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Contract Authorisation Report Thistle Primary School Advance Works Contract

Renfrewshire Council · 11 September 2025
Back to Finance, Resources and Customer Services Policy Board — 11 September 2025 and its agenda

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___________________________________________________________________
To:  Finance, Resources and Customer Services Policy Board 
On:  11 September 2025
___________________________________________________________________
Report by: The Director of Finance and Resources and the Director of
Environment, Housing and Infrastructure
___________________________________________________________________
Heading: Contract Authorisation Report: Thistle Primary School Advance Works
Contract 
___________________________________________________________________
1. Summary 
1.1. Renfrewshire Council has a requirement to build the new Thistle Primary
school (“new school”) in Dargavel Village, Bishopton (the “Project”). The
new school will have capacity for a minimum of 800 pupils as well as
facilities for Community Use, including a full-size flood-lit 3G playing field. 
1.2. Hub West Scotland Limited (“HWS”) was identified as the recommended
procurement route to market under the approved terms of the Territory
Partnering Agreement (TPA). Design development has taken place in
partnership with HWS since October 2023. The overall design is
progressing well with the Design Team having reached RIBA 4 Technical
Design. 
1.3. The Enabling Works Contract, approved at the Finance, Resources and
Customer Services Policy Board meeting on 13 February 2025,
comprising ground and civil engineering works has recently successfully
reached completion on 23 July 2025, both within budget and programme. 
At the Finance, Resources and Customer Services Policy Board meeting
on 13 February 2025, it was advised that a further report would be
brought to a future Finance, Resources and Customer Services Policy
Board to seek approval of the award of an Advanced Works Contract. 
1.4. Formal approvals are now required to progress the Project to ensure the
Project deadline is met; Finance, Resources and Customer Services

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Policy Board approval is requested for an Advance Works Contract with
HWS, who will wholly sub-contract all of these works to BAM Construction
Limited. 
___________________________________________________________________ 
2. Recommendations 
It is recommended that the Finance, Resources and Customer Services
Policy Board: 
2.1. Authorises the Head of Corporate Governance to enter into a Design and
Build Development Agreement (DBDA) for Advance Works with Hub West
Scotland Limited. Please note that HWS will wholly subcontract all these
Advance Works under this Contract to BAM Construction Limited. 
2.2. Authorises the award of the Advance Works Contract for £3,048,163.00
excluding VAT, to HWS (“the Contract Sum”). 
2.3. Authorises a contingency spend of £457,224.45 in relation to the Advance
Works Contract, which equates to 15% of the Contract Sum. 
2.4. Authorises a total Approved Contract Value for Advance Works of
£3,505,387.45 (which is the total of the Contract Sum plus the
contingency spend). 
2.5. Authorises the acceptance of a Limitation on HWS’s Liability for uninsured
losses up to the value of the Contract Sum for the Advance Works
Contract. To note: this is the market standard position. 
2.6. Note construction associated with the Advance Works Contract is
anticipated to commence in October 2025 and be completed by January
2026. Specialist design, early procurement and consultant services
associated with the Advance Works Contract commenced in August 2025
(those services and associated costs are deemed to be subsumed and
incorporated into the Advance Works Contract). 
2.7. Authorise the acceptance of a Limitation of Liability on Design Consultants
to the sums referred to in 3.5 below on an each and every claim basis
except for claims relating to pollution, contamination, and asbestos, where
the limit will be in the annual aggregate. To note: this is the market
standard position. 
2.8. Note that a further report will be brought to a future Finance, Resources
and Customer Services Policy Board to seek approval of the award of a

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Main Works Contract with HWS, noting that this will also be wholly sub-
contracted to BAM Construction Limited. 
_________________________________________________________
3. Background 
3.1. The key Renfrewshire Council (Council) critical success factor is that the
Project must be complete by May 2027 in order that the school will be
operational for pupils by the new term in August 2027. Advance Works
are programmed to commence in October 2025 and complete by January
2026. Entering this Advance Works Contract is critical to maintaining the
Project programme. 
3.2. The Advance Works Contract will carry out targeted civil engineering and
services preparatory works that will assist timely delivery of the Main
Works Contract. The Advance Works contract is currently anticipated to
start in late October 2025 and be completed by January 2026. 
3.3. It should be noted that over recent months, commercial discussions have
been ongoing between HWS (and their legal representatives, Burness
Paull), Property Services, Corporate Procurement, and Legal Services,
culminating in producing two Letters of Underwrite, dated 29 July 2025
and 14 August 2025 (“the Letters”). The Chief Executive signed the
Letters during summer recess. HWS requested the Letters to provide
comfort to BAM Construction Limited during a period where it has incurred
costs (and risk) without the protection of a formal contract. No sums are
due to paid under the Letters unless the Project does not proceed, and
the intention is that the agreement within the Letters will be replaced by
the Advance Works Contract once signed. The timing of the Letters was
critical to maintaining the programme and allowed progression of an
Advance Works design and procurement phase in preparation for the next
phase of construction being sought within this report. 
3.4. The Main Works Contract is anticipated to start in January 2026, with
handover of the facility to the Council anticipated in May 2027. Further
approval will be sought from the Finance, Resources and Customer
Services Policy Board on 20 November 2025 to enter into a Main Works
Contract. 
3.5. As part of this Contract, the limitation of liability of HWS’s Sub-Consultants
shall be limited to the sums referred to in the table below on an each and
every claim basis except for claims relating to pollution, contamination and
asbestos where those limits will be in the annual aggregate. These figures
reflect standard market position. The limits noted below reflect the

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Enabling Works position with exception of sub-limited £250,000 in
aggregate for Asbestos (JM Architects Limited). Final insurance levels will
be agreed in conjunction with the Risk Manager prior to signing the
Advance Works Contract. 
Legal Entity Value Terms Sub Limit 
JM Architects
Limited
£10m  any one occurrence  Asbestos: £250,000 in the
aggregate
ERZ Ltd  £5m any one claim or
series of claims
arising from the
same originating
cause
Defence costs in addition but in the
aggregate in respect of Pollution
and Contamination claims
Digital Guerrilla
Consultancy Ltd 
£2m any one claim
unlimited in the
period of Insurance
N/A
Carbon Futures
(Consultancy)
Limited
£5m  each and every
claim or loss,
excluding defence
costs
N/A
Spacezero (North)
Limited
£10m any one claim N/A
Rybka Ltd £10m any one claim
excluding costs and
expenses
Fire Safety: £10,000,000 in the
aggregate including costs and
expenses in respect of Fire Safety
Pollution: £1,000,000 in the
aggregate inclusive of defence
costs
Asbestos: £250,000 in the
aggregate inclusive of defence
costs
Jeremy Gardner
Associates Ltd
t/a Jensen Hughes 
£10m per occurrence and
aggregate
No fire/combustibility exclusion
included in the Professional
Indemnity Policy
Sandy Brown Ltd £5m any one claim Pollution:  £5,000,000 in the
annual aggregate
Asbestos: £2,000,000 in the
annual aggregate
AECOM Limited  £10m any one claim N/A
Currie & Brown UK
Limited
£10m  any one claim N/A

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3.6. The Council provided HWS with a Community Benefit Outcome Menu that
targets 150 points for a Project of this overall value. The Outcome Menu
was also replicated onto the SFT themes, outcomes and measures
(TOMs) system as part of the HWS tender process. BAM Construction
Limited committed to achieving 680 points on the Community Benefit
Outcome Menu and £10.4m worth of Social, Local Economic Value
through the SFT TOMs menu. The Community Benefits will be delivered
as part of the Advance Works Contract and continue through until overall
Project completion.
___________________________________________________________________
Implications of the Report 
1. Financial – The cost for this Advance Works Contract of £3,505,387.45 
(which is the total of the Contract Sum plus the contingency spend)
excluding VAT, will be met through the Capital – General Services
budget. The limits of liability are as detailed within paragraph 3.5. 
2. HR & Organisational Development – None directly arising from this
report. 
3. Community/Council Planning –  
• Our Renfrewshire is thriving – maximising economic growth,
which is inclusive and sustainable.
• Our Renfrewshire is well - supporting the wellness and resilience
of our citizens and communities. 
Place - Demonstrating that Renfrewshire is a great place to grow up, it
is a place of opportunity for those that live and work here.   
Economy:
- Improving lives and securing wellbeing through a stronger, inclusive
and sustainable economy, being creative, imaginative and linking
opportunities to enhance the benefits for Renfrewshire. 
- Matching the skills developed in Renfrewshire with the opportunities
available in Renfrewshire and equipping all children and young
people to achieve success in life. 
Green: 
- Working across partners and communities to deliver the priority
areas highlighted in our Plan for Net Zero, working towards a net
zero Renfrewshire by 2030.

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- Ensuring our journey to net zero is a just transition with climate
justice and fairness at the heart, finding opportunities to challenge
inequalities in new green ways as we tackle the climate crisis.
- Integrating climate considerations into our long term strategic and
financial planning as an organisation 
- Boosting our green economy, creating good green jobs that are
sustainable for the future. 
Living Our Values:
- Leading positively through transition and change. 
- Delivering best value for our citizens and customers. 
4. Legal - The procurement exercise to establish the ability of the Council
to enter into a contract with Hub West Scotland has been conducted in
accordance with the Procurement Regulations. 
5. Property/Assets - The Council’s investment in its learning estate offers
the opportunity for a place-based approach to local outcomes and
integrating local services to support communities. The new school will
have capacity for a minimum of 800 pupils as well as facilities for
Community Use including a full-size Flood-lit 3G playing field. 
6. Information Technology – None directly arising from this report 
7. Equality & Human Rights – None directly arising from this report 
8. Health & Safety – None directly arising from this report 
9. Procurement – Hub West Scotland is a joint-venture organisation
which is owned by both the public and private sectors. 
10. Risk – A Risk Register has been produced for the Project and will be
managed and maintained throughout the Project lifetime. Another Risk
is those of the Caps to Liability as mentioned in paragraph 3.5 above. 
11. Privacy Impact – None directly arising from this report 
12. Climate Risk – None directly arising from this report 
13. Children’s Rights – This report does not cover a new policy, function
or strategy nor a substantive change to an existing policy, function or
strategy which will have an impact on children’s rights.

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14. Cosla Policy Position – None directly arising from this report.
_______________________________________________________
List of Background Papers 
(a) Learning Estate Update – on 14 March 2023 to Education and
Children’s Services Policy Board
(b) Learning Estate Update – on 23 May 2023 to Education and
Children’s Services Policy Board 
(c) Contract Authorisation Report: New Primary School in Dargavel,
Enabling Works Contract and approval for Pre-Construction
Consultant Fees – on 13 February 2025 to Finance, Resources and
Customer Services Policy Board
___________________________________________________________________
Author:           Joanna Tannock, Interim Strategic Category Manager 
David Donnelly, Project Manager