Contract Procedure Rule 12.2.3(b) - Modification to the terms of the Removal of End Stage and Installation of In the Round Stage at Shakespeare North Playhouse contract with Adlib.

September 15, 2023 Executive Director Resources (James Duncan) and Executive Director Communities and Neighbourhoods (Andrew Donaldson) (Officer) Awaiting outcome View on council website
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Purpose

The purpose of the report is to seek approval in accordance with Contract Procedure Rule 12.2.3(b), to modify the contract with Adlib for the Removal of End Stage and Installation of In the Round Stage by adding the requirement to support the removal, packaging and transfer to storage of the Frons Scenae.

The reasons for the decision are, as supported by Contract Procedure Rule 12.2.3(b): The additional works by the original supplier have become necessary and a change of supplier cannot be made for the technical reasons.  Adlib are already working within the small area of the Cockpit Theatre until 7 October 2023 to change the seating arrangement from ‘end stage’ to in the round and will need to provide additional support to McCurdy & Co Ltd who are supervising the dismantling of the Frons Scenae at the same time (under a previously agreed separate contract).

The modification of the contract will ensure that there is a smooth transition between the two projects in a very constricted area.  In addition, as part of the original contract for the Theatre, Adlib provided and installed all the theatre stage lifting equipment, which they understand how to use to remove the Frons efficiently and effectively. There is the risk that if a different company were awarded the contract to support McCurdy and Co Ltd and use the lifting equipment for this reason and damaged it, the Adlib warranty would be invalidated.  In addition, the total value of the modification is less than 50% of the original contract value.

Decision

(i)       That, in accordance with Contract Procedure Rule 12.2.3(b), the contract with Adlib for the Removal of End Stage and Installation of In the Round Stage be modified by adding the requirement to support the removal, packaging and transfer to storage of the Frons Scenae; and

(ii)       That the Procurement Team be authorised to issue the relevant contract modification documentation.

Alternative options considered

Do Nothing: This option was considered and rejected because the work is required to change the Cockpit Theatre from ‘End Stage’ to ‘In the Round’ and remove the Frons Scenae for the next production, doing nothing would not achieve this, and impact future performances at the theatre.

Deliver in house: This option was not considered as the Council does not have the expertise in house to undertake this work.

Shakespear North Trust deliver in house: This option was not considered as Shakespeare North Trust (SNT) do not have the expertise in house to undertake this at the present time.  This is an extremely complex task with significant time constraints.  It is anticipated that theatre staff will use this change over as a training exercise alongside McCurdy and Co Ltd and Adlib to become more familiar for future change overs.

Seek Competition (Quotation / Tender): This option was considered and rejected because specialist companies who understand the construction of the theatre would be needed to support.  Also, there would be the potential that there could be up to three different contractors operating in a very small area which could lead to complications and potential health and safety matters, and subsequent delays. Adlib originally constructed and installed the staging and seating in the Cockpit Theatre and have been contracted for its removal as part of this wider project so it makes more sense to restrict the number of contractors in the area for all persons safety and ask Adlib to undertake the additional works.  If a different company were awarded the contract to undertake the works, the Adlib lifting equipment warranty could be invalidated if it is damaged by another contractor.

Details

OutcomeFor Determination
Decision date15 Sep 2023