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HomeMy WebLinkAboutCOD-050-07 Addendum UNFINISHED BUSINESS Cl~mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: October 29, 2007 Resolution #: Report #: COD-050-07 File#: By-law #: Subject: Addendum to Report COD-050-07 Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report COD-050-07 be received as amended by recommendations in Addendum to Report COD-050; 2. THAT the recommendations outlined in the Addendum to Report COD-050-07 be approved; 3 THAT the verbal report by Gerry Shoalts, Architect, be received; 4. THAT the tender bids received for Tender CL2007-42 be rejected; 5. THAT Council formally confirm the revised Capital Budget Amount of $3,450,047.00 6. THAT Council provide direction in the re-issuing of the tender, to design the Newcastle Library as either a a) LEED Certified building; or, b) A green building 7. THAT Council authorize the Newcastle Library Building Committee to re-scope the Newcastle Library based on Recommendation #4; and to re-issue the tender in early 2008 to the same seven pre-qualified general contractors; 8. THAT the previously awarded consultant's contract with Shoalts Zaback Architects Ltd, Kingston, Ontario, be amended to include the additional design fees of $37,500.00; and, 9. THAT the previously awarded consultants contract with Shoalts Zaback Architects Ltd, Kingston, Ontario also be amended to include $68,000.00 for LEED design by sub-consultants' work; plus an amount of $60,000.00 for the LEED Application and Registration, Energy Modelling and Commissioning, including work undertaken to date, without impact to the project budget; and, 10. THAT the attached By-law marked Appendix "A" authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd. and the Municipality of Clarington be approved. Submitted by: Q _ on ~ 1'_ Reviewed b . ~ lA..) (,(. ranklin Wu Chief Administrative Officer rie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM/EH/JB/BT/gj Attachments: Attachment #1 - Report COD-050-07 Attachment #2 - Report COD-027-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: Addendum to COD-050-07 PAGE 3 1.0 BACKGROUND 1.1 At the September 24, 2007 Council Meeting, The Newcastle Library Building Committee brought forward report #COD-050-07 (Attachment #1) with several recommendations related to the Newcastle Library Capital Project. The recommendations in report COD-050-07 have been included with some amendments into this addendum report. The Architect, Gerry Shoalts is in attendance to provide some background to Council regarding the details of the market conditions which contributed to the escalated bid prices to the budget. 1.2 At that meeting, Council expressed a number of concerns regarding the tender prices and directed the Newcastle Library Building Committee to report back directly to Council with a more detailed explanation as to why the prices were higher than the Consultant's estimates. 2.0 TENDER PRICING 2.1 The Building Committee has met with the Consultant to review to Council's concerns. The tender documents were all-inclusive for the construction of the Newcastle Branch Library. The primary causes of the tenders being in excess of the construction budget were the extremely unusual market conditions. The architect hired an independent cost consultant (M. J. Brennan & Associates, Kingston, ON) to provide construction estimates for the project. This firm is familiar with costing within the GTA area and provided estimates for each construction division within the scope of the Library. 2.2 Some of the pre-qualified bidders advised the Municipality they were experiencing difficulty in obtaining quotes from their suppliers. Of the seven pre- qualified bidders, 2 submitted their bids on time, 1 was late submitting their bid, 1 was delayed by traffic, 1 could not obtain bids in all divisions, and 2 withdrew earlier in the process due to commitments to other projects. The Municipality only deals with the General Contractor and therefore generally does not have access to their actual bid numbers of the sub-trades. With the lowest bidder, the following areas were over projections; steel (48% over), painting (136% over), drywall (112% over), floor finishes (89% over), windows and doors (26% over) as well as masonry (33%). The combined net impact of these items to the budget is $376,894.00. 2.3 In addition to reviewing the tender price components with the Consultant, the Building Committee conducted preliminary exploration with the lowest bidder to determine the feasibility of reducing the tender price. While the lowest bidder was prepared to review his tender pricing, he was not sure that he could establish sufficient reductions without other changes to the design. This caused concern as we could only negotiate up to 15% of the contract value. The tender document for this project states if the changes contemplated are in excess of 15% the bid documents may be amended and invitations to re-bid would be issued. After explorations with the lowest qualified bidder, the Newcastle Library Building Committee determined that in all likelihood, we would not reach 15% REPORT NO.: Addendum to COD-OSO-07 PAGE 4 through efficiencies. Therefore structural changes would be required. Those structural changes would significantly change the building design and would therefore be greater than the permitted 15% amount. 2.4 The Purchasing Manager requested an opinion from the Town Solicitor in which we were advised the compliant tenders could be rejected by the Municipality provided this was done so prior to any negotiations with the lowest compliant bidder. In doing so, the Municipality may then re-scope the work and invite the pre-qualified contractors to submit bids in response to revised tender documents as recommended in Report # COD-050-07. 2.5 The Purchasing Manager also requested an opinion from the Town Solicitor in regards to the terms of the tender and to re-issue the Tender documents to the pre-contractors. The tender document states the tender can be re-issued to the three (3) qualified low bidders. As there were only two (2) qualified low bidders the Town Solicitor advises the Municipality may re-scope the work and invite the pre-qualified contractors to submit bids in response to revised tender documents as recommended in Report COD-050-07. 3.0 CAPITAL BUDGET AMOUNT 3.1 As advised in COD Report #COD-050-07, the 2006 Capital budget provided funds in the amount of $2,788,604.00. This amount was based on construction costs of the day and was comparable to other projects at that time. The original 2006 Capital Budget did not include the scope of work for a LEED Certified Building ($359,000.00) nor did it take the remedy for poor site conditions into consideration ($100,000.00). In addition, construction costs for labour and materials have escalated substantially by approximately $202,443.00 and revisions to the budget were reviewed at the October 2006 Building Committee meeting. At that meeting these items were reviewed and budget adjustments were recommended in the additional amount of $661,443.00 as referenced in Report COD-027-07 (Attachment #2) reviewed by Council on June 25, 2007. Confirmation of this budget amount is required at this time. 4.0 IMPACT OF LEED 4.1 The overall impact of LEED (Leadership in Energy and Environmental Design) to this project is estimated at $359,000.00. This amount consists of a differential in building components ($231,000.00), LEED registration, modeling, commissioning and point verification ($60,000.00) as well as additional design fees ($68,000.00) 4.2 The amount of $231,000.00 for differential building costs is the difference between standard construction and LEED design. This amount includes the following items: . Storm Water Management (Quantity and Quality Control) $ 50,000.00 . Mechanical Systems $ 75,000.00 . Electrical Systems $ 36,000.00 . Architectural Components (Roofing, Windows, REPORT NO.: Addendum to COD-050-07 PAGE 5 Building Envelope, Insulation, Green Materials & Finishes) . Contractor Administration (Additional Contractor Expenses) $ 60,000.00 $ 10,000.00 4.3 As indicated, the LEED application process requires the Architect to design the building and its infrastructure to comply with criteria established by the Canada Green building Council. In order for the application to qualify, the Architect must prepare energy models, design the building to certain specifications; and, ultimately prove the building is functioning as designed. A number of these steps have already been undertaken to create the building specifications. The overall cost for these steps is in the $60,000.00 range. 4.4 The final component to the LEED program is the additional design fees of $68,000.00 for sub-consultants work for the inclusion of the LEED program. As indicated, when hired, LEED was not included in the original Architects RFP. Since that time, the Building Committee determined LEED was a desirable program to embrace in the interest of conservation and sustainable buildings. As such, the Architect and sub-consultants undertook additional time and material to develop a LEED program for this building and these fees are in addition to the original Architect's contract. 5.0 LEED VS. GREEN BUILDING 5.1 The Newcastle Library Building Committee is seeking direction from Council regarding construction of a LEED Certified Building; or to design a green building. For several reasons, LEED is a very desirable concept in building construction, sustainability; and for the community as identified in the Corporate Business Plan developing a Green Community Strategy. 5.2 However, the Architect has indicated the Newcastle Library could be constructed as a green building, adhering to the principals of LEED, but without the Certification. By doing so, approximately $50,000 to $60,000 would be saved in modeling, testing, commissioning and verification costs. 5.3 As such, the Building Committee requests Council direction in this regard. If Council desires a LEED Certified project, additional design changes will be taken into consideration. If a green building is acceptable, the savings from not proceeding with the testing, commissioning and verification could be applied to the construction budget. 6.0 PROCEDURES TO RE-TENDERING IN EARLY 2008 6.1 The Architect feels that with competitive bidding, the tender prices will more reflect the construction budget amount. 6.2 In addition, re-tendering at this time is beneficial as contractors will be bidding for work in the spring; and, all seven pre-qualified bidders are expected to submit competitive bids. The Architect is proposing to make optional changes to the REPORT NO.: Addendum to COD-050-07 PAGE 6 construction materials and methods without compromising quality, bearing in mind that some material costs may escalate by the time we re-tender. These optional changes will be reviewed by the Building Committee for selection and approval. 6.3 Significant components such as the pitched roof over the main library space and clay brick, which is comparable to surrounding structures, will be retained. 7.0 ADDITIONAL CONSULTANTS FEES 7.1 The consultant has reviewed the additional fees associated with the increased redesign of the building. As indicated in Report COD-050-07, the consultant estimated an amount $75,000.00, however, the consultant has advised his fee will be $37,500.00 and he will absorb any additional costs in excess of this amount. 8.0 FINANCIAL IMPACT 8.1 The Director of Finance has reviewed the options described for a LEED Certified Building and a green building. The Director of Finance confirms the proposal for a green building continues to meet the intent of the funding from the Municipal Government Enterprise Reserve Fund. 8.2 All other funding sources identified in Report COD-050-07 remain as recommended by the Director of Finance. 9.0 CONCLUSION 9.1 The Building Committee will report back to Council for approval when the project has been re-tendered. Attach.#l to Addendum COD50-07 Cl!Jl-/l]glon REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: September 24, 2007 Resolution #: Report #: COD-050-07 File#: By-law #: Subject: Tender CL2007-42 - Newcastle Library Capital Project Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report COD-050-07 be received; 2. THAT the Tender Bids received for Tender CL2007-42 be rejected; 3. THAT Council formally confirm the revised Capital Budget Amount of $3,450,047.00 4. THAT Council authorize the Newcastle Library Building Committee to re-scope the Newcastle Library project and to re-issue the tender to the same pre-qualified general contractors early 2008. 5. THAT the previously awarded consultant's contract with Shoalts Zaback Architects Ltd, Kingston, Ontario; be amended to reflect the additional design to an maximum amount of $75,000.00; and, to include LEED design work in the amount of $68,000.00 plus $60,000.00 for the LEED Application, Energy Modelling and Commissioning without impact to the project budget; and, 6. THAT the attached By-law marked Appendix "A" authorizing the Mayor and Clerk to amend the existing contract agreement between Shoalts Zaback Architects Ltd and the Municipality be approved. / Submitted by: ~ll70-0- Marie Marano, H.RSc., C.M.O. Director of Corporate Services C~illJ-~_~~~ fNancy Taylor, B.B.A., CA, t 'Director of Financerrreasurer MM/JB/EH/BT Ig] 0'" . #(\~. /~~ __ --V(. Reviewed b .' 0 Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-050-07 PAGE 3 1.0 BACKGROUND 1.1 In February, the Municipality advertised for; and, pre-qualified seven contractors to submit bids. Since that time, two firms had advised they were unable to bid due to other commitments. 1.2 Tender CL2007-42 for the construction for the Newcastle Branch Library was advertised and issued to pre-qualified contractors with bids being received on September 6, 2007; as per Schedule "A". 1.3 At the bid opening, only three submissions were received. Two of the bids were submitted on time; with one bid being rejected as it was submitted late. 1.4 As noted on Schedule "A", the two qualified bids were in excess of the funds allocated to the construction budget amount $2,648,895.00 2.0 BIDS ANALYSIS 2.1 As indicated, the two qualified bids that were received are in excess of the construction budget. Following the opening, the Consultant contacted the remaining pre-qualified bidders to determine why bids were not received. They both indicated they were experiencing difficulties in obtaining quotes for materials and one indicated that he missed the closing deadline due to timing and heavy traffic. 2.2 Other contributing factors to the high bid amounts were costs related to addressing the soils conditions, increased construction costs since establishing the original construction budget; and, unexpected costs related to certain materials required for the project. Steel, drywall, painting and floor finishes were well in excess of estimates prepared by the Consultant during the pre- construction cost analysis. 2.3 While the Municipality reserves the right to negotiate with the lowest bidder; given the projected scope of changes, it was determined this would not be a prudent course of action in this case as we would not expect to generate the required reductions. 2.4 The Newcastle Library Building Committee is aware of the financial concerns within the Municipality as outlined by the Director of Finance; and, for this reason, recommend that Council reject both bids; and, authorize the Building Committee work with the Consultant to re-scope the project in order to bring it in-line with the financial resources allocated to the project. 2.5 The Building Committee is recommending the tender be re-issued in early 2008; and that the same seven pre-qualified contractors be given the opportunity to bid on the revised project. REPORT NO.: COD-050-07 PAGE 4 3.0 SCOPE OF WORK 3.1 In order to bring the project in-line with the financial resources, the Building Committee has reviewed a number of options. The Committee recommends re- scoping the project design through a number of changes to the building components. In order to do so, the Consultant will re-design the building with staged reductions, possibly including a reduced floor space and changing to a flat roof. 3.2 In consideration of the above, these adjustments will allow us to re-tender the project in early 2008 for construction. 4.0 DESIGN 4.1 In order to achieve the desired results, the Consultant will re-scope the project design within the financial resources. This will require a significant amount of work by the Consultant including redesign and revisions and to re-issue the tender documents tender drawings. Accordingly, the Building Committee is recommending the Consultant's contract be amended to reflect this increased scope of work to an up set limit amount of $75,000.00 to be drawn from the existing project account # 110-42-440-85510-7401. 4.2 At the award of the Consultant's Contract to Shoalts Zaback Architects Ltd, the Municipal Building Committee had not included the LEED (Leadership in Energy and Environmental Design) green building program. Through the design concepts prepared by Shoalts Zaback Architects, it was determined by the Committee; and, presented to Council in December 2006; the Newcastle Branch Library would qualify as a LEED Certified Building, demonstrating the Municipality's commitment to conservation and sustainable buildings. 4.3 The initial consultant's contract did not include fees for the additional scope of work for LEED development; nor did it include fees for the sub-consultants working with Shoalts Zaback Architects for the preparation of LEED design work and tender documents as required by the Canada Green Building Council for approval. 4.4 The revised project budget presented at an October 2006 Building Committee meeting at which a number of both the Library Board and Council members were present. At that meeting the Consultant identified the necessary funds for the LEED application should the Building Committee determine the LEED process was viable. The budget includes $60,000.00 for LEED application process, energy modelling and commissioning, $68,000.00 for the Consultant and their sub-consultants for the design phase, construction and specifications documents as well as construction administration. 4.5 The Engineering Department is also recommending future project work for the proposed Newcastle Memorial Park Soccer Field be included within the scope of REPORT NO.: COD-050-07 PAGE 5 this work however to be funded from a separate account to be approved during the 2008 Capital Budget deliberations. 5.0 PROJECT BUDGET 5.1 At the referenced October 2006 Building Committee meeting, the project budget was reviewed. The 2006 Capital budget provided funds in the amount of $2,788,604.00. At Library Board meeting, a number of items were reviewed and budget adjustments were recommended in the additional amount of $661,443.00 based on a number funding sources suggested by the Director of Finance bringing the total project amount to $3,450,047.00. This was referenced in Report COD-027-07 approved by Council June 25, 2007. 5.2 As the Building Committee had recommended construction of a LEED Certified Building, funding from the Municipal Government Enterprise Reserve Fund would be allocated to the capital cost difference in the amount of $285,000.00. 5.3 The Library Development Charges financing was also adjusted to reflect future capacity requirements in the additional amount of $178,810.43. This is in addition to the original budgeted amount of $1,405,456 and will result in an estimated debenture of $1,584,266.43 once the tender is awarded. This is determined based on the non-replacement square footage cost share at the mandatory 90% eligibility for development charges funding. However, this is substantially in excess of the original amount determined in the 2005 development charges background study of $1,210,500. There is no opportunity to increase this amount further as there will be a shortfall in the Library Development Charges Reserve Funds in the foreseeable future. Some provision for this was incorporated in the 2007 budget. This will limit future library growth related projects until such time as the future Development Charges growth reflects this capacity. 5.4 Additional funds were also identified from the Capital Works Reserve Fund in the amount of $98,816.29 and the General Municipal Reserve Fund in the same amount of $98,816.29 in addition to the original budget amount for the non- growth share at 10% and the replacement square footage at the existing Newcastle Branch Library that cannot be attributed to future growth. 5.5 The Director of Finance concurs with these recommendations and funding sources. However, as noted, there is no opportunity to increase this amount further from a development charges perspective. REPORT NO.: COD-050-07 PAGE 6 6.0 CONCLUSION 6.1 The Building Committee will report back to Council for approval when the project has been re-tendered. REPORT NO.: COD-OSO-07 PAGE 7 u Leading the Way Municipality of Clarington Schedule "A" Bid Summary TENDER CL2007-42 GENERAL CONTRACTOR FOR THE CONSTRUCTION OF THE NEWCASTLE BRANCH LIBRARY Bidder Bid Amount (Excludina GST) Aecon No Bid Garritano Bros. Ltd. Bid Rejected Gerr Construction Ltd. $ 3,025,000.00 J. J. McGuire Ltd., No Bid Mitren No Bid Pre-Eng Contracting Ltd. $3,310,000.00 Strut-Con Constructions Ltd. No Bid *GST Extra REPORT NO.: COD-050-07 PAGE 8 Appendix "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize an amendment to the contract between the Corporation of the Municipality of Clarington and Shoalts Zaback Architects Limited, Kingston, Ontario, to amend the agreement for Architectural Services for the Newcastle Branch Library. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an amendment to the contract between Shoalts Zaback Architects Limited, Kingston ,Ontario, and said Corporation; and, 2. THAT the amended contract attached hereto as Schedule "A" form part of this By-law BY-LAW read a first and second time this 24th day of September 2007 24th day of September 2007 BY-LAW read a third time and finally passed this Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attoch.#2 to Addendum COD50-07 Clfll:-!nglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: June 18, 2007 Resolution ,.{lflA- 'Ii/5-0] Report #: COD-027 -07 File#: By-law #: Subject: Update - Newcastle Library Capital Project Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-027 -07 be received for information. Submitted by: . /\( 01 eQ a. ~ Reviewed by:U -----1A...J LC Franklin Wu Chief Administrative Officer Ie arano, H.B.Sc., C.M.O. Director of Corporate Serv'ces /~ MM/EH/BT/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: COD-027-07 PAGE 2 1.0 BACKGROUND 1.1 Report COD-027-07 is prepared to provide Council with an update for the Newcastle Library capital construction project. In December 2006, Council was provided concept and schematic illustrations of the proposed 9,100 square foot Newcastle Library facility. Included in those discussions was the introduction of a LEED (Leadership in Energy and Environmental Design) Green building. This would be the first LEED Certified building to be constructed by the Municipality, demonstrating the Municipality's commitment to conservation and sustainable buildings. Since that date, the Building Committee in conjunction with the Architect have worked to achieve these goals and to remain within the revised budget of $3,450,047 as presented to a joint meeting of the Library Board and Councillors October 2, 2006. 1.2 In preparation for the final design, it is a standard practice for the Architect to undertake a Geotechnical (Soils) Investigation of the site. The final report received by the Architect indicated that the soils in this area were deficient and that design alternatives must be taken into consideration for the development of the final construction specifications. The architect and sub-consultants have developed suitable specifications to enable us to continue with the project at this site. During discussions with the soils engineer, he has advised this problem exists within certain geographical areas of Newcastle. 1.3 The development of these revised specifications has caused a delay in the preparation of the overall building specifications. This was necessary to ensure the final design documents address these concerns in order that the selected general contractor will have all required information for the construction of the facility, limiting possibilities of additional construction charges once the specifications are issued and construction has commenced. 1.4 This report will provide specific updates related to the LEED application, geotechnical investigations and revised milestone dates for Council's information. 2.0 LEED Application 2.1 The Architect is in the process of developing a LEED program submission for this project. All LEED applications are submitted to the Canada Green Building Council for approval. The LEED program is a point-based process, with certain prerequisites for qualification. The points are assigned in six areas; . Sustainable Sites . Water Efficiency . Energy and Atmosphere . Materials and Resources . Indoor Environmental Quality . Innovation and Design Process REPORT NO.: COD-027-07 PAGE 3 2.2 There are four (4) classifications of LEED Buildings: . Certified . Silver . Gold . Platinum Based on the size of this project, point limitations and budget, the Municipality will be submitting an application for a LEED Certified project. The expenses related to the LEED application and additional work for the architect and consultants are included in the revised budget. 3.0 Geotechnicallnvestiaation 3.1 Prior to the development of final drawings, a Geotechnical Investigation is undertaken to ensure the selected site location will physically support the building. In this case, the investigation by a qualified soils engineer indicated the existing site soils were not suitable for normal construction utilizing standard excavation methods and construction of supporting footings. The soils were identified as soft clay. Normally, with suitable soils, the contractor would excavate a trench and construct footings to support the building. In this case, due to the soft clay soils, there are several alternatives such as driven piles, augered caissons, or surcharging the site. Any of these three alternatives would support a building of this size. 3.2 The soils engineer has proposed a process of surcharging the site. This method is the least expensive and calls for the excavation of the 9,100 square foot building footprint to the desired depth and dumping granular fill within the footprint and letting it stand for a period of 4 to 6 weeks. The weight of this fill would cause the site to settle in advance of the construction. This method has also been reviewed by the Architect's engineers and they are in agreement with the process. 3.3 The estimated additional cost to alleviate the unanticipated poor soil condition is $150,000.00. The Building Committee is bringing this matter to Council's attention at this time. Once the Municipality receives the construction bids, the Building Committee will be in a position to make the appropriate recommendation to Council. In the interim, the Architect has made several revisions to the plans to reduce overall costs in an effort to absorb these additional costs within the revised budget and project contingency. REPORT NO.: COD-027-07 PAGE 4 4.0 Revised Milestone Dates 4.1 As mentioned, the project schedule has been delayed as the Architect, Soils Engineer and the Architects project engineers developed a suitable process for the establishment of an affordable building support system (including time required for the surcharging). The Architect advises the following milestone dates for the balance of the project: Completed Construction Drawings and Tender Documents July 05, 2007 Tender Submissions from Contractors August 02, 2007 Report to General Purpose and Administration Committee September 04, 2007 Ground Breaking Ceremony Week of September 24, 2007 Construction October 2007 Total Performance August 2008 Library Opening October 2008 5.0 COMMENTS 5.1 Construction Contractors were pre-qualified by the Committee in March 2007. Accordingly, the pre-qualified contractors are aware of the project delay and will be notified of the revised milestone dates. Based on the above dates, the Building Committee expects to receive Tender Documents in August 2007 and will strive to work within the project budget. A report recommending a General Contractor will be submitted to the General Purpose and Administration Committee on September 04, 2007.