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Home My WebLink AboutOPD-003-08 Cl!1ljggton REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 31, 2008 f<-esolvd-ion -J}q(Jfh13fo-O'? Date: Report #: OPO-003-08 File#: By-law #: Subject: RAILWAY GRADE IMPROVEMENTS, DARLINGTON PARK ROAD COURTICE, AUTHORIZING BY-LAW FOR THE EXECUTION OF AN AGREEMENT BETWEEN CANADIAN NATIONAL RAILWAY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report OPO-003-08 be received; and 2. THAT the attached By-law, authorizing the execution of a Standard Premium Surface Crossing Rehabilitation Agreement between Canadian National railway and The Corporation of the Municipality of Clarington be approved and that the Mayor and Clerk be authorized to execute this agreement. Respectfully by, P?r;1' ;- !~ Su itted by: Fred Horvath Oi ector of Operations -' cJ~~ Reviewed by: Franklin Wu Chief Administrative Officer FH/kr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #OPD.003-08 Page 2 1.0 BACKGROUND 1.1 Staff from Clarington and the Canadian National Railway have received numerous complaints regarding the condition of the at grade double track crossing on Darlington Park Road, Courtice. The tracks cross the roadway at a sharp skewed angle which also makes it difficult for cyclists to safely cross this section of the Waterfront Trail without dismounting. The elevation changes make for a rough crossing by Recreational Vehicles as they continue onto Darlington Provincial Park. The crossing on Darlington Park Road was initially constructed during 1960 leaving the road authority with a junior status and the responsibility to assume all costs of the at grade crossing surface while the maintenance cost of the automated protection system is split 50/50. The cost of any maintenance of the timber planks or the proposed rubberized upgrade to the crossing surface is the Municipality to assume. 2.0 REVIEW The Railway contacted the Municipality during May of 2007 and advised that the timbers were in need of replacement during 2008. Although there would be a larger initial outlay of funds they recommended the Municipality seriously consider an upgrade to a rubberized crossing surface at this time to greatly improve the crossing surface and reduce future maintenance costs. The rubber material will cost $26,000.00 and the labour costs will be $10,000.00. Funds in the amount of $42,000.00 were approved in the Operations Department 2008 Capital Budget for this proposed work and the related approach paving costs. Discussions with Darlington Provincial Park showed that the season opens May 2 and it is essential that the work which requires a full road closure for two (2) - three (3) days to the only proper access into the park must be completed before that date. A full closure is required due to the assembly and paving process required to ensure a quality end result. The railway has indicated it has CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 Report #OPD-003.08 Page 3 arranged a tentative start date for the week of April 7, 2008 as long as agreements are approved, signed and forwarded shortly. As park usage will be limited during April, employees of the park and residents on Down Road, and Emergency Services will be able to access the properties via Colonel Sam Drive in Oshawa and into the park via the Water Front Trail gated access. The railway has forwarded a Standard Premium Surface Crossing Rehabilitation Agreement (Attachment No.1) for the crossing at mile 296.22 (Attachment No.2) requesting the Municipality authorize three (3) copies of the agreement and initial each page in the bottom left and corner in the area identified as RA (road authority). The three (3) signed copies are to be forwarded to Peter Gorski, CN Engineering Services. The Railway will then authorize the agreement and retum one executed copy back to the Municipality for our records. 3.0 RECOMMENDATIONS It is recommended that Council approve the attached By-law (Attachment No.3) authorizing the execution of a Standard Premium Surface Crossing rehabilitation Agreement between Canadian National Railway and The Corporation of the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 Report #OPD-003-08 Page 4 Attachments: Attachment 1 - Standard Premium Surface Crossing Rehabilitation Agreement Attachment 2 - Key Map Attachment 3 - Authorizing By-law for the execution of a Standard Premium Crossing Surface Agreement List of Interested Parties: Peter Gorski CN Engineering Services 1 Administration Road Concord, Ontario L4K 1 B9 Darlington Provincial Park Greg Walsh Park Superintendent 1600 Darlington Park Road Bowmanville ON L 1 C 3K3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 ATTACHMENT NO.: 1 REPORT NO.: OPD-003-08 STANDARD PREMIUM SURFACE CROSSING REHABILITATION AGREEMENT THIS AGREEMENT effective as of the _ day of , TWO THOUSAND AND BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Railway") and - MUNICIPALITY OF CLARINGTON in the Regional Municipality of Durham and Province of Ontario (hereinafter called the "Road Authority") WHEREAS it is the Road Authority's intent to rehabilitate the surface of the crossing with the installation of a premium crossing surface consisting of Hi-Rail Full Depth Rubber NFB centers and RS field side seal where Darlington Park Road crosses the right-of-way and 2 main tracks of the Railway at mileage 296.22, on the Kingston Subdivision (hereinafter the crossing) in the Municipality of Ciarington, in the Province of Ontario; AND WHEREAS Railway is the senior party at this location; NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this agreement, the parties agree as follows: 1. The Railway will carry out the installation in accordance with Railway requirements respecting safe railway operations 2. All costs associated with the installation and maintenance of the premium crossing surface will be paid by the Road Authority. 3. Replacement of the premium crossing surface or any of its individual panels will be subject to the same terms as detailed in clause 2. 4. The Railway shall prepare all accounts on a monthly basis for work performed by the Railway using rates as stipulated in the latest "Schedule A" Directives as issued by the Canadian Transportation Agency. In the event that the Canadian Transportation Agency should discontinue publishing same, the accounts shall be prepared in accordance with standard rates adopted by the railway industry in Canada, or in their absence, in accordance with standard rates adopted by the Railway. If there should be no standard rates in effect for work done by the Railway, the accounts shall be based on actual costs plus allowances for the Railway's overhead. Initials: CN Page 1 RA ATTACHMENT NO.: 1 REPORT NO.: OPD-003-08 5. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and all applicable federal laws and regulations. 6. This agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line for continued operations, the Railway will have the right to assign this agreement to any subsequent owner. 7. This agreement shall become effective on the date appearing on page 1 of this agreement and shall continue until either the Railway discontinues its operations, or the Road Authority closes the Highway, at this location, or upon the written consent of both parties. 8. Upon execution, the Railway may file this agreement with the Canadian Transportation Agency. 9. Subject to clause 8, this Agreement is confidential and the Agreement or any of Its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as may be required by law or upon the prior written consent of all parties hereto. 10. If the either party fails, at any time, to fulfill its obligations provided In the present agreement, the other party, at its option, may upon reasonable notice, undertake the necessary measures to ensure safety, at the risk and expense of the responsible party as defined in clauses 3, 4, 5 and 6. 11. Any dispute relating to the wording and interpretation of the clauses in this agreement will be resolved in accordance with the arbitration act of the Province in which the crossing is located. 12. The preamble to this agreement forms an integral part of the agreement. Initials: CN Page 2 RA ATTACHMENT NO.: 1 REPORT NO.: OPD-003-08 IN WITNESS WHEREOF, the parties have caused the agreement to be executed by their respective representatives hereunto duly authorized, as they declare, as of the date first above written. CANADIAN NATIONAL RAILWAY COMPANY General Manager (Witness) (Date) MUNICIPALITY OF CLARINGTON (Title) (Witness) (Date) Initials: eN Page 3 RA ATTACHMENT NO.: 2 REPORT NO.: OPD-003-08 LOT 30 LOT 29 I 1304 1305 1286 1268 . 1218 I ~ '" .r -;- g CIJIADWI PACIFIC R/VLWAY U'L ~ l!: -, 1078 ~ ;; ~ /~ ~ .., ;:: ~ :;; ~ Q Q ~ ~ n N " ~ 10" CIGAS FIOAO '\ 0 N :il Ol: ~ 1041 ~ Q 1030 '" ~ - !o/ !l! ! N ~ N N N .. I ~ ~ N 0 ~ ~ ~ ~ ~ :1 Q ~ N ::! !l! :!! :!! :!! :!! ;:: N :!! :!! ~ ~ ~ ~ L-- BASELINE ROAD .... z o CiS U'J W o Z o o ATTACHMENT NO.: 3 REPORT NO.: OPD-003-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- being a By-law to authorize the Standard Premium Surface Crossing Rehabilitation Agreement between the Corporation of the Municipality of Clarington and Canadian National railway, in respect to the rehabilitation of the level grade crossing on Darlington Park Road, Courtice, Municipality of Clarington, Regional Municipality of Durham also referred to as CN mile 296.22 Kingston Subdivision Line, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality ofClarington 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 Corporate Seal, a Standard Premium Surface Crossing Rehabilitation Agreement between Canadian National Railway and said Corporation. BY-LAW read a first and second time this 7th day of April, 2008. BY-LAW read a third time and finally passed 7th day of April, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk