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HomeMy WebLinkAboutEGD-034-08 q![-Wgron REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE July 7,2008 Resolution #:~ PA- Y33 -OS( EGD-034-08 File #: By-law #: .Q 00 ~ - I 'i I Date: Report #: Subject: MEARNS AVENUE RECONSTRUCTION CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-034-08 be received; and 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Agreement with Canadian Pacific Railway Company for the purpose to widen Mearns Avenue through the crossing at grade across the railway at Millage 162.92, Bellville Subdivision; and 3. THAT Council approve the by-law attached to confirm its decision to enter into the Agreement with Canadian Pacific Railway Company; and 4. THAT Canadian Pacific Railway Company is notified of Council's decision and that the Agreement is forwarded to them for execution; and 5. THAT the Engineering Department proceed with the installation of the drop arms by Canadian Pacific Railway Company as approved through the capital budget and pursues cost sharing possibilities with Transport Canada and Canadian Pacific Rail. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report #EGD-034-oS Page 2 Respectfully by, ;:ra u~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/jo/dv June 26, 2008 Report #EGD-034-08 Page 3 1.0 BACKGROUND Mearns Avenue is included in the road reconstruction program for 2008. The Engineering Department has previous reported on the Public Information Centre for the reconstruction of Concession Road #3 and Mearns Avenue. Report EGD- 15-08 is attached for reference purposes. The road reconstruction and urbanization of Mearns Avenue from Sprucewood Crescent to Concession Road #3 has subsequently been tendered and approved for construction. The Mearns Avenue level crossing improvement is included in Clarington's DC By-law for reconstruction and has been increasingly required from a public perspective due to the expanding surrounding development. The Municipality and the Canadian Pacific Railway Company (CP Rail) are in agreement that the improved safety conditions at the railway crossing on Mearns Avenue between Sprucewood Crescent and Longworth Avenue are required. In order to improve the level crossing, a widening of the railway platform is to be completed by CP Rail. These works will likely occur simultaneously with the road reconstruction and widening being completed by the Municipality. Subsequently, the additions of drop arms to the existing warning signals are to be installed. 2.0 APPROACH Phase one of the level crossing improvements will be the urbanization of Mearns Avenue on the approaches to the level crossing. Construction for this is slated to commence shortly. Phase two of the improvements will include widening the railway crossing surface at Mearns Avenue. CP Rail is proposing to complete these works simultaneously with our Mearns Avenue reconstruction at no cost to the Municipality provided we accommodate their work force during construction. The final phase will be to relocate the crossing warning signals that exist and install new drop arms at the level crossing. These works have been included in the approved capital budget in order to complete the final phase of improvements Report #EGD-034-oS Page 4 at the level railway crossing, however through continued discussions with CP Rail and Transport Canada the Municipality may be in a position to recover a significant portion of the level crossing costs. If we are successful Transport Canada may contribute up to 80%. CP Rail would cover 8% and the Municipality would then be responsible for only 12%. 4.0 DISCUSSION In order to improve the existing conditions at the level crossing on Meams Avenue and the Canadian Pacific rail line, staff recommends that the Municipality enter into the agreement in order to allow CP Rail to proceed with the required works. The Municipal Solicitor has reviewed a draft CP Rail agreement from a legal standpoint and has not brought forth any issues. Attachments: Attachment 1 - EGD-15-08 Attachment 2 - Agreement between Canadian Pacific Railway Company and The Corporation of the Municipality of Clarington Attachment 3 - By-Law List of I nterested Parties: David M. Lukianow, P. Eng Manager of Public Works Canadian Pacific Railway Company Attachment No.: 1 Report No.: EGD-034-08 REPORT ENGINEERING SERVICES DEPARTMENT Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday March 17, 2008 Resolution #: E3 f ff - d 11- 08 Report#: EGD-015-08 Flle#: By-law #: Subject: MEARNS AVENUE AND CONCESSION ROAD #3 RECONSTRUCTION PUBLIC INFORMATION CENTRE Recommendations: It is respectfully recommended that the GeneralPurpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-015-08 be received; and 2. THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. Respectfully by, AfL(l Submitted by: A.S. Cannella Director of Engineering Services cJ I <<--- LQ..,: ASL Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo~b March 11, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlLLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 Report EGD.o15.()& Page 2 1.0 BACKGROUND 1.1 Mearns Avenue is classified as a Type C Arterial road in Clarington's official plan and is included in the road reconstruction program for 2008. Concession Road #3 is classified as a Type B Arterial road in the official plan and will be reconstructed in conjunction with Mearns Avenue. The proposed reconstruction will provide for the urbanization of Mearns Avenue from Sprucewood Crescent to Concession Road. Reconstruction also allows for the urbanization and elirnination of obstructed vehicular movernents on Concession Road #3 frorn Mearns Avenue to approximately 500m west of Mearns Avenue. In addition the installation of sidewalk from Sprucewood Crescent to Ireland Street on the west side of Mearns Avenue has been included in the scope of the project. Mearns Avenue and Concession Road #3 are currently rural in nature and both projects are included in Clarington's DC By-law for reconstruction. The reconstruction will also include the installation of storm sewers, sidewalks in required areas, landscaping and street lighting on Concession Road #3. Street lighting on Mearns Avenue was previously approved as part of the 2007 street lighting contract. The Municipality is currently working with the Canadian Pacific Railway (CP Rail) in order to improve the safety conditions at the railway crossing on Mearns Avenue between Sprucewood Crescent and Longworth Avenue. Our goal is to encourage the railway to work with us to make these improvements in conjunction with our reconstruction. Discussions are still ongoing. Report EGO-G15-Ga Page 3 2.0 APPROACH Both Mearns Avenue and Concession Road #3 were included in the approved 2008 Capital Budget and preliminary designs have been completed. To assess suitable reconstruction measures for both Municipal projects and to obtain local resident input to the design process, a Public Information Centre was held. The public was notified of the meeting by newspaper advertisement and through the circulation of notices. In order to complete the improvements at the level railway crossing, the Municipality is currently attempting to receive a cost sharing proposal from the railway. These discussions are ongoing and a meeting will be held in early April with Transport Canada, the Municipality, and CP Rail to assess the eligibility of certain costs. 3.0 INFORMATION CENTRES Information Centre, February 5, 2008 At the meeting the following documentation and plans were presented for discussion: . Existing Road Condition Base Plans, showing proposed road works with aerial photography as a background for both Clarington projects; . A typical road section for urban designs with storm sewer locations and the location of a limited amount of watermain to be installed by the Region of Durham; . A Tree Assessment Report was available for reading. . Photographs of existing conditions throughout the project site. In all, approximately sixteen people registered at the meeting and the attendance register and comment sheets are on file with the Engineering Services Department and available for review. -- Report EGD-015-08 Page 4 The design proposals for the work presented were well received by the majority of those who attended and many interested observers provided positive feedback. Concerns raised were relating to: . SNOW CLEARING - on newly installed sidewalk along the lots fronting onto Mearns Avenue. The concerns with respect to the sidewalk snow clearing are currently being discussed with the Operations Department · RAILWAY LEVEL CROSSING SAFETY. several of those in attendance raised additional concerns about the need to improve safety at the railway level crossing. With respect to safety at the railway level crossing the Municipality is working with CP Rail towards the installation of drop-anns at the level crossing to improve the safety conditions. Safety improvements may also include the installation of a pedestrian maze as is being proposed at all four quadrants of the level crossing to increase pedestrian awareness and to avoid direct crossings. . SCHOOL CHILDREN - One resident had questions about how school children would be able to walk to Harold Longworth Public School from south of the railway, and had concems about access during construction and railway crossing safety. The Municipality's consultant, TSH, contacted Harold Longworth Public School to confirm that there are no students attending the school who live south of the railway tracks. Report EGD-01S-oS Page 5 4.0 DISCUSSION 4.1 As a result of the Information Centre. detailed design and tendering will proceed based on the comments received for the work that is being proposed by the Municipality. Attachments: Attachment 1 - Project Location List of Interested Parties: List with Engineering Services Contession Rd :3 . - IlillilU=~ ~ L~,l.'/. =~l E ~ t;;r ~! _ _ ~ .~ ~ ;\\\\1111 \\ ~ \ \ \ \ IIII 11111 II i III t- :J: . \ F..oIandAv.nu. nng'fiiI:m .on vonnm ~~/ = 111- 1-11111111\ II1111 UJlll) I \' ~ ::: '/ = - 1111111 . 1111111 ...........;:::. - ~=-I ! 1_~liIinue /11111111 rmr \~;= ~ j J.\= = r- .,\;;; ::0;" r- 1"/111111111 11111lliLUl:. 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'.L _JifJfa::; ", "". 1'. - DRAWN BY: E.L. -~... !=::::~~~\ -',1, L . '-lfjJ7\ \.F: . / ~ , ~ Im\..! '\.)j- ,,- /6 ." iii ~ ....; ~1iBOWMANVlLLE ,3 KEY MAP ", i.~~l "" \ f'B.~,' . J -~ r==" d ~ . ~- ::::= == =- -= !== == ~- r-= = )lr 11;1 1IIIIItlIIIIIIJB i W~E s I DATE: March 11, 2008 REPORT EGD-015-08 ATTACHMENT NO.1 G:\PM5-BueWlachrnenll\lAeaml Ave 10 COne Rd 3.mxd Attachment No.: 2 Report No.: EGD-O,*-08 THIS AGREEMENT effective as of the TWO THOUSAND AND EIGHT dOy~- ,---....---- - BETWEEN: CANADIAN PACIFIC RAILWAY COMPANY (hereinafter called the "Railway") and THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the Province of Ontario (hereinafter called the "Road Authority") WHEREAS Order NO. R-32062 of the Canadian Transport Commission Dated April 2, 1981, authorized the Road Authority to widen Meams Avenue through the crossing at grade across the track of the Railway at Mileage 162.92, Belleville Subdivision, in the Municipality of Clarington, in the Province of Ontario; AND WHEREAS it is the Road Authority's intent to reconstruct the "highway", namely Mearns Avenue, by widening the road and adding sidewalks on both sides of the road, where it crosses at grade the right-of-way and track of the Railway at Mileage 162.92, Belleville Subdivision (hereinafter "the crossing"), in the Municipality of Clarington, in the Province of Ontario, as shown on Plan No. R1 dated April 14, 2008 (hereinafter the Plans) attached to and forming part of this agreement. 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: RESPONSIBILITIES 1. The Road Authority and the Railway will carry out the work as shown on the Plan in accordance with their respective responsibilities in accordance with Railway requirements respecting safe railway operations. RAILWAY SAFETY ACT 2. The parties are required to fulfill their respective obligations under the Railway Safety Act. For the purposes of the Railway Safety Act, the Road Authority is considered to be the "proponent". HIGHWAY APPROACHES 3. The cost of reconstructing and maintaining the highway approaches to the crossing shall be paid by the Road Authority. CROSSING CONSTRUCTION COST 4. The cost of reconstructing the crossing surface shall be paid by the Railway. CROSSING MAINTENANCE COST 5. The cost of maintaining the crossing surface shall be paid by the Railway. PREMIUM CROSSING SURFACE 6. All costs associated with the installation of a premium crossing surface, such as full depth rubber, rubber railseal, concrete or steel, will be paid by the Road Authority. SIGHT LINES 7. All initial and on-going sight line clearing is to be in accordance with Transport Canada Railway Safety Directorate Guidelines G4-A (or any subsequent amendment thereof). Each party will be responsible for the physical work associated with the sight line clearing of its own property. The physical work associated with the sight line clearing of private property shall be the responsibility of the Road Authority. Costs associated with the sight line clearing of railway property shall be paid by the Railway. Costs associated with the sight line clearing of Road Authority property shall be paid by the Road Authority. Costs associated with the sight line clearing of private property shall be paid by the Road Authority. RELOCATION OF CROSSING WARNING SIGNALS 8. The cost of relocating any existing crossing warning system shall be paid by the Road Authority. ACCOUNTS 9. The Railway shall prepare all accounts using rates as stipulated in the latest Guide to Railway Charges for Crossing Maintenance and Construction 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. FUTURE RECONSTRUCTION 10. If at any time during the continuance of this agreement either party wishes to widen, relocate, make more narrow or otherwise upgrade (the "reconstruction") the crossing, the terms associated with the reconstruction will be agreed to by the parties by means of a written agreement between them. JURISDICTION 11. 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. ASSIGNMENT 12. This agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Notwithstanding the foregoing: (a) the Railway may assign its interest under this agreement to another railway, without the consent of the Road Authority, in the event of a transfer of the rail line for continued rail operation, provided that the proposed assignee covenants in writing with the Road Authority to be bound by this agreement and to fulfill all of the obligations of the Railway hereunder from and after the effective date of the assignment; and ! . (b) the Road Authority may assign its interest under this agreement to another public road authority, without the consent of the Railway, in the event of such public road authority assuming control of and responsibility for the highway at the location of the crossing, provided that the proposed assignee covenants in writing with the Railway to be bound by this agreement and to fulfill all of the obligations of the Road Authority hereunder from and after the effective date of the assignment. TERM 14. This agreement shall become effective on the date appearing on page 1 of this agreement and shall continue until: (a) the Railway discontinues its rail operations at the location of the crossing, unless the Railway chooses, according to its sole discretion, to leave its tracks in place notwithstanding the discontinuance, in which case the agreement shall not terminate until the Railway has permanently removed its tracks at the crossing; or (b) the Road Authority closes the Highway at the location of the crossing; or (c) the parties have mutually consented to terminate the agreement. TERMINATION 15. Upon termination of this agreement, unless terminated by a crossing relocation or reconstruction, the terms of which are to be set out in a subsequent agreement, the Road Authority shall be responsible for all future costs associated with the existence of the crossing, including the cost of maintaining the crossing or dismantling the crossing and restoring the Railway and Road Authority property to its original or mutually agreed upon condition. RESIDUAL OBLIGATIONS 16. Notwithstanding the termination of this agreement, unless terminated by a crossing relocation or reconstruction, the obligations of the Road Authority as to the termination clause of this agreement shall survive any such termination and shall remain in force until discharged. CANADIAN TRANSPORTATION AGENCY 17. Upon execution, the Railway shall file this agreement with the Canadian Transportation Agency. DEFAULT 18. If 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 defaulting party. RE PREAMBLE 19. The preamble to this agreement forms an integral part of the agreement. ." IN THE 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 PACIFIC RAILWAY COMPANY Signature and Title Witness: Signature and Title Date THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Signature and Title Witness: Signature and Title Date Attachment No.: 3 Report No.: EGD-034-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-XXX Being a By-law to authorize the execution an Agreement between the Corporation of the Municipality of Clarington and Canadian Pacific Railway Company for the purpose to widen Mearns Avenue through the crossing at grade across the railway at Millage 162.92, Bellville Subdivision. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD-0??-08, including the recommendation that the Corporation of the Municipality of Clarington enter into an Agreement for the purpose of widening Mearns Avenue through the crossing at grade across the railway at Millage 162.92, Bellville Subdivision. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Mayor and Clerk are authorized to execute the Agreement between the Corporation of the Municipality of Clarington and the Canadian Pacific Railway Company. BY-LAW read a first and second time this XX'" day of XXXX, 2008. BY-LAW read a third time and finally passed this XX'" day of XXXX, 2008. Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk