Riyadh Schools Development - VT Proposal

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Riyadh Schools

ZFP

Fee and Scope Proposal for Vertical


Transportation Consultancy Services

Date of Proposal: 26 October 2023

Cundall Johnston & Partners LLP 4th Floor 15 Colmore Row Birmingham B3 2BH Tel +44 (0)121 262 2720 www.cundall.com
Riyadh Schools

Job Number: 1040952

Doc Ref: VT Fee Proposal

Revision: -

Date: 26 October 2023

Fee Proposal Validation

26/10/2023

X
Partner 1

Signed by: Graham Barker

Proposal version: V23-3

Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 2 of 8
Riyadh Schools

Introduction document or provide a formal instruction to


proceed in writing, such as a Purchase Order.
1.1 We are delighted to have this opportunity to We will be unable to commence any services
submit this fee proposal in respect of providing until such written instruction is received from the
Vertical Transportation Consultancy Services. appointing client entity.
1.2 This fee proposal sets out our offer for the Appointment
appointment of Cundall Johnston and Partners
LLP trading as Cundall (“Cundall”) by Client 4.1 Our offer made within this fee proposal is based
name (“the Client”). Any reference hereafter to on the provision of services under the terms and
“we” or “our” or “us” is a reference to Cundall and conditions of the Association for Consultancy and
any reference to “you” or “your” is a reference to Engineering (ACE) Agreement 2: Advise and
you as Client. Report 2009 model agreement.

The Project 4.2 We shall be entitled to suspend any or all


obligations and/or terminate our appointment
2.1 The undertaking of Vertical Transport under this fee proposal without cause in any
Consultancy services, namely, Concept design, event upon 7 days prior written notice to the
Schematic and Detailed design including the Client.
production of detailed technical specifications, for
the vertical transportation within the proposed Professional Indemnity
schools developments in Riyadh KSA. Insurance Cover and Liability
2.2 The intended programme for which the scope 5.1 Cundall will provide an appropriate level of
defined herein is understood to be delivered professional indemnity insurance on this Project
against is 8 weeks. commensurate with the nature and value of the
Project and the level of fee. For so long as the
Fees same continues to be available at commercially
3.1 Our fee for the Vertical Transport Consultancy reasonable rates with reputable insurers, Cundall
will be as follows over the required stages of will maintain professional indemnity insurance
input: with a limit of indemnity of £1 million for each and
every claim save that:
Concept Design £ 7,500
5.1.1 in respect of claims arising from pollution
Schematic Design £ 7,000 or contamination an aggregate limit of
Detailed Design & Specification £ 7,750 indemnity of £1 million applies; and

Total Fee £ 22,250 5.1.2 in respect of claims arising from asbestos


an aggregate limit of indemnity of the
3.2 The fees are to be paid in monthly instalments, a amount stated in 5.1 applies; and
drawdown schedule for which is to be agreed. 5.1.3 in respect of claims arising from fire
3.3 Payment terms are strictly 28-days from issue of safety, and/or the combustibility and/or
invoice. Interest due on late payment of fees shall fire protection performance of façades
be applied at the prevailing Bank of England and/or cladding (including equivalent
Base Rate plus 5%. external wall systems):

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

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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

Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 4 of 8
Riyadh Schools

Client is responsible for appointing a Principal


Designer and (should one or more contractors be
appointed) a Principal Contractor, in writing, and
for ensuring that both these appointees comply
with their duties defined by those Regulations. It
is our obligation to draw your attention herein to
this requirement and your obligations.
7.11 We pride ourselves on delivering a high standard
of customer service. This ethos is at the very
heart of our business. If however, you have a
complaint about our services, it can be
addressed to the Project Partner or our Managing
Partner (where relevant). We will deal with your
complaint in a prompt and professional manner. If
you are unsatisfied with our response to your
complaint, you may refer your dispute to
alternative dispute resolution (ADR) and we will
provide you with details of an approved ADR
body in our final response to your complaint.

Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 5 of 8
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Appendix A – Scope for Vertical Transportation Consultancy


A1.0 Works Elements to be Designed by Cundall .3 Provide a schedule of interfaces to assist with
definition of other trade packages.
We will be responsible for the following work elements
of vertical transportation scope across defined stages of .4 Provide advice and support to the design team.
the Project:
.5 Attendance at 3 meetings during stage.
A1.1 Concept Design
A1.4 Assumptions and Clarifications
.1 Review of current development design
.1 All advice we will provide relates solely to vertical
documentation, drawings, pedestrian movement
transportation. Whilst there will be inevitable
plans, logistics and security information.
impacts on other elements (e.g. fire performance)
.2 Liaise with the design team to develop the design assessment of, and associated liability for, these
principles for each VT element of the project. other factors will be by others.
.3 Undertake high-level lift traffic analysis .2 Design work will be based upon the Architects
calculations to support the development of the drawings.
Vertical Transportation (VT) Concept design.
.3 The vertical transportation design will be
Allowance is made for analysis of the original
developed to suit the standard products from a
design plus one iteration.
number of global vertical transportation
.4 Review of specific design requirements to be manufacturers.
included within the VT design, and applicable VT
.4 Detailed design of the lifts will be a Contractor
codes during the life of the project.
Design Portion.
.5 Provide advice and support to the design team
.5 All site activities and meetings will be conducted
concerning VT within the development, inclusive
during normal working hours.
of potential lift shaft sizes and associated
considerations. .6 Meetings will be held virtually.
.6 Produce a report detailing the vertical .7 No specialist training or equipment has been
transportation design considerations and included in our offer (e.g. scaffolding, access
provisions. equipment, confined space training).
.7 Attendance at 3 meetings during the stage. .8 Any involvement not detailed within our scope will
be subject to additional fees.
A1.2 Schematic Design
.9 No allowance has been made for the inclusion of
.1 Update design in response to comments from the
feature / scenic lifts within the scheme.
previous stage.
.10 No allowance has been made for double-deck
.2 Coordination with suitable vertical transportation
lifts or systems where more than one lift car is
contractors to develop buildable designs which
contained within the same lift shaft.
allow for a range of contractors to deliver the
project. .11 No allowance has been made for escalators
within the scheme.
.3 Develop outline specifications for the lifts to
assist with cost plan development. .12 Façade Access / Building Maintenance unit
design is not included within this scope and fee.
.4 Produce detailed performance specifications for
the lifts in each element of the development.
.5 Provide a schedule of interfaces to assist with
definition of other trade packages.
.6 Provide advice and support to the design team.
.7 Attendance at 3 meetings during the stage.
A1.3 Detailed Design
.1 Respond to clarification and queries during the
tender period, update vertical transportation
reports and calculations to reflect project
evolution.
.2 Produce detailed performance specifications for
the lifts in each element of the development.

Fee and Scope Proposal for Vertical Transportation Consultancy Services Page 6 of 8
Fee Proposal Acknowledgement and Acceptance Form

TO BE PRINTED ON INSTRUCTING CLIENT LETTERHEAD OR RETURNED SIGNED AS BELOW

Cundall Date:
4th Floor 15 Colmore Row
Birmingham B3 2BH

RE: Vertical Transportation Consultancy Services for Riyadh Schools

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.

Signed and agreed by:

Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on behalf of: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Client)

Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CLIENT INVOICING INFORMATION FORM

PROJECT:

CLIENT DETAILS
Name of Client/Employer (full company name
where relevant):

Trading name (if different):

Name of Paying Entity (if different to above):

Company registration number of paying entity


(if relevant)

Date established (if relevant):

VAT number (if relevant):

Registered office address / trading address /


address if you are a company or LLP /
partnership or sole trader or private individual

Telephone number:

Email address:

Client Type: (Cundall to complete) 01 – End User 02 – Main Contractor 03 – M&E Contractor 04 - PM

05 - Developer 06 - Architect 07 – Local Authority 99 – Intercompany

100 – Other [provide details]

ARRANGEMENTS FOR INVOICING


Is the invoice to be sent to the above address?

If not, please advise of arrangements required:


Will a purchase order be required for this
Project? Yes/No
If so, please provide the Purchaser Order
reference number:

CONTACT DETAILS FOR INVOICING & PAYMENT QUERIES


Name:

Job Title:

Address:

Telephone number:

Email address:

PAYEE DETAILS (BACS)


CUNDALL BANK DETAILS GBP Payment Euro Payment
Bank name: HSBC Bank Plc HSBC Bank Plc

Bank address: 31 Holborn, London, EC1N 2HR International Branch, London EC3M 4BA

Sort code: 40-06-29 40-05-15


Account number: 11725572 68477330

Payment is required within 28 days of date of invoice.


For any invoicing queries, please contact a member of the Invoicing Team on +44 (0)191 213 1515

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