Request for Expression of Interest (EOI) For Prequalification of Acoustic Sub-Consultants for Lyric Theatre. 13 Dec 2013

Transcription

1 Request for Expression of Interest (EOI) For Prequalification of Acoustic Sub-Consultants for Lyric Theatre 13 Dec 2013

2 1. INTRODUCTION 2. REQUEST FOR EXPRESSIONS OF INTEREST 3. THE PROJECT 3.1 Lyric Theatre 4. ANTICIPATED SCOPE OF CONSULTANCY SERVICES 5. COMPETENCY AND QUALIFICATIONS OF THE SUB-CONSULTANT 6. ANTICIPATED PROGRAMME 7. SUBMISSION 7.1 Submission Lodgement and Closing Time 7.2 Submission Requirements 7.3 EOI Submission 7.4 Submission Format 7.5 Language 8. SUBMISSIONS EVALUATION 8.1 EOI Assessment 8.2 Selection Criteria 9. AMENDMENTS ENQUIRES AND AUTHORITY S WEBSITE 9.1 Amendments 9.2 Enquiries 9.3 Authority s Website 10. INTELLECTUAL PROPERTY RIGHTS 11. INELIGIBILITY 12. GOVERNING LAW AND JURISDICTION 13. CONFIDENTIALITY 14. SEVERABILITY 15. GENERAL PROVISIONS Attachments (Note: Form A to Form F must be submitted together with the EOI Submissions) Form A General Information Page 1 of 16

3 Form B Joint Venture or Consortium Data Form C Past Experience Form D Declaration Form Form E Letter of Association Form F Enclosures and Certification of Response Annex 1 Names of Members of the Development Committee, the Board of the Authority and the Management Team of the Authority as of July 2013 Appendix 1: Architectural Category Band 1 List of Consultants of the Architectural and Associated Consultants Selection Board (AACSB) Appendix 2: The Site Plan Page 2 of 16

4 1. INTRODUCTION West Kowloon Cultural District Authority The West Kowloon Cultural District Authority (the Authority) is a public body established under Section 3 of the West Kowloon Cultural District Authority Ordinance (Cap. 601] (The Ordinance). The West Kowloon Cultural District (WKCD) is one of the world s largest and most ambitious arts and cultural building programmes. It aims to deliver up to 17 new performing arts and visual culture facilities, open spaces, education, commercial and retail facilities as part of a new cultural hub being developed with funding from the Hong Kong SAR Government. The WKCD is being developed for the people of Hong Kong and visitors from around the world. The WKCD is to position itself as a leading cultural brand of the future. The Board of the Authority (the Board) selected the City Park designed by Foster + Partners as the preferred option for the development of the future arts and culture hub on 4 March The Authority submitted the Development Plan (DP) to the Town Planning Board ( TPB ) in December 2011 in accordance with the Ordinance and the DP was published on 30 March 2012 by the TPB. The DP was approved by the Chief Executive in Council in January Background information about the WKCD project is available at the Authority s website: The Authority is seeking experienced and qualified acoustic consultants to be pre-qualified to work in collaboration with the shortlisted design consultant teams for the Lyric Theatre. 2. REQUEST FOR EXPRESSION OF INTEREST (EOI) The Authority will shortly issue a Request for Proposals (RFP) to invite competent design teams to tender for the design consultancy services for the Lyric Theatre of the West Kowloon Cultural District. The design teams are shortlisted from Architectural Category Band 1 List of Consultants of the Architectural and Associated Consultants Selection Board (AACSB) as indicated in Appendix 1. The role of the design teams shall be the Lead Consultant to provide comprehensive consultancy services by engaging, collaborating or partnering with their sub-consultants as they deem appropriate. As part of the RFP, the Lead Consultant shall be provided with two lists of named sub-consultants for performing i) theatre planning consultancy services and ii) acoustic design consultancy services. To prepare for the RFP, this EOI invites qualified and experienced acoustic consultants (acoustic consultants) to be pre-qualified and shortlisted by the Authority as eligible potential members of Lead Consultant responding to the RFP. The acoustic consultants Page 3 of 16

5 submissions will be evaluated by the Authority in accordance with prescribed assessment criteria. The Authority intends to shortlist a maximum of four to six acoustic consultants from this EOI exercise. The shortlisted consultants will be listed in the RFP documents for the Lyric Theatre, the Lead Consultants responding to the RFP shall be required to choose from this list when forming their proposed team. The Authority is looking for acoustic consultants who can demonstrate the depth and range of relevant experience of this type and scale of theatre and theatre-related facilities that will enable them to work as an authoritative and experienced member of the design team making a major contribution to the success of the project from the outset. 3. THE PROJECT 3.1 West Kowloon Cultural District The West Kowloon Cultural District (WKCD) will deliver up to 17 new performance and visual arts venues, museums, open spaces, education and commercial and retail opportunities as part of a new cultural hub. WKCD Batch One Core Arts and Cultural Facilities (CACF) are tentatively planned to be commissioned by 2018, while Batch Two CACF are tentatively planned to be commissioned afterward. The Lyric Theatre is one of the venues included in the Batch Two CACF. The Lyric Theatre is planned to be completed by 2018/19. Applicants shall note the approach taken and the emphasis adopted by the Authority in implementing the WKCD project, including the Lyric Theatre - (i) (ii) (iii) Rigorous value engineering and cost containment will be undertaken to ensure WKCD facilities are value for money, in a cost effective manner and within budget; Consideration will be given to adopt a more functional and pragmatic approach in the design and construction of the WKCD facilities, putting emphasis on functionality and contents over the form of the design; and Creative ways to early deliver the WKCD facilities shall be explored. 3.2 The Site The Lyric Theatre will be located on parcel 35 of the WKCD (herein referred to as the Site ). It is strategically sited at the south of Artists Square adjacent to M+, a large new museum of visual culture to provide an anchor for the western access to the District and it will also establish an arts and cultural presence to the west side of the WKCD. The Lyric Theatre will be directly fronting onto the Artists Square and the main pedestrian access from Kowloon Station and Elements into the west side of the WKCD. The Site will be also surrounded by a number of existing and future municipal Page 4 of 16

6 infrastructure including the Airport Express and Tung Chung railway lines on the west side and the Express Rail Link station on the east side, together with public roads (including the West Kowloon Highway and an underground road and carpark located in the Common Basement of the WKCD site) and various utilities. These need to be carefully considered in the overall design to avoid potential structural, environmental noise and ground-borne vibration problems. The site plan showing the location of the Lyric Theatre is in Appendix Key Facilities The project will include a 1,200 seat Lyric Theatre, co-located with a 7,000 m² Resident Company Centre - facility for the district s resident companies. The project will encompass a full range of facilities for Lyric Theatre and Resident Company Centre, including but not limited to, front-of-house spaces, foyers, auditoria, stage, back-of-house spaces, technical facilities, theatre administration, loading spaces for the theatre and for general purposes, car parking, associated retail, food and beverage facilities and the surrounding approach plaza, which will include an outdoor performance space. The total expected construction floor area of Lyric Theatre is approximately 40,000 m2. The project also involves design and construction of associated Common Basement which is approximately 50,000 m2 in estimated total construction floor area. 3.4 Character of the Lyric Theatre Eclectic, diverse and international in character, this versatile 1,200-seat theatre aims at fulfilling the needs of various forms of dance incorporating unamplified and amplified music accompaniment, as well as dramatic, musicals and operatic performances. It will become the destination to experience the best in performing arts in Hong Kong by showcasing artistic excellence, promote all forms of performing arts, inspire and cultivate a vibrant, diverse and dynamic artistic community and audience for Hong Kong. 3.5 Resident Companies Centre The Resident Company Centre will house office accommodation for professional Resident Companies and will have office and studio spaces. There will also be a Communal Area with facilities specifically designed for classes, rehearsals etc. for public/general use; and will be the place for artists across disciplines to meet, train, network and collaborate. The Centre should have convenient access to the back of house facilities of the Lyric Theatre, but also be able to operate independently from the Lyric Theatre. Page 5 of 16

7 3.6 Key Uses and Users of the facilities Ballet Dance Musical Theatre Drama Opera Music Performances for children Film with or without live accompaniment Amplified speech events The Lyric Theatre is expected to be used frequently by the following groups:- WKCD resident companies presenting, dance, drama, musical theatre, opera and music. Other Hong Kong based theatre, dance, drama, musical theatre and opera groups Commercial promoters and festivals Education based performance groups 4. ANTICIPATED SCOPE OF CONSULTANCY SERVICES Subject to the approval of the Authority s Board, the successful Lead Consultant (incorporating theatre planning, acoustic and other sub-consultants) is expected to be awarded the design consultancy contract for the Lyric Theatre. The design consultancy contract will be comprehensive in nature including all architectural and engineering design, theatrical and acoustical design, construction contract, administration services and supervising contractors site work for the delivery of the Project. The design consultancy services will also include coordination and submission of all the necessary statutory planning and building applications and obtaining all necessary licenses and permits as required under the laws of the HKSAR. Besides, the Authority will engage an independent quantity surveying (QS) consultant (Independent QS Consultant) to work with the Lead Consultant to advise and monitor cost and contractual matters for the project. The Authority will also appoint a Project Management Consultant (PMC) to manage the implementation of all works associated with the Project. The selected acoustic sub-consultant (Acoustic Sub-consultant) shall be responsible for providing their specialist acoustic design consultancy services for the Lyric Theatre. Page 6 of 16

8 The Work Stages under which the Lead Consultant shall carry out the services are: Work Stage 1: Brief Development & Scheme Design Work Stage 2: Detailed Design Work Stage 3: Contract Documentation / Tendering Work Stage 4: Construction Supervision Work Stage 5: Post Hand Over Services Subject to agreement between the Lead Consultant and the Acoustic Sub-consultant and with the consent of the Authority, the general scope of the acoustic sub-consultancy services (Services) shall include but is not limited to the following: i) Assist Lead Consultant to develop the client brief and schedule of accommodation in the Work Stage 1 ii) Provide comprehensive acoustic consultancy services to the Lead Consultant and the Authority for Lyric Theatre. The Acoustic Sub-consultant will also be required to provide their specialist input for all relevant theatre acoustics related systems and applications for the projects. iii) Carry out careful consultation with the Authority and stakeholders, to fully understand their design requirements, future usage, operational and maintenance requirements. iv) Engage with the Lead Consultant to develop innovative acoustic design schemes, including noise control, reverberation control, room acoustics and sound system for a new auditorium chamber, stage chamber and other performing arts related spaces and facilities. v) Conduct acoustic modelling, sound field auralisation by means of computer simulation, or other related tests to verify the effectiveness of the proposed design. vi) Develop and prepare acoustical specifications on architecture and mechanics, with submission of specific product / material brochures. This will be used to establish the scope, budget and options available for specialist equipment installations for future design development. vii) Provide advice on cost estimates for acoustic design including contingencies for variation orders during construction, for the purpose of creating a budget for the work. viii) Collaborate with the Independent QS Consultant (to be appointed in the 2nd quarter of 2014) to ensure the design is cost effective and within budget. ix) Collaborate with Project Management Consultant (PMC) to procure the work contracts and assist PMC to manage all work contracts associated with the Project. x) Prepare tender design and specification including requirements for testing and commissioning documentation for the construction tender; attend tender interviews and meetings and provide analyses of the tender submissions (all in the Authority s required formats) in the selection of contractors for construction work. Page 7 of 16

9 xi) xii) xiii) xiv) xv) xvi) xvii) West Kowloon Cultural District Authority Review drawings provided by the Lead Consultant; prepare drawings and specifications for tender and construction purposes and other relevant aspects. Review, comment upon and approve shop drawings submitted by the contractors during the construction stage. Conduct regular site inspections for acoustical and related works progress, testing and commissioning and inspections for completion, handover and pre-opening; reports and recommendations should be provided after inspection where necessary. Prepare defects / snagging lists for rectification by the contractors. Give advice on scope of work on interfaces with other technical packages in relation to acoustic design schemes and sound system design schemes and to ensure proper coordination and integration of the acoustic equipment installations into the overall building design. Integrate with the Lead Consultant and coordinate with the Authority throughout the project and attend meetings. Prepare and submit all necessary acoustical design related documents, drawings to facilitate the Lead Consultant to obtain all necessary statutory licences and approvals, the certification of Practical Completion and the Occupation Permit of the project. xviii) Assist the Authority to engage the public and stakeholders throughout all the Work Stages. 5. COMPETENCY AND QUALIFICATIONS OF THE SUB CONSULTANT The Acoustic Sub-consultant is required to be a qualified and competent sub-consultant experienced in the provision of services for projects of similar nature, size, scope and complexity and to fulfil the requirements of the Authority. The Acoustic Sub-consultant must have: substantial and qualified professional experience in acoustic design for performing arts facilities of a relevant scale and type with an overarching perspective that encompasses both the performing arts industries and the building industry; solid past experience in relevant completed projects of similar size, scale and complexity; and membership of relevant recognized professional associations The Acoustic Sub-consultant will not be allowed to change their proposed team composition and key personnel without the prior written consent of the Authority. The Acoustic Sub-consultant shall work with other professionals and consultants as part of the design team led by the Lead Consultant, to carry out their design, documentation and administration work necessary for the satisfactorily completion of the relevant project. Page 8 of 16

10 6. ANTICIPATED PROGRAMME An indicative timetable for the conduct of this EOI for the prequalification process and the Request for Proposal (RFP) for Lyric Theatre is described as follows - The Authority may amend the timetable from time to time. Any amendments will be notified to all interested participants by publishing on the Authority s website Acoustic Sub-consultant Activities Tentative Schedule 1. Request for EOI Mid Dec Closing date for submission of queries Mid Dec Closing date for submissions of EOI End Dec Assessment of EOI submission for Short-listing Early Jan Confirmation of shortlisted Acoustic Sub-consultant Early Jan 2014 Lyric Theatre Activities Tentative Schedule 1. Request for Proposal Dec Return of Proposal Jan Assessment of submission Feb Appointment of consultancy services contract Apr SUBMISSION 7.1 Submission Lodgement and Closing Time All EOI submissions, (including the completed Form A to F and supporting documents) must be sent by post or delivered by hand, and MUST reach the following address no later than 12:00 noon on the closing date 31 December 2013 (Hong Kong Time). Submissions will not be accepted via or facsimile. Tender Box West Kowloon Cultural District Authority 29 th Floor, Tower 6 The Gateway, 9 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong Late submissions will not be accepted. Any new or additional information provided by Page 9 of 16

11 applicants after their submission shall not be accepted or considered. The Authority shall have the right to request the applicants to submit or re-submit the duly completed and signed Forms as required within a period specified by the Authority. The Authority reserves the right to disqualify the submission from any applicants who fails to submit or re-submit the duly completed and signed Forms as required by the Authority. If a rainstorm black warning or typhoon signal No.8 or above is hoisted or remains hoisted between 9:00 a.m. and 12:00 noon on the closing date, the closing time will be extended to 12:00 noon (Hong Kong Time) on the next working day (working days: 9:00am-6:00pm Monday to Friday except public holidays) following the affected closing date. The sealed envelope enclosing the submission should be clearly labelled Submission in Response to Request for EOI for Prequalification of Acoustic Sub-consultants for Lyric Theatre for the West Kowloon Cultural District Authority and should bear the Company name of the applicants. 7.2 Submission Requirements The applicants must comply with the following conditions of the EOI: a) must be a registered company or firm; b) must include members who have relevant prior experience and qualifications in provision of the type of services described in this EOI; c) must respond to this Request for EOI according to the criteria and requirements set out in this EOI; and d) must declare by using Form D in the submissions any actual, potential or perceived conflict of interest or involvement which may arise with respect to the competition. Any involvement or interest declared would be carefully considered but would not automatically bar the applicants from being further considered in the selection process. Applicants who have submitted the EOI for Prequalification submission accordingly shall be deemed to have agreed to comply with the requirements, rules and conditions as set out in the EOI document. Applicants who do not comply with the rules, requirements or conditions as set out in this EOI may be disqualified. Any disqualification shall be at the absolute discretion of the Authority. The decision of the Authority shall be final and binding on all parties concerned. 7.3 EOI Submission The objective of this EOI is to provide the selection panel with a clear, concise and considered demonstration of your credentials and ability to handle a project of this nature. Your submission should focus on how you would address a project of this type, and your capability to design and deliver. The EOI does NOT require a conceptual or design based response. Design or schematic drawings for this project are not sought, and such material will be disregarded by the selection panel. Page 10 of 16

12 Expression of Interest submissions will be evaluated according to the following selection criteria: a. Track record Give up to five examples of projects that you have been involved in over the last ten years that demonstrate your ability to provide consultancy services in relation to a large lyric theatre of this scale and ambition and of a set of facilities for resident companies as described herein. Provide the names and contact details of suitable client officials who have agreed to provide references when contacted by the Authority, giving their name, position at the time of the project for each of the projects you have referred to. (maximum 200 words and 2 images per project plus references on form provided as Appendix Form C) b. Approach Outline the approach that you would take for this specific project in Hong Kong, explaining how you would expect to speedily integrate yourselves into a local design team and provided the relevant support and assistance based on your experience (maximum 400 words). c. Resources Give details of the team that you would anticipate providing and of their relevant experience including CV (not more than 2 nos. A4 pages) for each potential member. Explain how team members would be deployed to support a project in Hong Kong and presented in the form of organization diagram (organigram + maximum 400 words) d. Statement Give your view of the specific challenges and opportunities that this project presents (maximum 400 words) e. Financial capability and quality assurance The financial and quality assurance documents are not required at this stage. Applicants will be notified if the Authority requires such information to evaluate the capability of the sub-consultant to complete the project. 7.4 Submission Format Applicants are required to submit One original and Seven hard copies (with one CD copy) of their submissions together with the completed Forms A, B, C, D, E and F with the supporting documents. The copies of the submissions should be marked with "COPY" on the covers and all submissions should be in A4 portrait format and a minimum font Page 11 of 16

13 size of 12 with no more than 10 pages printed double sided. Please note that no attachment, except attachment for curriculum vitae of the key personnel to be employed on the Project (max. 2 pages per person), the organisation chart (1 page), the letters of association, reference letters, Forms A, B, C, D, E and F with supporting documents, should be included in the submission. Any pages in excess will be considered as evidence of inability to comply with submission requirements. 7.5 Language The submission in response to this Request for EOI is required to be submitted in English. 8. SUBMISSIONS EVALUATION 8.1 EOI Assessment The Authority will assess the applicants submissions and identify suitable sub-consultant teams which are most capable of providing the Services required for the project. The Assessment Panel comprising representatives from the Project Delivery Department, and the Performing Arts Department of the Authority has been established for the purpose of selecting the Acoustic Sub-consultant(s). The results of the shortlisting of Acoustic Sub-consultant(s) will be incorporated into the RFP documents issued to the Lead Consultants who are tendering the design consultancy services for the Lyric Theatre and the individual applicant of this EOI shall be notified the results separately. 8.2 Selection Criteria The Authority will assess the submissions based on the following criteria: Criteria a. Track Record Quality and relevance of the examples given in relation to lyric theatre or similar theatre types and resident company centre facilities b. Approach Quality and effectiveness of the applicant s approach to be taken for this project and how the applicants will e integrated into a local design team successfully. c. Resources Availability and quality of proposed resources d. Quality and effectiveness of the applicant s statement concerning the challenges and opportunities of this project Weighting 30% 20% 30% 20% Page 12 of 16

14 Total 100% 9. AMENDMENTS ENQUIRIES AND AUTHORITY S WEBSITE 9.1 Amendments The Authority may amend this EOI from time to time and will post any relevant amendment to the EOI on the Authority s website. Companies or firms with an interest in submitting a response to the EOI are advised to check the Authority s website from time to time for any new information or changes related to the EOI. 9.2 Enquiries Any enquiries about submission of the response to the EOI must be made by in English to the following address before 12:00 noon 20 December 2013 (Hong Kong Time). The Authority may publish the enquiries and responses on the Authority s website to make them known to all parties. There will be no individual replies. Verbal or anonymous enquiries will not be entertained. address for enquiries: lyric.eoi.acoustic@wkcda.hk 9.3 Authority s Website Invitation and details of the EOI can be found at the Authority s Website at: All requirements, terms and conditions as announced in the Authority s website concerning the EOI shall be binding upon all applicants. The Authority shall not be responsible for any loss or damage whatsoever arising out of or in connection with the information provided in the Authority s website and the applicants will be deemed to have made all necessary inquiries for the purpose of preparing their EOI submissions. 10. INTELLECTUAL PROPERTY RIGHTS The Acoustic Sub-consultant(s) who are shortlisted in the selection process shall retain the intellectual property in their entry, but shall by virtue of and in consideration of their being allowed to participate in the selection process be deemed to have granted to the Authority, its authorized users, assigns and successors-in-title, without any fee an exclusive, irrevocable, royalty free, perpetual, freely assignable, world-wide license to use the design for any purpose of the Authority. The Acoustic Sub-consultant(s) shall not grant or assign any other or further such licence in respect of their entry or any part or component thereof to any other person, company or legal entity without the prior written consent of the Authority. Page 13 of 16

15 To the extent that beneficial ownership of any intellectual property rights in any component of the entry is vested in a third party, the Acoustic Sub-consultant(s) shall procure at their own cost that the beneficial owner of such intellectual property rights shall grant to the Authority, its authorized users, assigns and successors-in-title, free of all fees, a non-exclusive, irrevocable, royalty free, perpetual, freely assignable, sub-licensable world-wide license to use the component of the entry for any purpose of the Authority INELIGIBILITY Members of the Board of the Authority, the Development Committee and the management team of the Authority and parties or persons directly involved in the EOI (collectively WKCDA Members and each WKCDA Member ) are prohibited from participating directly or indirectly in the EOI. A full list of the WKCDA Members is set out in Annex 1. Immediate family members, fellow employees, partners and associates of any of the WKCDA Members are also prohibited from participating in the EOI whether directly or indirectly. As a general principle and without prejudice to the absolute discretion of the Authority, any person, party, firm or advisor within the acoustic sub-consultant teams (sub-consultant teams) who has a clear conflict of interest or a close personal or business relationship with any of the WKCDA Members is prohibited from participating directly or indirectly in the EOI. Persons, parties, firms or advisors in the sub-consultant teams who are likely to have a conflict of interest may be prohibited from participating in the EOI subject to the absolute discretion of the Authority after close scrutiny and deliberation. Any person, party, firm or advisor falling within the categories mentioned in the first paragraph of this Paragraph 11 are examples of those who may possess a clear conflict of interest or a close personal, or business relationship and are therefore prohibited from participating in the EOI. Examples of those who are likely to present a conflict of interest are past students, clients or friends who are in regular contact with any of the WKCDA Members; or clubs, societies or professional bodies in which a WKCDA Member is actively involved; or companies, partnerships or proprietorships, business-like or working relationships in which a WKCDA Member has control or influence over their business and their management, associates and employees. In each of these cases, the Authority will closely examine whether they are eligible to participate in the EOI. These examples are not exhaustive and would not restrict or limit the Authority s discretion to determine the eligibility of any person in the sub-consultant teams to participate in the EOI. The list of the WKCDA Members set out in Annex 1 is not exhaustive, and would not relieve any person in the sub-consultant teams from his responsibility of declaring any conflict of interest as and when it arises and/or when he becomes aware of any such conflict. Page 14 of 16

16 If any party, person, firm or advisor of the sub-consultant teams is doubtful whether a conflict of interest may arise, he should send his queries with full details of the circumstances which he considers may give rise to a conflict of interest to the Authority. The Authority shall have the absolute discretion to determine his eligibility. The Authority s decision is final and conclusive and is not subject to appeal. The Authority shall not be obliged to disclose any information concerning its deliberations or decision. 12. GOVERNING LAW AND JURISDICTION The Authority s decision regarding all aspects of the EOI process shall be final and binding on all parties concerned. Any agreement or disputes and differences arising in connection with this EOI, and subsequent design and administration for projects shall be governed by the Law for the time being in force in the HKSAR. 13. CONFIDENTIALITY The assessment process of the EOI will be carried out in strict confidence. The Authority, Assessment Panel and Management Team of the Authority shall not disclose the details of the assessments. All participants agree to waive any right to seek information or data about the assessment on their submission materials or entry during or after the completion of the EOI. Before the completion of the EOI, any person, without prior written authorisation of the Authority, shall not disclose, exhibit or publish the submitted proposals or any materials related to the EOI in any form. Any unauthorised publicity or disclosure of any submitted proposal or any materials related to the EOI by a participant may result in disqualification of that submission. For the avoidance of any doubt, the Authority shall have the right to, and the participants acknowledge and agree that the Authority shall have such right to, use the name and biographies of all individual participants and company or project team members in connection with the publicity, advertising and promotion of the EOI and/or its results. 14. SEVERABILITY If any provision herein is determined to be illegal or unenforceable by any court of competent jurisdiction or arbitrator, such provision shall be deemed to have been void ab initio without affecting the remaining provisions of the EOI. 15. GENERAL PROVISIONS In this EOI Document unless the context otherwise requires: (i) words importing the singular number shall include the plural and vice versa; Page 15 of 16

17 (ii) (iii) words importing any particular gender shall include all other genders; and words importing the whole shall be treated as including a reference to any part of the whole. Attachments (Note: Form A to Form F must be submitted together with the EOI Submissions) Form A General Information Form B Joint Venture or Consortium Data Form C Past Experience Form D Declaration Form Form E Letter of Association Form F Enclosures and Certification of Response Annex 1 Names of Members of the Development Committee and the Board of the Authority and the Management Team of the Authority as of July Appendix 1: Architectural Category Band 1 List of Consultants of the Architectural and Associated Consultants Selection Board (AACSB) Appendix 2: The Site Plan Page 16 of 16

18 FORM A GENERAL INFORMATION Page 1 of 5 If the applicant (Applicant) is a Joint Venture (JV), Partnership, Consortium or other form of collaboration, each member of the Joint Venture, Partnership, Consortium or other form of collaboration should individually complete and submit Form A to F including all sub-consultants, as appropriate. 1. Applicant s Company/Firm Name: Name(s) and title of Contact Person(s) to whom the EOI Documents may be addressed: (Note: If the applicant is a Joint Venture etc., then contact information provided in Form B, Section C will be used as the Applicant s contact by the Authority) Contact(s) Job Title: Address: Telephone: Fax: 2. Head Office Address (if different from 1 or 3): Telephone: Fax: 3. Hong Kong Office Address (if different from 1 or 2 above): Telephone: Contact(s) Job Title: Fax:

19 FORM A GENERAL INFORMATION Page 2 of 5 4. Applicant s Organisation: 4.1) Type of organisation (e.g. private company, public company, subsidiary, partnership, Joint Venture, consortium etc.) 4.2) Applicant's Status in Hong Kong (head office, branch, subsidiary, etc.) 4.3) Date and Country of Registration (provide for both the Applicant) and the ultimate parent: Applicant: Ultimate Parent: 4.4) Commercial Registration: Applicant Date of Registration: Registration Number: Country of Registration: Type of Registration (limited company, partnership, etc,): Ultimate Parent Date of Registration: Registration Number: Country of Registration: Type of Registration (limited company partnership, etc.): 4.5) Hong Kong Registration: Does the Applicant have a current Hong Kong Business Registration Certificate? Yes No If so, please provide the following information: Certificate No:

20 FORM A GENERAL INFORMATION Page 3 of 5 Valid until: Years registered in Hong Kong: Please include a copy of the Applicant s HK Business Registration Certificate. 5. Legal and Financial Advisor: Please provide names and contact information for the Applicant s legal and financial advisor. Name of Advisor(s): Contacts: Legal: Contact Person: Company Position: Tel: Financial: Contact Person: Company Position: Tel: If not applicable, please specify in the space provided 6. Applicant's Main Business Activities. (list and provide date first involved in such activity) 1. Since: 2. Since: 3. Since: 4. Since: (please provide additional but brief details if dates or information above have been affected by company buy-outs, amalgamations, etc.)

21 FORM A GENERAL INFORMATION Page 4 of 5 7. Parent, Associate and Subsidiary Company Involvement: If the Applicant is a subsidiary, associate or affiliate, what involvement (scope), if any, will the parent or other related companies have in the project? Please provide the names and addresses' of associated companies which will be involved in the project and the number of local and overseas professional personnel expected to be involved in the project. Name(s): Address(ees): No. of personnel involved: (please specify local and/or overseas) How many employees in total does the Applicant employ in: Hong Kong: Elsewhere (by Jurisdiction):

22 FORM A GENERAL INFORMATION Page 5 of 5 8. Corporate Structure of Parent, Associate, and Subsidiary Companies: Please provide a corporate tree that depicts the parent, affiliates, or any other subsidiaries of the applicant, and their relationships to each other and the applicant. For a JV or proposed JV, each partner should submit similar information. 9. Please provide details of any legal, civil or contractual action outstanding or threatened claim, distress, legal action, litigation proceeding, suit, prosecution, investigation, enquiry or arbitration which have been made against the Applicant in the last 3 years.

23 FORM B JOINT VENTURE OR CONSORTIUM DATA Page 1 of 3 A. Is this response being made on behalf of a Joint Venture (JV), Consortium, or other association of individuals/companies? Yes/No: If the answer is "Yes" to the above, please provide the information listed below, and the JV (or other form of association) information which is requested in each of the other Forms. B. Is the JV (or other form of association) formally constituted by an agreement, letter of association, memorandum of understanding, or other such similar agreement? Yes/No: If the answer is "Yes" to the above, the Applicant must enclose a copy of the agreement or other documentary evidence with the completed form. If no formal JV agreement is in place, letters addressed to the director from each of the companies in the proposed JV should be submitted with the completed form. Each letter must be signed by a director of the company, or another individual who has the authority to commit the company in such an arrangement. The letter of agreement should reflect that all parties to the agreement are jointly and severally liable for the obligations of the joint venture (or other form of association) for any agreement entered into with the Authority. C. JV/Consortium Specific Information: The following information should be provided and completed by the Lead Member in the JV: 1. JV/Consortium (Agency) Name: Name(s) and title of Contact Person(s) to whom Tender Documents and future correspondence may be addressed: Contact(s): Job Title: Address: Telephone: Fax:

24 FORM B JOINT VENTURE OR CONSORTIUM DATA Page 2 of 3 2. JV Office Address (if different from 1 or 3): Telephone: Fax: 3. Local Hong Kong Address and Name of Contact Person(s) (if different than 1 and/or 2 above): Telephone: Fax: 4. Names of JV/Consortium Members % share of JV by each Member a. b. c. d. e. 5. Name of Lead Member (Management Sponsor): 6. Member/Holding Company of the JV/Consortium Please provide the name and country of registration of the immediate parent company and the ultimate holding company or parent of each member of the JV/Consortium. 7. Type of proposed Joint Venture structure incorporated/unincorporated:

25 FORM B JOINT VENTURE OR CONSORTIUM DATA Page 3 of 3 Where incorporated, please state date and place of incorporation and the nature of presence in Hong Kong (branch, subsidiary, etc.) if applicable. Any incorporated joint venture will be considered as a separate entity and a full set of the data described in this pre-qualification form will be required both from the incorporated entity and each of the participants in it. 8. Proposed distribution of management, financial and contractual responsibilities between the JV/Consortium partners. 9. Proposed allocation of work among the JV/Consortium members if different from question 8 above. Name(s) of JV Member(s) Proposed Work

26 Relevant Project Experience completed in the past 10 years and / or Work in Progress (Including projects of a similar nature to arts buildings in Hong Kong, Mainland China or Overseas): FORM C PAST EXPERIENCE Name of Project Brief Project Key List of Sub- Client / Employer Construction Cost Construction Cost Construction area Nos. of Seats for Year of Completion (please specify Description Personnel consultants Contact Of the Project of the related (m 2 ) Theatre use/nature including the Scope Involved (please specify if it (HK$) theatrical works of Services / Duties is government and (HK$) / Roles of the /or public bodies) Consultant

27 FORM D DECLARATION FORM Page 1 of 4 To: West Kowloon Cultural District Authority Re: Response to Request for Expression of Interest (EOI) for Pre-qualification of Acoustic Sub-Consultants for Lyric Theatre Declaration and Undertaking 1. [I / We]* agree to comply with the requirements, terms and conditions in the EOI Document and any supplements thereto and will accept the decisions made by the Authority regarding all aspects of the EOI. 2. In accordance with Clause 11 of this EOI Document: a)# [I / We]* declare that [I / we]* do not have any actual, potential or perceived personal or financial interest or involvement in or which may arise with respect to our participation in the EOI. OR a)# [I / We]* declare that [I / we]* do not have any actual, potential or perceived financial or personal interest or involvement in or which may arise with respect to our participation in the EOI, but [I / we]* would like to seek the Authority s evaluation of or attention to the circumstances below:- Items to declare: (attach separate pages if required) OR a)# [I / We]* declare that [I / we]* have the following actual, potential or perceived financial or personal interest or involvement which may arise with respect to our participation in the EOI: - Items to declare:

28 FORM D DECLARATION FORM Page 2 of 4 (attach separate pages if required) 3. In addition, in accordance with Clause 11 of this EOI Document: a)# [I / We]* declare that [I / we]* do not have any close personal or business relationships or associations with any of the persons listed in Annex 1. OR a)# [I / We]* declare that [I / we]* have the following personal or business relationships or associations with the following persons, whom are identified in Annex 1. Items to declare: (attach separate pages if required) 4. [I / We]* also undertake that should such a conflict arise at any time during the course of the EOI, [I / we]* will inform the Authority immediately. 5. [I / We]* consent and hereby authorize the Authority to investigate and verify any information of [my/our]* declaration provided herein with any third parties. Company Name Authorized Signature Date: Note: All firms in the acoustic sub-consultant team shall sign and submit this Form

29 FORM D DECLARATION FORM Page 3 of 4 (submit separate page if necessary). * Delete as appropriate # Cross out the entire paragraph where not applicable Explanatory Notes 1. As a general principle and without prejudice to the absolute discretion of the Authority, any person, party, firm or advisor in the acoustic sub-consultant teams (sub-consultant teams) having a clear conflict of interest in participating in the EOI or a close personal or business relationship with any of the persons listed in Annex 1 will be prohibited from participating in the EOI. Persons, parties, firms or advisors in the sub-consultant teams who are likely to have a conflict of interest may be prohibited from participating in the EOI subject to the absolute discretion of the Authority after close scrutiny and deliberation. 2. Members of the Board of the Authority, the Development Committee and the management team of the Authority (who are named in Annex 1) and parties or persons directly involved in the EOI are excluded from participating directly or indirectly in the EOI. Their immediate family members, fellow employees, partners and associates are also prohibited from participating in the EOI whether directly or indirectly.- 3. Any person, party, firm or advisor falling within the categories mentioned in Paragraph 2 above are examples of those who would have a clear conflict of interest or a close personal or business relationship and are therefore prohibited from participating in the EOI. 4. Examples of those who are likely to present a conflict of interest are past students, clients or friends who are in regular contact with a person mentioned in Annex 1, or clubs or societies or professional bodies in which a person mentioned in Annex 1 is actively involved, or companies, partnerships or proprietorships, business-like or working relationships in which a person mentioned in Annex 1 has control or influence over their business and their management, associates and employees. In each of these cases, the Authority will closely examine whether they are eligible to participate in the EOI. 5. The examples in Paragraph 3 and 4 are not exhaustive and would not restrict or limit the Authority s discretion to determine the eligibility of any person in the sub-consultant teams to participate in the EOI. 6. The list in Annex 1 is also not exhaustive, and would not relieve the declarant from the responsibility for declaring any conflict of interest as and when it arises and

30 FORM D DECLARATION FORM Page 4 of 4 comes to his awareness. 7. If any party, person, firm or advisor in the sub-consultant teams is doubtful whether a conflict of interest may arise, he should set out his queries herein with full details of the circumstances which he considers may give rise to a conflict of interest. The Authority shall have the absolute discretion to determine his eligibility. The Authority s decision is final and conclusive and is not subject to appeal. The Authority shall not be obliged to disclose any information concerning its deliberations or decision.

31 FORM E LETTER OF ASSOCIATION Page 1 of 1 Letter of Association Our ref: Date West Kowloon Cultural District Authority 29/F, Tower 6, The Gateway, 9 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong Dear Sir / Madam, Re: West Kowloon Cultural District Authority Expression of Interest for Pre-qualification of Acoustic Sub-consultants for Lyric Letter of Association We confirm that we are willing to act as the sub-consultant to each of the consultants listed in the Appendix 1 of the EOI documents for the captioned project. Yours faithfully,

32 FORM F ENCLOSURES AND CERTIFICATION OF RESPONSE Page 1 of 1 1. Enclosures The applicant shall list below all pre-qualification submission documents as part of its response. The entire set of documents should be listed below by the Applicant to ensure that a complete response is being submitted for review. Please note that Form A to Form F must be completed and submitted with the EOI Submissions. List of Forms and Documents Submitted: Yes No 1.Cover letter (including submission documents other than the following). 2.Form A General Information Required (Include copy of Certificate of Incorporation or its equivalent (i.e. proof of incorporated status in the home jurisdiction) and Hong Kong Business Registration Certificate) 3.Form B (if - Joint Venture or Consortium Data applicable) (include JV Agreement or Letters of Intent to form JV or other forms of collaboration) 4.Form C - Past Experience 5.Form D Declaration Form 6.Form E Letter of Association 7.Form F Enclosures and Certification of Response 2. Certification of Response This is to certify that the information provided in the Forms and Documents listed above pertaining to the Applicant are true and correct and that the signatory may be contacted for verification purposes. Signature: Title: (Company Director or Similar) Name: Date:

33 The Board of The West Kowloon Cultural District Authority Membership List (as of July 2013) ANNEX 1 Page 1 of 5 Chairman: The Honourable Mrs Carrie LAM, GBS, JP, Chief Secretary for Administration Members (non-public officers): The Honourable Ronald ARCULLI, GBM, GBS, JP Mr Raymond FUNG Wing Kee, JP Mr Chris IP Ngo-tung Mr Leo KUNG Lin-cheng, BBS, JP The Honourable Jeffrey LAM Kin-fung, GBS, JP Mr Andrew LAM Siu-lo, JP Professor LEE Chack-fan, GBS, JP Dr Victor LO Chung Wing, GBS, JP The Honourable MA Fung-kwok, SBS, JP The Honourable SIN Chung-kai, SBS, JP Professor Jenny SO Fong-suk Mr Philip TSAI Wing-chung, JP Ms YIP Wing-sie, BBS, JP Mr Danny YUNG Ning-tsun Dr the Honourable Allan ZEMAN, GBM, GBS, JP Members (public officers): The Honourable TSANG Tak-sing, GBS, JP, Secretary for Home Affairs Alternate: Mr YOUNG Lap Moon, Raymond, JP, Permanent Secretary for Home Affairs The Honourable Paul CHAN Mo-po, MH, JP, Secretary for Development Alternate: Mr WAI Chi-sing, JP, Permanent Secretary for Development (Works) Professor the Honourable K C CHAN, GBS, JP, Secretary for Financial Services and the Treasury Alternate: Ms Julia LEUNG Fung-yee, SBS, JP, Under Secretary for Financial Services and the Treasury Ex-officio Member: Mr Michael LYNCH, CBE, AM, Chief Executive Officer of WKCDA

34 西九文化區管理局董事局成員名單 ( 直至 2013 年 7 月 ) ANNEX 1 Page 2 of 5 主席 : 政務司司長林鄭月娥女士,GBS,JP 成員 ( 非公職人員 ): 夏佳理先生,GBM,GBS,JP 馮永基先生,JP 葉傲冬先生孔令成先生,BBS,JP 林健鋒議員,GBS,JP 林筱魯先生,JP 李焯芬教授,GBS,JP 羅仲榮博士,GBS,JP 馬逢國議員,SBS,JP 單仲偕議員,SBS,JP 蘇芳淑教授蔡永忠先生,JP 葉詠詩女士,BBS,JP 榮念曾先生盛智文博士,GBM,GBS,JP 成員 ( 公職人員 ): 民政事務局局長曾德成先生,GBS,JP 候補 : 民政事務局常任秘書長楊立門先生,JP 發展局局長陳茂波先生,MH,JP 候補 : 發展局常任秘書長 ( 工務 ) 韋志成先生,JP 財經事務及庫務局局長陳家強教授,GBS,JP 候補 : 財經事務及庫務局副局長梁鳳儀女士,SBS,JP 當然成員 : 西九文化區管理局行政總裁連納智先生,CBE,AM

35 Development Committee Membership List (as of July 2013) ANNEX 1 Page 3 of 5 Chairman: The Honourable Ronald ARCULLI, GBM, GBS, JP Members (non-public officers): Mr Raymond Fung Wing Kee, JP Mr Chris IP Ngo-tung Mr Andrew LAM Siu-lo, JP Professor LEE Chack-fan, GBS, JP Dr Victor LO Chung Wing, GBS, JP The Honourable SIN Chung-kai, SBS, JP Mr Philip TSAI Wing-chung, JP Ms YIP Wing-sie, BBS, JP Mr Danny YUNG Ning-tsun Dr the Honourable Allan ZEMAN, GBM, GBS, JP Mr LEE Shing See, GBS, OBE, JP Mr LIU Sing Cheong, JP Prof NG Yan-yung, Edward Members (public officers): Representative from Home Affairs Bureau Representative from Development Bureau

36 ANNEX 1 西九文化區管理局發展委員會成員名單 ( 直至 2013 年 7 月 ) Page 4 of 5 主席 : 夏佳理先生,GBM,GBS,JP 成員 ( 非公職人員 ): 馮永基先生,JP 葉傲冬先生林筱魯先生,JP 李焯芬教授, GBS,JP 羅仲榮博士,GBS,JP 單仲偕先生,SBS,JP 蔡永忠先生,JP 葉詠詩女士,BBS,JP 榮念曾先生盛智文博士,GBM,GBS,JP 李承仕先生 GBS,OBE,JP 廖勝昌先生,JP 吳恩融教授 成員 ( 公職人員 ): 發展局代表民政事務局代表

37 Management Team of the Authority (as of September 2013) ANNEX 1 Page 5 of 5 Mr Michael LYNCH, CBE, AM - Chief Executive Officer Ms Bonny WONG - Director, Chief Executive Officer's Office Dr Lars NITTVE - Executive Director, M+ Mr Louis YU Kwok-lit - Executive Director, Performing Arts Dr CHAN Man-wai - Executive Director, Project Delivery Dr Eva LAM - Executive Director, Finance Ms Eva KWONG - Executive Director, Human Resources Mr Michael RANDALL - General Counsel 西九文化區管理局高級行政人員名單 ( 直至 2013 年 9 月 ) 行政總裁連納智先生,CBE,AM 行政總裁辦公室總監黃寶兒女士 M+ 行政總監李立偉博士表演藝術行政總監茹國烈先生項目推展行政總監陳文偉博士財務行政總監林綺華博士人力資源行政總監鄺配嫻女士總法律顧問駱基道先生