RECOMMENDATION:

That Council approve initiating the Bur Oak Fire Station 98 project;

And that Council approve the principal of repeat design for the Bur Oak Fire Station to achieve the benefits outlined in this report and as authorized by section 27 of the Purchasing By-law 143-2000;

And that staff from Construction & Utilities and Finance Department be authorized to negotiate the terms of the award with Thomas Brown Architects Inc. and their team of Consultants for this project at a fee not to exceed 5.7% of the construction cost;

And that staff negotiate with the Architect the options of ownership of all Contract Documents or an acceptable further reduced fee for a package deal for future fire stations at Cornell and Cathedral and report back to the Finance and Administrative Committee on May 17, 2004;

And that the Project Manager report to the Building and Parks Construction Committee on budget, schedule and any issues;

And that staff provide reports to Council for direction and approval at the following stages:

· Schematic Design and Cost approval

· Site Plan Approval

· Tender Award;

And that Council amend section 14 of the Purchasing By-law 143-2000 to permit purchase by negotiation where it is not in the public interest to solicit a competitive bid for goods and services, other than professional or consultant services.

PURPOSE:

The purpose of this report is to obtain approval to retain the Architect for the Bur Oak Fire Station 98 project and to have Council authorize the amendment of section 14 of the Purchasing By-law 143-2000 to permit for purchase by negotiation where it is not in the public interest to solicit bids for goods or services other than professional or consultant services.

BACKGROUND:

In a report to Council on June 22, 1999, Council adopted a 9 fire station model for the Town which includes the 5 existing stations, relocating the John Street station to Riviera Drive (new station 92), and new stations in the Wismer (650 Bur Oak Avenue), Cornell and Cathedral areas. The 9 station model when completed will allow the Fire and Emergency Services Department to meet the initial and full complement response times in most developed areas of the Town.

Town purchased site for Bur Oak Fire Station

The Town has purchased a 0.607 ha (1.50 acres) site for the Bur Oak fire station on the northeast corner of Bur Oak Avenue and McCowan Road. (Location map attached as Appendix 1)

Additionally, Part 2 and Part 3 on the draft reference plan, comprised of 0.216 ha (0.53 acres) has been conveyed to the Town in conjunction with Part 1, as an environmental buffer.

In a Report to Council dated June 24, 2003 approval was granted to execute an Agreement of Purchase and Sale from Amber Plain Investments Limited.

An Agreement of Purchase and Sale was executed and the land purchase closed on January 9, 2004.

York Region EMS do not wish to joint venture with this project.

The Region of York EMS was contacted regarding their desire to joint venture with the Town of Markham as they have done with the Riviera Drive, Markham Fire Station / EMS Station. York Region has indicated they have no plans for this area as there is no strategic advantage in locating an EMS station at the Bur Oak Avenue and McCowan Road site.

Repeat Design

Council established the Riviera Drive Fire station as a repeat design project. In approving the design, Council considered the cost and service advantages of the repeat design concept, since every fire station is designed for a specific number of people and equipment. Also since there is little internal variation in the use and occupancy from one fire station to another the design could easily and efficiently be duplicated. Council also considered the possibility of the appearance of fire station which could be located in Industrial / Commercial or Residential areas. Council wanted some compatibility with the surrounding neighborhood expressed in the design. To achieve that variation the repeat design method can accommodate exterior treatment that can be designed to reflect its surrounding neighborhood. The interior of the building would remain essentially the same.

Repeat Design Efficiencies

There are many efficiencies to be gained by repeating the design. They are:

· Substantial savings in resource time is achieved by not having to prepare an RFP for the Architectural and Engineering Services. Similar savings are achieved by not having to evaluate bids or conducting interviews, preparing an award report and notification to unsuccessful bidders.

· Reduce time and costs of design and duplication.

· Time savings in the preparation of documentation and specification writing. Since the design is essentially the same, and the materials and quantities are known.

· The number of meetings held by the Architect and staff to determine staff needs is reduced to a minimum. Since staff needs are previously known, and the Architect is familiar with how the process works, efficiency will be increased.

Repeat Design Financial Benefits / Direct and Indirect

Direct Financial Benefits are expressed as those benefits achieved by the savings in Professional Architect and Consultant fees. On Riviera Drive the fees were based on 6.8% of the construction cost. The fees proposal from Thomas Brown Architects Inc. (TBAI) dated January 21, 2004 for Bur Oak Fire Station using the repeat design principle is 5.7% of construction cost. This represents an estimated saving of $30,000 based on the Riviera Drive project fees (excluding disbursements and GST).

Architectural Fees for Riviera Drive

Project Budget $2,700,000

Architect Fees $183,600 or 6.8 %. 5.7% = $153,900 a saving of $29,700.00

Repeat Design Service Benefits

Service benefits are expressed as those benefits derived from solutions to issues, difficulties, challenges and problems encountered during the course of construction. The maximum benefit in this area is only achieved if continuity of the Architect is maintained. These solutions carried into the next project will provide improvements and efficiencies to project administration and improved service to the Town.

Architectural design drawings are the property of the Architect

Implicit in the repeat design principle is ownership of the design drawings by the Architect and his team of Consultants. It follows that TBAI and his Consultants should be retained for this project or their permission is obtained to copy or use their design documents, with or without a fee, if this project is to be a repeat of the Riviera Drive fire station.

Negotiations with the Architect

The intent is to negotiate the Town’s ownership of all the Contract Documents. This will allow the Town the option of maintaining the present competitive acquisition process. Alternatively, negotiate with the Architect the option of a package deal for the Architectural and Engineering Services of a repeat design for the Cornell and Cathedral fire stations.

Section 27 of Purchasing By-law 143-2000

Section 27 of the Purchasing By-law provides that, where the Chief Administrative Officer and the appropriate Commissioner deem it necessary or in the best interests of the Town to acquire Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and service, Finance Committee and Council approval must be obtained in order to acquire the services from the preferred supplier rather than to seek proposals. In the case of the Bur Oak Fire Station and for the reasons stated above, TBAI is the preferred supplier and has a proven track record in terms of pricing, quality and service.

PROJECT ADMINISTRATION:

The administration of this project will be similar to other building projects such as the Angus Glen Community Centre and Library, Riviera Drive Fire Station (new Fire Station 92) and other building projects, by a Technical Advisory Team (TAT) and the newly created Building and Parks Construction Committee (BPCC). All technical matters relating to the project will be first considered by the TAT. Any matters requiring direction will be reviewed by the BPCC for approval prior to incorporation into the development.

It is intended to keep Council advised throughout the project development process, through reports and involvement of the BPCC.

At predetermined development stages reports will be prepared to Council for direction and approval. These stages are at:

· Site Plan Approval (presentation by Architect)

· Schematic Design and Cost approval

· Tender Award

It is intended to complete construction and commissioning of the Bur Oak Fire Station on or about September of 2005.

FINANCIAL CONSIDERATIONS:

Funding for the Fire Station is 100% Development Charges (DC). Project Funding including Architect fees has been approved in the 2004 Fire and Emergency Services Capital Budget.

The Finance Department has reviewed this report and concur with its content.

LEGAL CONSIDERATIONS:

The contract for architectural services for the Bur Oak Fire Station can be accommodated by section 27 of the Purchasing By-law as these services are professional services and TBAI is a preferred supplier with a proven track record with the Town in terms of pricing, quality and service. However, circumstances have arisen where there is a preferred supplier of goods and it is in the Town’s best interests to purchase without going through the competitive bid process. In order to address this need, and resolve any ambiguity in the application of section 27 of the By-law, the Legal Department advises that section 14 of the By-law should be amended to permit purchase by negotiation where it is in the public interest not to solicit a competitive bid. A by-law to effect this amendment is attached hereto as Appendix “A”.

OTHER AFFECTED DEPARTMENTS:

The Fire and Emergency Services Department has reviewed this report and concur with its content.

Stan Bertoia, P. Eng.

General Manager, Construction and Utilities

___________________________________

Peter Loukes, P. Eng.,

Director, Operations and Asset Management

Don McClean,

Fire Chief

______________________________

Jim Sales,

Commissioner, Community and Fire Services

Attachment

Appendix 1 - Property map

Q:\Envsrv\CAPASS\Reports\2004\BurOak Fire Station May 04.doc

Appendix “A”

By-law *****, being a by-law to amend

Purchasing By-law 143-2000

WHEREAS section 271 of the Municipal Act, 2001, S.O. 2001, c. 25 requires a municipality to adopt policies with respect to its procurement of goods and services;

AND WHEREAS Council of The Corporation of the Town of Markham passed By-law 143-2000, the Purchasing By-law, on August 29, 2000;

AND WHEREAS Council of the Town of Markham is of the opinion that it is advisable to effect a housekeeping amendment to By-law 143-2000 to permit purchase by negotiation where it is in the public interest not to solicit a competitive bid;

NOW THEREFORE Council hereby ENACTS AS FOLLOWS:

1. That section 14 of By-law 143-2000, as amended, be hereby amended by adding

as paragraph 14(1)(g) the following:

(g) where it is in the public interest not to solicit a competitive bid.

READ A FIRST, SECOND AND THIRD TIME AND PASS THIS ********* DAY OF MAY, 2004.

______________________

SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR

		COMMITTEE OF THE WHOLE


	TO:	Mayor and Members of Council

	FROM:	Stan Bertoia, P. Eng., General Manager, Construction & Utilities

	PREPARED BY:	Eardley Adams, Project Manger, Construction & Utilities

	DATE OF MEETING:	May 11, 2004

	SUBJECT:	New Fire Station 98 at 650 Bur Oak Avenue, Markham