CORPORATION OF THE CITY OF PORT COQUITLAM
PARKS & RECREATION COMMITTEE
A meeting of the Parks & Recreation Committee was held in the parks and Recreation
Office on September 2, 1993 at 8:30am.
In attendance was Councillor Mike Thompson.

Also, in attendance was Larry Wheeler, Recreation Manager/Deputy Director.

Item No. I

Construction fvlanagement Contract

Reviewed information received f'rom Mierau Construction and the City's solicitcr. Staff
were instructed to wotk with the City's solicitor to further clarify some of the contract
terms and to investigate wrap-up insurance.

Item No. 2

Street Games Pohcy

Reviewed information received from Chris Murdy. Staff were instructed to work with
the City's solicitor to further clarify the wording of the proposed policy.

Item No. 3

Reeve Park - Estimate For Basketball Court

Reeve Street Project Manager provided a cost estimate of approximately $ 25,000 to
pave the remaining area at the tennis courts for use as basketbaB courts. Received as
information.

Carljgfi

Item No.4

PoCo Ttail- Terms of Reference

Wording of the terms of reference was approved. Staff were authorized to distribute to
1
li
f ail d

.. 2/

-2-

Item Xe. 5

Capital Works Projects

Deferred to future meeting.

M. Thompson, Chairperson

SEP 02 &ggB

06/30/03

17:46

'B'604 662 6620

SIBR4U CONST'N

Miereas
6 201 - 81167 FasdoovBle Rd. Aoooaded, B.c. vas sw6

VI002

Phohsl 85(X8588
Fax 862.5828

August 30a 1993
THE CORPORATION OF THE CITY OI'ORT COQUITIAM
PARKS 8 RECREATION DEPARTMENT

2253 Leigh Sguare

port Cocpxitlam, B. C.
V3C 3H6

Atteutiona Sauna Tavlor. Perils 8 Recreation Director
Dear Zannal
Re."Construction~a

cement Services

have received your memorandum dated August 24, 1993 reguest.ing
We ax'e pleased to provide
the information as follows.
Al Reimbursable Costs
We

farther information end clarification.

~1

Our fixed fee includes:

Off-site=
-All of our head office resources including senior
managerdent personnel as well as other administrative
staff.
-All normal stationery and supplie's.
On-site:
-Site office facilities consisting of two rooms with
telephones, photocopier, fax and furnishings.
-Project Superintendent- full time for the duration of the
construction obese
-Superintendent vehicle and vehicle expenses.
-All normal stationery and supplies.
2) Reimbux'sable Exoensesx

Appendix 'A" is a standard pert of the CCA5 — 1988
contxact form The purpose is to establish work which
is nct covered in the construction Iianagement scope and
set up a means by which
could be done as a

it

reimbursable expense.
I assure you that there are no surprises or hidden costs
a"sociated with this Appendiax. No expenditures or
reimbursabie expenses can'be made without the prior agreement
and authorization of the City cf Port Ccxtuitlam as is set out
in the general conditions.

08/20/88

17:46

Cl'804 862 6020

RIERBU CONST'N

ill 008

Page Two

City of Port Coquitlam
August 30, 1993
Some examples of typical reimbursable expenses are

-Advertisina coal-s- costs of placing tender
advertisements in local papers. This could be arranged
and paid for by the City directly or we could look after
it as a reimbursable expense.
-Blue Print Costs- Normally the consultants look after
blue prints, but it may be more efficient for the
consultants to provide sepia prints and we look after
the printing. On the Matsqui Recreation Centre4 Matsqui
looked after the printing directly.
-First Aid Attendant- we will attempt to set up the trade
packages so that there is always an Industrial First Aid
Attendant provided by' trade contractor. However, at
some point this may not be possible or feasible due
to the dates of start and finish of each package. In
this case we could provide an IFA person, or the City
couId provide one, on an interim basis. An IFA person
is required when continuous work forces exceed fifteen
persons.
-First Aid Facilities- When work forces exceed thirtyfive persons, a totally separate, fully equipped. first
aid trailer will be required. we will not put this
regni.rement into a trade package, as it wouldn't be
practical, but we will budget for'the cost of a rental.
We can provide this facility as a reimbursabie cost or
the City can provide or rent it directly.
The point I aalu trying to make is the Appendix "A does not
give us license to expend large sums of'xtra money
It is a tool which, under certain circumstances, will
facilitate the completion of the project.
In all cases, the
owner, not the Construction Manager has control of
expenditures.
~3

Sgoerintendeuce
The City's solicitor has raised a concern that
superintendence is only allowed for twelve months whereas
the contract duration is sixteen months. The answer to this

is that on site superintendence is required only during the
actual construction phase which we expect to be twelve
months. The pre-construction and post-construction phases
do not require site supervision.
i

5EP 02 1993

08/30/93

17:48

W804 862 6929

@004

HIERAU CONST'N

Paqs Three

City af Port Coauitlam

August 30
Bl

1993

Insurance Rscufrements
Manager
It is important to distinguish between a Construction
and a General Contractor. whereas a General Contxactor hes a
contract to perform work, a Construction Manager i9 retained to
represent the owner and manage all aspects of the construction
on behalf of the owner. As s result, the Construction Manager
is more like a consultant than 8 general contractor. Neither a
General Contractor or a Construction Manager is responsible for
the design of the project, which is why you have a dssJ.gn

consultant,

(probably tveuty to
twenty-five) which will bs issued on a modified CCDC 2
Btipulatsd price contract format. Unmodified, this contract
requires the trade contractor to pxovide Property Insurance and
General Liability insuxance. Dus to the impractibility of each
trade providing separate property insurance, We reCommend that
ths owner provides the property insux'anew with provision that
any trades making a claim axs responsible to pay the
deductible. The provisicn that the trade provide general
or modified to the
liability insurance could be re .ained as is
specific needs of the city based on your underwriter's
You will have numsrohs trade contracts

~

recommendatian.

I hops that. this letter has satisfied yaux'oncerns. Xf there
is anything I have not dealt with. adequately, please don'
hesitate to call.
We trust you. will find the above to be in order, and we remain;
Yours Truly
KIEKKQ COESTRVCTEQM LTD

Margison
~. Doug
Project. Manager
DM/tt

SEP 02 1993

CI1T OF PORT COQUITI AM
Memorandum
August 24, 1993

To:

Doug Msrgison, Project Manager

Prom:

Ianna Taylor, Patks dr Recreation Director

Subject:

Construction Management Contract

reviewed the
so promptly. The City's solicitor has
Thank you for sending the contract
There are several areas which he is
observations.
several
made
has
and
contract
them 'aud send you a copy of his letter.
concerned with. I wiB briefly identify

Rebnbursable Expenses
snd
more clearly what the $ 254,200 covers
It would be best if you could identify are.
identify what the xeimbuxsable expenses

also.

Insurance Requirements and Indemnities
'
general comments in regards
The City's solicitor h ssou tlin d s ome
give me your thoughts.
you review the comments and

to the above. Could

that the concept of construction management
protected.
he wants to ensure the City is

Psxt of the solicitor's concern is

Please give me a call at 944-5452

is new and

and we can discuss this further.

Parks 8: Recreation Duector

/ss

SEP 0 2 ]ggg

eLI
Mmm
CONeTRUCTtoa LTD.

Fhone: 850.3636

6 201 - 31 157 peardonville Rd. Attooteterd, s.c. v25 5w6

Fax 252.5929

August 16, 1993
PORT COQUITLAM PARKS AND RECREATION DEPARTMENT

City of Port Coquitlam
2253 Leigh Square
Port Coquitlam, B,C.

V3C 3BS

Attention: Janna Tavlor
Dear Madame:
Re: Hvde Creek Rel.reation Centre

and are attaching

we have prepared
As per our telephone discussion,
Management Contract for
Construction
proposed
the
of
two {2) copies

your review
Don't hesit=ate to call if you have any questions or comments.
recommending our firm for the Construction
Thank ycu very much
of the team
Management Services. We look forward to being a part
and we remain;
Your» Truly

f'r

CONSTRUCTION LTD.

Doug Mar'gis

Project Manager
DM/dm

cc: Larry Mierau

SEP 0 2 899

MAUKZNZIE HUKj3 Y R NGAI I ISTHMI.
BXLSRIS1'RIES 5* SGLIGITOTES
31

FLOOR FOUR BENTALL CENTRE

1055 DUN 5MUIR BTREET

FAX (804) 589.9029

P. 0. BOX 49059
V4NCOUVER, C4N*DA

TELEPNONE (504) 559-5255

VTX 104

August 23, 1993
V1A FAX

Janna TayloEr
Parks 6 Recreation Director
City Hall
Port Coquitlam, B.C.
K.

V3C 2A8

Dear Janna:
Re:

Proposed Construction Management Contract

Our File No. 2406

letter, we have now
Further to our August 19, 1993Contrac
. which the City
reviewed the draft Construction Management
Ltd.
Construction
is proposing to enter into with Mierau
with the
You have requested us to review thc Contract
August
Thursday
on
do
will
we
which
Parks and Recreation Committee,
a.m.
26, 1993 at 8:30
To facilitate that meeting, we have set out below several
g'eneral comments regarding the agreement for the .purposes of our
disc'ussion.
is a standard
The draft Contract indicates that itintended
scope of
the
document and so appears to cover adequately
is
Contract
The
contracting.
is
the
City
the services for whichto be understood in the industry in terms of
therefore also likely

each party's role and responsibilities.
On the basis of the background report presented by larry
has a good understanding of the
Wheeler, it seems that Council
Management and General
Construction
the
between
distinction
projects.
such
Contractor approaches to contracting
Some of the points and concerns which you may wish to
discuss at the Committee meeting are:

I.

PAYMEMT

for a basic contract
The Contract provides in Article A-5
we have no ide.i as to whether that is a fair

fee of $ 254,200

intended, but if it is consistent with other
price for the workthen
that should provide some measure of comfort.
bids you received,
— —

SEP 0 2 &ggp

August 23, 1993
MAOK+Ivzzz MIII«vv' MOAzxIs TzI9.
exclusive of
Our concern with the payment is that it isalso
exclusive
is
but
estimate
to
course
simple
of
G.S. T. which is

(pursuant to Article A-6) of reimbursable expenses.
wh'ich are
The difficulty with the reimbursable expenses,and
seem to
broad
extremely
set out in Appendix A, is that they are
the
City.
for
costs
additional
of
large
leave open the possibility
the
proposed
with
discussions
in
your
that
well
be
It may
estimate or further
Construction Manager that there has been some
be something you
it
may
if
not,
but
clarification of the expenses,
would want to explore.
expenses
For example, the description of the reimbursable
are those of the
provides that the only wages tnat are included
all
a twelve month period, with This
project superintendent beforcharged
month.
9,000
per
at
$
to
additional months
a significant «extra«, in that
provis'on itself could leadtheto Contract
Time is sixteen months.
Article A-2 indicates that
and salaries for
benefits
wages,
all
one
person,
Apart from that
the City.
to
personnel are an additional cost to be charged
A that there are
In addition, you will see from Appendix
with the
recoverable
of expenses
twenty five specific categories
other
such
all
«catch-all",
including
being a
last such category
of
having
that
example,
for
including,
and
incurred
costs directly
a

first aid attendant.
Appendix

A,

which

defines

reimbursable

expenses,

concludes with the statement that:
the
«It is the intention of the parties that and
cover
shall
herein
items referred to
include any and all costs and contingencies
incurred by the Construction Manager in
connection with the Project."
expenses may
Although many of the listed reimbursable
should
Committee
the
the
to
City,
well be fair additional charges
there
and
charges
additional
these
of
nature
broad
the
be aware of
Construction
the
proposed
should perhaps be some discussion with
Manager of exactly what impact this may have for the City,
pa ticulary for budgeting purposes.

II.

OWN FORCES WORK

You exoressed a concern regarding the City's intention
Manager not be permitted to bid on any of the
Construction
that the

major work.

in that
This is probably not going to be a problem
the Construction Manager to perform work
Article A-7 only allows
with his own forces with the City' approval. The City could make
SEP 02 1ggj

August 23, 1993

3

MAGKENXIE NIIIIDY a MOD Lls'APE

it will
of entering into this agreement that
it clear in advance
Construction
the
formance
by
approval for any pe

not give

its

Manager o f ma j or works .

ENTERING INTO CONTRACTS

You indicated a concern that each contract need not go to
Council for approval, as that may cause construction delays.

'at

the Construction
General Condition 3 provides
the
City and trade
between
contracts
Manager is to arrange for
(City)".
the
of
direction
with
the
"in
accordance
contractors
to simply utilize
as you suggested, the City wanted
If,
resolution
autnorizing
the
policy,
purchasing
standard
the City's
for
contracts
that
direct
to enter the Contract could, in addition,
contractors
trade
and
the
City
between
work
,-the performance of the
shall be entered into pursuant to the City's standard purchasing
policy.

Council
The impact of such a direction would be that
of
excess
value
in
a
of
contracts
would only have to approve
tendering
the
of
aware
also
be
should
Committee
The
$ 50,000.
requirements and involvement of the City's Purchasing Manager as

set out in that policy.
IV.

INSURANCE REQUIREMENTS AND INDEMNITIES

Contractual Provisions
the City must
General condition 4.7 provides that
listed in
coverage
insurance
the
for
and
maintain
pay
provide,
General condition 17.
City to insure
General condition 17 then obligates the Manager
against
Construction
the
for the purposes of indemnifying
(a)

any liability.
You will want

to ensure prior to entering into the
is
able, eithe- through the Municipal
the
City
Contract that
Insurance Association or otherwise, to comply with this contractual
agreement.

14
should as well be aware that General conditions
certainly
indemnities
are
and
releases
with
deal
through 16 which
drafted in favour of the Construction Manager.
For example:
the City
(a) General condition 14 provides that
Manager from all claims
releases the Const"uction
that might arise from the negligence or breach of
You

August 23, 1993
MAGKElvzIE MIJRDY'c NGAzIIsTRIz

for
contract by the Construction Manager aexcept
one year
those specifically listed and imposes
limitation period from the date of substantial
performance for claims to be brought;
City must
(b) General Condition 15 provides that the
all
against
Manager
Construction
the
indemnify
to acts
claims except those that are attributable
which
or omissions of the Construction Manage
constitut'e a breach of the contract; and
obligated in General
(c) the Construction Manager is
claims
Condition 16 to indemnify the City against
worded
is
but we note that that indemnity favour of more
the
the indemnity in
restrictively than claims
must be made in writing
City, in that the
the date of
within a period of one year fromaddition,
the
in
substantial performance and Manager
indemnify
obligation of the Construction amountsto which
are
the City is limited to the
to
recoverable under insurance maintained pursuant the
.General condition 17 (which is to say,
insurance arranged and paid for by the City) .

Additional Insurance Issues
One area members of the Committee might want to discuss,
and an area where Councillor Thompson may have some helpful
suggestions, is that of protection that might be available to the
City in completing this pro j ect .
was to be a General Contractor, the City would
If thererequire
general comprehensive liability insurance
likelihood
in all
and some sort of wrap up insurance or performance bond.
Here the City is, in effect, acting as a General
Contractor for the purposes of ensuring completion of the project.
General Condition 2.1
For example, you will note that
assumes
no responsibility
Manager
Construction
provides that the
or engineering
architectural
including
project,
the
of
for design
aspects
City'
Accordingly, you may wish to explore with the
available
insurance
is
additional
insurance advisors whether any
and if so, what would be desirable in order to protect the City.
(b)

.

TERMINATION BY THE OWNER WITHOUT CAUSE

General condition /.1 provides that if the City abandons
is obligated to pay a
the Contract in the. construction phase itManager
of five percent
Construction
the
to
amount
income
of
],oss

August 23, 1993

5

KKKIENZIH NUEII|Y'- NGALLISTER
that if the
Section also provides
stage
design
of the contract fee. in This
entire
the
design phase
the
abandoned
is
roject
P
fee of $ 30, 000 is payable.
to General
payable, pursuant
These amounts are also
which
Manager
the Construction

8.5, where it is
Contract.
the
terminates
can be a
compensation clausesproject
These loss of income it
for
a
on
embarking
is
when
government
local
to
case,
a
concern
in such
ing may not be complete because
.wh'ic th e f un din
ojec
abandonment or suspens
Condition

possibility.

Y

S.

&

McALLISTbR

urdy

CSM/am

cc=

Bryan R, Kirk,

City Administrator

SEP 02 tIjqg

MA.CEZNZIZ NURBY 85 MGALLISTER
RXLRRXSTZR

& SOXXOXTORS
FLooR FOUR SENTRLL EENTRE
1055 OUNSMUIR STREET

31

Fax (eoa) ese-5025
TELEPNoNE (604) see.5263

p.o. eox Roose
vaecovvER. caxaoa vvx1ca

August 19, 1993
VIA

'AX

Larry L.J. Wheeler
Recreation Manager
City Hall
Port Coquitlam
V3 C 2AB

Dear Larry:

Street Games

Our File No. 1262

Further to your request, we have revaewed your June 30,
1993 memorandum to Committee regarding a policy review cf the
City's approach to street games.
You indicated that the Committee would like to consider
whether wording should be added to the Bylaw or a policy adopted to
give the City some direction in relation to complaints that may be
received regarding street games.
I. SEVERAL INITIAL COMMENTS
Prior to discussing this issue in more depth, we have
several gex)eral comments on topic, expanding on the materials you
forwarded to us, as follows:
this issue is, as you indicated, quite a sensitive
one which, if not properly handled, could generate
you will recall
considerate ill will in the City
within the last several years the public relations
problems faced by your neighbours in Coquitlam when
it attempted, or was perceived as attempting, to
prohibit street hockey; and
'tinvolve
is possible to distinguish between issues which
construction of fixtures (such as the
to deal with regarding
difficult issue Council hadHomesteader
Court) from
the basketball hoop at
street
or other
hockey
like
things
involving
those
— —

street cxames.

SFP 0 2 tgq3

2

)Y(AGKENzIE MURDER a MGALLIBTI.R

II.

August 19, 1993

MUNICIPAL ACT AUTHORITY

The Municinal Act does provide the City with authority to

regulate in this area if it so chooses.
Section 582(1)(a) provides that Council may by bylaw
regulate:
highway or portion
"all uses of or involving auses)."
(traffic
than
other
it
of
Section 582(1.1) goes on to provide that:
"Except as permitted by a bylaw undera
subsection (1), no person shall... cause
nuisance on ... (or) obstruct... any portion
of a highway".
that nothing is
Accordingly, it is arguably the case
area, in that
the
in
regulate
to
stage
this
at
required by Council
unless
a
of
highway
the Munich al Act already precludes obstruction
a bylaw so permits uch a use.

III. THE CITY'S BYLAW

50'f

City's Traffic
In looking at Section referred tothe
memorandum,
in
your
Regulation Bylaw No. 1117 which you
to the
close
fairly
actua'ly
which
is
Council has adopted a Section
legislation.
captioned
above
effect of the
being present on a
That Section precludes people from
or vehicles
pedestrians
of
free
passage
obstruct
to
as
hiahway so
Council.
except with written permission of the
IV.

POLICY SUGGESTION

wording for a policy related to
If you wanted to consider
Act and Bylaw 1117, in line with your

enforcement of the Municinal
perhaps you might wish
summary of Committee's preferred approach, lines:
following
the
along
to consider something
Permanent structures shall not be placed on public
dedicated road or
property or highways (including
travelled
portion of a
the
boulevard adjacent to
of
the City.
consent
prior
the
without
highway)
the use of
Such consent shall not be given where
such structures could unreasonably interfere with
traffic or cause safety concerns.

P~r~
SE'0 "7 ~aqq

MAGKKNZIE NURD Y'k MGALLISTZR
The Council

3

August 19, 1993

will not give permission for use of

collector streets for use for street games.
With respect to streets other than collector
the provisions
streets, the City will not enforceghway,
unless a
related to ob
here a complaint
written compla
directed to
e
is received,
isance has been
investigate as
caused or traff
McALLISTER

coo jpY
rdy
CSM/am

cc:

Bryan R. Kirk, City Admi

Janna Taylor, Parks &

SEP 02 ~nqq

Mrs. N. Henderson
1151

Settlers Court

Port Coqui tlam, BC
VSC 5Y5

August 17, 1993

City of Port Coquitlam
Parks and Recreation Department
2253 hei gh Square
Port Coquitlsm, BC

Attention: Parks and Recreation Committee
RE: Street Games
I am writing wi th regards to the problems encountered with the
constant presence of street games on our cul-de-sac in Citadel
llei ghts.
We do not wish to spoi 1 the fun of children in our nei ghbourhood,
but have put up with a lot of problems encountered by them playing
street hockey and baseball. We have anywhere from 10 to 20 kids
at any gi ven time playing ri ght in front ol'ur house, where our
car is parked. They have hi t balls against the car many times, as
well as banged i t with their sticks while skating, or banged sticks
under the car to retrieve their ball. They sit on the csr and lean
against i t, even though we have asked them not to. They run
through our gardens snd lawns on their roller blades even though
we have asked them to be mo;e careful. They refuse to move the net
when we are trying to get by and also move only sli ghtly when we
sre backing out of the driveway. When we walk to get our mail from
the superboxes, they ei ther continue to play around us, or they
stop and stare until we are finished. The majori ty of the kids
playing hockey on our street don 't even live here. They come from
all
other streets because it is s quiet cul-de-sac where there
isn'tthemuch
traffic. Isn't is coincidental that we paid prime price
for our house so we could live on a quiet, desirable cnl-de-sacv
Our neighbours across the street moved this summer, partly because
they were very annoyed by the lack of re~pact shown for their
property. The e kids have admitted that they were kicked off their
own streets so have to play on ours, Aren't we the lucky ones!
Now for the damage report. As mentioned earlier, we have marks on
our car from sticks and balls. Worse damage was produced on our
van, when a boy on a bike ran into a goal net snd then hit the back

SEP 02 ]993

of our parked van, scraping it badly. We di dn 't ask for any
pavment. The final damage happened lasC week. I was in our front
room when I heard a loud noise and ran outside to see wha t had
happeneo'. All the kids were laughing, but some stopped as soon as
they spot ted me. One boy about 14 ".years old said "the blade just
III s blade had flown al I the
sl I pped off my s tick when I hi t i t
street
on
an angle, and hi t the top
the
middle
of
the
from
way
board of our siding, just under our front windows, leaving damage
on the siding. That could just as easily have hi t a small chi ld,
possibly causing that child to lose an eye or get a concussion.
When I told him he had damaged the siding, he just said "no way",
he saw che damage, he
and wanted me to prove i t, so I did, Wher.
see why we don ' wan t
realized I was serious bu t s ti I I cou 1 dn ' didn't
ask for payment,
them playi ng there any more. Again, we
didn't even mention i t to his parents, but if something isn't done
soon, we wi ll need to speak to his parents about the problem. He
isn't
the only one who has been a problem by any means, but he is
the most recent to cause damage and has also been a problem in the

pas C.

We
have asked them many 'i mes to please move somewhere else,
preferably tc a park or a parking lot where they could play wi thou
hurting anyone, damaging property and causing a lot of hassle for
residents. They sometimes listen for a day or two, then are back
at i t again. WhaC are we supposed to dog I thi nk we have been
very easy on them, buC can't continue to absorb the costs as well
as the anncyance involved. As well as ho;key, they are now playing
baseball. Some of those kids can defini tely hi t that ball hard
C

enough to cause damage.

have no objection to them having a basketball hoop, as long as
they move when cars come by and when people walk to pick up their
mai I from the superboxes. But hockey and basebal I, and maybe even
basketbal I will need to be forbidden since the kids just refuse to
have any consideration for their neighbours and the property
involved. It's about time that parents once again took the time
to get involved wi th their kids by taking them to a park or a rink
somewhere rather than just letting them take over the streeCs.
I know I am not alone in my feelings regarding this si tuation.
Wi 11 some li t tie chi ld have to be hurt badly before an& thing is
done to forbid street gamesz I certainly hope not. please pass
a law to outlaw them before i t is too late.
I would appreciate a reply regarding this matter. Thank you.
We

Si n cere I y,

Mari lyn Henderson
PEP 02 )993