13
There was submitted a joint report by the Directors of Finance & Resources and Environment, Housing & Infrastructure relative to entry into a Design and Build Development Agreement (DBDA) for Advance Works with Hub West Scotland Limited who would wholly subcontract all the Advance Works under this Contract to BAM Construction Limited.
DECIDED:
(a) That the Head of Corporate Governance be authorised to enter into a Design and Build Development Agreement (DBDA) for Advance Works with Hub West Scotland (HWS) Limited who would wholly subcontract all the Advance Works under this Contract to BAM Construction Limited;
(b) That the award of the Advance Works Contract for £3,048,163.00 excluding VAT (the Contract Sum) to HWS be authorised;
(c) That a contingency spend of £457,224.45 in relation to the Advance Works Contract, which equated to 15% of the Contract Sum, be authorised;
(d) That a total Approved Contract Value for Advance Works of £3,505,387.45, the total of the Contract Sum plus the contingency spend, be authorised;
(e) That 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, this being the market standard position, be authorised;
(f) That it be noted that construction associated with the Advance Works Contract was 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 were deemed to be subsumed and incorporated into the Advance Works Contract;
(g) That the acceptance of a Limitation of Liability on Design Consultants to the sums referred to in section 3.5 of the report 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, this being the market standard position, be authorised; and
(h) That it be noted that a further report would be brought to a future meeting of this Policy Board to seek approval of the award of a Main Works Contract with HWS, and that this would also be wholly sub-contracted to BAM Construction Limited.