub-clause (A)(iv) of Clause 25 of the General Conditions of Employment as amended by Clause SCE12 – Referral of Variations and Claims of the Special Conditions of Employment, the Consultants shall report all delays to the DR within 14 days of the delay being identified. The DR shall provide the Employer’s views to the Consultants within 28 days of receipt of the Consultants’ assessment of extension of time. 14. Resident Site Staff 14.1 The establishment, duties, appointment, deployment, remuneration, conditions of employment and administration of Resident Site Staff shall be in accordance with the Special Conditions of Employment, Schedule of Fees and Schedule of Resident Site Staff standards and duties. 14.2 The Consultants shall submit to the DR for approval the proposed RSS establishment and RSS Manual as required under this Brief prior to commencing the recruitment process. The Consultants shall also submit reports on RSS organisation at quarterly intervals with reference to its structure, establishment and strength. 14.3 For the employment of the Labour Relation Officer (LRO), the Consultants shall, within 14 days of commencement of the Contract, or as the case may be, within 14 days after being notified by the Director’s Representative of his disapproval of employment of any person as LRO, submit the name and particulars of the person they intend to employ as the LRO to the Director’s Representative for his approval. The Consultants shall furnish further information within 7 days pertinent to the employment of such person if required by the Director’s Representative. Page 70 Agreement No. CE 36/2012 (CE) 14.4 RSS might be required to supervise the works in relation to the Projects to be carried out under CEDD’s term contracts for minor works and CEDD’s landscape term contracts. RSS shall be able to undertake the Environmental Monitoring and Auditing services. 14.5 RSS shall provide assistance and facilities for Contract Advisers, Construction Quality Audit Team and Environmental Checking/Auditing Team of CEDD and also the staff of Audit Commission and the ISO 9001 and 14001 certification bodies in performing their duties in respect of auditing. RSS shall also carry out the environmental audit, prepare and submit the audit reports, and carry out all required follow up actions for the works contracts pursuant to the EMS requirements of CEDD. 14.6 The Consultants shall be provided with free uniform for the Resident Site Staff under the works contracts. The Consultants shall ensure that Resident Site Staff, except those who are not involved in site work, such as office-based staff, or those engaged in work requiring personal protective equipment which, in the opinion of the Consultants, render the wearing of uniform unsuitable or impractical, wear the uniform in carrying out their duties of administration and site supervision of the works contracts. 15. Director’s Representative 15.1 The DR as defined in the General Conditions of Employment shall be the Project Manager (New Territories East) of Civil Engineering and Development Department or such other person as may be authorised by the Director in writing and notified to the Consultants. The DR may delegate any of the powers and functions vested in him to other officers. In this regard, the Chief Engineer/New Territories 2 is responsible for the day-to-day management of the Assignment. If the Consultants are dissatisfied with a decision or instruction of any such officer the matter shall be referred to the DR for a ruling. 15.2 During the course of this Agreement, the Consultants shall report directly to the DR through the Chief Engineer/New Territories 2 as appropriate. 16. Control of the Project and Assignment 16.1 On commencement of the Assignment, the Consultants shall notify to the DR the names of the Project Director, the Project Manager and other key staff. Page 71 Agreement No. CE 36/2012 (CE) 16.2 The Consultants will be required to attend meetings of the Steering Group, Working Group and other ad-hoc meetings in connection with the Project. The Consultants shall prepare the agenda and draft summary notes of such meetings. 16.3 The Consultants shall maintain necessary liaison and consultation with the relevant Government departments and other relevant parties throughout the course of the Assignment. The DR shall be involved in such discussions whenever necessary. Correspondence recording decisions reached in discussions with Government departments and other parties shall be copied to the DR and to other departments which are likely to be affected. 16.4 Further to Clause 13 of the General Conditions of Employment, the Consultants will be required to attend external meetings and provide presentation materials for the following committees, conferences, councils, boards, meetings and any other public consultation bodies and forums as required by the DR: Legislative Council; District Councils; District Lands Conference; Antiquities Advisory Board; The Advisory Committee on the Appearance of Bridges and Associated Structures (ACABAS); Advisory Committee on the Environment Meetings/Conferences/Open Forums with the public, organisations and individual LegCo members and/or District Council Members; Meetings with parties affected by the project; Meetings with relevant Government bureaux and departments; and Other meetings to be advised by the DR. The estimated maximum number of the above meetings/presentation is 50 for external meeting only. The Consultants shall only attend such meetings at the instruction of the DR and prepare and keep all records of attendance and discussions at such meetings. For the avoidance of doubt, meetings with relevant Government bureaux/departments, utility companies, other consultants and other parties who may be affected by the Project are not regarded as external and shall also form part of the Services for this Assignment. Page 72 Agreement No. CE 36/2012 (CE) 17. Information and Facilities Provided by the Employer 17.1 All available information relevant to the Assignment will be provided to the Consultants. Relevant documents including reports, drawings and other background materials are listed in Appendix E to this Brief. In addition, relevant circulars and documents are listed in Appendix F. The Consultants shall indicate for guidance those documents which they currently hold and those of which a copy may be needed, should the Assignment be awarded to them. A copy of each of the documents indicated as needed, if available, will be supplied free of charge by the DR on request from the Consultants, except those currently available from the Sales section of the Information Services Department. In the case of plans and drawings, one transparency and two prints of each plan or drawing shall be provided free of charge if requested by the Consultants. 18. Consultants’ Office and Staffing 18.1 Upon commencement of this Agreement, the Consultants shall notify the DR the names of the Project Director, the Project Manager, the Project Team members and other personnel involving in the Assignment. All the Staff shall be resident in Hong Kong for the length of their individual involvement in the Assignment. 18.2 The Consultants shall maintain for the duration of this Agreement an office in Hong Kong under the control of the Project Director of the Consultants who shall be responsible for the Assignment. He shall have adequate authority and sufficient professional, technical and administrative support staff in all relevant disciplines to ensure progress to the satisfaction of the DR. The Project Director of the Consultants shall be resident in Hong Kong during the entire period of the Assignment. 18.3 The Consultants shall provide the staff and manpower input in accordance with the Technical Proposal which was submitted with the Consultants’ tender for this Assignment. The DR shall have the right to check the time-log record of the Consultants’ staff deployed for the Assignment. 18.4 If the DR considers that the performance of the Consultants is not satisfactory due to inadequate staffing and manpower input allocated to the Assignment, the Consultants shall, upon the request of the DR, forthwith submit to the DR the time-log record of the staff deployed for the Assignment for the DR to check against the Technical proposal. 18.5 The Consultants’ failure to adhere to their staffing proposal, in particular the employment of core personnel of the Consultants and their sub-consultants, Page 73 Agreement No. CE 36/2012 (CE) thus causing an adverse impact on the performance of the Services, shall be duly reflected in the Employer’s performance report on the Consultants. 18.6 If the Consultants are unable to maintain any of the core personnel specified in the Technical Proposal, the Consultants shall as soon as possible report this to the DR and propose, for the DR’s approval, a revised personnel arrangement which is equivalent to or better than the existing personnel arrangement, in terms of qualifications, experience and competence. 18.7 Consultants in joint ventures/consortia shall give an assurance that each of the collaborating parties involved will be jointly and severally bound to the undertaking until the satisfactory completion of the Assignment. 19 Specialist and Sub-consultant Services 19.1 The Consultants shall provide all specialist and sub-consultant services required for the satisfactory completion of the Assignment. No additional fees or expenses for provision of such services rendered locally or overseas shall be payable by the Employer except as otherwise provided for in the Schedule of Fees. 19.2 Specialist sub-consultants (Landscape Architect and/or Architect) are to be assigned by the Consultants for the design of detailed landscape and aesthetic proposal including details on any tree felling/transplanting/compensating works necessary for the construction of the Project works and architectural form and finishes, chromatic scheme, tiling, paving, cladding including the roof system, etc for the proposed footbridge. 19.3 A specialist sub-consultant is to be assigned by the Consultants for the design of electrical and mechanical works at the proposed sewage pumping station and for the design of the electrical and mechanical works at the proposed footbridge including lighting and decorative lighting (but excluding conventional road lighting to be designed by the HyD), traffic signal and control and lifts. 19.4 Without derogating from the generality of clause 38(i) of the General Conditions of Employment, the Consultants shall, upon the award of this Agreement and save as otherwise agreed by the DR, appoint the sub-consultants as proposed in their Technical Proposal for the Assignment. The DR shall have the right to check the sub-consultancy agreements. If the DR considers that the performance of the Consultants is not satisfactory due to inadequate staffing and manpower input allocated to the Assignment, the Consultants shall, upon the request of the DR, forthwith submit to the DR a certified copy of any or all of the sub-consultancy agreements. Page 74 Agreement No. CE 36/2012 (CE) 20. Surveys 20.1 One velograph and two prints of topographical mapping at 1:20,000, 1:5,000 and 1:1,000 scales prepared by the Survey and Mapping Office of the Lands Department, where available for the area covered by the Project for which the Assignment forms a part, can be obtained free of charge on application to the DR. All field survey work required for the proper execution of the Assignment shall unless otherwise provided for in the Agreement, be the duty of the Consultants. A copy of field notes, field data and resultant plans arising from these surveys shall be handed over to the DR upon completion of the Assignment. The accuracy as well as presentation of these surveys should be of a standard agreed by the DR. Appendix G specifies the division of responsibility for other surveying between the Consultants, the Lands Administration Office and Survey and Mapping Office as well as the relevant sub-offices at district level of the Lands Department. 20.2 The Consultants shall be responsible for updating and verification of accuracy of information shown on these plans as necessary in relation to the Assignment. 21. Insurance 21.1 The amount of insurance cover to be maintained in accordance with Clause SCE 13 – Professional Indemnity Insurance of the Special Conditions of Employment shall be equal to two times of the lump sum fee, subject to a minimum of HK$10 million and a maximum of HK$150 million. Page 75 Agreement No. CE 36/2012 (CE) Appendix A – Draft MOSOZP No. S/MOS/17 Page 76 Agreement No. CE 36/2012 (CE) Appendix B –Project Layout Drawings Page 77 Agreement No. CE 36/2012 (CE) Appendix C – Index Page for Deliverables Details of Agreement Agreement No. Title of Agreement Brief Brief.htm , Details of Consultants  Name of Consultants Address Telephone No Fax No E-mail Address Details of Sub-Consultants Name of Sub-consultants Address Telephone No Fax No E-mail Address Deliverables Title of Version Date of Software used Hyperlink Highlights of any  deliverables no. issue to create the to pre-existing constituent constituen intellectual files (with t files property right version) Report No. 3.1 3 September Main Microsoft Nil 1– 2012 Text.doc Word 2003 Inception Table Microsoft Nil Report 1.xls Excel 2003 Appendix Microsoft Nil 1.doc Word 2003 Appendix Microsoft Nil 2.doc Word 2003 Page 78 Agreement No. CE 36/2012 (CE) Photo Microsoft Company X 1.gif Office Picture owns the Manager copyright of this file. Their agreement for the Government to copy, distribute and amend this file has been obtained.  A hyperlink to the finalised version of the Brief of the Assignment should be included. In case the Brief comprises several documents, hyperlinks to all such documents should be included.  In case there are more than one consultant firm or sub-consultant, additional tables should be inserted and their information should be provided in the tables.  The hyperlink should be set relative to the file location of this index file. Page 79 Agreement No. CE 36/2012 (CE) Appendix D - List of Government Departments, Bodies, Organizations, and Public Utility Companies A. Consultation with Government Departments Agriculture, Fisheries and Conservation - on preservation of trees, protection Department of wildlife and wetland, and on matters related to ecology, nature conservation, agriculture, fisheries, farm access and irrigation facilities, and on matters affecting existing and proposed Country Parks, Marine Parks/Reserves, Special Areas and Sites of Special Scientific Interest. Antiquities and Monuments Office, - if structures, objects or areas of Leisure and Cultural Services historical and archaeological Department interests are involved. Architectural Services Department - on aesthetics, design and maintenance of building design, G/IC facilities and major structures, other than highway bridges and associated structures and matters relating to Government Offices. Advisory Committee on the - on aesthetical aspects of any Appearance of Bridges and Associated proposed highway bridges and Structures associated structures. Advisory Committee on the - on environmental matters Environment Buildings Department - on matters relating to building surveys. Civil Aviation Department - on matters affecting the airport facilities, and provision of heliport. Page 80 Agreement No. CE 36/2012 (CE) Planning Department - on planning matters including land use, transport, urban design, landscape and visual impacts relating to the development of the area, outline zoning plans amendments. District Lands Office and District - on all land and land-related matters Survey Office of Lands Department including surveying and mapping. Acquisition Section of Lands - on matters relating to private land Department resumption. District Offices, Home Affairs - on matters which affect the public Department interest at large. Drainage Services Department - on matters relating to the drainage and sewerage project being undertaken by DSD and matters which involve or affect existing or proposed drainage / sewerage facilities, or which will alter the flow regime of a drainage/sewerage basin, particularly in flood prone areas, and on matters relating to the sewage conveyance and treatment facilities, pumping stations, sludge handling and transportation and control centres and on other matters relating to the planning of drainage and sewerage issues. Development offices of Civil - on matters relating to new town Engineering and Development developments and major Department development areas Civil Engineering Office of Civil - on matters relating to public filling, Engineering and Development fill requirements and if marine Department facilities are affected and if reclamation/marine works and port developments are involved. Page 81 Agreement No. CE 36/2012 (CE) Environmental Protection Department - on matters relating to environmental and pollution aspects, and waste treatment and disposal, and planning of sewage infrastructure. Fire Services Department - on fire service installations and dangerous goods licence, emergency vehicular accesses, etc. Geotechnical Engineering Office (GEO), - on matters relating to slopes and Civil Engineering and Development retaining walls (see ETWB TCW Department 29/2002), tunnel works (see ETWB TCW 15/2005), geotechnical aspects of land use planning and land development, slope rehabitation and matters relating to ground investigations and laboratory testing. Electrical and Mechanical Services - on matters relating to district Department cooling system, solar energy, traffic signals, illuminated bollards, gas standard/safety, or any other electrical and mechanical involved - on matters relating to management and maintenance of irrigation system e.g. automatic irrigation system for plantings along central medians or areas which have no pedestrian access. Housing Department - on matters relating to Public Housing Sites Marine Department - on matters relating to marine traffic and marine facilities, typhoon shelter, public cargo working areas, cruise vessels and reclamation/marine works and port development are involved Page 82 Agreement No. CE 36/2012 (CE) Mines Division of Civil Engineering and - if explosives are to be used and if Development Department quarrying matters are involved. Railway Development Office of - on matters Shatin to Central Link Highways Department and other railway projects. Regional Offices and Bridges & - on matters involving or affecting Structures Division of Highways proposed or existing public roads Department and associated structures, and on roadside landscape works. Lands Department - on matters relating to lands Lighting Division of HyD - if street lighting installations are involved. Hong Kong Police Force - on matters having policing implications and traffic management aspects and matters. Post Office - on matter relating to post offices Intellectual Property Department - on matters involving intellectual property rights and Copyright Ordinance (Cap. 528). Social Welfare Department - on matters relating to social welfare/community facilities Traffic Engineering Divisions, - on traffic matters, traffic aids, road Transport Department alignment and layout generally. Transport Operations Divisions, - if public transport is likely to be Transport Department affected. Leisure and Cultural Services - if amenity, civic, community, Department environmental, hygienic and recreational facilities and land of ex-Urban Council /Regional Council etc, and trees within 5 Page 83 Agreement No. CE 36/2012 (CE) metres in urban areas, or 30 metres in New Territories, of a public carriageway maintained by HyD, excluding those areas in country parks and leased areas, in the appropriate region are affected, and if their provision of services are required Labour Department - on Occupational Safety and Health matters of the workers. Water Supplies Department - on matters related to water supply, or if water gathering grounds, waterworks reserves and waterworks installations are affected, and matters related to the chlorine dock Other departments, offices and divisions - if their areas of responsibility are affected by the Project, or if they will be responsible for its management and/or maintenance when completed. B. Consultation with Others Advisory Council on the Environment - on matters relating EA and EIA Studies, environment and pollution. Bus companies - if bus routes and bus stops are affected. MTR Corporation Limited - on all matters affecting their existing and/or planned railway lines and stations. Utility undertakers (including CLP - if existing and /or planned utilities Power Hong Kong Limited, Electricity facilities and installation are Advisory Services Ltd., Hong Kong & affected. China Gas Co., C & W HK Page 84 Agreement No. CE 36/2012 (CE) Telecommunications Ltd., Hong Kong Telecom International, Rediffusion (H.K.) Ltd., Hutchison Telecom (HK) Ltd., New T & T (HK) Ltd., New World Telephone Co. Ltd., and Wharf Cable Ltd., etc District Councils and their - on matters affecting the public Sub-committees interests at large including those relating to traffic & transport, environmental impacts, development & project progress. Town Planning Board - on matters relating to statutory planning. Page 85 Agreement No. CE 36/2012 (CE) Appendix E - Relevant Information and Background Materials The Consultants shall take cognizance of the relevant documents, reports, and other background materials produced by but not limited to the followings: 1. Ma On Shan Outline Zoning Plan 2. Previous Studies and Reports (i) Feasibility Study for Housing Development at Whitehead and Lee On in Ma On Shan, Sha Tin under Agreement No. CE16/99. (ii) Review reports for Phase 1 project under Agreement No. CE34/2006 (CE) “Ma On Shan Development Engineering Works at Whitehead and Lok Wo Sha Phase 1 – Design and Construction”. (iii) Assessment Report for additional sewerage provisions for four development scenarios at Lok Wo Sha and Whitehead under Agreement No. CE 34/2006 (CE). (iv) Project Definition Statement and Technical Feasibility Statement for Ma On Shan Development - Roads, Drainage and Sewerage Works at Whitehead and Lok Wo Sha, Phase 2. The Consultants shall also take account of committed developments and major public and private sector development/redevelopment proposals which are relevant to the Assignment. Page 86 Agreement No. CE 36/2012 (CE) Appendix F - Relevant Circulars and Documents 1. General Conditions of Contract for Civil Engineering Works - 1999 Edition 2. Articles of Agreement 3. General Specifications for Civil Engineering Works - 2006 Edition & Guidance Notes 4. Project Administration Handbook 5. Hong Kong Planning Standards and Guidelines 6. Standard Drawings a. Civil Engineering and Development Department b. Highways Department c. Drainage Services Department d. Water Supplies Department 7. Standard Method of Measurement for Civil Engineering Works - 1992 Edition 8. Handbook on Selection, Appointment and Administration of Engineering and Associated Consultants 9. EACSB Circulars 10. General/Technical Circulars issued by the following Bureau: a. Civil Service Bureau b. Financial Services and the Treasury Bureau c. Transport and Housing Bureau d. Development Bureau 11. Public Works Departmental Circulars, Lands & Works Branch Technical Circulars and Works Branch Technical Circulars and Works Bureau Technical Circulars included in Environment, Transport and Works Bureau Technical Circular (Works) No. 1/2007 or its latest version 12. Technical Circulars of DSD, CEDD, HyD and TD. Page 87 Agreement No. CE 36/2012 (CE) 13. Geotechnical Manuals, Geoguides, Geospecs and other technical guidance documents as detailed in GEO’s TGN No. 1, which may be amended from time to time. 14. Road Notes and Guidance Notes of Highways Department 15. Transport Planning and Design Manuals of Transport Department 16. Structures Design Manual for Highways and Railways of Highways Department 17. Public Lighting Design Manual of Highways Department 18. Stormwater Drainage Manual of Drainage Services Department 19. Sewerage Manual, Part 1 and Part 2 of Drainage Services Department 20. Civil Engineering Design Manual of Water Supplies Department 21. Manual of Mainlaying Practice of Water Supplies Department 22. Geotechnical Manual for Slopes of Geotechnical Engineering Office, Civil Engineering Department 23. Geoguide 2, Guide to Site Investigation, Civil Engineering Department 24. Geoguide 5, Guide to Slope Maintenance of Geotechnical Engineering Office, Civil Engineering Department 25. Environmental Protection Department (1999) Guidance Notes for Investigation and Remediation of Contaminated Sites of Petrol Filling Stations, Boatyards, and Car Repair/Dismantling Workshops. EPD/TR1/99. 26. Environmental Impact Assessment Ordinance (EIAO) Technical Memorandum. 27. Highways Design Manual. 28. Harbour Planning Principles and Harbour Planning Guidelines for Victoria Harbour and its Harbour-front Areas promulgated by the Harbour-front Enhancement Committee Page 88 Agreement No. CE 36/2012 (CE) Appendix G - Responsibility for Survey Work The division of responsibility among the Consultants, the Lands Administration Office, and Survey and Mapping Office of the Lands Department for other surveying required in connection with the development shall be as follows :- Task Responsibility of 1. (a) Provision of basic horizontal and Survey and Mapping Office vertical survey control. (b) Checking of given control point Consultants values and establishment of survey control network(s) based on survey control given vide (a) 2. (a) Provision of basic mapping (at Survey and Mapping Office 1:1000 or other standard mapping (excluding those specified as to relevant to the Assignment) be provided by the Consultants in the Assignment) (b) Up-dating and verification of Consultants accuracy of information shown on plans supplied vide (a) as necessary in relation to the Assignment. (c) Carrying out detailed surveys for Consultants site investigation and for preparation of design and contract documents as necessary in relation to the Assignment. 3. Supply of existing cadastral plans and District Survey Office records and co-ordinate data. 4. Computation of detailed dimensioned Consultants (checked and layouts of roads, drainage and WSD accepted by District Survey reserves, platforms, etc. Office) 5. Determination of site/lot boundaries, District Survey Office (in calculation of areas, etc. in connection liaison with District Lands Page 89 Agreement No. CE 36/2012 (CE) with the agreed dimensioned layouts. Office) 6. (a) Processing of resumption and Acquisition Section of Lands surrender for privately owned Department (in liaison with land in Development Area. District Lands Office, District Survey Office and Consultants) (b) Resumption and surrender plans District Survey Office (in and demarcation of lands to be liaison with Acquisition resumed. Section, District Lands Office and Consultants) 7. (a) Setting-out of roads, drainage Contractors works, formation areas, etc. (checked and accepted by Consultants, usually be resident site staff under their supervision) (b) Initial site survey, and interim and Consultants, usually resident final payment surveys. site staff under their supervision (joint survey with contractors or agreed survey with contractors) 8. Preparation of proposal plans for District Survey Office (in Government land allocations, and liaison with District Lands grants. Office) 9. Preparation of dimensioned plans and District Survey Office (in setting out of boundaries of sites and liaison with government lots for Government land allocation departments) and for grants to architects (Government and Housing Authority) 10. As-constructed surveys (including Consultants, usually by resident records of levels on underground site staff under their supervision pipelines, etc.) Page 90