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Page 1: Tender No. 31152 - Graduate House, HKU for Tender Exercise for the...Tender No. 31152 PG Hub Cafeteria ... while any bonus or commission shall be ... and special mechanisms such as
Page 2: Tender No. 31152 - Graduate House, HKU for Tender Exercise for the...Tender No. 31152 PG Hub Cafeteria ... while any bonus or commission shall be ... and special mechanisms such as

Tender No. 31152

PG Hub Cafeteria (2014) Info for Tenderers Page 1 of 7

THE UNIVERSITY OF HONG KONG

GRADUATE HOUSE

Tender Exercise for the Operation of

Postgraduate Hub Cafeteria

Information for Tenderers

Background

1. Tenders are invited for franchises to operate the catering facility, named as the

Postgraduate Hub Cafeteria, located inside the Postgraduate Hub on Level P3 of

Graduate House, Main Campus of The University of Hong Kong on behalf of the

University. Details of which are set out in Appendix I attached.

2. This is a build and operate contract. The prospective caterers are required to propose

and carry out all works related to the overall design of layout, fitting out (including

kitchen and food corner (shop-front), furniture and kitchen equipment. Caterers are

required to propose the list of works to be carried out and the related cost. Details of

required submission are listed in paragraph 9(ii)(e) below.

3. General policy on catering operation is determined by the Graduate House Committee

of Management in consultation with its working group, which both comprising staff

and students. Executive responsibility rests with the Master of the Graduate House.

The University may set up a Consumers’ Group to monitor and provide feedbacks on

food quality and service etc. for the caterer.

4. A general briefing will be held for companies or individuals interested in tendering at

2:30 p.m. on 9 June 2014 (Monday) in Room P5-03, Level P5, Graduate House.

If you wish to attend the briefing session, please return the completed reply slip before

noon, 5 June 2014 (Thursday).

Charges

5. The University will levy a monthly charge of HK$8,000 or 15% of the sales volume per

month, whichever is the higher, plus a negotiable percentage sharing of the utilities

costs (including electricity and water charges) incurred by the common areas of the

Postgraduate Hub apart from the Cafeteria as a contribution towards the provision of

premises, equipment and facility to the catering facility. Details of the fee schedule

for the respective outlet are set out in Appendix I.

6. Apart from the monthly charge and a negotiable percentage sharing of utilities charges

incurred by the common areas of the Postgraduate Hub apart from the Cafeteria, the

Caterer will be required to pay a non-interest earning deposit and pay all utilities

charges of the Cafeteria, including but not limited to any sewage charges, electricity

charges, subterranean grease trap cleansing fee, water sampling and testing fee and

wastage disposal charges, as well as additional charges arising from the Catering

operation. The extent that the Caterer is required to clean up the common areas of the

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Postgraduate Hub including the self-contained toilets is negotiable. The deposit

required for the respective outlet is set out in Appendix I.

Contract

7. The initial contract will be for a period of three years tentatively from September 2014.

Subject to satisfactory performance and review, the contract is possible to renew for a

further two years (i.e. a “3+2” contract). A copy of the sample catering contract is

attached as Appendix II. The tender should generally be based on the terms outlined

in this sample contract. However, variations in contract terms can be

counter-proposed and shall form the basis of additional proposals from Tenderers. It

is important that any proposed major changes to the draft contract must be

specified clearly in the tender proposal. If no such change is proposed, the

catering contract for the facility will generally follow the sample contract stated.

8. Tenders will only be accepted from persons or corporations who will occupy the

Premises for their own use, and no assignment, subletting, underletting, or parting with

the possession of the Premises or any part thereof or any interest therein will be

permitted.

Operational Proposal

9. Tenderers are required to submit the followings:-

(i) a completed Tender Form (Appendix III);

(ii) an operational proposal for a Cafeteria. The proposal should cover at least the

following components:

(a) Background of the company – a brief history of the company and a summary

of its organization and structure and its operational experience in the

catering industry, including other Universities or major organizations in

Hong Kong. It is necessary for the company to disclose the number and

the nature of its convictions by government authorities relevant to catering

or restaurant operation in other undertakings under its management and

control for the preceding 24 months, if any. Tenderer shall notice that

the company entering contract with the University shall normally be

the same company signing for and submitting the tender proposal.

Tenderer shall notice the University at the time of tender submission

should you prepare to enter contract with the University with a

different (or new) company signing the tender proposal at the time of

award of tender. It is noteworthy that, under the aforementioned

situation, the University may not consider the tender at all and reserves

the right to decline any request by the prospective caterer for change of

company name in the future.

(b) Human Resources Policy – recruitment system, working hours, training

programmes, remuneration scheme and staff deployment. The Caterer

shall indicate clearly the minimum monthly wages guaranteed to non-skilled

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staff (i.e. general cleaners and dish cleaners) with reference to the latest

available Census and Statistics Department (CSD) quarterly report on wages

at the date of tender submission, plus the scheme and mechanism of revising

such wages. The wages information shall include MPF contribution by the

employee but not the employer, while any bonus or commission shall be

excluded. Information on the corresponding daily working hours and

monthly working days of these staff shall also be provided (Please finish

Item 9(c) of Appendix IV – Quick Summary).

(c) Menu Variety and Establishment of Price – method of operation, including

detailed menus, sample daily menu showing the daily variety and choices

(number of menu items per day and the menu rotation pattern), price lists

for the varieties of food to be provided, additional price for each takeaway

biodegradable food container, the sample menu and pricing for special

function catering. Prices should represent good value for money. Focus

should also be placed on the provision of healthy food. The Caterer is

expected to take into account the competitiveness of the proposed prices to

those offered in the main campus. The confirmed menu would be attached

to the Catering Agreement and would be contractually bound. Tenderer

shall notice that a certain degree of discount is expected if the tenderer

run a similar commercial operation in the territories or in the nearby

district.

(d) Management – an organization chart outlining the types and number of staff

to be employed specifically for the operation of the catering facility

concerned.

(e) Proposed Layout Plan of Kitchen Equipments – proposed usage of the floor

area and a complete set of the renovation plan. Tenderers should prepare

the following information:

- propose a fully designed floor layout including the food

production area, kitchen area, and service area (if applicable),

incorporated with the list of kitchen equipment, type of furniture

to be added and installed, and the fitting out works to be

conducted. Tender should provide a cost breakdown of the

relevant works involved under the following categories:

Design perspective and Builders’ work

Basic E&M work

Kitchen and equipment and fixtures

- Full list of equipment according to the layout plan proposed.

The full list of equipment must include the respective E&M

specification such as electricity and water required, which should

match with the provision available for respective premises as

shown in Appendix I.

- Tenderers shall notice that all works related to the respective

premises must strictly follow the ASD General Specification for

Building Works, Building Services Installation (i.e. MVAC,

Electrical Installation, etc.). Tenderer shall strictly follow all

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requirements from ASD, EMSD and FEHD for the fitting out of

the kitchen premises and the installation of catering equipment.

The above will form a major part of the assessment criteria.

(f) Planning, Fee Schedule and Investment – configuration of planned

investment for the premises including food corner and kitchen equipment.

The general breakdown of investment shall be shown. Tenderers shall

provide the fee schedule, including but not limited to the monthly fixed fee.

These will form a considerable part of the assessment.

(g) Proposed Operating Hours – please refer to Sections 8 of Appendix I for

details.

(h) Estimated Annual Turnover and Pricing Policy – expected annual turnover

and the projected profit and loss account including food cost, gross profit,

staff payroll, utilities, depreciations, overheads, sundry expenses and the

expected net profit before tax. A three-year projection is expected.

(i) Monitoring and Control System – Caterer’s objectives and targets on quality

improvement, value for money, customers’ satisfaction, schedule of

repair/maintenance of equipment, etc; benchmarking against other caterers

(if any); overall monitoring and control system (with details on the structure

and staffing involved, and special mechanisms such as incentive scheme, if

any) adopted by caterer to ensure that overall quality improvement

objectives are met at the company level and at the catering facility that the

caterer is proposing to operate.

(j) Food Hygiene & Safety Management Plan – a clear plan to indicate how

food hygiene and safety can be achieved at the catering facility by spelling

out the standards to be met, the resources to be allocated for achieving this

objective, internal control and reporting (if any) and the organization chart

and supervision to be put in place by the caterer at the corporate

management level and at the catering facility concerned to achieve food

hygiene and safety. This management plan will form part of the criteria for

assessment and assessment for contract renewal.

It is mandatory for the appointed caterer to participate in the

University’s Food and Environmental Hygiene Audit Programme

conduct by a third party auditor appointed by the University, and be

responsible to bear the related cost incurred. (please refer to clause

12.12 of Appendix II – Draft Catering Agreement for details)

(k) Proposed Equipment Cleaning and Maintenance Schedule – a preliminary

proposal for routine cleaning of kitchen equipment as detailed in Clause

11.9 of the draft catering contract (Appendix II). Formal submission of

such cleaning reports with photo records to HKU upon such request is

required throughout the course of contract period.

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(l) Measures to Protect the Environment – methods to ensure noise and smell

problems are kept to a minimum level and avoid as practical as possible

causing nuisances to adjoining student hostels and residential establishments,

use of biodegradable utensils and reduced use of packaging materials to

protect the environment; all disposable utensils must be biodegradable and

use of them should be discouraged as far as possible; handling of food waste

generated from the catering operation (please refer to clause 22(b) of

Appendix II – Draft Catering Agreement for details).

(m) Reporting System – the management personnel responsible for contacting

and liaising with the Master of the Graduate House, and the Graduate House

Committee of Management and its sub-committees; regular submission of

monthly financial statements and staff establishment.

(n) Corporate Social Responsibility - in addition to “9(ii)(b) Human Resources

Policy” and “9(ii)(l) Measures to Protect the Environment” above, any

measures and policies adopted by the caterer that are in compliance with the

basic principles of corporate social responsibility in:

Purchase – sourcing of raw materials through suppliers who observe

fair trade, respect labour rights and animal rights, and protect the

environment.

Waste disposal – minimizing, handling and treatment of wastes in

order to protect the environment.

Equal opportunity – Compliance with the relevant legislations and

codes of practice, support and services for persons with a disability,

policies for employees of different ages, different races and

different family roles, etc.

Support for tertiary education – sponsorship for student activities,

scholarships, provision of learning opportunities.

(iii) A quick summary of the operational proposal as detailed in (ii) above

(Appendix IV); and

(iv) Financial or bankers’ references showing the healthiness of the Tenderer’s

company.

Financial Proposal

10. A financial proposal is required to be prepared under a separate cover, showing the:

(i) Projected monthly turnover, gross profit, expense and net profit before tax and

dividend (if any) during the course of contract period

(ii) Proposed basis of calculation of the monthly contribution of the turnover

earned at the Restaurant to the University.

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Declaration of Interest

11. Tenderers are required to declare whether any of their family and other relatives and/or

close friends are working in the University whereby their loyalty to the Tenderers may

conflict with the interests of the University. Tenderers bidding in the name of

companies will also need to disclose the names of all directors, and, if any of the

directors is a company, the names of all directors of the holding company and make

such declaration.

Queries

12. If Tenderers have any query, please contact the House Manager, Mr. Dick Chow of the

Graduate House at 2249 1816 or email [email protected].

Prevention of Bribery Ordinance

13. Tenderers should note that The University of Hong Kong is a public body as defined by

the Prevention of Bribery Ordinance (Cap. 201), and as such it is an offence for any

employee of the University to offer or accept any bribe or favour from any actual,

prospective or potential suppliers.

Submission of Tender Proposals

14. The Tender Form (Appendix III), accompanying documents completed, tender proposal

and its soft copy (if applicable) in DUPLICATE, must be:-

(i) Enclosed in a sealed envelope with its cover showing the following:

(a) Tender No. 31152

(b) Tendering Exercise for the Operation of the Postgraduate Hub Cafeteria,

Graduate House, The University of Hong Kong

(c) Closing date & time – 10:00 a.m. on June 23, 2014 (Monday)

(ii) Lodged in the Tender Box, located at the Finance and Enterprises Office, 1st

Floor, Kennedy Town Centre, 23 Belcher’s Street, Kennedy Town, Hong

Kong on or before 10:00 a.m. on the Tender Closing Date of June 23, 2014.

(iii) Tenders must be lodged in the Tender Box if delivered by hand. The

University will not be responsible for loss/delay of tenders sent in by post.

Submission of tenders by fax or in other forms will not be accepted.

(iv) Late tenders will not be considered.

(v) Additional SIX (6) identical copies of your proposal should also be delivered

separately to the counter of the Finance and Enterprises Office, 1st Floor,

Kennedy Town Centre, 23 Belcher’s Street, Kennedy Town, Hong Kong by

noon on June 23, 2014 in sealed envelopes with similar markings as the

original documents and proposal.

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(vi) The Tender Form and Tender Summary (Appendix III & IV) must be properly

filled in and signed with company chop and all requisite information submitted.

Otherwise it may not be considered.

(vii) Tenderers when submitting their tenders by way of a subsidiary company should

clearly state the names of their parent companies and their correspondence

addresses, the names of their contact persons, their telephone numbers and

facsimile numbers.

(viii) The person who signs the tender as tenderer shall be deemed to be acting as a

principal unless he discloses therein that he is acting as an agent only, in which

case he shall also disclose therein the name, address and the name(s) of the

contact person(s) of his principal.

(ix) Tenderers when submitting their tenders by way of an unincorporated firm or

business should submit a copy of the valid certificate of business registration as

well as Certified Extracts of Information on the Business Register from the

Commissioner of Inland Revenue containing the name of the sole proprietor or

the names of all the partners, as the case may be, of the said firm or business.

(x) Tenderers when submitting their tenders by way of a corporation should submit

one copy each of the valid certificate of business registration, the Certificate of

Incorporation, the Memorandum and Articles of Association, Notification of

First Secretary and Directors, the latest Annual Return (if any) and Notification

of Changes of Secretary and Directors (if any) filed with the Companies

Registry giving details of its current shareholders and directors.

(xi) Any alteration or erasure made to the tender must be initialed by the person who

signs the Tender Form.

(xii) All tenders submitted shall remain valid from the closing date of the tender until

(90) days after the closing date of the tender and shall remain binding upon the

tenderers and may be accepted by the University at any time up to the expiry of

the said validity period. The University will consider and assess all tenders

submitted which comply with all the terms and requirements of this Tender

Notice.

(xiii) The University of Hong Kong does not bind itself to accept the highest tender or

any tender submitted and reserves the right to negotiate with any tenderer about

the terms and conditions of the offer.

(xiv) The tender submission shall remain valid for a period of ninety (90) days from

the date fixed for its receipt and it may be accepted by the University at any

time within this period leading to an agreement by contract to operate the above

catering facility of The University of Hong Kong. Tenderers may assume their

bids for the tender unsuccessful if you do not hear from the University after this

validity period of the tender submission.

Graduate House, HKU

May 30, 2014

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PG Hub Cafeteria (2014) Sample of Operation Proposal

(a) Background of the company – a brief history of the company and a summary of its

organization and structure and its operational experience in the catering industry, including

other Universities or major organizations in Hong Kong. It is necessary for the company

to disclose the number and the nature of its convictions by government authorities relevant

to catering or restaurant operation in other undertakings under its management and control

for the preceding 24 months, if any.

Name of Company:

Holding Company (if any):

Operational Experiences:

Experiences in other

Institutes and Organizations:

(please provide reference)

Organization Chart:

Others:

(e.g. convictions,

appreciation, reference, etc.)

Dick
Text Box
Sample Operation Plan
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(A)

Proposed Monthly Wage and Payroll

(HK$) Note 1

(B) No. of

working

hours per

day Note 2

(C) No.

of

working

days per

month

(D)

Hourly wage

equivalent

(HK$/hr)Note 3

Remarks:

Full-time

Part-time

(b) Human Resources Policy

Minimum wages guaranteed to non-skilled staff (i.e. general cleaners and dish cleaners)

with reference to the latest available Census and Statistics Department (CSD) quarterly

report on wages at the date of tender submission. (Please also finish Item 9(c) of Appendix

IV – Quick Summary).

Notes:

1. The salary/ wage information shown shall include the MPF contribution by the employee but NOT that

by the employer, while any bonus or commission shall be excluded or otherwise specified in “remarks”

2. No. of working hours per day shall not include meal time

3. Hourly wage received by part-time staff, or hourly wage equivalent (D) = (A) / (B) / (C) which is

applicable to staff receiving monthly wages

4. The Caterer shall include meal time and statutory rest days for their employees as paid working hours.

Other information including recruitment system, training programmes, remuneration

scheme, staff deployment and mechanism of revising staff salaries and wages. (please use

separate sheet if needed)

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(c) Menu Variety and Establishment of Price – method of operation, including detailed

menus, sample daily menu showing the daily variety and choices (number of menu items

per day and the menu rotation pattern), price lists for the varieties of food to be provided,

additional price for each takeaway biodegradable food container, the sample menu and

price for High Table Dinner (if applicable).

- please use separate sheet to elaborate

- a certain degree of discount is expected if the tenderer runs a similar commercial

operation in the territories or in the nearby district. Please specify and elaborate in

this section.

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(d) Management – an organization chart outlining the types and number of staff to be

employed specifically for the operation of the catering facility concerned.

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(e) Proposed Layout Plan and Mode of Operation – please proposed in accordance to the

requirement as stated in Clause 9(ii)(e) of “Information for Tenderers” of the tender

document.

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(f) Planning, Fee Schedule and Investment – configuration of planned investment for the

premises including food corner and kitchen equipment, including the general breakdown of

investment. Tenderers shall also provide the fee schedule, including but not limited to

the monthly fee and proposed percentage sharing of the utilities charges of the common

areas of the Postgraduate Hub apart from the Cafeteria. These will form part of the

assessment.

i) The total investment sum for the setting up and operation of the catering facility

mentioned above would be no less than HK$ (please fill

in), and that the pledged investment would be fulfilled within one (1) year from the

date of commencement of this contract.

ii) Percentage sharing of the utilities charges of the common areas of the Postgraduate

Hub apart from the Cafeteria on top of the monthly fee of HK$8,000 or 15% of the

sales volume per month whichever is the higher.

_______ % sharing of the utilities charges of the common areas of the

Postgraduate Hub apart from the Cafeteria

(Please use separate sheet to elaborate if necessary)

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(g) Proposed Operating Hours – please refer to Sections 8 of the tender document

(Appendix I) and Clause 5 of the draft catering agreement (Appendix II) for details.

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(h) Estimated Annual Turnover and Pricing Policy – expected annual turnover and the

projected profit and loss account including food cost, gross profit, staff payroll, utilities,

depreciations, overheads, sundry expenses and the expected net profit before tax.

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(i) Monitoring and Control System – Caterer’s objectives and targets on quality

improvement, value for money, customers’ satisfaction, schedule of repair/maintenance of

equipment, etc; benchmarking against other caterers (if any); overall monitoring and

control system (with details on the structure and staffing involved, and special mechanisms

such as incentive scheme, if any) adopted by caterer to ensure that overall quality

improvement objectives are met at the company level and at the catering facility that the

caterer is proposing to operate.

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(j) Food Hygiene & Safety Management Plan – a clear plan to indicate how food

hygiene and safety can be achieved at the catering facility by spelling out the standards to

be met, the resources to be allocated for achieving this objective, internal control and

reporting (if any) and the organization chart and supervision to be put in place by the

caterer at the corporate management level and at the catering facility concerned to achieve

food hygiene and safety. This management plan will form part of the criteria for

assessment and assessment.

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(k) Proposed Equipment Cleaning and Maintenance Schedule – a preliminary proposal

for routine cleaning and maintenance of kitchen equipment as detailed in Clause 11.9 of the

draft contract (Appendix II).

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(l) Measures to Protect the Environment – methods to ensure noise and smell problems

are kept to a minimum level and avoid as practical as possible causing nuisances to

adjoining student hostels and residential developments, use of bio-degradable utensils and

reduced use of packaging materials to protect the environment.

- type of bio-degradable containers, supplier, material, origin

- specification of the aforementioned containers (with photo for reference, if

available)

- proposed additional charge to patrons for each of these bio-degradable containers

- procedure for handling food waste generated from the catering operation

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(m) Reporting System – the management personnel responsible for contacting and

liaising with the Master of the Graduate House, and the Graduate House Committee of

Management and its sub-committees; regular submission of monthly financial statements

and staff establishment

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(n) Corporate Social Responsibility - in addition to “(b) Human Resources Policy” and

“(l) Measures to Protect the Environment” elaborated above, any measures and policies

adopted by the caterer that are in compliance with the basic principles of corporate social

responsibility in purchase, waste disposal, equal opportunity, and support for tertiary

education.

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Tender 31152

1

THE UNIVERSITY OF HONG KONG

GRADUATE HOUSE

Briefing Session – Tendering Exercise for the Operation of

Postgraduate Hub Cafeteria at Graduate House

REPLY SLIP

To : Mr. Dick Chow, Manager, Graduate House, The University of Hong Kong

Fax. No : 2546 1861

Name of Company: _________________________________________________________

___________________________________________________________________________

Names of representative(s) who will attend the briefing [to be conducted in Cantonese (and

English if necessary)] at 3:00 p.m. on June 9, 2014 (Monday) at P5-03 Seminar Room,

Level P5, Graduate House, The University of Hong Kong:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Telephone No.: _________________________________________________________

Fax. No.: _________________________________________________________

Email Address: _________________________________________________________

Date:______________________ Signature:_________________________________

Please return this reply slip by fax on or before noon 12:00 p.m., June 5, 2014 (Thursday) to

Mr. Dick Chow (fax no.2546 1861; phone no. 2249 1816), Graduate House, The University

of Hong Kong, No 3 University Drive, Hong Kong.

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Page 1 of 4

Appendix I

THE UNIVERSITY OF HONG KONG

GRADUATE HOUSE

Tender Exercise for the Operation of

Postgraduate Hub Cafeteria

Introduction

1 This tender exercise covers the following catering facility, named as:

a) Postgraduate Hub Cafeteria (located in the Postgraduate Hub on Level

P3, Graduate House) (approx.72.43 sq.m.)

The above outlet is located in the Main Campus of the University, and the

location of the respective outlet is shown at the attached Appendix I - Annex I).

Soft copies of the relevant documents are downloaded from the official website of

the Graduate House at http://www.gradhse.hku.hk/tender/tender.html.

2 The initial contract will be for a period of three years tentatively from 1

September 2014. Subject to satisfactory service performance and review, the

contract is possible to renew for a further two years (i.e. a 3+2 contract)

3 Since September 2012, the total population of the University has been increased

by one-third of the original following the “3+3+4” curriculum reform. The

University currently has an enrolment of about 28,000 students, of whom some

16,000 are studying on a full-time basis on the main campus. The staff of the

University numbers more than 4,000, most of whom are on the main campus. In

addition to this large lunch-time population, there are some 900 students and staff

residents on the main estate; in the evenings and on weekends, a number of part-

time students attend courses offered by University departments and by the HKU

School of Professional and Continuing Education (HKU SPACE).

The distribution of classrooms and their capacity are:-

Main Campus : 74 classrooms with a total capacity of 7,429

Centennial Campus : 76 classrooms with planned total capacity of 5,225

4 The academic year runs from early September to the end of May each year, the

campus becomes less busy after the end of examinations, i.e. early June, and is

fairly quiet in July and August. However, summer residence is encouraged and a

high occupancy rate is maintained in the student hostels throughout the year.

There are also summer courses or conferences holding in the main campus during

these time. Since the Cafeteria is locate at the Graduate House where there are

200 postgraduate student residents, a Conference Centre, an Amenities Centre

including a number of departmental offices, the overall catering need is

considered as a steady demand throughout the year. Besides, the Cafeteria is

located inside the Postgraduate Hub, which serves all the Postgraduates of the

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University and acts as a focal point for this large community. Postgraduates are

expected to gather in this Postgraduate Hub for various activities, and a cafeteria

there can serve their catering need as well.

Details of Catering Facility & Renovation Works

5 General Information of the Catering Facility

Restaurant Location

GFA

(sq.m) Specialties

Postgraduate

Hub

Cafeteria

Level P3,

Graduate House,

Main Campus

72.43

approx.

Self-serviced Cafeteria serving coffee, tea, sandwiches, bakeries, snacks, pizza, sweet soup, desserts, meal boxes, etc., for instance. It is expected that the Cafeteria can identify and sell characteristic food, and successfully find a vacant niche in the University.

Note: Specialty for the catering outlet may be subject to changes as proposed by the Caterer to be desirable.

M&E Provision: a) Fresh water supply

- Available. (Dia. to be confirmed)

b) Drainage

- Drain point available. (Dia. to be confirmed)

c) Power supply

- 200A 3-phase for kitchen equipment and other electrical installations.

d) Air-conditioning system

- Split-type air-conditioner (1 set for the Cafeteria, i.e. inside the Food

Corner area)

Note: maintenance / replacement of the air-conditioning system will be borne by

the University. The caterer is expected to carry out regular cleaning to the louvre.

When proposing and planning for the design and renovation of the Cafeteria,

tenderer shall take into consideration the fitting out and finishing for the

convenience of any future maintenance / replacement of the air-conditioning

system.

6 Floor plan of the above catering facility can be found in Appendix I - Annex I.

7 Sale of alcohols is not permitted unless the Caterer makes application to the

Liquor Licensing Board for the liquor license required in accordance to the

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Dutiable Commodities (Liquor) Regulations (Cap. 109B), at its own cost.

8 The Caterer is required to provide non-stop catering services throughout the day.

The minimum opening hours of the catering facility is as follows:-

PG Hub Cafeteria

excluding:

8:30 a.m. to 9:00 p.m. (Monday to Saturday)

a) all Sundays;

b) Chinese New Year’s Eve;

c) the first, second and third days

of Chinese New year;

d) Christmas Day on December 25

Please also refer to Sections 5, 6 and 8 of the sample catering contract for details

of the opening hours, menu and other special function catering to be provided in

the Cafeteria.

9 The Caterer shall provide a variety of menu choices in a range of prices.

Caterer may apply in writing for prior permission from the University for

launching new or additional menus and prices from time to time, which shall form

part of the contract and to adopt any new menus and prices accordingly. The

process normally takes two weeks.

10 The University will handover the site as bare-shall condition with electricity

supply, air-conditioning (a set of split-type conditioner), water supply and

drainage points inside the premises. The details of E&M provision the outlet

could be found in Para.5 above. The University may provide a water meter and

an electricity meter for the Cafeteria.

Tenderers shall provide the renovation plan detailing the works required and the

specific E&M requirement for the respective Restaurant. Tenderers shall provide

a proposed list of equipment to be added and installed no matter whether they

choose to use some or all of the existing equipment items as provided by the

University. The list of equipment must include the E&M specification such as

electricity and water required and such specification shall match with the E&M

provision for respective outlet as shown in Appendix I – Annex II. Upon

planning for the renovation as well as budgeting for the required works, tenderers

shall take note of and strictly comply as far as applicable to i) all respective

requirements of ASD, EMSD and FEHD for builder works, building services

installation and catering equipment, and, ii) general requirement and specification

of workmanship of the University of Hong Kong.

Tenderers are required to prepare an estimated breakdown of cost for the

renovation and set up of the catering facility in the tender proposal. The proposed

total investment shall be provided in Appendix III – Tender Form and Appendix

IV – Tender Summary.

The University will not provide to the Caterer any financial support for the

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renovation work as well as new equipment purchase and installation.

Charges and Fees Payable by the Caterer

11 The Caterer shall deposit a sum with the University to hold in a non-interest

earning account against any faulty damages to the University’s asset, furniture or

equipment in the premises caused by the prospective Caterer or any outstanding

debts after the termination of its contract.

The deposit for the respective catering outlet is listed as follows:-

PG Hub Cafeteria : HK$100,000

12 The Caterer shall pay a monthly charge of HK$8,000 or 15% of the sales volume

per month, whichever is the higher, plus a negotiable percentage sharing of the

utilities costs (including electricity and water charges) incurred by the common

areas of the Postgraduate Hub apart from the Cafeteria as a contribution towards

the provision of premises, equipment and facility to the catering facility.

The percentage of sharing of the utilities charges incurred by the common areas of

the Postgraduate Hub apart from the Cafeteria may be proposed by the Caterer

and subject to further negotiation with the University.

The monthly charge payable for the respective catering outlet is as follows:-

PG Hub Cafeteria : HK$8,000 or 15% of the sales volume /

calendar month, whichever is the higher

13 The Caterer will be required to pay all utilities charges of the Cafeteria, including

but not limited to any sewage charges, electricity charges, subterranean grease

trap cleansing fee, water sampling and testing fee and wastage disposal charges,

as well as additional charges arising from the Catering operation.

The Caterer will also be required to share the operational cost of the food

composter provided by the University. Such cost would be shared among the

catering outlet in the Centennial Campus. The exact share of cost would be

liaised further with all prospective Caterer concerned and confirm at a latter stage

after the award of contract.

Graduate House, HKU

May 30, 2014

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Appendix I - Annex I
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Area to be contracted out to a caterer after a tendering exercise
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Kitchen
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Food Corner (wall facing the Main Hall to be demolished)
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Main Hall
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Multi-function Room
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approx. 72.43 sq.m.
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approx. 202.71 sq.m.
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Toilets
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Appendix I - Annex I
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Postgraduate Hub
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Cafeteria
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This entire wall can be fully demolished by the Caterer.
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DRAWING NAME

A1.01

SCALE DATE

REVISION

NOTES

1:100 (A3)

DRAWN BYCHECKED BY

1) NOT FOR CONSTRUCTION.2) DIMENSIONS TO BE VERIFIED ON SITE BEFORE CONSTRUCTION.

PROJECT NAME

CLIENTS NAME

LAYOUT PLAN

DESIGN FIRM

CERTIFICTION CODE(GRADE):

CERTIFICTION CODE(GRADE):

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LOCAL DESIGN INSTITUTE (LDI)

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GRADUATE HOUSE, HKU

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Appendix I - Annex I
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Postgraduate Hub
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Cafeteria
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This entire wall can be fully demolished by the Caterer.
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Appendix I - Annex II

Postgraduate Hub Cafeteria at Graduate House

List of University equipment that the Caterer may choose to use

(subject to latest functional condition of the equipment and the University’s consent )

Note:

The above-listed equipment items have been used for more than 10 years, and they may not be in good condition. It is assumed

that the Caterer will purchase and install their own equipment at their own cost. On the other hand, the Caterer may choose to

use any item of the above-listed equipment provided that it functions properly as confirmed by the Caterer and the University’s

consent is sought. The Caterer is required to state which equipment items they choose to use in the tender to be submitted and

they have responsibility to maintain the equipment items at their own cost. This will affect the final list of equipment that the

University provides to the Caterer (Appendix I - Annex II).

Item Description Quantity

1. Stainless Steel Upright 4 doors Freezer / Refrigerator 2

2. Glass doors Refrigerator 1

3. Stainless Steel Working Table 6

4. Stainless Steel Bain Marie Table 1

5. Overhead Warmer 2

6. Stainless Steel Twin Sink Table 1

7. Stainless Steel Cleaned Dish Table 1

8. Stainless Steel Cabinet 1

9. Four-tiers Upright Shelving 1

10. Combi-Steamer / Oven (Eloma EDC 10-11) 1

11. Salamander (Giorik SR-512R) 1

12. Electric Countertop Griddle (Galand ED-24G) 1

13. Electric Countertop Deep Fat Fryer (Galand ED-15F) 1

14. Slicer (Berkel) 1

15. Cutter Mixer (Robot Coupe R201 Ultra) 1

16. Electric Dishwasher (Winterhalter GS41/4) 1

17. Ice Maker (Ice-o-matic) 1

18. Microwave Oven (National) 1

19. Split-type Air-conditioner for the Food Corner area 1

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General Workmanship Requirement and Specifications

The University of Hong Kong

Appendix I - Annex III

GENERAL REQUIREMENTS

Description of the Works

The Works included in this specification comprise generally the provision of all labour,

materials, tools, plants and every item required for the alteration works as listed in the

Schedule of Works and as shown on Drawings.

Materials and Workmanship

Materials and workmanship shall conform to :

i) in respect of building works : General Specification for Building, latest edition issued by

Architectural Services Department, the Government of the Hong Kong Special Administration

Region.

ii) in respect of electrical installation : General Specification for Electrical Installation in Government

Buildings of the Hong Kong Special Administrative Region, latest edition by Architectural Services

Department, the Government of the Hong Kong Special Administration Region.

iii) in respect of air condition installation : General Specification for Air Conditioning, Refrigeration,

Ventilation and Central Monitoring & Control System Installation in Government Buildings of the

Hong Kong Special Administrative Region, latest available edition issued by Architectural Services

Department, the Government of the Hong Kong Special Administration Region.

iv) in respect of plumbing and drainage installation : General Specification for Plumbing and Drainage

Installation in Government Buildings of the Hong Kong Special Administrative Region, latest

available edition issued by Architectural Services Department, the Government of the Hong Kong

Special Administration Region.

v) All works included in this contract are detailed on the drawings and described in the Specification.

The tenderer is requested to quantity and price the attached Schedule of Works (which is not

regarded as complete) and is free to add any items he deems necessary to build up his tender price.

Any works required but not described in this Schedule are deemed to have been included in his

tender price. No claim for any discrepancy of such will be considered. The quantities do not form

part of the contract but the rates will be used for valuation of variations.

Lump Sum Tender

The tender shall be ‘lump sum fixed price’ for the carrying out of the whole of the works in conformity with

the Conditions of Contract, General Requirements, Schedule of Works and Drawings. The Contract Sum

will only be adjusted in the case of variations to the Contract.

Inspection of Site

The location of the works is at .

Site inspection shall be arranged .

The Contractor shall be deemed to have made himself thoroughly acquainted with the conditions under

which the works are to be carried out, means of access, parking and unloading other facilities generally, and

all other matters which might affect this tender as no claim for additional payment on the grounds of lack of

knowledge will be

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entertained.

Access

Access to the Works shall be restricted as shown on the drawings or to be agreed with the Director of Estates.

Execution of the Works

The Works are to be executed with minimal disruption and inconvenience to ongoing activities and facilities

in the building and the programme agreed with the Director of Estates. The Contractor shall provide a

suitably qualified representative who shall be responsible to this Contract, and be vested with adequate

authority to receive and carry out the instructions of the Director of Estates.

Completion of the Works

The works are to be completed and handed over within days after possession of the site.

Working Hours

The Contractor, unless otherwise agreed with the Director of Estates, may only work during the hours of

8:00 a.m. to 6:00 p.m., excluding Sundays, Public and University holidays. Noisy work shall be carried out

on Sundays, Saturday afternoons and Public/University holidays.

Non-Smoking Policy

The University is adopting a non-smoking policy throughout the campus. It is the Contractor’s liability to

ensure that this non-smoking policy is strictly adhered to. The University may take disciplinary measures

should the contractor fail to comply with such regulation.

Materials

All materials, including equipment, products, articles used in the Works, unless otherwise specified are to be

new. Such materials shall not contain hazardous ingredient and shall not emit either hazardous or irritation-

causing substance into the environment.

Dimensions

The Contractor shall be responsible for verifying all dimensions on site and advise the Director of Estates of

any discrepancy between the dimensions shown on drawings and measured on site.

Submittals

Samples and/or catalogues, specimens of colours of materials and equipment are to be submitted by the

Contractor within 14 days of the award of Contract, and are to be approved by the Director of Estates prior

to their use in the works.

Temporary water and electricity

Temporary water and electricity are to be provided by the Employer. The Contractor shall however make his

own arrangement for taking the supply at the point designated by the Director of Estates to the site.

Materials and articles stored on site

The Contractor may store materials and articles on site only as directed by the Director of Estates.

Responsibility for the safe custody of all goods, materials and equipment shall, however, remain with the

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Contractor and no claim whatsoever shall be entertained for damage or theft due to careless handling or

improper storage.

Removal of rubbish

Periodically and upon completion, all rubbish from the Works shall be cleared and carted away to the

satisfaction of the Director of Estates.

Damage and reinstatement

The Works are to be carried out without damage to the existing premises, and if such damage occurs in the

carrying out of the works due to the Contractor's negligence, the Contractor shall make good at his expense,

failing which, the Director of Estates may deduct such sums from payment due to the Contractor for

reinstatement of such damage to be carried out by others.

Work at completion

Upon completion, the Contractor shall:

a) Make good all disturbed/damaged areas consequent upon the work.

b) Clean the Works, including areas of existing premises used for access and/or storage.

c) Leave the works secure with all accesses locked. Account for label, and hand over all keys to the

Director of Estates.

Co-ordinate with Other Works

The Contractor shall ensure that his work is co-ordinated with that of other contractors carrying out work in

the building and shall not cause any disruption to this work.

Site Safety and Practice

The Contractor shall observe all statutory requirements laid down by the Government including those

published by the Labour Department, Environmental Protection Department and the Fire Services

Department.

The Contractor shall with reference to his method of works take such necessary and adequate precautionary

measures to safeguard the health, safety and convenience of the adjacent public. Such precautionary

measures shall include but not limited to the adjustment of the timing, sequence, phasing and extent of his

works, the incorporation of safety provisions such as hoarding, covered walkway, fencing, temporary

protection, exhaust, air conditioning, lighting, and containment of noise, sound, dust, fumes and smell. The

Contractor is responsible to propose the precautionary measures, put them in place, audit their adequacy and

maintain their effectiveness. As part of his basic contractual obligation the Contractor is also required to take

instruction from the University in respect of adding or improving the precautionary measures as the

circumstance requires. Where work is required to be carried out in existing laboratories/plant room/roof of

similar potentially hazardous areas, the Contractor shall pay extra attention to the precautionary measures to

safeguard the health and safety of the adjacent public as well as his staff. Advice shall be obtained from the

user department via the Director of Estates in respect of the potential hazards therein and the special

precautionary measures required to be taken while work is being carried out in the areas. Having obtained

the advice, whether written or verbal, the Contractor shall be deemed to have informed himself of the

potential hazards and to be fully aware of the special precautionary measures he must take while executing

work in the areas.

Building Services Works

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a) The air-conditioning installation shall be carried out by a nominated subcontractor.

b) The electrical and fire services installations shall be carried out by domestic subcontractors.

PARTICULAR SPECIFICATION FOR BUILDING WORKS

The Particular Specification is to be read in conjunction with the General Specification for Building, latest

available edition issued by Architectural Services Department, the Government of Hong Kong Special

Administrative Region, where there are any discrepancies between the requirements of the notes on the

drawings, the requirements of the Particular Specification, and the requirements of the General Specification,

the order of precedence shall be:

1) Drawings

2) Particular Specification

3) General Specification

Carpentry & Joinery Work

Hardwood unless otherwise specified shall be “San Cheung” (Kapore) and weigh not less than 720 Kg per

cubic metre with a moisture content of 20%.

Teak is to be of Burmese or Siamese origin weighing not less than 800 Kg per cubic metre with a moisture

content of 20%, well seasoned, straight grained and light gold brown in colour. The number of growth rings

at any cross-section should less than eight to an inch.

Gypsum wallboard shall be 12.5 mm thick, complying with B.S. 1230, taped and filled at joints.

Composite construction shall comply with the required performance requirement and shall be formaldehyde

free.

Screws for fixing gypsum wallboard to steel and stud shall be 40 mm long, having selfdrilling, self-tapping

threads and heads that compress the face paper without cutting into it.

Corner and edging beads shall be EXPAMET brand or approved equivalent.

Door and doorframe are to be constructed as shown on detail drawings.

Decoration & Redecoration

1. Decoration

a) Preparation of new surfaces – remove all dirt, dust stains, efflorescence, grease and loose

material and prepare new surfaces for decoration as follows:-

b) Plaster, cement render, and similar surfaces – wash down stop, and rub down. Apply one coat

of sealer and then two coats of Emulsion paint or unless otherwise specified.

c) Metal work – chip off and remove all scale and rust, clear with white spirit, allow to

thoroughly dry, then apply one coat of metal primer to zinc sprayed or galvanized iron and

cast iron. Then apply under-coat and finishing coat with gloss paint.

d) Woodwork – knot, prime, stop and rub down surface to be painted with one coat of wood

primer, one undercoat and finishing coat with gloss paint.

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e) Varnish or lacquer and wax polish – rub down and fill surfaces to be stained. Apply two coats

of polyurethane varnish or lacquer and wax polish as specified.

2. Redecoration

a) Preparation of existing decorated surfaces – remove all dust, dirt, stains, efflorescence, grease

and loose material and, unless otherwise specified, prepare existing decorated surfaces for

decoration as follows:

b) Plaster – scrape off the existing paint to original surface with water and remove all loose

materials. Make good all defective works, apply one coat of sealer and two coats of emulsion

paint or unless otherwise specified.

c) Metal work – wash down, scrape off existing paint thoroughly by paint remover, rub down,

knot, prime and stop with epoxy filler. Apply one coat of metal primer, one undercoat and

finishing coat of gloss paint or unless otherwise specified.

d) Wood work – Gloss paint – wash down, scrape off existing paint thoroughly by paint

remover, rub down, knot, prime and stop with epoxy filler. Apply one coat of wood primer,

one undercoat and finishing coat of gloss paint or unless otherwise specified.

e) Lacquer and wax polish – rub down waxed or lacquered surfaces, fill and again rub down to

produce a smooth surface, then apply two coats of lacquer and wax polish. Varnish – wash

down, scrape and rub down thoroughly existing varnished surfaces and bring forward bare

spots. Cracks and holes to be stopped with epoxy filler. Then apply two coats of Polyurethane

varnish in gloss or matt finish as directed.

Particular Specification for Concrete Work

Formwork

Construct formwork to withstand worst combination of the following without bulging or

inducing deflection:-

a) Total weight of formwork, reinforcement and wet concrete.

b) Construction loads, including dynamic effects of placing, compacting and construction traffic.

Joints in Forms

Construct joints to prevent loss of grout, including joints between forms and completed

work.

Cleanliness

Reinforcement to be clean and free of loose mild scale, loose rust, oil and grease at the time of placing

concrete. Any bar found on site to be heavily rusted shall be removed from site, if ordered by the Director of

Estates or his representative.

Inspection

Obtain approval before starting each pour of concrete.

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Vibration

Inform the Director of Estates or his representative of number and type of vibrators to be used. Sufficient

vibrators shall be on site in serviceable condition so that spare equipment is always available in the event of

breakdown.

Insert immersion vibrators at points not exceeding 500mm apart and withdraw slowly. Vibrate until mortar

begins to come to the surface and air bubbles cease to appear. Compact thoroughly around reinforcement,

inserts, etc., with surface type vibration.

Curing and Protecting

During the first stage of hardening, protect fresh concrete from:-

a) Premature evaporation of moisture due to hot water, sunshine, drying winds, etc.

b) Running water.

c) Mechanical injury.

Keep exposed surface of concrete damp for not less than four days, by approved means where specialised

means of curing are adopted. Curing time may be varied by agreement of the Director of Estates.

Cement

Except where otherwise specified, the whole of the cement used in the works shall be ordinary or coloured

Portland cement to BS12, delivered in sealed bags. Obtain prior approval when cement is to be delivered in

bulk instead of in bags. Any cement which has become partially set or has otherwise deteriorated shall not

be used.

Rates for items not specifically mentioned shall be calculated as follows:-

a) Proportional rates

Whenever there are similar items for materials and/or workmanship of similar character, then at rates

equal to or in direct proportion to that item.

b) Agreed rates

When articles, material or workmanship are so dissimilar as not to allow direct proportional

assessment as in (a) above an “agreed rate” shall be calculated.

The labour rate shall be as in the schedule of labour rates on the basis of the net labour wages paid by

the Contractor for the work, and the net cost of material to the Contractor after allowing for waste,

where necessary and deducting all discounts, with an overall addition of 15% (fifteen per cent) to

cover all overhead charges and profit.

LABOUR PER DAY Amount ($)

Male labourer

Female labourer

Excavator

Concretor, Bricklayer, Drainlayer

Mason

Bamboo worker and scaffolder

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Carpenter and joiner

Blacksmith

Steel bender

Structural steel erector

Plasterer

Terrazzo and granolithic worker

Plumber

Fitter

Glazier

Painter

Plant operator (excavator driver, buldozer driver, etc.)

Truck driver

Heavy load coolie

Pneumatic driller

Per 12 hour period (day or night) watchman

Contractor should enter the rates for only those trades which are relevant to this particular contract.

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Appendix II

Draft

THIS AGREEMENT is made on the xxxxx day of xxxxxxxx, 2014.

BETWEEN:-

1. THE UNIVERSITY OF HONG KONG ("The University") of Pokfulam Road, Hong

Kong; and

2. xxxxxxxxxxxxxxxxxxxxxxxx (“The Caterer”), with company number xxxxxx whose

registered office is xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

(each individually as a “Party” and collectively as the “Parties.”)

Introduction

The University is the owner of premises – Level P3, Graduate House, Main Campus, The

University of Hong Kong, of which the designated area as shown hatched in yellow in Annex

I has been designated for catering use (“Postgraduate Hub Cafeteria”). The Parties have

agreed that the Caterer shall operate and manage the catering facility at the foresaid area on

behalf of the University upon the terms set out below.

Agreement

1. Interpretation

In this Agreement, except where the context otherwise requires:

1.1 The University means The University of Hong Kong.

1.2 The Caterer means xxxxxxxxxxxxxxxxxxxxxxx

1.3 The Premises means the area defined and shown hatched in Annex I.

1.4 The Cafeteria means the kitchen and food corner (Rooms P3-09A, P3-09B & P3-10,

Graduate House).

1.5 The Postgraduate Hub means all the kitchen, food corner, main hall, multi-function

room, toilets, store room and other facilities (Rooms P3-07, P3-08, P3-09A, P3-09B

& P3-10 and the toilets and facilities inclusive, Graduate House).

1.6 Employees mean all those persons employed by the Caterer to work in the Cafeteria.

1.7 Utilities means Electricity, Water and any other utilities incurred.

1.7 Foodhandler means any person whose duties involve contact with food or the crockery

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and utensils used for preparing or serving food.

2. Appointment

The University hereby appoints the Caterer, and the Caterer hereby accepts the

appointment, as the manager of the Postgraduate Hub Cafeteria, The University of

Hong Kong during the term of this Agreement.

3. Term

3.1 This Agreement shall commence on September 1, 2014 (tentative date, to be

confirmed) and subject as hereinafter provided shall remain in effect for the period

ending August 31, 2017 (tentative date, to be confirmed). The Caterer shall have an

option to renew for a further term of two years from the expiration, provided it shall

have served upon the University notice in writing of its desires to exercise this option

not less than six months prior to the expiration and that there is no material breach of

this Agreement by the Caterer. Subject to as otherwise agreed between the Parties, the

renewal shall be on the same terms and conditions as this Agreement save and except

the right of renewal.

3.2 The Caterer will carry out the renovation work for no more than four (4) weeks

(tentative, to be confirmed) from August 1, 2014 (tentative date, to be confirmed).

During the renovation period, the monthly fixed fee of HK$8,000 as required under

Clause 9.2 will be exempted.

4. Design and Construction

4.1 The University shall make available the Cafeteria with electricity supply, air-

conditioning, water supply and drainage point terminated at convenient location(s)

inside the premises. All subsequent maintenance, alteration and modification to the

Cafeteria (including service unit) and/or any re-design construction of a new service

unit will be subject to the approval of the Director of Estates and Director of Safety.

5. Opening Hours

5.1 The Caterer is required to provide non-stop service offering breakfast, lunch,

afternoon tea and dinner. The minimum opening hours of the Cafeteria are as follows,

subject to the exceptions given below (Clause 5.2 and 5.3).

Monday – Saturday 8:30 a.m. – 9:00 p.m.

5.2 The daily service is required to be provided except as indicated below:

a) all Sundays;

b) Chinese New Year’s Eve;

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c) the first, second and third days of Chinese New year;

d) Christmas Day on December 25

5.3 Normal service in the Cafeteria shall be suspended when the No. 8 Tropical Cyclone

Warning signal is hoisted or if the black rainstorm signal is in force before 8:00 a.m.

Normal service shall be resumed not later than three hours after the No. 8 Tropical

Cyclone Warning signal or the black rainstorm warning has been lowered, unless this

occurs after 3:30 p.m. in which case service shall be resumed on the following day.

6. Menu

6.1 The menu of the Cafeteria shall meet the following requirements:

(a) it shall consist of a variety of menu with regular rotation;

(b) the number of items per day and the frequency of menu rotation must be in

accordance with the menu as proposed by the Caterer; and

(c) the approved menu could be supplemented by other dishes according to season

and demand, with the agreement of the University.

6.2 The daily menu must be clearly displayed, in both Chinese and English, in the

Cafeteria, in accordance to the menu shown in Annex II (see also Clause 10).

7. Operation of the Cafeteria

7.1 Subject to and in accordance with any general instructions given pursuant to Clause

7.3 by the University, the Caterer shall have the following operational responsibilities:

(a) to manage, operate and administer the Cafeteria and all ancillary services or

facilities therein to the standard agreed between the Parties and in accordance

with the general instructions of the University;

(b) to ensure a high standard of cleanliness and efficiency in the operation of the

Cafeteria, and a high standard of work, dress and behaviour of the Employees;

(c) on a quarterly basis to provide monitoring and analysis of the biological

aspects of the food samples by a laboratory of a recognized standard;

(d) to provide the Employees with an appropriate uniform, including headwear

and to ensure that it is worn on duty;

(e) to comply with all laws, by-laws or regulations in force and governing the

operation of the Cafeteria and employment of the Employees, provided that

those regulations made by the University are notified to the Caterer;

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(f) to be responsible for purchasing of all supplies, additional equipment and

services including, without limitation, all cooking utensils/implements, glass,

crockery and cutlery for the Cafeteria;

(g) to be responsible for the purchase of all food stuffs and other consumable

items;

(h) to settle all salary bills, invoices and other demands for payments associated

with the operation of the Cafeteria including but not limited to cost of utilities,

electricity charge, sewage charges, wastage disposal charges, clearing of

grease traps carried out by the University and manhole water sampling and

generating the corresponding reports;

(i) to administer the Cafeteria and to supervise and be responsible for keeping the

accounts and records of the Cafeteria;

(j) to report all defects of the equipment supplied by the University and any other

furniture and fixtures to the Master of the Graduate House or his representative;

(k) To strictly adhere to the use of non-biodegradable table utensils when serving

food for eating inside the Cafeteria, and to use bio-degradable material instead

of the polystyrene / plastic take-away utensils;

(l) to take all necessary measures to reduce the amount of cooling and grease

entering the effluent stream as advised by the Environmental Protection

Department in the document ‘Grease Traps for Restaurants and Food

Processors’;

(m) to make necessary setting in the Cafeteria in order to cater for the need of the

disabled;

(n) to provide free hot and cold water at the Cafeteria where the supply equipment

has been installed by the University;

(o) to ensure that the Caterer's representative shall attend meetings related to the

management of the Cafeteria when requested by the University with prior

notice;

(p) to co-operate in quality and operational review exercises conducted by or on

behalf of the Committee on Catering or the Master of the Graduate House;

(q) to take appropriate action to procure the safe and timely evacuation from the

Premises of Employees, customers and others in the Premises, in the event of a

fire in the building, and to follow all instructions issued by the Director of

Safety in regard to both fire precautionary measures and evacuation

procedures;

(r) to be responsible for applying of all utilities supplies including but not limited

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to Electricity, Water and Air-conditioning Electricity, etc. at their own cost, if

such provision is not provided by the University; and

(s) to be responsible for providing cashier counter and those relevant items

including but not limited to menu board and cash register, etc. at their own

cost.

(t) to station staff who can communicate fluently in English during all hours of

operation.

7.2 The Caterer shall not

(a) make any major policy change in the operation of the Cafeteria without the

prior approval of the Master of the Graduate House who shall not withhold

such approval without stating the reason(s);

(b) carry out any process or activity which constitutes the Cafeteria to become a

food factory. All food prepared and/or cooked and/or heated is to be sold and

consumed on the Premises. Small scale and genuine take away orders can be

entertained. The Caterer is explicitly not allowed to accept take away orders in

bulk or of a repetitive nature without the prior permission of the University;

(c) display or permit to be displayed inside the Cafeteria any advertisement

material unless approved by the Master of the Graduate House (except as

provided under Clause 23 below); and

(d) display or permit to be displayed any signboard or advertisement material of

any kind on any part of the exterior of the Cafeteria or visible from outside of

the Cafeteria except such as has been approved by the Master of the Graduate

House in writing and then only in a place and in a manner approved by the

Master of the Graduate House.

7.3 The Master of the Graduate House may after prior consultation with the Caterer by

notice to the Caterer give general instructions regarding the operation and

management of the Cafeteria, provided that such instructions cannot in any event take

effect retrospectively or otherwise operate to invalidate or countermand any precedent

acts of the Caterer except in respect of acts of the Caterer which constitute a breach or

default of any previous general instructions given by the University. Any consultation

required under this Clause 7.3 shall be in the form of a meeting attended by the

authorised representatives of both Parties, the deliberations of which shall be minuted

and the minutes agreed by both Parties.

8. Other Special Function Catering

8.1 The Caterer shall be permitted to supply and serve meals, beverages and refreshments

for other functions organized by students or staff of the University in the Postgraduate

Hub (provided this does not disrupt normal catering service) or elsewhere, either on

the campus (subject to approval of the venue by the University) or off the campus.

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8.2 The Master of the Graduate House reserves the right to invite an outside caterer, if

necessary, to provide catering service for some special events held in the Main Hall or

Multi-function Room of the Postgraduate Hub although it may not be often.

8.3 The Caterer shall not make the Premises expressly available for use by persons who

are not members of the University although such persons may patronise the Cafeteria

during normal service hours.

9. Deposit and Charges to be Paid by the Caterer

9.1 The Caterer shall deposit a sum of HK$100,000 with the University to be held in a

non-interest earning account against any outstanding debts after the termination of its

contract (see also Clause 26 below).

9.2 The Caterer shall pay a monthly charge of HK$8,000 or 15% of the sales volume per

month, whichever is the higher, plus a negotiable percentage sharing of the utilities

costs (including electricity and water charges) incurred by the common areas of the

Postgraduate Hub apart from the Cafeteria as a contribution towards the provision of

premises, equipment and facility to the catering facility.

9.3 The monthly fee under Clause 9.2 and the charges under Clause 7.1(h) should be

settled by the Caterer within 30 days upon receiving the respective debit notes issued

by the Finance and Enterprises Office of the University. The Master of the Graduate

House acting on behalf of the Graduate House Committee of Management reserves

the right to impose a 5% surcharge on the overdue amounts should the Caterer default

in prompt settlement.

10. Establishment of Prices

10.1 Prices of all services and provisions, food and beverages sold by the Caterer in the

Cafeteria shall be at the rates shown in Annex II unless variation has subsequently

been agreed by the University.

10.2 Prices may be revised downwards at any time. Price increases may normally be

considered only once a year to take effect from August 1. Proposals must be

submitted at least three months in advance and will be subject to the approval of the

University’s Graduate House Committee of Management. Such increases shall not be

effective earlier than twelve (12) months after the beginning of the term of this

agreement.

10.3 Prices of new menu have to be agreed by the University. A written request shall be

submitted to the Master of the Graduate House for prior approval of new menu and

prices.

11. The Premises, Furniture, Fittings and Equipment

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11.1 The University agrees to permit the Caterer access to and use of the Premises in

fulfilment of the purposes of this contract. The Caterer shall ensure that the Premises

are vacated overnight upon expiration.

11.2 The University and the Caterer agree that the furniture, fittings and equipment

supplied by the University is in accordance with the list at Annex III.

11.3 All the furniture, fittings and equipment supplied by the University shall be kept in

good condition and the Caterer will undertake all necessary repairs to such furniture,

fittings and equipment. The costs of replacements shall be borne by the University

provided that the fault or damage is the result of fair wear and tear with the exception

in Clause 11.6.

11.4 The interior of the Cafeteria and service areas, and all fixtures, facilities and

equipment therein, the external surfaces of the windows shall be kept clean and tidy

throughout the term of the agreement to the satisfaction of the Master of the Graduate

House or his representative. The Caterer shall replace any cracked or broken window

glass/ glass shop-front at his own expense.

11.5 The Caterer shall not leave or cause or permit to be left any furniture, boxes, goods,

articles, rubbish containers or rubbish in areas on the Premises not designated for such

purpose or to cause obstruction whatsoever thereon. The Caterer shall carry out the

pest / rodent control treatment for all areas that have been assigned to the Caterer

under this contract, particularly at the seating area at his own expense. The Caterer is

required to submit monthly pest / rodent control report to Master of the Graduate

House and Director of Estates Office for record; enhancement will be required

according to the actual situation. Further, the Caterer shall be responsible for daily

sweeping and cleaning of the entire Postgraduate Hub area (including the Cafeteria,

Main Hall, Multi-function Room and Toilets) at his own expense (tentative, to be

negotiated and confirmed between the University and the Caterer).

11.6 The Caterer shall be responsible for the cost incurred in replacing any wash basin or

sink including water taps within the Cafeteria and the associated area(s) have been

granted which have been broken or damaged by fair wear and tear or in clearing

regularly any drains or sewers, filters / grease trap, floor drain that may have become

choked or stopped through carelessness and undertake other recommended routine

maintenance for the Cafeteria’s proper operation.

11.7 The Caterer shall not make any alterations to the Cafeteria nor remove any of the

fixtures or fittings in the Cafeteria and the associated area(s) without the prior consent

in writing of the Director of Estates and shall not damage any of the walls, floors or

ceilings thereof. Any alterations made or any fixtures removed without prior consent

shall be reinstated as they originally existed before the Caterer vacates the Premises at

his own cost; or in default of such action, the Director of Estates may carry out the

work and all costs so incurred will be deducted from the deposit held by the

University.

11.8 Before the Caterer vacates the Premises, he shall make good at his own cost the

Cafeteria, rooms for the washing-up facilities, refuse storage / disposal purpose, and

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general storage purposes, if required by the Director of Estates.

11.9 In regard to hydro-vent system / exhaust hood / water scrubbers and/or electrostatic

precipitator, kitchen equipment and appliances including cooking equipment, no

matter if they are provided by the Caterer themselves or provided by the University,

the Caterer shall take responsibility for proper use, regular cleaning, and routine

maintenance / repair (including the repair by relevant vendor of the equipment) etc.

throughout the contract period at Caterer’s own expense. The Caterer should maintain

all items in good condition anytime throughout the contract period to prevent the

spreading of cooking fume / oily smell and odour outside the kitchen. The Caterer

shall carry out monthly cleaning with suitable and adequate cleaning agent(s) for all

equipment throughout the contract period. Monthly cleaning and maintenance report

is required to be submitted for inspection and record. In case damage to University

provided equipment was found, the Caterer should immediately report to the Master

of the Graduate House and the Director of Estates. The cost of equipment

replacement for University equipment shall be borne by the University provided that

the replacement is caused by fair wear and tear. If the defect and damage is caused by

misuse and carelessness of the Caterer, the Caterer shall be responsible for the

replacement cost.

11.10 Maintenance of electricity supply, ventilation, air-conditioning, gas (if applicable) and

water supply that is originally installed by the University will be untaken by the

University’s Estates Office.

11.11 The Caterer shall undertake all in-way work as required to make way for any

maintenance or repair work undertaken by the University, and shall also undertake all

cleaning work as required prior to such maintenance/repair work.

11.12 The Director of Estates or the Master of the Graduate House or the Director of Safety,

or any person or persons authorised by any one of them, shall be permitted at any time

to enter and view the Cafeteria, its entrances and exits, its fittings and other items and

to take an inventory of the furniture, fittings, and equipment therein and to do any

repair or other work for the University.

11.13 Upon the expiration or termination of the term of this agreement, the Caterer shall

deliver to the University vacant possession of the Cafeteria, together with all those of

its furniture, fittings and equipment belonging to the University in a condition

satisfactory to the Director of Estates.

12. Food hygiene, health and safety

12.1 The Caterer shall submit a plan to the Director of Safety to indicate how food hygiene

and safety can be achieved by spelling out the standards, the resources to be allocated,

the organization plans and supervision required to achieve such objectives. This plan

will form part of the criteria for periodic assessment and assessment for contract

renewal (where applicable).

12.2 The Caterer shall inform both the Master of the Graduate House and the Director of

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Safety of food poisoning incidents or suspected food poisoning incidents once these

incidents have been reported by its employees or customers.

12.3 The Caterer shall extend full cooperation to enable the University to acquire

information and results from the Government Departments or other agents pertaining

to any inspection, investigation or biological analysis of swab samples or food

samples carried out for the evaluation of the health and hygiene standard or for the

investigation of food poisoning outbreak.

12.4 The Director of Safety or his representative shall have the right to check, inspect, view

the Premises at any reasonable time without prior notice and the Caterer shall provide

information and assistance to facilitate the inspection and check.

12.5 The Caterer shall provide to the Graduate House and the Safety Office a copy of all

inspection records and results of the Food Environmental Hygiene Department or

Health Department, Fire Services Department and Environmental Protection

Department as soon as these documents are received.

12.6 For pre-packed food items sold at the Cafeteria, the Caterer shall notify the University

of the names and addresses of such food factories in which the food items are

prepared, processed, cooked or assembled for subsequent delivery to the University. It

is understood that only pre-packed food items which are prepared by these food

factories are supplied to the University. The University shall be notified should

deviation take place.

12.7 The Caterer shall grant explicit permission and facilities for representatives of the

University to inspect and visit all the food factories mentioned in Clause 12.6 at all

reasonable times with or without prior notification.

12.8 The Caterer shall provide copy of the inspection reports of all visits made by the Food

Environmental Hygiene Department to such food factories. Such copies are required

to be sent to the Director of Safety at fax 2858 7159 and by post within 24 hours upon

receipt of such reports.

12.9 The Caterer shall provide upon request by the University the delivery schedules of the

food items mentioned in Clause 12.6 and agree to adjust the delivery schedule in such

a manner to ensure the freshness and hygiene of the food items. The Caterer is

required to demonstrate that there are sufficient chilled/cold storage facilities to be

provided in the Cafeteria to cater for the quantity of such delivery schedules.

12.10 The Caterer shall observe instructions and advice given by the Director of Safety or

his representative on all matters relating to food hygiene, general health and safety

standard, cleanliness, and pest control schedules, and rectify the related problem

within a time frame specified by the Director of Safety.

12.11 The Caterer shall on a regular basis arrange at its own cost food samples for biological

analysis by a recognized laboratory.

12.12 The University may appoint a recognized independent external auditor and laboratory

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to conduct regular food and environmental hygiene audit to the Restaurant, including

food and environmental samples for biological analysis. The Caterer is responsible to

bear the cost of the audits of which the rate of the audits is determined based on the

appointment of the auditor via an open tender exercise conducted by the University.

The Caterer is also responsible to bear the cost of any re-sampling and testing in case

the samples were reported as below the statutory standard as stipulated by respective

Government authorities.

12.13 All Foodhandlers and persons in-charge of Foodhandlers shall attend a food hygiene

class organised by the University Health Service (UHS), or the Food and

Environmental Hygiene Department, or an external provider recognized by the Food

and Environmental Hygiene Department annually. If such food hygiene classes are

provided by the Caterer internally, the qualification of the trainers and the context and

content of the classes must be reviewed and recognized by the Director of Safety.

13. Fire Safety

13.1 The Caterer in consultation with the Director of Safety shall submit a fire safety plan

to the Director of Safety for approval for the safety of its employees and customers of

the Cafeteria in case of fire and other emergency.

13.2 The Caterer shall provide resources and training to ensure that the fire safety plan is

implemented effectively and in addition shall observe the fire safety procedures of the

University.

13.3 As a fire safety procedure, the Caterer shall take the following measures:-

(i) when the fire alarm of the Cafeteria/Postgraduate Hub is on:

(a) stop immediately any transaction at the cashier;

(b) stop immediately service at the serving counter;

(c) announce over the public address system, if installed, “The Fire Alarm is

On. Please Evacuate.”, and at the same time prompt the customers to

evacuate; and

(d) shut off the power supply to the stoves or other cooking devices and

equipment.

(ii) when a fire is found to occur in any parts of the Cafeteria:

(a) raise the alarm;

(b) break the manual call point; and

(c) dial 999.

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13.4 The Caterer shall make every effort to co-operate with the Director of Safety and to

participate in a fire drill. When the fire alarm is on in a fire drill, the same procedure

of evacuation as in Clause 13.3(i) should be followed. The Caterer shall not claim any

loss of earning or damage as a result of a fire drill or a false alarm.

14. Security

14.1 Security of the Premises shall rest solely with the Caterer who shall ensure that all

equipment is left in a safe condition at the end of each working day and that the

Cafeteria is left in a secure condition.

14.2 Should the Caterer determine that additional security devices are required to the

entrance doors, windows, etc., he shall submit a list of such requirements to the

Director of Estates for approval. If the Director of Estates agrees to the proposals, the

Caterer may install such additional devices at his own cost and should leave such

devices in place together with all relevant keys, when he vacates the Premises.

14.3 The Caterer shall deposit with the Director of Estates, for safe keeping, a spare key for

each of the new locks so installed.

15. Refuse Collection and Disposal

15.1 The Caterer shall be responsible for the refuse collection and disposal from the

Postgraduate Hub no matter whether the refuse and waste arise from his operations

and customers’ consumptions or not, and for the daily cleaning of the Postgraduate

Hub area, with water and disinfectant.

15.2 The Caterer shall be required to share the expenses arising from additional cleaning

for the refuse room/area.

16. Employment of Staff for the Cafeteria

16.1 The Caterer shall employ such Employees as are required for the proper and efficient

operation and management of the Cafeteria and the Employees shall be employed by

and paid by the Caterer. The University shall not be liable to the Employees for

wages or compensation nor in any respect as their employer.

16.2 The Caterer shall include meal time for their employees as paid working hours.

16.3 The Caterer shall offer their employees at least the statutory minimum wage stipulated

by the Hong Kong Government or the average monthly salaries or the hourly wages

equivalent of that rank as specified in the latest available Census and Statistics

Department (CSD) Quarterly Report of Wage and Payroll Statistics (Restaurants / Fast

Food Shops), whichever the higher. This shall apply specifically to the employees of

the Caterer at the rank of “Miscellaneous non-production workers” as stated in the

aforementioned CSD Quarterly Report.

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16.4 The Caterer shall employ only persons who are legally entitled to be employed in

Hong Kong.

16.5 The Master of the Graduate House or his representatives may at any time/place and at

full and absolute discretion of the University under confidential arrangement

randomly interview any employee of the Caterer in person only for compliance check

on policy and terms of the respective employment.

16.6 The Caterer shall ensure full compliance with the relevant Food Business Bylaws, and

place restriction on employment of person likely to spread disease (Bylaw 24).

16.7 The Master of the Graduate House or the Director of the UHS may require a

Foodhandler to undergo a medical examination or stool test for infectious diseases.

The Caterer shall remove from foodhandling duties any Foodhandler who refuses to

comply with such a requirement.

16.8 The Caterer shall remove an Employee from foodhandling duties if the Director of the

UHS or the Master of the Graduate House so requests on the grounds of a suspected

infection.

16.9 The Caterer shall ensure that good personal hygiene is followed by all Employees.

16.10 The Caterer shall ensure that all Employees while on duty wear staff identity card

issued by the Caterer.

16.11 The Caterer shall forthwith, on receipt of a written request from the Master of the

Graduate House, remove from duty any Employee who, in the opinion of the Master

of the Graduate House in his sole and absolute discretion has engaged in behaviour

detrimental to the interests of the University.

16.12 The Caterer should arrange, at anytime during their operation, at least one employee

who can communicate fluently in English in the Cafeteria.

17. Supervision and Monitoring

17.1 The University's Graduate House Committee of Management is responsible for

advising the catering policy. The Master of the Graduate House is empowered to act

for the University in regard to the implementation of this contract.

17.2 The Caterer shall cooperate with the Master of the Graduate House, the University's

Graduate House Committee of Management, including its subcommittees, in

ascertaining student opinions on service and food in the Cafeteria and shall ensure that

any faults or weaknesses are remedied without delay.

17.3 The Caterer shall entertain comments and complaints from users of the Cafeteria and

respond to them quickly and appropriately.

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17.4 The Caterer shall supply the University with the following:

a) on a quarterly basis, a complete staff list giving name, duties and wages

information of each Employee; and

b) on a monthly basis, a record of sales for the previous month.

17.5 The Caterer or a member of his senior management staff will, when requested, attend

meetings of the University's Graduate House Committee of Management and of

appropriate Sub-committees and Consumers' Group.

17.6 The Caterer shall comply with the instructions given from time to time by the Director

of Safety relating to new rules and laws on food hygiene and safety in Hong Kong.

18. Licences and Permits

18.1 The Caterer shall as soon as practicable after the commencement of this Agreement

and thereafter from time to time advise the University of any Restaurant Licence,

Liquor Licence, Effluent Licence and other licences and permits required for the

operation of the Cafeteria. Subject to Clause 18.2, the Caterer shall on behalf of the

University and on its own behalf and in each case at the expense of the Caterer apply

for in the name of the University or when necessary in its own name and shall procure

and maintain throughout the currency of this Agreement all licences and permits so

required, except if there are structural alteration works involved, which in these cases,

the University shall be responsible for such works.

18.2 The University agrees to execute and deliver any and all applications and other

documents and to otherwise co-operate to the fullest extent with the Caterer in

applying for, obtaining, and maintaining such licences and permits. The Caterer shall

upon the termination of this Agreement surrender all licences and permits obtained

pursuant to the provision of Clause 18.1 to the respective Government authorities and

inform the University.

19. Temporary Closure of the Cafeteria

19.1 The University shall be entitled to close, and the Caterer shall permit and cooperate in

closing the Premises or any part thereof for any period necessary

(a) for redecoration or reconstruction provided that not less than two (2) months'

notice of such closure shall be given by the University to the Caterer after

discussion with the Caterer and that the period allowed for redecoration or

reconstruction shall be agreed by both Parties; and/or

(b) to deal with any emergency immediately without notice.

19.2 The University shall not be responsible for any loss of income nor for any additional

expense incurred by the Caterer as a result of such temporary closure. For any

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continuous period of total closure of more than three days, the monthly charge of

HK$8,000 per month as required under Clause 9.2 shall be reduced proportionately

for each complete day of total closure.

20. No Smoking Areas

Under the Smoking (Public Health) (Amendment) Ordinance, it is an offence to

smoke anywhere within the boundary (indoors and outdoors) of the University

campus. The Caterer has the responsibility to make sure that no tobacco smoking

occurs in areas within their control.

21. Supporting Equal Opportunity

The Caterer shall support the University’s commitment to promote equal opportunity

and to comply with the relevant legislations and codes of practice. The Caterer will

ensure that its staff would provide the same quality of services to all including persons

with a disability and persons of different races. It will also provide reasonable

accommodation to meet the needs of persons with a disability and will ensure that its

Premises are accessible to persons with a disability.

22. Environmental Protection

(a) The Caterer shall support the University’s commitment to environmental

protection and to comply with the relevant legislations and codes of

practice. The Caterer shall ensure noise and smell problems arising from the

catering operation are kept to a minimum level. All disposable utensils must

be biodegradable and use of them should be discouraged as far as possible.

The Caterer shall also strictly adhere to the use of non-disposable table utensils

when serving food for eating inside the Cafeteria. Exemption may be given

upon prior consent by the Master of the Graduate House via written

application.

(b) The Caterer is responsible for the collection, handling and delivery of the food

waste generated in his operation to a professional and licenced organic waste

handler or the Government Organic Waste Treatment Facilities for further

processing and refrain from removing the food waste from the premises as

general garbage. The Caterer is responsible to bear the related costs incurred in

such collection, handling and delivery of the food waste.

23. Advertising by the University

The Caterer shall accept and display reasonable amounts of advertising material from

the University, the Postgraduate Students’ Association, the Graduate House

Management and the Graduate House Residents’ Committee.

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24. Obligations

24.1 Obligations of the Caterer

The Caterer shall:

(a) be responsible for the renovation of the Premises (that must include the

removal of the wall of the Food Corner facing the Main Hall), which shall last

for no more than four weeks and end by 31 August 2014 (tentative date, to be

confirmed), in close consultation with the University from time to time;

(b) pay for the renovation of the Premises, purchase and installation of any new

equipments and re-organization of any equipments provided by the University;

(c) exercise reasonable control over the implementation of the renovation work (if

any);

(d) responsible for the repair and maintenance of equipment as per Annex III

except for the air conditioning system and other fixed items, fixtures and

fittings supplied by the University (see also Clause 11);

24.2 Obligations of the University

The University shall:

(a) provide the Caterer with such information as may be necessary from time to

time to identify the persons who may be served with meals in the Premises as

aforesaid;

(b) pay all land rates imposed or charged in respect of the Premises; and

(c) replace the equipment provided by the University as necessary for the same

found damaged due to the wilful or negligent conduct of the members of the

University on the Premises (see also Clause 11).

25. Insurance

25.1 The Caterer shall, at his own expense, insure and at all times maintain adequate

insurance against public and employer's liability, workmen's compensation, fire, theft,

fidelity and other such customary risks in respect of the Employees, the Cafeteria, the

Premises, the contents thereof and their operation as is prudent. For Public Liability

Insurance Policy in respect of the use and occupation of the Premises by the Caterer,

such insurance shall include both the University and the Caterer as joint beneficiaries,

with indemnity of up to HK$20 million per case. Neither Party shall take or omit to

take any action which may prejudice or invalidate any such insurance.

25.2 The Caterer shall submit to the Master of the Graduate House copies of the insurance

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policies and evidence of payment of insurance premiums.

26. Deposit and Indemnity

26.1 The Caterer shall pay to the University a deposit of HK$100,000 which the University

shall retain in a non-interest earning account throughout the currency of this

Agreement. The University may without prejudice to any other right or remedy

deduct therefrom the amount of any costs, expenses, loss or damages sustained by the

University as a result of any non-observance or non-performance by the Caterer of any

stipulations, terms and conditions contained therein. Subject as aforesaid the

University shall refund to the Caterer the deposit (or the balance thereof) within one

month after the expiration or earlier termination of this Agreement or within seven

days of the settlement of the last outstanding claim by the University against the

Caterer in respect of any breach, non-observance or non-performance of any of the

said agreements, stipulations, terms or conditions herein contained and on the part of

the Caterer to be observed and performed whichever is the later.

26.2 The Caterer shall indemnify the University for any and all losses, cost, claims and

expenses incurred or suffered by the University as a result of breach by the Caterer of

its obligations there under or any act, omission or default of the Caterer, its Employees

or agents and losses, costs, claims and expenses arising as a result of or in connection

with the operation of the Cafeteria or otherwise in respect of the Cafeteria including

without limitation in respect of any claims made against the University for food

poisoning or the lack of appropriate operating licences.

27. Termination

27.1 The University may terminate this Agreement by seven (7) days written notice to the

Caterer if the Caterer shall have breached any provision as specified below, and such

breach has continued unremedied for a period of thirty (30) days after written notice

specifying the breach has been given:-

(a) the presentation of any petition or the passing of any effective resolution for

the winding-up of the Caterer (save in the case of a reconstruction or

amalgamation) or any similar event or circumstances; or

(b) the making by the Caterer of a composition with its creditors generally; or

(e) the appointment of a receiver over all or any substantial portion of the

undertaking, property or assets of the Caterer; or

(f) the holder of any security of the Caterer entering into possession of all or any

substantial portion of the undertaking, property or assets of the Caterer; or

(g) the Caterer ceasing to carry on its business or its operations or any substantial

part thereof; or

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(h) the Caterer being shown to have taken, offered or given any secret or illegal

profits or commission constituting an offence under the laws of Hong Kong

for the time being;

(i) the Caterer being shown to have used the Cafeteria or other premises or

facilities of the University for unauthorised business or activity; or

27.2 The University may terminate this Agreement by seven (7) days written notice to the

Caterer if the Caterer fails to settle the outstanding account with the University within

thirty (30) days after the issuance of a warning letter about the possible termination of

the catering contract with the University.

27.3 Other than the circumstances as stipulated in Clauses 27.1 and 27.2 above by which

this Agreement may be terminated by a seven (7) days written notice, either Party may

terminate this Agreement for any other reason by giving the other not less than four

months notice of termination.

27.4 On termination of this Agreement the Caterer shall:

(a) subject to Clause 14.2, remove from the Premises all utensils, equipment

(except those listed in Annex III) as well as other fixtures and fittings installed

or provided by the Caterer within seven days of such termination;

(b) attend a meeting with representatives of the University to inspect the Premises

and the equipment prior to vacating the Premises;

(c) vacate the Premises and leave the University's equipment, fixtures and fittings

in good, clean and tenantable condition (fair wear and tear excepted); and

(d) be responsible for the cost of all reinstatement works deemed necessary to the

Premises by the University.

27.5 Any termination of this Agreement shall be without prejudice to the rights of either

Party which may have accrued.

28. Fines

Failure by the Caterer to satisfy any of the conditions of this contract shall be reported

to the Graduate House Committee of Management. The Master of the Graduate

House acting on behalf of the Committee may impose a fine of not more than

HK$5,000 in respect of each occasion on which the Master of the Graduate House

decides that the conditions of the contract have not been satisfied and for which the

Caterer does not provide an acceptable reason.

29. Suspension of Operations

The University may suspend the operation of the Caterer with immediate effect in

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case of a serious hygiene or safety problems or contravention of any laws. Resumption

of operation will be decided by the University when it is satisfied that the Caterer has

corrected the relevant problems or that the Caterer has complied with the relevant

laws.

30. Declaration of Interest

The Caterer is required to declare whether any of his/her family and other relations

and/or close friends are working in the University whereby their loyalty to the Caterer

may conflict with the interests of the University. The Caterer if operating in the name

of a company will also need to disclose the names of all directors, and, if any of the

directors is a company, the names of all directors of the holding company and make

such declaration. The declaration requirement is enforceable during the entire

currency of the Agreement.

31. General

31.1 The Caterer shall not assign or transfer any right, benefit or interest in this Agreement

without the prior consent of the University.

31.2 This Agreement constitutes the entire agreement between the Parties in respect of the

matters herein and supersedes any prior Agreement, negotiations and representations

made between the Parties. Any variation of this Agreement must be in writing signed

by both Parties to be effective.

31.3 This Agreement shall not give rise to a partnership between the Parties.

31.4 Neither Party shall be liable for failure to comply with its obligations hereunder if

such failure is due to fire, flood, riot, civil commotion, war, natural disaster or like

cause beyond the control of the Party concerned.

31.5 Notices shall be sufficiently served if delivered personally or sent by registered post,

telex, fax or cable to the registered office of the Caterer or in the case of the

University to the address set out in this Agreement or in either case such other address

as may be notified to the other Party from time to time.

31.6 Any notice posted shall be deemed received forty-eight (48) hours after the time of

posting and notice given in any other manner shall be deemed received at the time

when in the ordinary course it could be expected to have been received.

31.7 Any waiver of any breach by either Party shall be given in writing and shall not

constitute a continuing waiver thereof or a waiver of any future breach of such

provision or of any other provision hereof.

31.8 The Caterer will make every effort to avoid giving the impression that his operation is

administratively part of the University.

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31.9 This Agreement shall be governed by and construed in accordance with the laws of

Hong Kong Special Administrative Region and the courts of Hong Kong Special

Administrative Region shall have non-exclusive jurisdiction for all claims arising

from this Agreement.

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SIGNED by )

for and on behalf of )

THE UNIVERSITY OF HONG KONG )

in the presence of:- )

and RECEIVED on or before the day and year first above )

written from the Caterer the sum of HONG KONG )

DOLLARS ONE HUNDRED THOUSAND ONLY )

(HK$100,000) being the deposit money above expressed )

to be paid by the Caterer to the University. )

SIGNED by )

for and on behalf of )

XXXXXXXXXXXXXXXXXX )

) __________________________

in the presence of:- Title:

Witness: Signature:

Name:

Occupation:

Address:

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Appendix III

THE UNIVERSITY OF HONG KONG

GRADUATE HOUSE

Tender Exercise for the Operation of

Postgraduate Hub Cafeteria at No. 3 University Drive

Tender Form

1. I/We hereby tender for the franchise to operate the following catering facility located in

Graduate House, Main Campus, The University of Hong Kong, Pokfulam:

Postgraduate Hub Cafeteria (located in the Postgraduate Hub on Level P3,

Graduate House) (72.43 sq.m.)

2. I/We understand that subject to satisfactory performance and review, the contract is

possible to renew for a further two years.

3. I/We hereby enclose a proposal on the operation of the said catering facilities including all

those matters listed in the Information for Tenderers, and certify that all information

provided herein is truthful and accurate.

4. I/We understand that a monthly charge of HK$8,000 or 15% of the sales volume per month,

whichever is the higher, plus a negotiable percentage sharing of the utilities costs (including

electricity and water charges) incurred by the common areas of the Postgraduate Hub apart

from the Cafeteria are payable to the University as a contribution towards the provision of

premises, equipment and facility to the catering facility.

I/ We also understand that I/we are responsible for cleaning up the Postgraduate Hub

including its self-contained toilets to ensure a clean and tidy environment. (tentative, to be

confirmed after negotiating with the Caterer)

_______ % sharing of the utilities charges of the common areas of the Postgraduate Hub

apart from the Cafeteria

(Please use separate sheet to elaborate if necessary)

/…5

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5. I/We understand that the renovation works and the investment to set up the cafeteria

including the kitchen and food corner will be solely borne by me/us.

6. If my/our tender is accepted, I/We will, when requested by the University in writing so

to do, deposit with the Finance & Enterprises Office of the University as an earnest of

my/our intention duly and faithfully to perform my/our obligations hereunder the sum

as set out in the Information for Tenderers, and such deposit will be held under the

terms contained in the Agreement.

7. I/We agree to abide by this tender for a period of ninety (90) days from the date fixed for

its receipt and agree that it may be accepted at any time within that period leading to an

agreement by contract to operate the above catering facility of The University of Hong

Kong.

8. I/We understand that The University of Hong Kong is not bound to accept the highest

or any tender at all.

9. I/We hereby enclose a financial reference/statement of my/our Company.

10. I/We understand that The University of Hong Kong is a scheduled public body and all

University appointees are subject to the Prevention of Bribery Ordinance.

11. I/We will declare whether any of our family and other relations and/or close friends are

working in the University whereby their loyalty to us may conflict with the interests of

the University. If I/We are bidding in the name of companies, we will also disclose the

names of all directors, and if any of the directors is a company, the names of all

directors of the holding company and make such declaration.

/…12

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12. I am/We are duly authorized to sign tenders for and on behalf of

(name of Company)

trading in Hong Kong under the style of

(status of incorporation)

Registered address of the Company:

Name of person signing this tender:

Position in the Company:

Registered Address:

Signature:

Date:

Company Chop:

Name of witness:

Occupation:

Address:

Signature of witness:

Date:

13. This tender is dated

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Appendix IV

Tender No. 31152

Name of Caterer: ___________________________________________________________________

1 Background of the company:-

a.      Name of Holding Co. / Group

b.      Year of Operation

Experience at institutions or similar:-

c.      Name of institution / organization

(Operation period)

2 Proposed Mode of Operation

3 Proposed operation hours

4 Onsite Staffing:-

a.      Proposed number of catering staff

b.      Proposed number of servicing staff

c.      Management (inclusive in a & b)

5 Planning and Total Investment (HK$):-

6 Proposed contribution by HKU (HK$)

Percentage of this amount to Total Investment

7Estimated annual turnover and Pricing Policy:-

a.      Estimated annual turnover HK$

b.      Gross Profit %

c.      Profit before Tax %

d.      Pricing Policy

8

Monthly fee: HK$8,000 or 15% of turnover, whichever is higher, AND

9 Human Resources Policy:-

a.      Recruitment Policy

b.      Training Programmes

c.      Non-skilled workers min. wages

10 Food Hygiene & Safety Management:-

a.      Cleaning Schedule, etc.

b.      Food Hygiene, etc.

c.      Pest Control Schedule, etc.

d.      Others

11 Measures to protect environment:-

12 Corporate Social Responsibility:-

13 Equipment Maintenance

14 Any other remarks

Note :

1. please complete the above pro forma in paper copy and provide a computer file copy on a floppy / compact disc / DVD

2. you may use separate sheet(s) if needed

Tender Exercise for the Operation of Postgraduate Hub Cafeteria - Quick Summary

Monthly fee plus a negotiatiable % sharing of

utilities charges of the common areas of the

Postgraduate Hub (apart from the Cafeteria) to

HKU:-

Percentage sharing of utilities charges of the common areas of the Postgraduate Hub apart from the

Cafeteria (Tenderer proposes ____________%)