1. the Project Consists of the Construction Of

1.0 THE PROJECT

1. The project consists of the construction of ..………………………………………………………………………………………………………………..

2. The information that has been utilised in formulating this proposal is ……………………………..

3. The contract value is approximately £…………………………......

4. The project is to be carried out as (state the procurement / tender route)

5. The intended programme is:

Construction Commencement: ………………………………………………………………….

Completion: ……………………………………………………………………………………….

2.0 APPOINTMENT

1. Our appointment will be in accordance with the Association of Project Safety form of Appointment as Principal Designer 2015.

2. Collateral Warranties will be provided, in a form acceptable to our PI insurers, to Purchaser, Fund and up to two Tenants.

3.0 PROFESSIONAL INDEMNITY COVER (PI)

The practice carries PI cover [Insert here information approved by your Professional Indemnity Insurer]

(An example of wording might be, subject to your own policy wording and arrangements: “on an each and every claim basis other than in respect of pollution, contamination, date recognition and asbestos claims where such cover shall apply on an annual aggregate basis. It is and will remain the practice’s policy to maintain cover provided it is available at commercially economic rates and on practicable terms”).

The maximum liability attached to the practice resulting from this contract will be;

seek advice from your PI insurer

Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or

costs the liability of name of firm for any claim or claims under this Agreement shall be further limited to such sum as it would be just and equitable for name of firm to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims ("the loss and damage") and on the assumptions that:

a. all other consultants, contractors, sub-contractors, project managers or advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those set out by name of firm to the Client in respect of the carrying out of their obligations; and

b. there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and any such other party who is responsible to any extent for the loss and damage is contractually liable to the Client for the loss and damage; and

c. all such other consultants, contractors, sub-contractors, project managers or advisers have paid to the Client such sum as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss and damage.

4.0 WORKS ELEMENTS

The scope of our works listed below is in relation to Regulation 11 of the CDM Regulations 2015. The additional services are in relation to assistance to the Client in fulfilling their duties under regulations 4, 5 and 6.(Amend as required – not all Principal Designers will provide advice to the Client regarding discharge of Client Duties. If you do carry out additional duties, inform your PI Insurer).

Principal Designer role;

(11)1The Principal Designer must plan, manage and monitor the pre-construction phase and

coordinate matters relating to health and safety during the preconstruction phase to ensure that, so far as is reasonably practicable, the project is carried out without risks to health or safety.

name of firm will be fully integrated with the team to carry out these duties. To do this we will attend xxx design and project meetings and look to receive all design information electronically as the project progresses.

(11)2 In fulfilling the duties in paragraph (1), and in particular when— (a) design, technical and organisational aspects are being decided in order to plan the various items or stages of work which are to take place simultaneously or in succession; and (b) estimating the period of time required to complete such work or work stages, the Principal Designer must take into account the general principles of prevention and, where relevant, the content of any construction phase plan and health and safety file.

name of firmwill comply with this when carrying out our duties.

3 (11)3 In fulfilling the duties in paragraph (1), the Principal Designer must identify and

eliminateor control, so far as is reasonably practicable, foreseeable risks to the health or

safety of any person— (a) carrying out or liable to be affected by construction work;

(b) maintaining or cleaning a structure; or (c) using a structure designed as a workplace.

name of firm will attend meetings but will also develop a project H&S risk register building on the initial information produced by name of other firm(if applicable or available)that can be reviewed and monitored as the project progresses.

(11)4 In fulfilling the duties in paragraph (1), the Principal Designer must ensure all designers

comply with their duties in regulation 9.

name of firm will carry this out through their responses to items 4.1, 2 and 3.

(11)5 In fulfilling the duty to coordinate health and safety matters in paragraph (1), the Principal Designer must ensure that all persons working in relation to the preconstruction phase cooperate with the Client, the Principal Designer and each other.

name of firm will carry out this through their responses to items 4.1, 2 and 3.

(11)6 The Principal Designer must— (a) assist the Client in the provision of the pre-construction

information required by regulation 4(4); and (b) so far as it is within the Principal Designer’s control, provide pre-construction information, promptly and in a convenient form, to every designer and contractor appointed, or being considered for appointment, to the project.

name of firm will review the preconstruction information pack (PCIP) and will assist in developing the information required. We will highlight all areas where further surveys are required or specialist design input may be necessary. This will be passed on to the Principal Contractor.

(11)7 The Principal Designer must liaise with the Principal Contractor for the duration of the

Principal Designer’s appointment and share with the Principal Contractor information relevant to the planning, management and monitoring of the construction phase and the coordination of health and safety matters during the construction phase.

name of firm will liaise with the PC at regular intervals throughout the construction phase attending 12 site meetings in relation to the above and the progression of collation of information for the health and safety file.

(12)5 During the pre-construction phase, the Principal Designer must prepare a health and

safety file appropriate to the characteristics of the project which must contain information relating to the project which is likely to be needed during any subsequent project to ensure the health and safety of any person.

name of firm will commence and produce the project health and safety file and hand it over to the Client within one calendar month of project completion.

CLIENT ADVISOR ROLE;

(4)1 A Client must make suitable arrangements for managing a project, including the allocation of sufficient time and other resources.

name of firm will assist the Client in developing this by advising on the inputs required from him/her/organisation.

10. (4)2 Arrangements are suitable if they ensure that— (a) the construction work can be carried out, so far as is reasonably practicable, without risks to the health or safety of any person affected by the project; and (b) the facilities required by Schedule 2 are provided in respect of any person carrying out construction work.

name of firm will note within the PCIP the locations and requirements of welfare facilities and the residual hazards and risks that the contractor will have to deal with. This will involve reviewing that already produced for the main site but may also include developing it for the satellite sites.

11. (4)3 A Client must ensure that these arrangements are maintained and reviewed throughout the project.

name of firm will review on behalf of the Client the site set up and site working procedures at the main and satellite sites. This will be done by carrying out site inspections every month giving a total of 20 inspections which will be coordinated with Gateshead Council’s H&S department.

12. (4)4 A Client must provide pre-construction information as soon as is practicable to every designer and contractor appointed, or being considered for appointment, to the project.

name of firm will review the PCIP as noted in Item 4.2

13. (4)5 A Client must ensure that— (a) before the construction phase begins, a construction phase plan is drawn up by the contractor if there is only one contractor, or by the Principal Contractor; and (b) the Principal Designer prepares a health and safety file for the project, which— (i) complies with the requirements of regulation 12(5); (ii) is revised from time to time as appropriate to incorporate any relevant new information; and (iii) is kept available for inspection by any person who may need it to comply with the relevant legal requirements.

name of firm will review the Principal Contractors construction phase plan in line with Regulation 12 and advise on its suitability for a safe commencement of the works This document will be reviewed during the site inspections noted in item 4.11.

14. (4)6 A Client must take reasonable steps to ensure that— (a) the Principal Designer complies with any other Principal Designer duties in regulations 11 and 12; and (b) the Principal Contractor complies with any other Principal Contractor duties in regulations 12 to 14;

name of firm will produce a monthly report for the Client indicating what we have done in relation to the role of PRINCIPAL DESIGNER and will also issue the site inspection reports noted in section 4.11. This report will be issued in line with name of report provider monthly report.

15. (4)7 If a Client disposes of the Client’s interest in the structure, the Client complies with the duty in paragraph (5)(b)(iii) by providing the health and safety file to the person who acquires the Client’s interest in the structure and ensuring that that person is aware of the nature and purpose of the file.

Noted – this is a specific Client duty.

16. (4)8 Where there is more than one Client in relation to a project— (a) one or more of the Clients may agree in writing to be treated for the purposes of these Regulations as the only Client or Clients; and (b) except for the duties specified in sub-paragraph (c) only the Client or Clients agreed in paragraph (a) are subject to the duties owed by a Client under these Regulations; (c) the duties in the following provisions are owed by all Clients— (i) regulation 8(4); and (ii) paragraph (4) and regulation 8(6) to the extent that those duties relate to information in the possession of the Client.

Noted – this is a specific Client duty.

5.0 ASSUMPTIONS/INFORMATION BY OTHERS

(These should be specific to the site / project – the examples below are indicative only)

1. All works are within the site boundaries

2. Meetings are to be held in ……………………………………………………………………………..

3. All information requested from the team in relation to the PCIP and Health and Safety File should be made available within 1 month of completion. Note – name of firm will regularly chase up information requests but the Health and Safety File will be issued 1 calendar month after project completion with outstanding information noted.

4. The Principal Designer is not responsible for health and safety on the site. The Principal Contractor is wholly responsible for all site health and safety. Therefore the PRINCIPAL DESIGNER will attend site meetings in relation to;

a. Design issues involving the contractor’s designers.

b. Design changes.

c. Collation of information, and issues to be included, in the Health and Safety File

d. Site inspections in relation to the H&S management and welfare facilities on behalf of the Client in line with the CDM regulations 2015.

6.0 FEES

Our fees for the Principal Designer Role will be a lump sum fee of £…………………………….

Our fee proposal is also subject to the programme noted within 1.5 above.

Should the programme be elongated beyond the dates noted we will advise on any additional fees payable.

The fee is exclusive of VAT but inclusive of expenses.

Note: If fees are exclusive of expenses, list how these will be charged – e.g. Mileage, travel, etc.

The fees are to be paid in xx monthly instalments of £…………………..excluding VAT.

Note you may prefer to list project Milestones.

Additional costs if required:-

a. Additional works daily rate £………………………………..per day or hourly rate.

b. Carrying out the Principal Designer/Client Advisor role on subsequent similar satellite

sites during the main contract period £900

Payment terms are 28 days from your receipt of our invoice. Invoices will be issued

electronically to the agreed recipient or other arrangements as agreed.