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Staff Report
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Report To: Joint Committees
Date of Meeting: February 6, 2023 Report Number: PWD-002-23
Submitted By: Stephen Brake, Director of Public Works
Reviewed By:
File Number:
Mary -Anne Dempster, CAO Resolution#: JC-003-23
By-law Number:
Report Subject: Authorization to Enter into a Rail Safety Improvement Funding Agreement
Recommendations:
1. That Report PWD-002-23 and any related delegations or communication items, be
received;
2. That the Mayor and Clerk, on behalf of the Corporation of the Municipality of
Clarington, be authorized to execute the Rail Safety Improvement Funding
Agreement for the grade level crossing maintenance and improvements on
Lakeshore Road (Mile 152.9, Belleville Subdivision), between the Canadian Pacific
Railway Company and the Corporation of the Municipality of Clarington; and
3. That all interested parties listed in Report PWD-002-23 and any delegations be
advised of Council's decision.
Municipality of Clarington Page 2
Report PWD-002-23
Report Overview
The Municipality of Clarington has been requested to enter into a cost sharing agreement
with CP rail for maintenance and improvement work at a grade level crossing on Lakeshore
Road (Mile 152.9, Belleville Subdivision) in Newtonville. CP Rail has submitted a Rail Safety
Improvement Program (RSIP) funding application for 2023 to mitigate costs. As per an
existing Board Order, Clarington is responsible for 50% of the costs. The costs are estimated
to be between $8,000 and $16,000 depending on approval of grant funding. The report is
written to provide authorization for the Mayor and Clerk to execute the agreement with CP
Rail.
1. Background
1.1 On January 21, 2019, Transport Canada submitted a Letter of Concern to the
Municipality of Clarington (Clarington) and the Canadian Pacific Railway Company (CP)
identifying a developing issue related to insufficient light units to provide effective
distribution on the northwest warning signal. Transport Canada recommended
corrective action for the deficiency (Attachment 1 & 2).
1.2 On July 8, 2022, CP contacted Clarington requesting to enter into a Rail Safety
Improvement Funding Agreement to complete warning system improvements relevant
to the safety of the Crossing, as described in the cost estimate (Attachment 3).
1.3 As stated in Board Order R-10334, dated December 4, 1970, Clarington is responsible
for 50% of the cost of the maintenance and operation of the warning system at this
grade crossing (Attachment 4).
1.4 Canada's federal Ministry of Transportation (Transport Canada) administers the Rail
Safety Improvement Program (RSIP) and provides grants and contribution funding to
improve rail safety, including safety improvements to existing rail lines, closure of grade
crossings, and initiatives to raise awareness about rail safety issues across Canada.
1.5 The work contemplates upgrades to the crossing warning system which may be eligible
for funding under Transport Canada's RSIP. CP applied for funding on August 1, 2022.
2. Approach
2.1 CP shall complete the Work, including the procurement of all materials and labour at its
sole discretion and in accordance with applicable laws, to its own satisfaction.
2.2 Before formal notice of funding approval from Transport Canada, CP may design the
warning system and retain any required third -party engineering services for the Work.
Municipality of Clarington Page 3
Report PWD-002-23
2.3 Before formal acknowledgement of funding approval from Transport Canada, CP may
order any materials required in connection with the Work.
2.4 Upon release from Transport Canada, CP will notify Clarington as to the status of the
Application including whether or not Transport Canada has granted the requested
funding.
2.5 On or before November 28th, 2023, CP will complete the Work.
3. Financial Considerations
3.1 The estimated cost of completing the Work is $33,640, as further described in
Attachment 3, which may vary depending on market or site -specific conditions.
3.2 CP submitted an RSIP Application to Transport Canada seeking funding for 50% of the
estimated cost or approximately $16,820 (CAD). If this amount is approved by Transport
Canada, the costs will be apportioned as follows:
Description
Percentage of Estimated Cost
Cost (CAD)
Transport Canada (RSIP)
50%
$16,820
CP Rail
25%
$8,410
Clarington
25%
$8,410
3.3 If the application for RSIP funding is not approved by Transport Canada, the cost will be
apportioned as follows:
Description
Percentage of Estimated Cost
Cost (CAD)
CP Rail
50%
$16,820
Clarington
50%
$16,820
Municipality of Clarington Page 4
Report PWD-002-23
3.4 Clarington's costs will be accounted for through the Safety Devices / Railway Crossing
Maintenance / Improvement account in the 2023 Public Works Operating Budget.
4. Concurrence
This report has been reviewed by the Deputy CAO / Treasurer who concurs with the
recommendations.
5. Conclusion
It is respectfully recommended that the Mayor and Clerk, on behalf of the Municipality of
Clarington, be authorized to execute the agreement between the Canadian Pacific
Railway Company and the Municipality of Clarington.
Staff Contact: Kevin Heathcote, Capital Works Supervisor, 905-623-3379 ext. 2302 or
KHeathcote@clarington.net.
Attachments:
Attachment 1 — Letter of Concern Re: Signal Inspection to Clarington, Transport Canada
Attachment 2 — Letter of Concern Re: Signal Inspection to CP Rail, Transport Canada
Attachment 3 — Schedule `A', Cost Estimate
Attachment 4 — Board Order R-10334
Interested Parties:
The following interested parties will be notified of Council's decision:
Tyler C. Pattyn, Supervisor, Crossing Compliance, CP Rail
Attachment 1 to Report PWD-002-23
Transport Transports
Canada Canada
Ontario Region
Ontario Region Surface
Suite 300
4900 Yonge Street
Toronto, ON M2N6A5
LETTER OF CONCERN
January 21, 2019
Mr. Daniel Shannik
Signal Supervisior
Canadian Pacific Railway Company
Subject: Signal Inspection
Dear Mr. Shannik,
Our file: RSIG - 5205725
I am a Railway Safety Inspector designated by the Minister of Transport under subsection
27(1) of the Railway Safety Act (RSA).
On January 14, 2019, I performed an inspection of Canadian Pacific Railway Company
and identified a concern as detailed in the attached appendix. It was determined that there
are insufficient light units to provide effecttive distribution of light within the distances
specified for the front light units within SSD on the NW signal. This condition will be
considered a non-compliance at the end of the 7 year phase in period which is November
28 2021.
Cana11*1
Should you require additional information on this matter, please do not hesitate to contact
me, at (647) 278-5754 or by e-mail at john.valencik@tc.gc.ca.
Yours sincerely,
1
CJ
John Valencik
Signal Systems Inspector (Badge ID: 30022)
Rail Safety
CC: Chris Bunnett, Manager, Signals and Communications, Canadian Pacific Railway Company
Stephen Spencer, Assistant Director, Signals and Communications - East, Canadian Pacific Railway
Company
Raymond Fowler, Roadmaster, , Canadian Pacific Railway Company
Page 2 of 3
Transport Transports
Canada Canada
Transport Canada Rail Safety - Signals Inspection Report
Railway Company Canadian Pacific Railway Company Summary 2019-01-14, Ontario Region, Reference #: 5205392 TC Inspector ohn Valencik
Concerns
Responsible
Location
Description
Corrective Action
Ref. #
Authority
AWS: Mile 152.90, Belleville
Canadian Pacific
AWS - Functionality and Operation
Developing issue for Railway, corrective action is recommended: - Enter corrective actions
5205455
Subdivision (Canadian Pacific),
Railway Company
here -
Glovers Road (Lakeshore Road), (Y)
Details:
CrossingID: 19086
7b - Light Unit Configuration (light units cover all road
Effective As Of. - If not immediate, enter implementation date here -
approaches)
- (1) of Developing Issue - GCS Article 13.1 -
insufficient light units to provide effecttive distribution
of light within the distances specified for the front light
units within SSD on the NW signal.
Canada
Page 3 of 3
Attachment 2 to Report PWD-002-23
Transport Transports
Canada Canada
Ontario Region
Ontario Region Surface
Suite 300
4900 Yonge Street
Toronto, ON M2N6A5
LETTER OF CONCERN
January 21, 2019
Mr. Slav Potrykus
Clarington, Municipality of
Subject: Signal Inspection
Dear Mr. Potrykus,
Our file: RSIG - 5205783
I am a Railway Safety Inspector designated by the Minister of Transport under subsection
27(1) of the Railway Safety Act (RSA).
On January 14, 2019, I performed an inspection of Canadian Pacific Railway Company
and identified a concern as detailed in the attached appendix.
This is for your information only.
Should you require additional information on this matter, please do not hesitate to contact
our Duty Line at 416-973-7074.
Yours sincerely,
John Valencik
Signal Systems Inspector (Badge ID: 30022)
Rail Safety
Canada
Transport Transports
Canada Canada
Transport Canada Rail Safety - Signals Inspection Report
Road Authority Clarington, Municipality of Summary 2019-01-14, Ontario Region, Reference #: 5205392 TC Inspector ohn Valencik
Concerns
Location
Responsible
Description
Corrective Action
Ref. #
Authority
AWS: Mile 152.90, Belleville
Canadian Pacific
AWS - Functionality and Operation
Developing issue for Railway.- Enter Optional Response Comment Here -
5205455
Subdivision (Canadian Pacific),
Railway Company
Glovers Road (Lakeshore Road), (Y)
Details:
CrossingID: 19086
7b - Light Unit Configuration (light units cover all road
approaches)
- (1) of Developing Issue - GCS Article 13.1 -
insufficient light units to provide effecttive distribution
of light within the distances specified for the front light
units within SSD on the NW signal.
Canada Page 2 of 2
Attachment 3 to Report PWD-002-23
SCHEDULE "A"
THE WORK
File:
Signals & -Comm unicaticns
Raad: Lakeshore Food
Date: 2022-0&24
Estimate of cost to Add side light tG Dover all road approadues at the crossing of Lakeshore road irdnear Clarington, Ontario
and mile 152.90 Bel "I a subdivision_
MATERIAL:
Gate assemblies, Gale arms, Light units (LEGS), Masts, Cantilevers, etc_
$2,20C
Constant Warning Time Control equipment accessories, etc.
Insulated Joirrts_ eio.
Battery cells
Foundations, Tunnel Liner, etc.
Wire, Cable, Bonds, etc.
570C
Housing Material
Miscellaneous Materials
S 1,00C
MATERIAL:
SubTolal:
es gc"
Material Overheads (iB% Sched C)
S7c_
LABOUR:
Labour (InstAa6an)
$0,00C
Labour (Stadmory Leave):
CW% Sohed 8}
$2,91 C
Labour (Supervision, Adm inisaation General):
(63 % Sdred 8)
$6,97C
Labour (Travel 8 Expenses):
Sahed I]
$2,70C
LABOUR:
Sub Total:
119,98C
SERVICES:
Engineering Services Design
$6,00C
Transport 8 Rental of EquiPMEnt
$1,00C
Hydro ServiDes
U
SERVICES:
Sub Total:
$6,00C
Estimate Sub Total:
330,582
Conlin encies. 10% :
$3,058
Estmate Total:
$3 UO
Annual Schedule A Maintenance Cost, Standard Rate Type 2: 57.110
Estimate is subject to the Canadian Guide to Railway Charges for
Crossing Maintenance and Consiruation races in effect at time of
construction, otherwise valid for one year from dale of issue unless
Superseded_
Estimate shows present known material prices and arrtia paced labour
effort required_ Final billing will show acwal price paid and actual
labour effort expended.
Estmate is based cn work during frost -free ground conditions.
Unless spedfied in the description above, the estimate does not include any
casts assacialed with relocation of underground utilities or overhead vdres_
director Signals and Communiratiow, design
Signals & Communications
Page 6
Attachment 4 to Report PWD-002-23
COM-0 WON CANAMENNE UFS Tf2ANS:'ORY'S
RAII,WAY TRANSPORT CODIAI:TTEE
ORDER NO. R- 10334
December 4, 1970
Ottawa
IN THE MATTER OF the installation
of automatic protection at the
crossing of the railway of the
Canadian Pacific Railway Company
and Glovers Road, in the Township
of Clarke, in the Province of
Ontario, at mileage 15, ,_,2P
Belleville Subdivision:
File No. 42307
UPON reading the submissions filed;
IT IS, ORDERED THAT:
1. Within ten months from the date
of this Order, the Canadian Pacific
Railway Company shall install and
thereafter maintain flashing light
signals and bell at the crossing
of _its railway and Glovers Road,
in the Township of Clarke, in the
Province of Ontario, at mileage 152.90
Belleville Subdivision.
2. The said protection shall be
installed in compliance with the
requirements of General Order No.
E--6 of the Board of Transport
Commissioners for Canada.
3. Eighty per cent of the cost of
installing the said protection or the
sum of $11,370.00, whichever is the
lesser, shall be paid out of The
Railway Grade Crossing Fund; twelve
and one-half per cent of the said
cost shall be paid by the Tm%mship of
Clarke, in tho Province of Ontario,
and the balance of the said cost shall
be paid by the Canadian Pacific Railway
Company.
COIIITE DES TRANISPORTS PAR CHI? .IIN DE EVER
ORDONNANCE No R- 103311.
Le G. decembre 1970
Ottawa
RELATIVE d 11i_nsta1lation d'un systeme
de protection automatique au croisement
de la voie ferree de la Compagnie de
chemin de for du Pacifique-Canadian et
du;chemin Glovers, dans le canton de
Clarke, dans la province d'Ontario, au
point milliaire 152.90 de la subdivision
de Belleville:
Dossier no 42307
APRES lecture des pieces d.eposees -
IL EST ORDONNE CE QUI SUIT:
1. Dans les dix mois de la date de la
pr4sente ordonnance, la Cormpagnie de
chemin de for du Pacifique--Canadien devr. a
installer et, par la suite, entretenir des
signaux clignotants et une sonnerie au
croisement de sa voie ferr6e et du chemin
Glovers, dans le canton de Clarke, dans la
province d'Ontario.au point milliai_re 152.90
de la subdivision de Belleville.
2. Ledi.t systeme de protection devra etre
installe conformement aux prescr:i_pti.ons
de 11ordonnance gQn�rale no E-6 de la
Commission des transports du Canada.
3. Quatre•-vingts pour cent du coot de
11i.nstall.ati.on dud_it systbme de protection,
ou la somme de $11,370 si cette somme esi;
moins elevee, seront preleves sur la Cai_ssc.
des passages �L niveau, dou^.e et demi pour
cent seront payes par le canton de C1,.:rke,
dans la province d'Ont Lo et. �e rel.iquat
dudit tout sera 'a _la chime de-1 C:agnie
de chemin de fer &VTAHDga e�.-Gtnadien.
Vice-Pre,kdr_'nt
Chief Engineer
Signal Engineer
V. P. & com'a*rouer
Director of Corp. Accounts
Chief Joint Facility Acaau 1taut
M . Mdse. Sr 103
of Dew
ORDER NO. R-10334
4. Fifty per cent of the cost of
maintenance and operation of the said
protection shall be paid by the
Township of Clarke, in the Province of
Ontario, and fifty per cent of the
said cost shall be paid by the Cdnadian
Pacific Railway Company.
ORDONNANCE N R- 10334
4. Les frais d'entretien et de fonc-
tionnement dudit systbme de protection
seront payes dans la proportion de cin-
quante pour cent par le canton de Clarke,
dans la province d'Ontario et de cinquante
pour cent par la Compagnie de chemin de,
fer du Pacifique-Canadien.
(Signed) (Signature)
C.W. Rump
Secretary, Secr4t9ire,
Railway Transport Committee. Comite des transports par chemin de fer.
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