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Riyadh Schools Development - VT Proposal
Riyadh Schools Development - VT Proposal
Riyadh Schools Development - VT Proposal
ZFP
Cundall Johnston & Partners LLP 4th Floor 15 Colmore Row Birmingham B3 2BH Tel +44 (0)121 262 2720 www.cundall.com
Riyadh Schools
Revision: -
26/10/2023
X
Partner 1
Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 2 of 8
Riyadh Schools
3.4 We have based our identified fees on the scope 5.1.3.1 an aggregate limit of indemnity of
of services and duties set out in Appendix A the amount stated in 5.1 covering
which we consider will meet the specific needs direct losses only applies; and
for this Project. Please validate that this scope 5.1.3.2 indirect and consequential losses
aligns with your expectations or requirements. are excluded.
3.5 In the delivery of our services should there be 5.2 To safeguard the long-term security and
any delay, disruption, change or prolongation to existence of Cundall for all our clients, and
the programme identified in 2.4 on which we importantly for you with the view of ensuring that
have based our fee and resourcing, we reserve any claims are able to be met by continuity of
the right to re-assess what effect such may have insurance cover, the liability of Cundall under or
on our fee and/or adjust the programme to take in connection with this Agreement whether in
account of such effect on our input or any stand- contract or in tort, in negligence, for breach of
down/re-start cost. statutory duty or otherwise shall be limited to the
3.6 In order for us to commence any services to be aggregate amount of professional indemnity
delivered against this fee proposal the appointing insurance stated in clause 5.1 above save that::
Client must return the letter and Invoicing
Information Form included at the end of this
Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 3 of 8
Riyadh Schools
5.2.1 in respect of any claim which falls into 7.4 In the event of non-payment of our fees, your
sub clauses 5.1.1 to 5.1.3 Cundall’s personal data may be released to third party
liability shall not exceed the lesser of the credit reference agencies and/or legal debt
amount stated in sub clauses 5.1.1 to recovery agents where such measures are
5.1.3 respectively or the amount, if any, relevant and necessary to protect our financial
recoverable by Cundall by way of an position. We shall be entitled to terminate this
indemnity against such types of claim appointment with immediate effect if we become
under our professional indemnity aware of any activity by the Client, its affiliates or
insurance in force at the time that the representatives that involves or relates to fraud,
claim or (if earlier) circumstances that the proceeds of crime, bribery, corruption or any
may give rise to the claim is reported to other similar matter or circumstance (including
our insurers; and, any investigation under the Bribery Act 2010) or if
we become aware of any activity which
5.2.2 Cundall’s liability in respect of any claim
contravenes the Modern Slavery Act 2015 or if
for losses which fall outside of the terms
we become aware of any relevant sanction,
of our professional indemnity insurance is
prohibition or restriction under United Nations
fully excluded.
resolutions or the trade or economic sanctions,
5.3 We require that limitations noted within 5.2 shall laws or regulations of the European Union,
be stated as a financial cap on liability in any Australia, United Kingdom or United States of
bespoke terms and conditions and in any America.
collateral warranty that we may agree.
7.5 We shall be entitled to suspend any or all
5.4 We further require that a net contribution clause, obligations and/or terminate our appointment
limiting our liability to that for which we are under this fee proposal without cause in any
responsible is to be included in our Appointment. event upon 7 days prior written notice to the
Client.
Hourly Rate Charges 7.6 In connection with the Project, both parties and
6.1 The following hourly rates will apply in the event their personnel, to the extent applicable, agree to
of any additional or varied work being instructed comply and will use reasonable endeavours to
by the Client for which a lump sum is not procure that their sub-consultants and sub-
otherwise agreed: contractors shall comply with the Data Protection
Act 2018 and any other applicable data
Partner - £175.00 protection laws and in particular each undertake
Associate - £135.00 to keep any personal data obtained (as defined in
the said Act) in connection with the Project,
Principal Engineer - £115.00 confidential and secure. Both parties agree not to
Senior Engineer - £100.00 use any personal data for any purpose other than
in connection with the Project.
6.2 The above rates are subject to inflationary review 7.7 Our privacy policy in relation to the processing of
annually on 1st July and such must also be stated any personal data can be found at:
as applicable in any appointment. https://www.cundall.com/legal/privacy-policy
Other Terms and Conditions 7.8 We may transfer personal data outside of the
European Economic Area (EEA) to one of our
Applicable to our Offer numerous entities around the world. We have put
7.1 The content of this proposal is subject to in place adequate safeguards in the form of
Cundall’s copyright and is issued on a agreements with our overseas entities which
confidential basis to the Client for their use only reflect the European Commission’s model
in considering Cundall’s offer. It relates solely to contractual clauses governing such transfers.
this project and should not be taken as 7.9 The Building Safety Act (the “Act”) was enacted
representative of a Cundall offer in respect of any on 28 April 2022 and much of the detail as to how
other or subsequent project Cundall may be the Act should be implemented will be set out in
requested to provide an offer for. regulations not yet published therefore our fees
7.2 All fees quoted in this fee proposals exclude VAT cannot and do not include any additional or
but are inclusive of normal expenses and amended services to those listed in this fee
reasonable disbursements incurred in carrying proposal that are necessary to achieve
out these duties (except those of third-party compliance with the Act or any subsequent
disbursements commissioned on behalf of the regulations and both this fee proposal and our
Client). fees will have to be amended once this is known.
7.3 This fee proposal remains valid for 3 months from 7.10 In accordance with the Construction (Design and
its date of issue. Management) Regulations 2015, you as the
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Riyadh Schools
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Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 6 of 8
Fee Proposal Acknowledgement and Acceptance Form
Cundall Date:
4th Floor 15 Colmore Row
Birmingham B3 2BH
We accept the terms of the fee proposal submitted by Cundall dated 26 October 2023 in respect of Vertical
Transportation Consultancy services, and this letter confirms our instructions to you to commence the services set out
in the fee proposal mentioned above.
We return your Client Invoicing Form which we have completed, and we acknowledge that in certain circumstances
our financial standing will be checked and verified, and may require further discussion, such as, fees to be paid in
advance or the provision of a Parent Company Guarantee.
By continuing to give you instruction(s) to carry out work, to deliver our Project requirements and brief, we accept that
the work shall be on the terms set out in the fee proposal.
We confirm that you may invoice for your services on a monthly basis under the terms set out within the fee proposal.
We confirm that the signatory below has authority to instruct on our behalf on the basis of this fee proposal.
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CLIENT INVOICING INFORMATION FORM
PROJECT:
CLIENT DETAILS
Name of Client/Employer (full company name
where relevant):
Telephone number:
Email address:
Client Type: (Cundall to complete) 01 – End User 02 – Main Contractor 03 – M&E Contractor 04 - PM
Job Title:
Address:
Telephone number:
Email address:
Bank address: 31 Holborn, London, EC1N 2HR International Branch, London EC3M 4BA