The URL can be used to link to this page

2009-01-26_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, January 26, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Employment Matter 10.2(4)(b,j) 1.1 Legal Opinion 10.2(4)(f,g) 1.2 Legal Opinion 10.2(4)(f,g) Regular Meeting 1. Call to Order - Prayer 5:30 p.m. 2. Approval of Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Canadian Senior Little League Championship (Recommendation: Refer to Venue Saint John) 5.2 Land Acquisition Thorne Avenue Lift Station 44 - Downey Ford Sales Ltd. (Recommendation in Report) 53 Insurance Renewal 2009 (Recommendation in Report) 5.4 Lease Renewal for 4188 and 4192 - Courtenay Bay (Recommendation in Report) 5.5 Pipe Crossings Under CN Tracks Mile 130 and Mile 1.31 (Recommendation in Report) 5.6 Letter to Council Re: Canada-Russia Challenge (Recommendation: Receive for Information) 5.7 Letter to Council Re: Centennial of Powered Aviation in Canada (Recommendation: Receive for Information and Refer to Clerk for follow up) 5.8 Saint John Parking Commission Appointment of By-Law Enforcement Officer 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By-laws 10.1 Proposed Water & Sewerage By-Law Amendment - Schedule "C" I 1. Submissions by Council Members 11.1(a)(b) Transportation Study Greater Saint John Motion (Councillor Titus) 11.2 Exempt Individuals from Water Rate Increases (Councillor Killen) 12. Business Matters - Municipal Officers 12.1 Saint John General Fund: The 2009 Operating Budget 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 26 janvier 2009 Comite plenier 1. Ouverture de la seance 17 h Salle de conference, 8e Rage, hotel de ville 1.0 Question relative a 1'emploi - alineas 10.2(4)b)j) 1.1 Avis juridique alineas 10.2(4)f), g) 1.2 Avis juridique alineas 10.2(4)f), g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17h30 2. Approbation du proces-verbal 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Canadian Senior Little League Championship (recommandation : renvoyer a Venue Saint John) 5.2 Acquisition fonciere de la station de relevement no 4 de 1'avenue Thorne - Downey Ford Sales Ltd. (recommandation figurant au rapport) 53 Renouvellement d'assurance pour 2009 (recommandation fi(Turant au rapport) 5.4 Renouvellement des baux n° 188 et n° 192 - Courtenay Bay (recommandation figurant au rapport) 5.5 Passage de conduits sous les lignes de chemin de ter du CN - Mile 130 et Mile 1.31 (recommandation figurant au rapport) 5.6 Lettre au conseil concernant le Defi Canada-Russie (recommandation accepter a titre informatif) 5.7 Lettre au conseil concernant le centenaire de 1'aviation motorisee au Canada (recommandation : accepter a titre informatif et transmettre au greffier a des fins de suivi) 5.8 Commission sur le stationnement de Saint John Agent D'execution 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Projet de modification relative a 1'arrete sur les services d'aqueduc et d'egouts - annexe « C » 11. Interventions des membres du conseil 11.1(a)b) Motion sur 1'etude relative au transport dans le Grand Saint John (conseiller Titus) 11.2 Exoneration des augmentations de la taxe d'eau pour les particuliers (conseiller Killen) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Fonds d'administration de Saint John : budget d'exploitation de 2009 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance k , r", T The City of Saint John January 23, 2009 His Worship Mayor Ivan Court and Members of Common Council: Subject: Committee of the Whale for January 26, 2009 At its meeting on November 17, 2008, Common Council passed the following resolution: "RESOLVED that all agenda items considered' for Committee of the Whole Closed session meetings contain a preamble explaining the justification for the item being handled confidentially. " Below is an explanation for each item: 1.0 Employment Matter 10.2(4)(b,j): Personal information, labour and employment matters. 1.1 Legal Opinion 10.2(4)(f,g): (f) Information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business.(g) Litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal. 1.2 Legal Opinion 10.2(4)(f,g): (f) Information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business.(g) Litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal. Respectfully submitted, Jonathan Taylor, Assistant Common Clerk SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 U wwwsaintjohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 January 3, 2009 Dear Mayor and Council, Saint John has been awarded the 2009 Canadian Senior Little League Championships. This event will be held from August 7"' 2009 thru August 13"' 2009 and will feature six teams (15 - 16 yr olds)from across Canada. An event of this magnitude not only takes commitment from numerous volunteers but also the financial generosity from various sponsors. Therefore we are requesting a donation of $5,000.00 from the City of Saint John to help ensure the success of this tournament. Please make cheques payable to Little League N.B. (Saint John) and forwarded it to: 309 Montreal Avenue (E2M 3K5) Saint John N.B. Any concerns regarding this requesting please contact me at 672 5652 (home) or 643 8608 (cell) Thank you in advance for your assistance in this very exciting event. Your in Sports Vic Fitzgerald Chair person Canadian Senior Little League Championships O" COUNCIL M&C-2009-017 January 20, 2009 His Worship Mayor Ivan Court and Members of Common. Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project - Easement through lands of Downey Ford Sales Ltd. BACKGROUND: City of Saint Jahn On September 26, 2006 Common Council accepted funding from the Municipal Dural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. ©n. April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station #4, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfully negotiated an agreement with Downey Ford Sales Ltd. for the City's easement requirement in PID 551.16867, subject to Common Council's approval. A copy of the "Offer to Purchase" is attached hereto, together with a copy of the design plan and the proposed Plan of Survey. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. The market value of the easement requirement was determined to be $82,209.00 by David Babincau A.A.C.I., of deStetcher Appraisals Ltd.. The negotiated price is $102,761.00, being 125% of the appraised value. Report to Common Council January 20, 2009 Page 2 This is the sixth negotiated easement for this project that has been brought to Common Council for its consideration and approval. Staff is optimistic that negotiations with two of the other affected land owners can be successfully concluded in the next few weeks, and can then be brought forward for Common Council's consideration. Negotiations with all of the other affected land owners continue. RECOMMENDATION: 1. That The City of Saint John accept the "Offer to Purchase" from Downey Ford Sales Ltd. attached to M&C 2009 - 017 to acquire a municipal services easement in & through lands designated PID 5.5 116867 for the sum of $102,761.00 upon the terms and conditions contained in the said "Offer to Purchase"; and 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner City Manager F Wfp Terrence Totten, F.C.A. u E ID 1.~ M 17 C~ PIi P ati r ~r 9 N m m 0 w au. 0 f 1 'hY s° The Cry mniml Joan Peope°ly x~ 5e~" Key Pun/Casrte ea rEflrenrs c~.../s:w. ,5.0® i 1° 'A was. m~ Mar" u ,sssP. ~'.'n/a ~ y~ ~a xs ~ wR. w r.m/~ fa P.ntf[Id99 Ca Hee B.knawic4 t ~ ~ ' NoF.x s- ~ a.. ,avasss asnz °a fnPe M x.. a, xw / / \ t wm~e°a~cs .~+np °s a?sesz _ - ein.~pvn w„+m~ Pti~1 ^f r O 1t t~ P9 r tY +w- ~ five j ~ ~i f,~pTn e}[E~ f 9 \'x JO I ing V tM' / / CS-01 ,a. ~'N' I T Leorn C/L'eoands 2m~'a~4ue3 Ne.nww~-®nna.;ck I ! T ~ I n/~T ~ AR .a Plan OF 5urvey/A9art d'Arpentage use a Pe~u~rornenFe Exy d.. drdil de S Ift.d . Th°ne R . Uft SIM n f 4, l-.. Thorne Lift SlvNnn 4 c[ty M soW John . M.d Sa LJ n 5o;ni J n rn sp N 6N t Co t d Sa~L Joh Noarvsa 9r wrck . ae oereit e a e. ~ r anz M ZZa SS <2 ^~«d y~ W ~ ~ G a my wow w wow JY^ t"t 1 4 ~ m L Y t L d r 0 y~l q d ml ~~^d~ q° r "d u m V~ryI~ R , 6"~ 7! N i C III ' jQ~ P M~ l- 1 ^ JpF k i IIY"" ((IY '15 1 I y ~ I~ fd v . w u I „Y r ~Y M' d 41 I Il a~.N~ ~n M AAA 9 „ L' ~ ~,_M 1ru ~ ~ Intl d. ~ r II I 'I~v A ~ ~ ` CF-~ ~ '~a y u u I a ~ IP r rr+ ~ w II Jan:^~I~ ` I L~ j I 1( A I , ur I o No ~ " _ y 1 N I ~d ~ `'I, Ilhl I ~ tl I Idol ' pf ' ~Y ~ f q''qlm p~ a I II 40, ~u Y p, MI" 1 V ~ + l I Y i II + V ~ dl 'I 001 t° ,„a 4~,,k,,,, m%f~iylldyIWyH~~Oluuv~lil(io ~ Nh ~ Jpll I~~ - t ~ 11 » I r 7v ~ I ql l m u ~~'u'~~r ! ~ I I i 111 ( I JV woo ~1'aR 11 1 " V i v,„ y,y 4 fI1~N~luUl'i~Itll A' I ~ I XI I a ^ V I 1 0 l 2 i I~~IN 1 11 ~ d //111 X 1 1 1 I W111111 ' ( ~ lil a 1,n w w k Ir ~ d1 V u I ; ~ tl'r' ~I tl I I1 'iv Iw I ' 1, I ' ~1 „fl nl„°q,,,,~ ~'lu~',^V 1 l'lll~l^,~, I 1 ~ ill Rrl r. iw 1 ti ~p wr ~ -was Itl d ~ 1 11Van'~ ~ `I I ~ I~ °Y d',v vtl ~ ~ . ~ 1 ' :av . tl 41 ' b III C 1 ,ti II II I 1ul(^^~ o'r 1 e tl~11 N ~ ' " ~ i r lip' url'; y n,uuvllpl,~ t I: ~ z v Ilu i pp II I" ' Vll~~ I II ~ ~1 ~q I'I ~ 1 ` ^d4 ~ tl ~I I~ w tltltl P ~ ~ II1111„Iw d1WUGN I r~. ~ 1 „~!y' I t d 11 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through the Vendor's Lands as hereinafter set out upon the following terms and conditions: Vendor: DOWNEY FORD SALES LTD. 35 Consumers Drive Saint John, NB E2L4T3 Attention: Archie Downey Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21L 4L1 Attention: Common Clerk Premises: Portions of PI'D # 55116867 Comprising 3,925 sq.m. in Total Designated as Easement/Servitude "A" and Easement/Servitude "B" on a Plan of Survey Dwg. No. 507131K prepared by Hughes Surveys and Consultants Inc. (Photo-reduced copies of said plan attached hereto) Purchase Price: $102,761.00 + HST if applicable, payable on Closing Deposit: $10,000.00 payable within 20 days of adoption of Common Council Resolution Balance: $92,761.00 on Closing Closing Date: On or before July 31, 2009. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, 1 12 Agreement of Purchase and Sale Downey Ford Sages Ltd. and The City of Saint John structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall reinstate any portions of the lands subject to the easement disturbed by work or excavation to a gravel driveway condition (Granular Base & Subbase Materials as per The City's General Specifications). The responsibility and costs for subsequent maintenance of this "driveway", saving and excepting any costs resulting by subsequent work as described above done by the Purchaser, shall be borne by the Vendor. 2. The Purchaser may examine the title at its own expense within twenty (20) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. 3. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance of the easement herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $300.00 for legal fees expended by the Vendor to finalize this conveyance. 4. (1) The Purchaser shall at its cost during the initial installation of municipal works install a 6 inch waterline for fire protection purposes and a 1 inch waterline for consumption purposes from Egbert Street to the western end of Easement/Servitude "B'", with a shutoff valve at the western end of Easement/Servitude "B" on each of these two waterlines together with shut off valves on the 6" and 1" water lines at their respective intersections with the City's water main on Egbert Street. When these two (2) waterlines with all appurtenances have been installed and passed pressure testing, their ownership, maintenance, and responsibility shall transfer to the Vendor or the Vendor's successors in title; and (ii) The Vendor shall at its expense, and after obtaining proper permits, and after the Purchaser has completed initial installation of its works, be allowed to install two private water lines from the shutoff valves of the two waterlines referenced in subsection 4.(i) above at the western end of Easement/Servitude "B" to its two buildings on PID # 55116867. These water lines will not be able to pass through the Enbridge Gas New Brunswick Inc. property (PID # 55152094). (iii) The Vendor shall at its expense, and after obtaining proper permits, and after the Purchaser has completed initial installation of its works, be allowed to connect its two buildings 2 13 Agreement of Purchase and Sale Downey Ford Sales Ltd. and The City of Saint John on PID # 55116867 to the gravity sewer lateral(s) that the City of Saint John is to install as a part of this project; and (iv) This clause in its entirety, shall survive the completion of the transaction herein contemplated and shall be a benefit to the owner of PID# 55116867. 5. The Purchaser acknowledges that the Vendor is seeking a buyer for PID # 55116867, and the Vendor agrees that any sale of PID# 55116867 to a buyer shall be subject to this agreement, the Vendor shall ensure that such buyer will stand in the stead of the Vendor and shall be bound to complete the transaction contemplated between the Vendor and the Purchaser. 6. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser to complete the sale. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on February 11, 20109 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this ,-,2+' day of January, 2009. DO Y FOR SALES LTD. e.^C: Px """'H And. 3 14 Agreement of Purchase and Sale Downey Ford Sales Ltd, and The City of Saint John AND the Purchaser has caused these presents to be executed this day of , 20x9. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 4 15 Wt A' f ~fiUb f 7fi. 5tty of Saint doM Property get in / 1 `eb.wl f f<rv bla'n7be ee `rdf&m+ce- ice' A.:; " Lot E-98.6 Rooat.suac wq/ldo dr+b.~. r' ~ a En6ddp. Goo Na, e ewaa PrepaKy t x•s.~.~. w a c o« ~r° f tr`r \ ww ....ess me.t®r wa~.~sr~w.~~arw~tei a + _ -F s...+w - i.... W -2 \ i a s ew t sou » b..+w .w•e« u« uaP<a s..'i 4xw +x xi .F f a 1 M..Kama~ ..www rNa..a w.. 95-1 ai6/.xaA ye~lae.T+/'a+'°.~~'~~ ! J -+s ` i#a'sT.y Fwa Setax Ud. s # 4'ep.«p k :wrvw #4 .wY.+ 3. a aota . \ of . ~ / t / ~ .ate"~~ . # K .«.a.~wWS r!eMM e« A-'-' eua Maa3.Hcp.»~..M S ~ . # W «lutE mr44 v « W wN ee.l. w ~ / r~l' n / / s &~t !Na &~n9«es ~e Ct-0N~e ~We F4 14\. \ 4353248 Canada W. ,4 ~ vW .s«;Eye prpperty 4 4 ~ 1 axrJMlnt~.+w ims°mr..a ~ !p° arc ~ t - - n d'°_ ~ v*s. rs~iss 8 fo ac,.`~1~ o f Pte: s i / srs .o-xaa r~ sPe s r~ an+ a IM" yf a--„ - tom. ! / / xrs 4 4 u ~4~ Yens 4 Ik Mni 3 3y .4 4 `j.+` f t r f j + \°i 4 J / ~ ~ sin [ ..r. e~+M.aRm. ♦aaa. «..ai.+e aavs.a • / -Fart of stArvey/Plan dArpentage J J.P° Irving UmEtee • ~r.appnr r~~ f «.1»~.w moYn.t t^}t~ L.nualLsoenee ~lk / /f s Esi . U MN" - oa d a. ce droll ran 4 d• ¢axviWde Thorne Av ue Lf t SWa 04 , !'arena. Thorne lift Stctfan / 4 . C[.ty of Sa7esl Jahn . Y6e da SawPt Jahn nnaw3ck . Camtd' d ~ty~ 3 ,Mhn youe~.pV- Brvnaw3ck . Mz 'r4 St• K f e 6 r~ l..-. mars a .,,._n rw REPORT TO COMMON COUNCIL yMlvihhl,Mlnhh M & C - 2009-013 22 January 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Insurance Renewal 2009 BACKGROUND: r v /[v~9 r city of saint John The City's, "Agent of Record" has approached his markets and has obtained a renewal quote from the St. Paul's Fire & Marine Insurance Company in the amount of $ 1,010,182 for the 2009 tern-i. This procedure is in keeping with the resolution approved by Council at the Open Session meeting of December 10, 19x)0. It is the responsibility of the agent to obtain quotations on all insurance requirements for the City, and to provide this insurance at cost, without any commissions. The "Agent of Record" is paid an annual fee for his services, which has been specified until January 1, 2011. The fee for the 2000 tear is $ 45,000. The premium cost of insurance coverage for the year 2009 is quoted as $1,010,182, plus the agency fee of$ 45,000 for a total 2009 cost of S 1,055,182. This compares to the 2008 premium cost of $ 814,663 for insurance coverage and an agency fee of $ 45,000 for a total cost last year of $ 859,663. While the insurance premiums increased by 24.00 percent, since there was no change in our agent's fee the overall cost of insurance increased by 22.80 percent. ANALYSIS: The following will illustrate the loss ratios for the past five years on our major coverage as of December 1, 2008. 17 Coverage Year Initial Losses Premium to Date I ) Property 2004 113,891 0 2005 115,685 45,208 2006 158,889 79,349 2007 151,648 35,342 2008 149,503 39,500 Totals: 689,616 199,399 2) Auto - Fleet 2004 259,757 4,271 2005 268,559 52,481 2006 325,150 25,687 2007 277,110 75,502 2008 280,710 71,399 Totals: 1,411,286 229,340 3) Gen. Liability 2004 398,921 1,863 2005 413,283 9,617 2006 286,306 1,079,440 2007 257,675 209,989 2008 257,675 217,203 Totals 4) E & O LIAB. 2004 2005 2006 2007 2008 5) All Other Totals: 2004 2005 2006 2007 2008 1,713,619 1,518,112 43,277 0 43,277 0 47,181 0 42,463 0 42,463 1,820 21.8,661 1,820 50,164 7,804 50,020 0 91,402 0 84,552 0 84,312 2,282 Totals: 360,450 10,086 Loss Ratio 0 39.08 49.94 23.31 26.42 28.91 1.64 19.54 7.90 27.25 25.44 16.25 0.47 2.33 377.03 81.49 84.29 88.59 0 0 0 4.29 0 .83 15.56 0) 0 0 2.71 2.8 18 -3- 6) Total Annual Figures 2004 2005 2006 20107 2008 Totals ANALYSIS ...Cont'd; 866,010 19,938 2.30 890,824 107,306 12.05 908,928 1,184,476 130.32 813,448 320,833 39A4 814,663 332,204 40.78 4,293,873 1,964,757 45.76 The City isjust completing its third year with our broker and insurers. In 2008 the number of claims being presented to our insurers has shown an increase. Although our in-house program is still effective in reducing the amount of claims being presented to our insurers, the weather in 2008 has added to the number of claims. Although we believe that the City will not be found legally responsible for many of these nuisance claims, a reserve for the potential loss must be set up by the insurers and those amounts are reflected in the current loss ratio. Our new insures came on risk in January of 2006 and there have been some claims that have recently been presented under our 2006 Liability coverage. Our loss ratio has increased for our 2006 policy terns from 15. ] 7 percent at the beginning of 2007 to 130.32 percent at present. Our insurers are concerned about these persistent claims and this reflects upon the increased premium for our liability insurance. FINANCIAL IMPLICATIONS: The total cost of the insurance renewal for 2009, including the agency fee, will be S I ,055, I 82.00. Funds to cover the cost of insuring the City of Saint John have been included in the 2009 Annual Operating Budget. Attached to this report are three schedules which set out the various coverage, deductibles, and premiums. The City's Insurance & Claims Officer and the City's Agent of Record have analyzed the information and provide the following highlights, 19 --4- L PROPERTY: The premium for this coverage is determined by an average rate per $100.00 of insured value. The average rate used in 2008 was .0829. In 2009 the average rate was decreased by 10.53 percent to .075 per $ 100.00 of insured value. Although the insured values have increased by roughly $ 3,170,188, the premium has decreased by $ 11,870 or 8.62 percent less than the 2008 premium. The increase in values is due to an overall inflationary increase of three percent and the addition of various minor properties in 2008. The deductible for this coverage is $25,000. 2. AUTOMOBILE: The premium for this coverage has increased by $ 720 or 0.28 percent more than the 2008 premium. With the cap on soft tissue injury amounts, the A-1 Direct Compensation coverage, and our $ 2,500 Deductible, the numbers of claims being presented to our insurers continue to decrease. The number of vehicles has increased to 385 from the initial 382 vehicles for the 2008 renewal. The rating structure used by our insurers is based on the type of vehicle. The rate for each type of vehicle remained unchanged except for the following: I . Light Commercial was reduced from $ 720 each to $ 685 each. (There are l 11 Light commercial vehicles registered for 2009) 2. Trailers went from 225 each to $ 215 Each (There are 26 Trailers registered for 2009) 3. Licensed Equipment went from $ 225 each to $ 215 each. (there are 66 pieces of Licensed Equipment registered for 2009) The numbers of vehicles will be reviewed just prior to January 1, 2009.The actual premium may rise or fall slightly depending of the number of vehicle acquisitions or removals from the quotation list sent out in October. The Deductible for this coverage is $ 2,500. The City does not carry Collision coverage on City owned vehicles. 3. GENERAL LIABILITY: The premium for this coverage has increased by $ 210,925 or 81.86 percent for the 2009 renewal. The major reason for the increase is the insurer's concerti over the emergence of liability claims for the 2006 term and the hardening market due to the world economic situation. The numbers of claims being presented to the insurers has also increased in 2008 because of some extraordinary weather events. In February of 2008, after receiving substantial snowfalls, the City received 78.9 mm of rain on February 13'x' and then 55.9 mm of rain on February 18"'. The City statistically receives less than 60 mm of rain in the entire month of February. In March we saw a similar situation with the following rainfalls; March 5"' 21 .2 mm, March 8`' 78 mm, and March 20th 15.1 nn-i of rain. 20 -5- 3. GENERAL LIABILITY ...Cont'd: With the ground being frozen and many of the catch-basins being covered with snow and ice, the rains caused severe flooding and back-up problems throughout the City. On September, lei there was a 1 in 100 year rainfall of 142 + tnm in a 12 hour period. This again caused severe flooding and back-ups throughout the City, even in areas that have never had flooding problems in the past. The deductible for this coverage is S 25,000. 4. ERRORS & OMISSIONS: The premium for this coverage was reduced by S 2,463 or 6.16 percent for the 2009 renewal. This type of coverage is a more specialized coverage and generally follows General Liability trends but, the lack of claims for this coverage has allowed for the reduction. The deductible for this coverage is $ 10,000. 5. ALL OTHER COVERAGE: The premium for coverage including Excess Liability, Environmental Liability, Boiler, Computer, and Crime coverage, has decreased by $ 1,846 or 2.24 percent less than the 2008 premium. "Other Coverage" is provided in conjunction with, and, as an enhancement to, our major coverage. Their premiums will generally correspond to the rise and fall of our major coverage premiums. INPUT FROM OTHERS: Our Broker has approached the St. Paul Fire and Marine Insurance Company in an attempt to get some reduction in the 2009 premium. Based on the our loss ratio, the City's pro-active approach to reducing the risk of claims, and the continuing in-house claims handling procedure used by the City, the Insurers have for the most part allowed a small reduction in the various renewal premiums, with the exception being the General Liability coverage. Our Broker has also approached its other markets that declined to provide a quote either due to class or the need for much higher deductibles. They also advise that the 2009 premium being offered by our present insurer is the best value in their market place at this time. Due to the late negotiations between our Agent of Record and our Insurers over the premiums, our Insurers have allowed a Binding of Coverage as per this quotation until February 1, 2009 to allow for Council to make the final acceptance or rejection of this offer. 21 -g- RECOMMENDATION: It is recommended that Council accepts the insurance package offered by AON Reed Stenhouse Inc, and approves payments as fallow: AON Reed Stenhouse Inc. S 1,055,182 Consisting of InsUrance PrenliuMs of S 1,010,182 Agreed Agency Fee o 45,000 Total $ 1,055,182 22 SCHEDULE "A" PROPERTY (ALL RISK) INSURANCE: 2007 2008 2009 Values Insured: 173,708,631 180,341,088 183,511,276 Premiums: 151,648 149,503 137,633 Percentage Increase: (4.77 %a) (1.45 (8.62%) (Decrease) The increase, in values, is approximately 53,170,188. This consists of an overall three (3) percent inflationary increase to most items. There have also been a couple of minor additions and deletions to the 2009 schedule; We were notified that the Lily Lake Pavilion Inc, has included the Lily Lake Pavilion building into their "All Risk" property insurance coverage. As a result the coverage on the Building has been removed from the City's Insurance package, We insured the building for $ 2,060,000 and this will be removed from our coverage allowing a return of premium, We will also Be adding several vacant buildings that have been purchased by the City for the Peel Street Complex project. These buildings were initially slated to be demolished, but changes under the project have removed the need to demolish some of them. Other items that are included as part of our Property Schedule: Fine Arts, Extra Expense, Valuable Papers, Accounts Receivable, Watercraft Floater, Survey and Equipment Floater, and other minor benefit coverage. J. Emery LeBlanc, CIP Insurance & Claims Officer 23 SCHEDULE "B" AUTOMOBILE FLEET INSURANCE: 2007 2008 2000 Coverage Limits: 5,000,000* 5,000,000 ,k 5,000,000 k Deductible Amount: 2,500 2,500 2,500 Prerniurns. 277,110 280,710 281,430 Percentage Increase: (8.52%) 130% 0.26% (Decrease) * Excess policy for $5,000,000 brings coverage to 10,000,000. The number of vehicles listed for the 2000 quotation is 385.This is up by three (3) vehicles over the 2008 initial quote listing. An up-to-date list of vehicles will be provided in January and the premium will be adjusted accordingly depending on the actual number of vehicles. An adjustment will be done each year. We will provide the number of vehicles added or reiTioved from the fleet throughout the year and 50 percent of the charge for that particular type of vehicle will be charged or refunded as appropriate. (NBEF # 2113) The numbers of claims and the annual loss ratios have been dropping over the last three years and with the Soft Tissue Cap and the No Fault Property Damage Legislation passed by the Province, the number of claims should continue to be reduced. This of course should result in a. lower loss ratio for the City and a continued hope for future premium reductions. J Emery LeBlanc, CIP Insurance 24 SCHEDULE"C" GENERAL LIABILITY INSURANCE: 2007 2008 2009 Coverage Limits: 5,000,000 * 5,000,000 ' 5,000,000 Deductible Amount: 25,000 25,000 25,000 Premiums: 257,675 257,675 468,600 Percentage Increase: (11.11 (0.00%) 81.86% (Decrease) Excess policy for $5,000,000 brings coverage to 10,000,000. The increase in premiums is partly related the loss ratio for 2006 coupled with the increased number of claims presented in 2008. The Insurers have expressed concern over the increase in the 2006 loss ratio due to claims that have been presented after the 2006 terra. Unfortunately, there have also been a large number of claims presented in 2008 that have had an adverse effect oil the City's loss ratio for this coverage. The heavy rains last year resulted in significant flooding, including water in homes. Many claims have been presented and although we do not believe there is any legal responsibility for the damages caused by the rains, each claim must be reviewed and a reserve for the potential loss is set Lip that will impact our present loss ratio. The loss amount for each claim is determined by adding, 1. Any payout made by the Insurer for the claim, and; 2. Tile amount of the reserve set up for each claim. (This is the potential loss amount that may occur in the future finalization of the claim as set by the Insurer), and; 3. Any expenses paid by the insurer in handling the claim until it is finalized. (This includes Adjusting and 1 or Legal fees.). 4. The total amount is then reduced by the amount of the applicable deductible, which the City pays to the Insurers upon finalization of the claim. The Loss Ratio is then determined based on the total loss amount in relation to the total annual premium for the coverage. At the beginning of 2007, the loss ratio for the 2006 Liability policy was 15.17 percent. As of the beginning of 2008 it is now 377.03 percent 25 -2- Staff s initial impression was that the Insurers were over reacting by requesting what we believed was an excessive increase to our General Liability premium. We instructed the Agent of Record to revisit this initial quote from the insurers. Discussions and negotiations between the Broker, the Insurers and staff have resulted in a reduction of the initial requested premiums. It is also worthy of note that the increase in the General Liability premium has been partially offset by reductions in other coverage premiums, brought about by the City's extremely good experience records for those policies. J. Emery LeBlanc, CIP Insurance & Claims Officer 26 REPORT TO COMMON COUNCIL M & C - 2009-18 January 20, 2009 His Worship Mayor Ivan !Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease Renewal for #188 and #192 - Courtenay Bay Saint John Fort Authority Property BACKGROUND: f+W city of Saint John The Saint John Port Authority leases land to the City for a 60-inch sewer interceptor and a 42-inch sewer outfall, which expired on December 31, 2007. The Saint John Port Authority has advised the City they are prepared to extend the leases for a two year term beginning January 1, 2008 and ending December 31, 2009. The annual rents for Lease #188 (Courtenay Bay 60-inch sewer interceptor) will be $325.00 plus applicable taxes and $2,167.00 plus applicable taxes for Lease ##192 (Courtenay Bay Sewer Outfall). These rents will be due at the beginning of each year. These rents remain unchanged from a two year renewal that commenced in January 2005. RECOMMENDATION: 1. That The City of Saint John renew Lease #188 with the Saint John Port Authority Corporation for a further two (2) year tern (commencing January 1, 2008, expiring on December 31, 20109), at an annual rent of $325.00 per annum (plus HST if applicable). 2. That The City of Saint John renew Lease #192 with the Saint John Port Authority Corporation for a further two (2) year term (commencing January 1, 2008, expiring on December 31, 2009), at an annual rent of $2,167.00 per annum (plus HST if applicable). 3. It is further recommended that the Mayor and Common Clerk be authorized to execute the lease renewals. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning & Development CL/c Terrence Totten, C.A. City Manager 27 7_ v~7x'~r s, rN ski os~x G " 'r r x '1 ;M1" r '~`J. < r ,~"J';f'"~~s1 a c1 v ^rc+':~s5 •~.#g t,~} i b , • 4s / .~.1 4 °~".''rat`t r. •ry }~w q r~;kM^E ''Sri s w fir: 4 v L, { vh xc .rar t' FY.a„~~i ~r, M fi. iq. SY t ~ "s '+f .:I+ f, a F a✓ ' ~ °Y,4 i' r' F 'S ~ F x aw t . &l. A `'i 'y1'?a~y.'s'°s t1~`' a..~' r t "s r ' r' .n n f 'v x {r fH " `.<Y'xa ~bi.Rv,., Y~ Ofd -4a d T~ K `h f~ tv~{i'' Y< R .O.tx ~~j,r r g'4 r ,➢'y ~ a+. yA,'~' y .`,3 f-^- : 7 a ~ M r 1}~q '~"i~ ~~~n^.s q i { r ~ ~ :t- .r n ' F y♦ ~Y~ { ' > _ i ~ a .i" .Y+~.,. ^"..r' br "7. 7r3r p~°C d"'^ Sr, +'.lAr k~/-~u'•LY! ~/~Op~ „1 + .Y. ~ ~ I 1""Y 1 b '1 i,~.`~"'~y 0 ~ "1^~" F' . - ~ ;,I ~•'~T ' .I " c.` ~ s &~si:.; ,i'a' sIt s 6 /~Ti ,may 7h,,~d, ~ ~4 .A ~ :L . t " ~ ~ h ,.1 • tJ 4' S ' { M1 e 'der*'. x s r ✓ P~~.V7 ~c°rvsF',~;CTS°,ats~. d NATIONA Qr"5 'SA r~LI♦ ♦y~trJ1' ~ N Y `T i h~~4Tj rx SKr e. z , y: 44 Ck'V B`f: ATE=: 28 ~.aa.rGa"~~y~[s~" r E - - i 1 f, o { a ~ 17!' i✓Zr ~ ~ I 07- 800 ~ ,5'f•'drr~[r ,w' kr'Etz V Y a ' •C -'r ti .!'r ; ~ - _r ,.i 4 . , x tl leo 7✓1Yts .~d"A~ ~il~i' ~`I 29 M&C-2009-008 January 23, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Pipe Crossings Under CN Tracks - Mile 1.30 and Mile 1.31, Dry Dock Spur, Saint John, N.B. Thorne Ave Lift Station #4 Project BACKGROUND: On September 26, 2006 Common Council accepted fiinding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the fundim, On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has, subject to Common Council's approval, successfully negotiated Canadian National Railway's approval in principle for the City's installation of a Sanitary Forcemain pipe crossing under the CN tracks at Mile 130 Dry Dock Spur, and installation of a Double Sanitary parallel pipe crossing under CN tracks at Mile 1.31 Dry Dock Spur, both located off Bayside Drive. In order to enter upon these lands, CN requires the City to frilfill certain terms and conditions contained in two letters from CN dated October 09, 2008 and October 22, 2008, 30 Report to Common Council Januan- 23, 2009 Page 2 and their addenda as attached. CN will then sign and return the Standard Pipe Agreements for each of the two crossings. The CN engineering, agreement and administration fees associated with these Pipe Agreements are $1,900.00 + HST each for the life of the agreements. Additional charges for flagging and/or signal locates are supplementary and will be invoiced separately when work has been completed. The applicable fees for these supplementary services are as per the Appendix 1 document attached to each of the two CN letters. INPUT FROM OTHER SOURCES: The City Solicitor's Office has reviewed the documentation attached hereto pertaining to these two railway crossings. RECOMMENDATION: That The City of Saint John enter into agreement(s) with Canadian National Railway (CN) to permit the installation of a sanitary forecemain pipe crossing under CN tracks at Mile 130 Dry Dock Spur (Saint John) and the installation of a double sanitary parallel pipe crossing in CN Property at Mile 1.31 Dry Dock Spur (Saint John) upon the terms and conditions set by CN in their letters and documents attached to M&C 2009 - 008 for the sum of $1,900.00+ HST, if applicable, for each of the crossings. 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development PW P Terrence Totten, F.C.A. City Manager 31 11 ■ Wilson, Paul N~t9~-mod From: Farrell, Lynda Ott pf l' Wmp- Sent: Friday, January 09, 2009 9:13 AM -Up To: Wilson, Paul n1 R- Subject: RE: CNR pipe crossings - Off Bayside Dr® Paul: F 1 suggest the following wording for recommendation 1.) That The City of Saint John enter into agreement(s) with Canadian National Railway (CN) to permit the installation of a sanitary forcemain pipe crossing under CN tracks at Mile 1.30 Dry Dock Spur (Saint John) and the installation of a double sanitary parallel pipe crossing in CN property at Mile 1.31 Dry Dock Spur (Saint John) upon the terms and conditions set by CN in their letters & documents attached to M&C 2009-- for the sum of $1,900.00 plus HST, if applicable, for each of the crossings. The second recommendation is fine. From: Wilson, Paul Sent: Wednesday, January 07, 2009 4:50 PM To: Farrell, Lynda Subject: CNR pipe crossings - Off Bayside Dr Hi Lynda Attached is my draft report for the CN pipe crossings you brought me today. Can you please give your thoughts? Best regards, Paul r egion d National CN RCanadlen Region de I'Est du Canada A/s: Hatch Mott MacDonald 50, rue Cameron Moncton, (Nouveau-Brunswick) E1C 9A9 Telecopieur. (506) 857-6989 YIF: October 09, 2008 City of Saint John CIO Crandall Engineering Limited Red Rose Building Suite 130 12 Smythe Street Saint John, N.B. E2L 5G5 Attention: Michael Roaers. P. Ena. Canadian National Eastern Canada Region C/o: Hatch Mott MacDonald 50 Cameron St Moncton, N.B. EIC 9A9 Facsimile: (506) 857-8989 O/F: 4715-DDS-1.30 RE: Application for a proposed Sanitary Forcemain pipe crossing under CN tracks - Mile 1.30 Drv Dock Spur, in Saint John. N.B. Dear Sir, Canadian National has no objection to your proposed project to install a Sanitary Forcemain pipe crossing under CN tracks, at Mile 1.30 Dry Dock Spur, located in Saint John, N.B. providing you meet Transport Canada standard TC E-10. With reference to your submission dated October 08, 2008 and attached copy of plan number B010-027, your application has been reviewed and approved in principle. Arrangements for the installation can only begin when CN has received the following: signed copy of acknowledgement of Terms and Conditions and signed Safety Rules and Instructions to Excavators for the Protection of Underground Cables, SCP 1005 Six copies of plan indicating the following changes: Clearly identify CN Property line on plan and profile. Indicate width of CN Right-of--Way at crossing location. Indicate angle of crossing Indicate direction of flow Indicate warning marker locations Note stating "installation and Maintenance to be in accordance with TC E-10". Note stating that ends of casing will not be sealed. Engineer stamp and signature. Copy of Insurance Certificate Signed Agreements (3) Cheque for lifetime agreement ($1900.00 plus HST), payable to Canadian National Railway Company CIO Hatch Mott MacDonald 50 Cameron Street Moncton, N.B. El C 33 f The engineering, agreement, and administration fees associated with this application will be $1900.00 + HST. Additional charges for flagging and/or signal locates will be invoiced when work has been completed. The applicable fees for flagman and/or signal locates are as per attached Appendix 1. After receipt of these documents, an AUTHORISATION # will be issued, along with Track Supervisor contact information. If you perform the work without any CN flagman being present, an amount of $ 5000 shall be billed to you as a penalty If one or more trains are delayed, you must pay to Canadian National, under title of Damaaes of Liauid Assets and not under title of penalties, the following amounts depending on the situation: ■ Passenger trains: $ 2500.00 per delay + $ 23.00 per minute of delay Freight Trains: $ 140.00 per minute of delay ■ Each train delay can lead to additional costs that you will be responsible to pay If you are not present at the time and location agreed with the Track Supervisor, four (4) hours of site supervision fees shall be invoiced to you. To cancel work already scheduled, a twenty-four (24) hours notice must be faxed to the Track Supervisor. You shall provide a proof of insurance covering both Canadian National and the contractor proceeding to the work, including their respective employees, agents, representatives, contractors or invitees. This insurance coverage shall be against public liability and property damage, and shall contain an endorsement to the effect that Canadian National is named co-insured under the provisions of cross liability clauses. The amount of insurance required shall be $ 10 000 000. In consideration of the presents, you undertake to pay to CN all costs incurred for this project. It is understood that you remain responsible for those costs even if the responsibility of the work is entrusted by another party. Any damage to our property or facilities as well as any costs incurred by CN for this work shall be invoiced at a later date. The following conditions shall be met: No jacking pit will be allowed on CN's property. 2. A geotechnical laboratory shall be present on site, at your expense, when the work is being done. The laboratory shall approve the work procedures and exercise a rigid control of the excavated material to make sure there is no excessive excavation or settling. 3. If requested, a geotechnical laboratory shall send us, by fax at (506) 857-8789, a report on the advancement of the work. 4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on account of an obstruction, the partially jacked or bored pipe shall be cut, left in place and filled with concrete or grout pumped under pressure. At no time shall a partially jacked or bored pipe be removed. 34 5. Excavated material shall be removed, at your expense, from CN's property. This requirement shall also apply if, during the excavation for which this permission is granted, you shall excavate material known to be contaminated or which you recognize, after the excavation, as being contaminated. In the latter case, you undertake to dispose of such material in accordance with the requirements and conditions stipulated by all applicable laws and regulations. You hereby waive the right to make any claims against CN with regard to the quality of the soil found while excavating the premises. 6. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 7. On completion of the work, CN's property shall be left in the same or in better condition than the one prevailing before the work. All work shall conform to applicable CSA standards. It is understood that all work will be carried out in accordance with the attached CN "Safety Guidelines for Contractors and Non-CN Personnel" and "General Rules and Information". Please ensure that all personnel accessing CN property have been briefed on these documents. It is agreed that you will perform the work in accordance with all applicable laws and regulations, that you will take the necessary precautions to prevent contamination of the environment, and that you will save harmless the Railway from any damage to its property or to the property or other parties affected by the work, and from bodily harm, including personal injuries or death, to any of its employees, representatives, guests or other parties, resulting from, in whole or in part, the work you will perform by virtue of these presents. This crossing must be installed as shown on plan. CN retains the right to cancel or interrupt the work without notice and without incurring any penalty or responsibility whatsoever for railway operation reasons. It is your responsibility to locate existing public utilities and if necessary make arrangements with the concerned authorities. In order for us to proceed with your request, you shall undertake to abide the aforementioned terms and conditions by having the present letter signed by someone in authority in you company. Should you require any additional information, please do undersigned at (506) 857-8708 or fax (506) 857-8989. Please number in any communications with this office. Yours tru G~ 4 IS LEGER or. Dominique Poirier Engineering Officer not hesitate to call the quote the Railway's file 35 2003. 06. 10 STANDARD PIPE AGREEMENT - PROVINCES OTHER THAN QUEBEC YIF: OIF: 4715-DDS-1.30 AGREEMENT NO. This Agreement entered into at Saint John, Province of New Brunswick, this day of 200_ BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetiere Street West, Montreal, Quebec H313 2M9 (hereinafter called the "Railway") AND: CITY OF SAINT JOHN 175 Rothesay Avenue Saint John, New Brunswick E2J 2134 (hereinafter called the "Applicant") WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain a sanitary forcemain pipe crossing, within the Railway's right-of-way, at mile 1.30 Dry Dock Spur, off Mile 85.35 Sussex Subdivision (hereinafter the "works"), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 8010-027 (hereinafter the "Plan(s)"), attached hereto and forming part hereof. 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 Applicant will carry out the work as shown on the attached Plan(s) (Appendix A), and in accordance with Railway requirements respecting safe railway operations, and no works shall proceed until the Agreement has been signed and the plan(s) has/have been approved by the Railway. 2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TO E-10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent replacement document, according to the plans and specifications approved by the Railway. 3. No maintenance work shall be done without first obtaining the Railway's consent. 4. Under certain circumstances, before giving its permission to proceed to any work, the Railway may, at its discretion, assign an inspector to supervise the work to take place on its property. While so engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by the Applicant immediately upon request by the Railway. 5. All costs associated with the construction, the replacement, the use and the maintenance of the works, including flagging, location of underground cables and engineering fees, shall be paid by the Applicant. -2- 2003. 06. 10 The Applicant shall also pay all taxes, rates and assessments of any other nature that may be levied from time to time during the course of this Agreement against the Railway's property as a result of the works constructed by the Applicant. The Railway's G.S.T. Registration Number is R100768779. 8. The Applicant shall indemnify and save harmless the Railway from and against all actions, causes of action, proceedings, claims and demands (hereinafter referred to as "Liability") for any direct losses, costs, damages or expenses suffered or incurred by the Railway, by reason of any damage of whatsoever nature including damages to property or to any persons caused by, resulting from or attributable to any action or omission by the Applicant, its employees, servants, agents, licensees, invitees or generally by those for whom it is by law responsible or to the existence, construction, operation, maintenance, relocation, modification or removal of any crossing, or injury, including injury resulting in death, to the employees, servants, agents, licensees or invitees of the Company while on Railway property, except to the extent that such liability, damage or injury is contributed to, caused by, results from or is attributable to the negligence or misconduct of the Railway or of those for whom it is by law responsible. 9. The Applicant shall immediately carry out all measures which the Railway, in its sole discretion, considers necessary to keep the works free and clear of all environmental contaminants or residue (hereinafter referred to as "Environmental Contamination") resulting from the Applicant's occupation or use of the Railway's premises (hereinafter the "Premises"), such condition to be confirmed (at the option of the Railway and at the sole expense of the Applicant) by a post-termination environmental inspectionlaudit of the Premises to be carried out by the Railway. The Applicant shall be solely responsible for the cost of all work carried out to correct any Environmental Contamination which occurs on the Premises, or which occurs on other lands as a result of the Applicant's occupation or use of the Premises. 9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a potential source of Environmental Contamination may be either present on the Premises or at risk of escaping from or onto the Premises to or from the adjoining lands, the Railway shall have the right to enter upon the Premises, at all reasonable times and from time to time, in order to inspect the Premises and conduct or require the Applicant to conduct, at the Applicant's expense, such tests as may be required to verify the condition of the Premises. The Applicant shall, at its expense, take any and all action as shall be required to prevent such Environmental Contamination from occurring or escaping from or onto the Premises. b) The Applicant shall be responsible to notify the Railway of all Environmental Contamination that the Applicant suspects is occurring on or escaping onto the Premises from adjacent lands or resulting from third party occupation. 9.2 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the Railway and any public authority having jurisdiction, the Railway may perform such work by its employees or agents. The Railway may charge the Applicant from time to time for all the costs incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15%) for overhead, and the Applicant shall pay the Railway's invoice or invoices for such costs within ten (14) days of receipt of each invoice. In the event such remedial work is carried out by any public authority, the cost of such work shall be borne by the Applicant. 9.3 The Applicant shall comply with the provisions of any federal, provincial or municipal laws applicable to the Premises with respect to maintaining a clean environment. If any public authority having jurisdiction with respect to environmental protection or fire protection requires the installation of equipment or apparatus on the Premises to improve the environment or to improve fire protection facilities, then the Applicant shall promptly install such equipment or apparatus or take such measures as may be required by such public authority. The Applicant shall be solely responsible for the cost of all work carried out to comply with the requirements of a public authority. 9.4 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and tidy condition, free of any Environmental Contamisration resulting from or occurring during the Applicant's occupation or use of the Premises. If the Applicant has installed any facility on or under the Premises, . . . . _..)_:__1 - iL- _L AP TI__ A----L•_--_i -11 -3- 2003. 05. 10 occurrence, combined single limit for bodily/personal injury (including death), or for damage to or destruction of property (including loss of use) caused by accident or occurrence. This policy shall name the Railway as an additional insured and shall contain a cross-liability clause. 10.2 The Applicant shall provide the Railway with proof of insurance in the form of an insurance certificate, which certificate shall detail the coverage requirements and shall obligate the insurers to give the Railway a thirty (30) day prior written notice of cancellation or non-renewal, or of any material change affecting the coverage provided therein. 11. The Applicant's property, and any other person's property, shall, while located on the Railway's premises to fulfill any obligation covered by the present Agreement, be deemed to be there at the risk of the Applicant as to damages, loss or theft attributable to any cause whatsoever. 12. This Agreement is binding upon the respective employees, agents, successors and representatives of the Railway and the Applicant; however, the Applicant may not assign or transfer this Agreement, in whole or in part, or any of the rights and privileges resulting there from, without the prior written consent of the Railway. Said consent may not be unreasonably withheld. Notwithstanding the foregoing, assignment or transfer by the Applicant of its interests in the present Agreement to a parent, subsidiary or affiliate of the Applicant shall be not considered an assignment or transfer for the purposes of this Agreement. 13. This Agreement will continue in force from the date hereof to its termination, at any time, by giving a written notice to the other party at least thirty (30) days from the date of expiration. In the event of any failure by the Applicant to comply with any provisions of this Agreement, and upon the Applicant being notified in writing by the Railway alleging such failure and failing to remedy the failure within (thirty) 30 days of receiving such notice, the Agreement will be forthwith terminated upon receipt of written notice of termination. In either case, it is understood that the Railway will not reimburse the Applicant for any monies paid in advance under the provisions of this Agreement. 14. Unless otherwise specified, all notices, accounts, statements, reports, documents or instructions to be given by any party under the terms of this Agreement must be given in writing at the following address: FOR THE RAILWAY: 277 Front Street West, Floor 8 Toronto, Ontario M5V 2X7 Attention: Contracts Department Facsimile: (416) 217-6764 FOR THE APPLICANT: City of Saint John 175 Rothesay Avenue, Saint John, New Brunswick E2J 2134 Attention: Kendall Mason, P. eng. Facsimile: (506) 658-4740 Notice shall be sufficiently given if delivered by courier or facsimile, or if mailed by prepaid registered mail to the above address or to such other place as may be specified in writing. Any notice or other document, if delivered by courier or facsimile, shall be deemed to have been given or made on the date delivered or the date that a confirmation of receipt of the facsimile was recorded by the sender, and if mailed, on the third business day following the dge on which it was mailed. In the event of an actual or imminent disruption of postal service in Canada, the notice shall be delivered by courier. -4- 2003. 06. 10 the Railway's right to recourse against the Applicant for compensation for any costs or damages incurred by the Railway as a result of the Applicant's default. 16. The Applicant shall not, at any time and in any way, impede the operation, the maintenance or the enjoyment of the Railway's property by the Railway and its representatives. If the Railway deems, at its discretion, that the work being undertaken or the method used to undertake the work will impede the Railway in any way, the Railway may order the work stopped, recommend a different methodology, require that adequate protective measures be taken and generally impose any measures or any combination of measures that the Railway may deem necessary under the circumstances. The Applicant will comply with the requirement of this clause, at its risk and expense and without recourse against the Railway except for damages, if justified. 17. The Applicant agrees not to register this Agreement or to file or register any caveat or other encumbrance based on this Agreement against the title for the said Works without first obtaining the written consent of the Railway. 18. This Agreement shall be governed by and construed in accordance with the laws of the Province in which the works are located, and all applicable federal laws and regulations. 19. 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 works are located. 20. The preamble to this Agreement and all its Appendices form an integral part hereof. IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above written. CANADIAN NATIONAL RAILWAY COMPANY Witness for the Railway Richard Paton Manager, Central Region I am authorized to bind the Company APPLICANT Witness for the Applicant Name: Title: I am authorized to bind the Company Witness for the Applicant Name: Title: 39 1 am authorized to bind the Company .n CN Appendix 1 Flagmen and signal maintainers are billed at fixed rates, based on the amount of time the employee spends at the work site. The rate charged includes employee travel time, expenses and vehicle charges - applicable taxes are not included. Rate charged for flagmen also include time required to install equipment needed to protect against railway movements, in accordance with the Canadian Rail Operating Rules (CROR) or any other CN safety rule (flags indicating protected zone). As certain types of protection require a permit of fixed duration to be issued by the Rail Traffic Controller (RTC), a flagman must remain on the work site until said permit expires, even if the work has been completed. Charges (work done during the day, from Monday to Friday) Flagging (4-6 hours on site) Minimum invoiced period - 6 hours $780 Each hour in excess $130 Cable Locate Minimum invoiced period - 4 hours $520 Each hour in excess $130 Employees assigned to flagging protection cannot do overtime work. The regular 8 hours shift includes the travel time from and back to his office. Only under exceptional circumstances, and with approval obtained from the Railway during the approval stage of the proposed work, will flag protection be permitted beyond this period or on the weekend. Note: One-half (Y2) hour will be charged as full hour and will not be prorated. Example 1: Monday, September 10, 2007, a flagman remains at the work site for 3.0 hours. The amount billed will be $780. Example 2: Thursday, September 20, 2007, a signal maintainer remains at the work site for 6.5 hours. The amount billed will be $910. CN charges - 2007/09/01 40 r • 9 ..~aa9ng Fre7d Opaaiions c~fel~~iddi rs fa end Nen.f7J Dom.... , CENEReAL RULES A1V~ T"ORIHATION "Expect the movement of a train, engine, rail car or track unit at any time, on any track, in either direction, protect yourselfand othersfrom tkemovement of trains, engines, railcars and track units and do not expect them to stop" if any situation arises which affects the safe movement of trains, CN must be contacted through its Rail Traffic Control Centre in Edmonton: As an alternate only, contact may be made at CN's Operations Management Control Centre in Edmonton at: 1-800-661-3963. In an ernergency, any object waved violently by anyone on or near the track is a signal for trains to stop. Violation of CN's "Safety and Health Policy" or contravention of these guidelines may result in the immediate removal of the Contractor or the offending personnel from CM property. Compliance with Government Revplations Contractors shall follow all applicable federal, Provincial, and Municipal Acts, Regulations, Laws and Codes, including but not limited to those related to the licensing of workers, occupational health and safety, transportation or handling of dangerous substances, inspection and certification of equipment. As CN is a federally regulated enterprise, Contractors are advised that work undertaken on CN right-of-way may be governed by federal regulation. The Contractor shall become familiar with CN's Safety and Health Policy as well as all applicable regulations and shall ensure compliance by workers at the job site. Supplementary instructions may be issued by CN representatives from time to time- Instruction 1. Before entering upon CN right-of-way, the Contractor must have all documentation properly executed and available for review by CN personnel at the working site. ( i.e. Permits, Licenses, Contract Documents and/or Waivers). 2. Periodic briefings must be held at every work site to review the contents of these guidelines and any unique conditions at the site relating to safety. The Contractor shall submit minutes of job briefings and safety meetings to the CN representative. 3. Unless explicitly permitted by CN, no equipment or vehicle may enter upon the operated right-of-way. 4. Unless explicitly permitted by CN, no work shall take place within ten (10) meters of the nearest rail except in the presence of a CN fiagperson. CN flagpersons are concerned only with the safe movement of trains and will not be responsible for the safety of the Contractor, the Contractor's personnel or the Contractor's equipment. 5. Equipment operating within ten (10) meters of the nearest rail must come to a complete_ stop prior to the passage of engines, railcars, or track units. 6. No vehicle or heavy equipment may be situated or moved closer than four (4) meters from the nearest rail unless a CN fiagperson has placed a block on train movements. 7. Upon the passage of a train, Contractor's personnel shall stand no closer than six (6) meters from any switch stand and, if possible, on the opposite side of the track. 8. Contractor's personnel shall not crawl under, climb over or pass through standing railway equipment. 9. Contractor's personnel shall not cross a track within six (6) meters of standing railway equipment. L 10. CN has many power and/or communication cables buried within the CN right-of way. The Contractor shall be sure of their location before making any excavation, driving stakes or otherwise penetrating the ground surface. Page 2 of 5 nav. AwU 21, M 41 . aoc ID t aeaing Fidd opm ipm 11. Contractor's personnel must wear CN required personal protective equipment at all times while on CN right-of-way. Such equipment will include hard hats, safety footwear and safety glasses. Hearing and respiratory protection and fall arrest equipment shall be worn where signs are posted or when a potential hazard exists. All personal protective equipment shall be Canadian Standards Association (CSA) approved. 12. Metal measuring tapes or other metal appliances may interfere with the signal system and are not to come into contact with the rail of any tracks. 13. The Contractor shall not unnecessarily interfere with the movement of trains. 14. Walking or stepping on a rail, switch, guard rail, interlocking machinery or connection is prohibited. 15. No CN plant, signal, structure, equipment or property of any kind may be tampered with, modified or removed. 16. "Hi-rail" equipment shall only be operated on the track by personnel qualified in the latest version of the "Canadian Rail Operating Rules". 17. Horseplay, practical jokes, fighting or any other activity that may create a hazard will not be tolerated. 18. Contractor's personnel shall immediately abide by instructions from CN personnel. Alcohol and Other Drugs Contractor's personnel will be bound by the provisions of CN's "PQ]icv On_Alcohnl And Other Drugs" while on CN property. All employees are required to report and remain fit for duty, free of the negative effects of alcohol and other drugs. It is prohibited to be on duty or to be in control of a vehicle or equipment while under the influence of alcohol or other drugs, including the after-effects of such use. 1. Mcv Standards: The Contractor is to ensure that all employees and employees of sub-contractors adhere to the following standards when on CN business or premises: 1. No use, possession, distribution, offering or sale of illegal drugs or drug paraphernalia. 2. No use, possession, distribution, offering or sale of alcohol. 3. Responsible use of prescribed and over-the-counter medications. 4. No trafficking, distribution, offering or sale of prescription medications. 5. Report fit for duty and remain fit for duty. 2. Eolicv Violation _Procedur: Where the Engineer has reasonable grounds to believe any individual in the employ of the Contractor is on duty in an unfit condition, or where during the preliminary phase of an investigation an individual has been identified as being directly involved in the chain of acts or omissions leading up to an accident or incident: 1. The Contractor will be notified. 2. The Contractor will be required to conduct the individual(s) to a safe place. 3. The Contractor will be expected to investigate the situation. 4. The Contractor must satisfy CN that there was not a policy breach. 5. The individual(s) will not be allowed to return to any position with CN without the written permission of a CN official and will be required to adhere to any conditions regarding their return. 3. CoSequences of Violation: Failure of the Contractor, its employees or sub-contractors to meet these standards will be considered a breach of contract. Fiream.1 Firearms on CN property are strictly prohibited except where Contractors are authorized to do so in the performance of duties or those given special permission by an authorized officer. Page 3 of 5 X. APM 24. IM 42 WM&.a&0V rW=Wr$diLd0C y ~`1 gC inotr, Field opayyim felt/ uiddinm rot sR+ .+,C,jpe„--, F. &9tection Polio The Contractor shall comply with CN's "Fall Protection Systems Standards" in any situation in which the Contractor's personnel may be subject to hazards of falling. The Contractor's personnel shall have CSA approved equipment and be properly trained in its use. The Contractor shall issue to the Contractor's personnel written procedures regarding the erection, use, inspection and dismantling of any fall protection system employed. ,Qned S»ace Policv C CN's confined space policy applies to persons performing work for CN and having to enter in a confined space. "Confined space" means a tank, vessel, sewer, culvert, tunnel or other enclosure not designed or intended for human occupancy, except for the purpose of performing work: (a) that has limited number of openings for entry and exit, (b) that has poor ventilation, (c) in which there may be oxygen deficient atmosphere, or (d) in which there may be an airborne dangerous substance And may further be any other space, above or below ground; (a) not provided with a means of sufficient ventilation, or (b) not provided with a means of easy ingress or egress. Only qualified personnel shall be permitted to do confined space work.. A "qualified person" is a person who has been authorized and has successfully completed and passed the: i) Industrial Accident Prevention Association course on Confined Space Hazards and Control, or any other approved course on confined space entry requirements and has received adequate training, i}nd ii) Is the holder of a valid St. John Ambulance Association Emergency First Aid Certificate. Personal Ydentification When not accompanied by a CN representative, Contractor's personnel shall carry an identification card on their person. Such identification card will be issued by the Contractor and will be of standard business card size (3-112" X 2"). It will contain the following information: 1. Contractor's name, address and telephone number, 2. CN representative responsible for the job, 3. Employee's full name and personal identification details ( e.g. Driver's License No. } 4. Name of Contractor's representative issuing the card. {Audio and Visual Recording Equipment Cameras and audio-visual equipment are not permitted on CN property without prior approval. &a In conclusion, CN requires the full cooperation of the Contractor and the Contractor's employees with these guidelines and all other applicable regulations. Should there be any doubt as to the meaning or interpretation of these guidelines, consult with the CN representative responsible for the worksite. Director, Engineering Field Operations - April 24, 1997 Page 5 of 5 RM.AM) -K IM 43 vrlaf... : tnrpaW~fgdndx signals & communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables Purpose The purpose of this standard is to define the minimum guidelines for safe, effective excavating practices in the vicinity of underground Signals and Communications ("S&C") cable on railroad Right-of=Way. Importance of S&C cables are installed to provide power, signal control, wayside Buried Cables communications, and in the case of fibre optic cables, telecommunications which are important to the safe and reliable railway operation. Excavation Excavating includes any activity which results in an opening being made in the. Definition ground, including, but not exclusive to, digging, trenching, plowing, auguring, pile driving and pipepushing. Fibre Fibre territories are those segments of the Right-of-Way where fibre optic cables 'T'erritories axe found. Definition Customers CI has several external customers who have fibre optic cables along CN's Right-of-Way The econornic importance of fibre optic facilities continues to increase. Fibre networks are expanding in both scope and capacity. Contractors Before a contractor or its employees are allowed to excavate on CNT Right-of Way they must be familiar with this Code of Practice. The contractor or his designated representative must sign the document "Important Memo to Contractors" tomd in Appendix I of this Code of Practice confirming they have read and that they «zll abide by the associated terms and conditions. Impact of Damage to underground S&C cable can have a severe impact on the operations of Disruptions both CN and its external customers. A. Tom Continued an next page Approved April 17, 1998 Page 1 of 7 S CP - 1005 44 Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Network NMC can be reached at: 1-800-661-3687 (1-800-661-FOTS). Management Centre (NMC) The NMC is responsible for the day-to-day operation of the fibre plant and is the primary contact for CN's fibre optic customers. Prior to the commencement of any work that could jeopardize the fibre optic plant, the responsible S&C representative or foreman-in-charge will notify NMC of the situation. If such work poses a threat to the integrity of the fibre optic plant NMC will advise its fibre optic customers, who may in turn set up alternate routes for their priority traffic. NMC will notify the Operations Centre of each customer potentially affected by the excavation work. The list of possibilities includes, but-is not limited to: threat of washout, landslides, derailments, major track work such as undercutting, rail-pick-up and tie replacements, relocation of the fibre cable, drilling or digging near the fibre cable. The S&C representative will provide: his name and location, a description of the work to be performed and instructions on how he can be reached during the course of these activities. NMC will open a trouble ticket to record all instances of fibre work being performed on the Right-of-Way. Use the document "Protection of Underground Signals & Communications Facilities" found in Appendix 2 of this Code of Practice to collect the required information before calling NMC. Direct Buried Fibre optic and other high capacity communication cables are buried directly iittM Cables Using subgrade generally, but not always, parallel to the railroad tracks typically at a flow train distance of 1.2 to 2.1 meters (4 to 7 feet) from the edge of ties. The preferred depth of burial is typically 1.2 meters (4 feet), however depths of only 45 centimeters (18 inches) may be encountered. Cables may be located on either side of the track or between tracks. In addition, cables may pass under the tracks as the cable is routed from one side of the track to the other. Continued on next page i A. Tom Approved April 17, 1998 Page 2 of 7 SCP - 1005 45 Ci\j. Signals & communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Elsewhere on Cables installed using off-trackplowing equipment maybe located anywhere alone the the Right-of-Way. Right-of-way At Bridges, Cables are usually coiled near cable ends, at splice pedestals, tunnels, bridges, Pedestals & bungalows, road and track crossings and some culverts. Coils can be of unequal Bungalows size, unequal depth, and are nearly impossible to locate accurately with cable locating equipment, In addition to the instructions contained herein, where excavating is to be performed near fibre coils, coils are to be located and exposed by hand digging. 11 is not acceptable to locate a portion of the coil and assume the location of the remainder of the coil. Common Wherever possible, a common trench will be used when installing power, fibre 'french optic and other S&C cables. Voltages used in underground power systems range from 120-volts to 7200-volts AC or more. Special precautions outlined in section; "Work Near Buried Power Cables" must be. followed when excavating near power cables. Preparations Permanent cable markers are installed only to indicate the presence of buried cabl4 for Excavation and are not meant to indicate the precise location of the cable. Permanent cable Wort: markers are not placed directly above buried cables.` Excavators must contact the S&C Supervisor before excavating along the railway Right-of-Way. The S&C Supervisor will arrange to have the fibre optic, power, and other S&C cables located and marked prior to excavation. Engineering Services will ensure that outside contractors who excavate on the Right-of-Way are familiar with the instructions contained in this document. Engineering Services will advise the local S&C Supervisor and NMC of the location, date and nature of the work to be performed. Continued an next page A. Tom Approved April 17, 1998 Pafe 3 of 7 S CP - 1005 6 Cj\j Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Precautions Prior to commencement of any excavation along the Right-of-Way, the S&C Prior to representative or the Foreman-in-charge must notify NMC. The S&C Excavating representative or Foreman must provide their name, location where work will be performed, a description of the -work and instructions on how they can be contacted. No work may proceed unless authority has been granted by NMC. Where it is appropriate and to the extent that it is reasonably practicable, the Signal Maintainer or other qualified S&C employee shall remain at the excavation site while the work performed by others is in progress. Excavating 1. Whenever excavating is to be done near the S&C cables, the cable shall be exposed by hand-digging or using equipment especially designed for exposing cables utilizing a vacuum system to remove the surrounding soil_ Under no circumstances are excavating machines of any kind to be used. 2. Whenever excavating is performed within 1 meter (3 feet) of a burr cable, excavate by hand digging only. 3. Use extreme care to avoid damage to cable or wire insulation. Dig, dotivn - 15 cm to 30 cm (6 to 12 inches) to one side of the establishcd cable route. When at a depth below the established burial depth, carefully dig toward cables to expose them.. 4. Mechanical excavating equipment will be used only in areas where it is known that there is 'no danger of contacting or damaging buried plain - 5. Mechanical digging equipment maybe be used to excavate only after all buried facilities involved have been exposed and the direction is AWAY from the existing facility. 6. Stop operations immediately, if buried plant is encountered while excavating. Expose and investigate with extreme caution. The buried plant is not to be cut, chopped through or broken off without first determining if it serves a useful purpose. Under no circumstances is the S&C buried plant to be disturbed. Continued on next page t A. Tom Approved April 17, 1998 Page 4 of 7 S CP - 1005 47 Cj\j- Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Excavating 7. If any other underground obstruction is encountered while excavating, (continued) stop operations immediately. Expose and-investigate the obstruction with extreme caution. Do attempt to remove the obstruction until you are satisfied that removing it will not disturb the buried plant. Under no circumstances is the S&C buried plant to be disturbed. Excavators will not move or bend fibre optic, power or signal cables at any time. The responsible S&C representative will provide extra mechanical protection using split steel ducts and/or other protective materials, as required. 9. In the event that damage to the S&C cable plant occurs, the excavator will stop operation immediately and report the location of damaged cable to the appropriate S &C representative. At no time should unauthorized persons attempt to splice or repair damaged S&C cables. Gopher Special Where possible, "Gopher" type undercutting work will be performed with the Precautions "wheel" on the opposite side of the track of the S&C cable. Work Near Buried Power 1. Use extreme care when excavating near buried power cables to avoid Cables damaging cable insulation and armour protection. 2. Rubber gloves shall be worn for work safety. 3. Use only tools with handles of wood or similarly insulating material. 4. When necessary, to protect persons excavating in proximity to hazardous equipment and cables, power circuits in the effected area may be de-energized for work safety. The decision to de-energize circuits for work safety will be based on a site-specific inspection and evaluation by the responsible S&C employee. A. Tom Approved April 17, 1998 Page 5 of 7 48 Continued on next page SCP - 1005 CJ\J Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Work Near 5. Notwithstanding points 2 and 3, if an underground power cable has Buried Power been de-energized, other excavating methods may be used, subject to Cables the approval of the responsible S&C employee on the site. (continued) Safety During In a typical fibre optic system the transmitter consists of a light source which Work with emits a concentrated beam of light at a wavelength invisible to the naked eye. Fibre Optic This beam of light is transmitted at low power (typically less than one milliwatt) Cables and will not cause eye damage. As there is no requirement to stare directly at the end of a severed cable, as a practical safety precaution, one should avoid doing so. A fibre optic cable is comprised of strands of glass which guide the light pulses down the cable. These glass strands have sharp ends which will readily penetrate the skin. Therefore unnecessary manipulation of bare fibres should be avoided to ensure that the fibre does not damage skin or eyes. It is recommended to wear safety glasses when working with fibre optic cables. Safety Federal regulations for excavations are included in the Canadian Labour Cade During - Part II, Subsection 3.12. Supervisors in charge of excavating operations should Trenching or be familiar with the applicable safety regulations for trenches and excavations Excavating since such regulations may be enforced by safety inspectors on behalf of the Canada Department of Labour. A. .A. Protect all openings, construction material, excavated material, or equipment with approved warning devices and/or barricades. Observe any other precautions which may be required by local regulations or by existing conditions.. Completion After all work has been completed, carefully backfill, ensuring backfill materials of Work do not contain materials which may cause damage to the cables. Restore the surface, as near as practicable, to is original condition. Continued on next page A. Tom Approved April 17, 1998 Page fi of 7 49 SCP - X005 Ci\j Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Maintenance Standards for work on CN's Right-of-Way are covered in Maintenance of Way of way Standard Practice Circular, SPC 5100 entitled "Precautions to be Taken During SPC 6100 Maintenance of Track to Avoid Interference with Signal & Communications Systems". This document covers the general practices and precautionary measures to be taken when work is to be performed on, or in the vicinity of railway tracks where Signal and Communication equipment is present. Refer specifically to item 13 "Underground Cable'% -,i..4. A. Tom Approved April l7, 1998 Pam 7 of 7 SCP - 1005 Operadions Sipals & Communications CN April 17, 1997 Important Memo to Contractors - Fibre Optic, Power and other S&C Cable Protection Cable installations are in service or planned along the Right-of-Way of most of the mainline subdivisions across the. CN system These installations are well marked and carry high speed communications systems used by CN for telephone and data applications; including inter-city telephone tie trunks, Wide Area Network, CI'C, wayside monitoring and radio. These cable installations also serve CN's fibre customers, who include cable television companies and long distance providers, who use these facilities to provide telecommunications services to their customers. Installed in conjunction with these systems are AC power distribution and signal system control cables. Any disruption to underground cable installations can have severe effects on CN's operations as well as those of our telecommunications customers. CN expects its employees, and any contractor working on its right-of-way, to take every precaution to avoid disruption to CN's cable installations. Ci\''s goal is to avoid all preventable disruptions to fibre optic, power and signaling installations. Enclosed herewith is CN's Code of Practice SCP - 1005, "Instructions to Excavators for the Protection of Underground S&C Cables" which outlines the practice to ensure protection of underground S&C cables during excavation work on CN's Right-of- Way. All contractors performing work on CN property are expected to comply with this practice. Each contractor must confirm by signature that they have read and wig„ abide by the terms and conditions set forth in this Code of Practice. All incidents resulting in the disturbance of underground facilities, especially those that result in an interruption of service, will be investigated thoroughly. Disregard of this practice will not be tolerated and may result in corrective action, cia3&7n I'l dowl 975 de La CwuchcicmStrect Wcat bfont", Quebec, Cmidi Hle 2519 Chief Engineer Canadian National Montreal, Quebec Signals & Communications Codes of Practice Page 1 SCP - 7005 - Appendix 1 51 Acknowledgment of Code of Practice SCP - 1005 Governing the Protection of Underground S&C Cables. We acknowledge having received and read a copy of Code of Practice SCP - 1005 "Instructions to Excavators for the Protection of Underground S&C Cables" and declare that the contents thereof have also been brought to the attention of our employees, contractors and agents who will be performing work on CN's Right-of-Way. We undertake, on behalf of our Company, its employees, contractors and agents to abide by the terms and conditions set forth in Code of Practice SCP - 1005 while performing our services for CN. Signed Authorized Representative Date Note to responsible CN employee: -Y The original of this docitment shall be placed on the corresponding District project file. Signals & Communications Page 2 Codes of Practice SCP -1005 - Appendix 1 52 • i[ ` HDe PTwi(CxLadi rs wvn:aq Ywmarn Canaria Consolidated Working COPY CANADA LABOUR CODE PART 11 It xelration 3.12(1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of 2)1 underground pipes, cables and conduits in the area where the work is to be done. (2) Where an excavation or trench constitutes a hazard to employees, a barricade shall be installed around it. (3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45' or more to the horizontal (a) the walls of the tunnel, excavation or trench, and (b) the roof of the tunnel shall be supported by shoring and bracing that is installed as the tunnel, excavation or trench is being excavated. (4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses. (5) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person. (6) Tools, machinery, timber, excavated materials or other objects shall not be • placed within 1 m from the edge of an excavation or trench. Safety Nets 3.13(1) Where there is a hazard that tools, equipment or materials may fa11 onto or from a temporary smxture, the employe shall provide a promotive structure or a safety net to protect from injury any employee on or below the temporary structure. (2) The design, construction and installation of a safety net referred to in subsection (1) shall meet the stv..?ards set out in ANSI Standard ANSI A10.11-1979. American National Standard for Safety Nets Used During Corutructinn, Repair and Demolition Operations, dated August 7, 1979. 111.4 53 Information for NMC When calling NMC Please have the following information available: Foreman Name: Cell : Pager: Radios: Work Site Location: Subdivision:, Mile at: , X-Street:, Descnpfton of Work: Date: Start Time: End Time: SIGNALS AND COMMUNICATIONS WARNING BEFORE DIGGING OR DRIVING STAKES ON RIGHT-OF-WAY CONTACT SIGNALS AND C°: COMMUNICATIONS SUPERVISOR 1 Have the Cables Been Marked? . NMC will provide you with a PNMS ticket (tracking) number. PNMS Ticket:, . BURIED CABLE ENFOUI ATTENTION AVANT DE CREUSER OU DE POSER DES JALONS SUR L'EMPRISE AVISER LE SUPERVISEUR SIGNALISATION ET COMMUNICATIONS 1.800-661-3681 rN Protection of Underground Signals & Communications Facilities ,zT LO Call Before You Dig 1-800-661-3687 Signals & CommtJnlcntlans qr^ _ 1005 - Apptndk cocle.s. of Prarticc Typical Cable Marker rN CN Canadien National Region de I'Est du Canada Als: Hatch Mott MacDonald 50, rue Cameron Moncton, (Nouveau-Brunswick) EIC 9A9 October 22, 2008 T616copieur: (506) 857-8989 Y/F: City of Saint John CIO Crandall Engineering Limited Red Rose Building Suite 130 12 Smythe Street Saint John, N.B. E2L 5G5 Attention: Michael Rogers. P. Ena. Canadian National Eastern Canada Region C/o: Hatch Mott MacDonald 50 Cameron St Moncton, N.B. E1C 9A9 Facsimile: (506) 857-8989 O/F: 4715-DDS-1.31 RE: Application for a proposed Double Sanitary parallel pine crossing on CN Propertv - Mile 1.31 Drv Dock Spur, in Saint John. N.B. Dear Sir, Canadian National has no objection to your proposed project to install a double sanitary parallel pipe crossing on CN property, at Mile 1.31 Dry Dock Spur, located in Saint John, N.B. providing you meet Transport Canada standard TC E-10. With reference to your submission dated October 21, 2008 and attached copy of plan number B010-027, your application has been reviewed and approved in principle. Arrangements for the installation can only begin when CN has received the following: ■ signed copy of acknowledgement of Terms and Conditions and signed Safety Rules and Instructions to Excavators for the Protection of Underground Cables, SCP 1005 ■ Six copies of plan indicating the following changes: Indicate Railway mileage on plan as Mile 1.31 Dry Dock Spur. Engineer stamp and signature. ■ Copy of Insurance Certificate ■ Signed Agreements (3) • Cheque for lifetime agreement ($1900.00 plus HST), payable to Canadian National Railway Company CIO Hatch Mott MacDonald 50 Cameron Street Moncton, N.B. El C The engineering, agreement, and administration fees associated with this application will be $1900.00 + HST. Additional charges for flagging and/or signal locates will be invoiced when work has been completed. The applicable fees for flagman and/or signal locates are as per attached Appendix 1. 55 i After receipt of these documents, an AUTHORISATION # will be issued, along with Track Supervisor contact information. If you perform the work without any CN flagman being present, an amount of $ 5000 shall be billed to you as a penalt\L If one or more trains are delayed, you must pay to Canadian National, under title of Damaaes of Licuid Assets and not under title of penalties, the following amounts depending on the situation: Passenger trains: $ 2500.00 per delay + $ 23.00 per minute of delay ■ f=reight Trains: $ 140.00 per minute of delay ■ Each train delay can lead to additional costs that you will be responsible to pay If you are not present at the time and location agreed with the Track Supervisor, four (4) hours of site supervision fees shall be invoiced to you. To cancel work already scheduled, a twenty-four (24) hours notice must be faxed to the Track Supervisor. You shall provide a proof of insurance covering both Canadian National and the contractor proceeding to the work, including their respective employees, agents, representatives, contractors or invitees. This insurance coverage shall be against public liability and property damage, and shall contain an endorsement to the effect that Canadian National is named co-insured under the provisions of cross liability clauses. The amount of insurance required shall be $ 10 000 000. In consideration of the presents, you undertake to pay to CN all costs incurred for this project. It is understood that you remain responsible for those costs even if the responsibility of the work is entrusted by another party. Any damage to our property or facilities as well as any costs incurred by CN for this work shall be invoiced at a later date. The following conditions shall be met: No jacking pit will be allowed on CN's property. 2. A geotechnical laboratory shall be present on site, at your expense, when the work is being done. The laboratory shall approve the work procedures and exercise a rigid control of the excavated material to make sure there is no excessive excavation or settling. 3. If requested, a geotechnical laboratory shall send us, by fax at (506) 857-8789, a report on the advancement of the work. 4. Whenever jacking or boring of a pipe is unsuccessful and has to be terminated on account of an obstruction, the partially jacked or bored pipe shall be cut, left in place and filled with concrete or grout pumped under pressure. At no time shall a partially jacked or bored pipe be removed. 5. Excavated material shall be removed, at your expense, from CN's property. This requirement shall also apply if, during the excavation for which this permission is granted, you shall excavate material known to be contaminated or which you recognize, after the excavation, as being contaminated. In the latter case, you undertake to dispose of such material in accordance with the requirements and conditions stipulated by all applicable laws and regulations. You hereby waive the 56 r right to make any claims against CN with regard to the quality of the soil found while excavating the premises. 6. You shall be responsible for locating existing public utilities and if necessary making arrangements with the concerned authorities 7. On completion of the work, CN's property shall be left in the same or in better condition than the one prevailing before the work. All work shall conform to applicable CSA standards. It is understood that all work will be carried out in accordance with the attached CN "Safety Guidelines for Contractors and Nan-CN Personnel" and "General Rules and Information". Please ensure that all personnel accessing CN property have been briefed on these documents. It is agreed that you will perform the work in accordance with all applicable laws and regulations, that you will take the necessary precautions to prevent contamination of the environment, and that you will save harmless the Railway from any damage to its property or to the property or other parties affected by the work, and from bodily harm, including personal injuries or death, to any of its employees, representatives, guests or other parties, resulting from, in whole or in part, the work you will perform by virtue of these presents. This crossing must be installed as shown on plan. CN retains the right to cancel or interrupt the work without notice and without incurring any penalty or responsibility whatsoever for railway operation reasons. It is your responsibility to locate existing public utilities and if necessary make arrangements with the concerned authorities. In order for us to proceed with your request, you shall undertake to abide the aforementioned terms and conditions by having the present letter signed by someone in authority in you company. Should you require any additional information, please do not hesitate to call the undersigned at (506) 857-8708 or fax (506) 857-8989. Please quote the Railway's file number in any communications with this office. Yours tr t , / RIS LEGER For: Dominique Poirier Engineering Officer 57 RE: Prooosed Double Sanitarv Daraliel DiDe crossing on CN Droaerty - Mile 1.31 DU Dock Spur. We have read and understand the terms and conditions of this letter, and we accept them. Signed at , this day of 200_ PERSON IN CHARGE Name in print Title Signature WITNESS Name in print Title Signature 58 . Cj\j Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables Purpose The purpose of this standard is to define the minimum guidelines for safe, effective excavating practices in the vicinity of underground Signals and Communications ("S&C") cable on railroad Right-of-Way. Importance of S&C cables are installed to provide power, signal control, wayside Buried Cables communications, and in the case of fibre optic cables, telecommunications which are important to the safe and reliable railway operation. Excavation Excavating includes any activity which results in an opening being made in the ;Definition ground, including, but not exclusive to, digging, trenching, plowing, auguring, pile driving and pipepushing. Fibre Fibre territories are those segments of the Right-of-Way where fibre optic cables Territories are found. Definition Customers CN has several external customers who have fibre optic cables along CNN's Right-of Way The economic importance of fibre optic facilities continues to increase. Fibre networks are expanding in both scope and capacity. Contractors Before a contractor or its employees are allowed to excavate on CN Right-of-Way they must be familiar with this Code of Practice. The contractor or his designated representative must sign the document "Important Memo to Contractors"rottnd in Appendix i of this Code of Practice confirming they have read and that they will abide by the associated terms and conditions. Impact of Damage to underground S&C cable can have a severe impact on the operations of Disruptions both CN and its external customers. A. Tom Approved April 17, 1998 Pie 1 of 7 Continued on next page SCP - X005 CJ\J Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Network NMC can be reached at: 1-800-661-3687 (1-800-661-FOTS). Management Centre (NMC) The NMC is responsible for the day-to-day operation of the fibre plant and is the primary contact for CN's fibre optic customers. Prior to the commencement of any work that could jeopardize the fibre optic plant, the responsible S&C representative or foreman-in-charge will notify NMC of the situation. If such work poses a threat to the integrity of the fibre optic plant NMC will advise its fibre optic customers, who may in turn set up alternate routes for their priority traffic. NMC will notify the Operations Centre of each customer potentially affected by the excavation work. The list of possibilities includes, but-is not limited to: threat of. washout, landslides, derailments, major track work such as undercutting, rail-pick-up and tie replacements, relocation of the fibre cable, drilling or digging near the fibre cable. The S&C representative will provide: his name and location, a description of the work to be performed and instructions on how he can be reached during the course of these activities. NMC will open a trouble ticket to record all instances of fibre work being performed on the Right-of-Way. Use the document "Protection of Underground Signals & Communications Facilities" found in Appendix 2 of this Code of Practice to collect the required information before calling NMC. Direct Buried Fibre optic and other high capacity communication cables are buried directly ii'rrr11,- Cables Using subgrade generally, but not always, parallel to the railroad tracks typically at a Plow train distance of 1.2 to 2.1 meters (4 to 7 feet) from the edge of ties. The preferred depth of burial is typically 1.2 meters (4 feet), however depths of only 45 centimeters (18 inches) may be encountered. Cables may be located on either side of the track or between tracks. In addition, cables may pass under the tracks as the cable is routed from one side of the track to the other. Continued on next page f. i A. Tom Approved April 17, 1998 Page 2 of7 SCP - 1005 60 Ci\j. Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S &C Cables, Continued Elsewhere on Cables installed using off-track plowing equipment maybe located anywhere along the the bight-of-Way. Right-of-Way At Bridges, Cables are usually coiled near cable ends, at splice pedestals, tunnels, bridges, Pedestals & bungalows, road and track crossings and some culverts, Coils can be of unequal Bungalows size, unequal depth, and are nearly impossible to locate accurately with cable locating equipment. In addition to the instructions contained herein, where excavating is to be performed near fibre coils, coils are to be located and exposed by hand digging. It is not acceptable to locate a portion of the coil and assume the location of the remainder of the coil. Common Wherever possible, a common trench will be used when installing power, fibre 'T'rench optic and other S&C cables. Voltages used in underground power systems range from 120-volts to 7200-volts AC or more. Special precautions outlined in section: `Work Near Buried Power Cables" must be followed when excavating near power cables. Preparations Permanent cable markers are installed only to indicate the presence of buried cable for Excavation and are not meant to indicate the precise location of the cable. Permanent cabl-- Work markers are not placed directly above buried cables. Excavators must contact the S&C Supervisor before excavating along the railway Right-of-Way. The S&C Supervisor will arrange to have the fibre optic, power, and other S&C cables located and marked prior to excavation. Engineering Services will ensure that outside contractors who excavate on the Right-of-Way are familiar with the instructions contained in this document. Engineering Services will advise the local S&C Supervisor and NMC of the location, date and nature of the work to be performed. Continued on next page A. Tom Approved April 17, 1998 Pale 3 of 7 S CP - 1005 Ci\j 5ignats & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Precautions Prior to commencement of any excavation along the Right-of-Way, the S&C Prior to representative or the Foreman-in-charge must notify NMC. The S&C Excavating representative or Foreman must provide their name, location where work will be performed, a description of the -work and instructions on how they can be contacted. No work may proceed unless authority has been granted by NMC. Where it is appropriate and to the extent that it is reasonably practicable, the Signal Maintainer or other qualified S&C employee shall remain at the excavation site while the work performed by others is in progress. Excavating 1. Whenever excavating is to be done near the S&C cables, the cable shall b-- exposed by hand-digging or using equipment especially designed for exposing cables utilizing a vacuum system to remove the surrounding soil. Under no circumstances are excavating machines of any kind to be used. 2. Whenever excavating is performed within 1 meter (3 feet) of a burr; cable, excavate by hand digging only. 3. Use extreme care to avoid damage to cable or wire insulation. Dig down 15 cm to 30 cm (6 to 12 inches) to one side of the established cable route. When at a depth below the established burial depth, carefully dig toward cables to expose them.. 4. Mechanical excavating equipment will be used only in areas where it is known that there is no danger of contacting or damaging buried plarm - 5. Mechanical digging equipment maybe be used to excavate only after all' buried facilities involved have been exposed and the direction is AWAY from the existing facility. 6. Stop operations immediately, if buried plant is' encountered while, excavating. Expose and investigate with extreme caution. The buried plant is not to be cut, chopped through or broken off' without first determining if it serves a useful purpose. Under no circumstances is the S&C buried plant to be disturbed. Continued on next page f A. Tom Approved April 17, 1998 Page 4 of 7 SCP - 100 62 Cj\j- Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Excavating 7_ If any other underground obstruction is encountered while excavating, (continued) Stop operations immediately. Expose and,investigate the obstruction with extreme caution. Do attempt to remove the obstruction until you are satisfied that removing it will not disturb the buried plant. Under no circumstances is the S&C buried plant to be disturbed. 8. Excavators will not move or bend fibre optic, power or signal cables at any time. The responsible S&C representative will provide extra mechanical protection using split steel ducts and/or other protective materials, as required. 9. In the event that damage to the S&C cable plant occurs, the excavator , ~U stop operation immediately and report the location of damaged cable to the appropriate S&C representative. At no time should unauthorized persons attempt to splice or repair damaged S&C cables. Gopher Special Where possible, "Gopher" type undercutting work will be performed with the Precautions "wheel" on the opposite side of the track of the S&C cable. Work Near Buried Power 1. Use extreme care when excavating near buried power cables to avoid Cables damaging cable insulation and armour protection. 2. Rubber gloves shall be worn for work safety. _ 3. Use only tools with handles of wood or similarly insulating material. 4. When necessary, to protect persons excavating in proximity to hazardous equipment and cables, power circuits in the effected area may be de-energized for work safety. The decision to de-energize circuits for work safety will be based on a site-specific inspection and evaluation by the responsible S&C employee. Continued on next page A. Tom Approved AprU 17, 1998 Page 5 of 7 SCP - 1005 63 CJ\J Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Work Near 5. Notwithstanding points 2 and 3, if an underground power cable has Buried Power been de-energized, other excavating methods may be used, subject to Cables the approval of the responsible S&C employee on the site. (continued) Safety During In a typical fibre optic system the transmitter consists of a light source which Work with emits a concentrated beam of light at a wavelength invisible to the naked eye. Fibre Optic This beam of light is transmitted at low power (typically less than one milliwatt) Cables and will not cause eye damage. As there is no requirement to stare directly at the end of a severed cable, as a practical safety precaution, one should avoid doing so. A fibre optic cable is comprised of strands of glass which guide the light pulses down the cable. These glass strands have sharp ends which will readily penetrate the skin. Therefore unnecessary manipulation of bare fibres should be avoided to ensure that the fibre does not damage skin or eyes. It is recommended to wear safety glasses when working with fibre optic cables. Safety Federal regulations for excavations are included in the Canadian Labour Code During -Part II, Subsection 3.12. Supervisors in charge of excavating operations should Trenching or be familiar with the applicable safety regulations for trenches and excavations Excavating since such regulations may be enforced by safety inspectors on behalf of the Canada Department of Labour. Protect all openings, construction material, excavated material, or equipment with approved warning devices and/or barricades. Observe any other precautions which may be required by local regulations or by existing conditions.. Completion After all work has been completed, carefully backfill, ensuring backfill materials of Work do not contain materials which may cause damage to the cables. Restore the surface, as near as practicable, to is original condition. Continued on next page A. Tom Approved April 17, 1998 Page 6 of 7 6, SCP - x005 Cj\j Signals & Communications CODES OF PRACTICE Instructions to Excavators for the Protection of Underground S&C Cables, Continued Maintenance Standards for work on CN's Right-of-Way are covered in Maintenance of Way of way Standard Practice Circular, SPC 6100 entitled "Precautions to be Taken During SPC 6100 Maintenance of Track to Avoid Interference with Signal & Communications Systems". This document covers the general practices and precautionary measures to be taken when work is to be performed on, or in the vicinity of railway tracks where Signal and Communication equipment is present. Refer specifically to item 13 "Underground Cable". A. Tom Approved April 17, 1998 Pagg 7 of 7 SCP - 1005 Opera[ onz Signals & Commtuucatiotts CN April 17, 1997 Important Memo to Contractors - Fibre Optic, Power and other S&C Cable Protection Cable installations are in service or planned along the Right-of-Way of most of the mainline subdivisions across the. CN system These installations are well marked and carry high speed communications systems used by CN for telephone and data applications; including inter-city telephone tie trunks, Wide Area Network, CTC, wayside monitoring and radio. These cable installations also serve CN's fibre customers, who include cable television companies and long distance providers, who use these facilities to provide telecommunications services to their customers. Installed in conjunction with these systems are AC power distribution and signal system control cables. Any disruption to underground cable installations can have severe effects on CN's operations as well as those of our telecommunications customers. CN expects its employees, and any contractor working on its right-of-way, to take every precaution to avoid disruption to CN's cable installations. CN's goal is to avoid all preventable disruptions to fibre optic, power and signaling installations. Enclosed herewith is CN's Code of Practice SCP - 1005, "Instructions to Excavators for the Protection of Underground S&C Cables" which outlines the practice to ensure protection of underground S&C cables during excavation work on CN's Right-of- Way. All contractors performing work on CN property are expected to comply with this practice. Each contractor must confirm by signature that they have read and will„.,. abide by the terms and conditions set forth in this Code of Practice. All incidents resulting in the disturbance of underground facilities, especially those that result in an interruption of service, will be investigated thoroughly. Disregard of this practice will not be tolerated and may result in corrective action. C'anAan Katiomnl 93S & G Chuehciera Str=t West Montreal. Quebm Canada H3B 2St9 Chief Engineer Canadian National Montreal, Quebec Signals & Communications Codes of Practice Page 1 SCP - 1005 - Appendix I 66 Acknowledgment of Code of Practice SCP - 1005 Governing the Protection of Underground S&C Cables. We acknowledge having received and read a copy of Code of Practice SCP - 1005 "Instructions to Excavators for the Protection of Underground S&C Cables" and declare that the contents thereof have also been brought to the attention of our employees, contractors and agents who will be performing work on CN's Right-of Way. We undertake, on behalf of our Company, its employees, contractors and agents to abide by the terms and conditions set forth in Code of Practice SCP - 1005 while performing our services for CN. Signed Authorized Representative Date Note to responsible CN employee: The original of this document shall be placed on the corresponding District project file. Signals & Communications Page 2 Codes of Practice SCP -1005 - Appendix 1 67 e Human o Canada c,na, Consolidated Working Copy CANADA LABOUR CODE - PARS' Ii Excavation 3.12!1) Before the commencement of work on a tunnel, excavation or trench, the employer shall mark the location of all underground pipes, cables and conduits in the area where the work is to be done. (2) Where an excavation or trench constitutes a hazard to employees, a barricade shall be installed around it. (3) In a tunnel or in an excavation or trench that is more than 1.4 m deep and whose sides are sloped at an angle of 45' or more to the horizontal (a) the walls of the tunnel, excavation or trench, and (b) the roof of the tunnel shall be supported by shoring and bracing that is installed as the tunnel. excavation or trench is being excavated. (4) Subsection (3) does not apply in respect of a trench where the employer provides a system of shoring composed of steel plates and bracing, welded or bolted together, that can support the walls of the trench from the ground level to the trench bottom and can be moved along as work progresses. (S) The installation and removal of the shoring and bracing referred to in subsection (3) shall be performed or supervised by a qualified person. (6) Tools, machinery. timber. excavated materials or other objects shall not be -s• placed within 1 m from the edge of an excavation or trench. Safety Nets 3.13(1) Where there is a hazard that tools, cgjuipment or materials may fall onto or from a temporary structure, the employer shall provide a protective structure or a safety net to protect from injury any employee on or below the temporary structure. (2) The design, construction staid installation of a safety net referred to in subsection (1) shall meet the sea.Wds set out in ANSI Standard ANSI A10.11-1979. American National Standard for Sofery Nets Used During Construction, Repair and Demolition Operations, dated August 7, 1979. 111-4 68 Importance of buried cables to CN and US customers instal1et atom CN s rights-of-way to S&.C cables are provide: AC Power Signal control circuits Corrartur►ications circuits fibre optic circuits trues a reliable cable Pant. Railway operation reQ ca 17amaSe to bles and associated ons uadcrgraund 5&C cause maJor communication disrup equipment can artners J customers. to both CN and CN's P Scope of Polley l.utt work in the vicinity of buried S &C P All excavating Excavating includes ar►Y is covered by this policy, being made in the activity which results in an opening We Lo~, ,,,,,d, including, but not exclulie driving gand PiPc- trenelling' Plowing, auguring, P pushing preparations for ExCaYatiou work act the SScC Supervisor before Excavators must cont right-of-way. The S &C wcr, excavating along file railway tic, Po e to havc the fibre oPa to Supervisor will arran8 and marked P and athcr S &C cables located an excavation. S&C Suiar,risor., phone-*. ( ) . the local S&C Supervisor Cannot be In the event that a anent Ccntrc' r,,achrd, contact the Network Man g Network ~ttnttgctnent Cetitrc (NMC) day-to-day ,ration of siblc for g,, Tbc NMCis respotl Primary contact for CN s ti~rc the fibre plant find is le optic customers. the excavation along Prior to commcnccment of any ec in charge the foreman or other eill rovide the right-of-way, hou c the must notify NMC and st e work nnyed tl cir nam dacriP ' ttan of , a pertinent details describing erfa t3ley can be location where iw~ pinsbon Per die work an contacted- NMC: 1-Sp0-GG1.-3667 Cable markers il to indicate cr s are instalc notmeant to Ptnanent cable marker Ole pCCSCnCC of buriCd cab1G and U of the cable indicate precise location . recautions while Excavating ibrc die f Whenever excavating is to be done n t expose the cable by ~d-diSglag erformed within 1 meter optic cable. fir! whenever excavaticable, excavate by gland diggin, C3 fr of a tuned only, cxcavatng cquiprncnt Will be used . Mccil,,nical ' n that there is an ant only in areas where itor dam waging buried PI danger of contacting a direction away from the facility. lant or other obstruction is encountared iateiY• if buried p operations.imm • while excavating, stop e with extrem bui cd plant t Ex Pose and invcstig is file S&C Under no c1rcumstances be disturbed. vc or bend fibre, ogti~d Excavators shall not tee. Power cables at any to the S&C cable Plant In the event that darnagc operation occurs, the cxcav~or shclocation of damaged immediately and rag- a ria c% S &C cable to NMC or the PProP athoriscd At no time shall u aamag d S &C rePresentativc. to splice or repair Persons attempt = wort cables. " her" type UildeleutliRg -Where possible, GoP ..won the Opp,", will be performed with the side of the tracts from the fibre cable. aviation of Underground Cable tic and other Signal" S' Co'n Tilde g~ erally' fibre oP in file sub-g cables are bunscd ccQy the route but not awway P llci to fife railroad tracks. Cables usually Pass under the tracks cs from ono side of file track to fee ulpmcnt chang off-track plowing 4 Cables installed us' where along the right-af<way. may be located any coiled near cable ends, at fibre optic cable is usually bungalows, road splice pedestals, t s an omcgculveris. and track crossing tlzc location or, 13atli of an Never assurtlc cable. 1~xpvsc the cable by underground hand-d190119. St nags & CommuracaUons SOP _ ,S . APPc codes or nracuGe Information for NMC When calling NMC please have the following information avallable: Foreman Name:, Cell:, pager: Radio:. Work Site Lwaiion:. Subdivision'. Mile at: X-Street: Description of Work: Date: StartTime: End Time: Typical Cable Marker rN SIGNALS AND COMMUNICATIONS WARNING BEFORE DIGGING OR DRIVING STAKES ON RIGHT-OF-WAY to: CONTACT SIGNALS AND COMMUNICATIONS SUPERVISOR 1 Have the Cables Been Marked? NMC will provide you with a PNMS ticket (tracking) number. pNMS Ticker: BURIBD CABLE ENFOUI ATTENTION AVANT DE CREUSER OU DE POSER DES .TALONS SUR UEMPRISE AVISER LE SUPERVISEUR SIGNALISATION ET COMMUNICATIONS I-800-6 V 1-3587 L rN Protection of 'Underground Signals & Communications Facilities 0 r Call Before You Dig 1-800-661-3687 Signals & comrn%mW+tions ~rw - 1005 -Appendix co clss of pra""Ce CN Appendix 1 Flagmen and signal maintainers are billed at fixed rates, based on the amount of time the employee spends at the work site. The rate charged includes employee travel time, expenses and vehicle charges - applicable taxes are not included. Rate charged for flagmen also include time required to install equipment neeled to protect against railway movements, in accordance with the Canadian Rail Operating Rules (CROR) or any other CN safety rule (flags indicating protected zone). As certain types of protection require a permit of fixed duration to be issued by the Rail Traffic Controller (RTC), a flagman must remain on the work site until said permit expires, even if the work has been completed. Charges (work done during the day, from Monday to Friday) Flagging (46 hours on site) Minimum invoiced period - 6 hours $780 Each hour in excess $130 Cable Locate Minimum invoiced period - 4 hours $520 Each hour in excess $130 Employees assigned to flagging protection cannot do overtime work. The regular 8 hours shift includes the travel time from and back to his office. Only under exceptional circumstances, and with approval obtained from the Railway during the approval stage of the proposed work, will flag protection be permitted beyond this period or on the weekend. Note: One-half ('/2) hour will be charged as full hour and will not be prorated. Example 1: Monday, September 10, 2007, a flagman remains at the work site for 3.0 hours. The amount billed will be $780. Example 2. Thursday, September 20, 2007, a signal maintainer remains at the work site for 6.5 hours. The amount billed will be $910. CN charges - 2007/09/01 71 GF +ERAL RU ,L An TLVFO "Expect the movement of a train, engine, rail car or track unit at any time, on any track, in either direction. Protect yourselfand othersfrom the movement of trains, engines, railcars and track units and do not expect them to stop." If any situation arises which affects the safe movement of trains, CN must be contacted through its Rail Traffic Control Centre in Edmonton: _4&W 6 after As an alternate only, contact may be made at CN's Operations Management Control Centre in Edmonton at: 1-840-661-3963. In an emergency, any object waved violently by anyone on or near the track is a signal far trains to stop. violation of CN's "Safety and Health Policy" or contravention of these guidelines may result in the immediate removal of the Contractor or the offending personnel from CN property. C;ompliance with Government fLegulationa Contractors shall follow all applicable Federal, Provincial, and Municipal Acts, Regulations, Laws and Codes, including but not limited to those related to the licensing of workers, occupational health and safety, transportation or handling of dangerous substances, inspection and certification of equipment. As CN is a federally regulated enterprise, Contractors are advised that work undertaken on CN right-of-way may be governed by Federal regulation. The Contractor shall become familiar with CN's Safety and Health Policy as well as all applicable regulations and shall ensure compliance by workers at the job site. Supplementary instructions may be issued by CN representatives from time to time. )nstructions 1. Before entering upon CN right-of-way, the Contractor must have all documentation properly executed and available for review by CN personnel at the working site. ( i.e. Permits, Licenses, Contract Documents and/or Waivers 2. Periodic briefings roust be held at every work site to review the contents of these guidelines and any unique conditions at the site relating to safety. The Contractor shall submit minutes of job briefings and safety meetings to the CN representative. 3. Unless explicitly permitted by CN, no equipment or vehicle may enter upon the operated right-of-way. 4. Unless explicitly permitted by CN, no work shall take place within ten (10) meters of the nearest rail except in the presence of a CN flagperson. CN flagpersons are concerned only with the safe movement of trains and will not be responsible for the safety of the Contractor, the Contractor's personnel or the Contractor's equipment. 5. Equipment operating within ten (10) meters of the nearest rail must come to a complete stop prior to the passage of engines, railcars, or track units. 6. No vehicle or heavy equipment may be situated or moved closer than four (4) meters from the nearest rail unless a CN flagperson has placed a block on train movements. 7. Upon the passage of a train, Contractor's personnel shall stand no closer than six (6) meters from any switch stand and, if possible, on the opposite side of the track. 8. Contractor's personnel shall not crawl under, climb over or pass through standing railway equipment. 9. Contractor's personnel shall not cross a track within six (6) meters of standing railway equipment. r~ 10. CN has many power and/or communication cables buried within the CN right-of-way. The Contractor shall be sure of their location before making any excavation, driving stakes or otherwise penetrating the ground surface. Page 2of5 ru,: AJWrA r9s~ 72 w.qe~,..,. ,,'ka~leafgdttdoc C-1-i,FiddOpuelow 11. Contractor's personnel must wear CN required personal protective equipment at all times while on CN right-of-way. Such equipment will include hard hats, safety footwear and safety glasses. Hearing and respiratory protection and fall arrest equipment shall be worn where signs are posted or when a potential hazard exists. All personal protective equipment shall be Canadian Standards Association (CSA) approved. 12. Metal measuring tapes or other metal appliances may interfere with the signal system and are not to come into contact with the rail of any tracks. 13. The Contractor shall not unnecessarily interfere with the movement of trains. 14. Walking or stepping on a rail, switch, guard rail, interlocking machinery or connection is prohibited. 15. No CN plant, signal, structure, equipment or property of any kind may be tampered with, modified or removed. 16. "Hi-rail" equipment shall only be operated on the track by personnel qualified in the latest version of the "Canadian Rail Operating Rules". 17. Horseplay, practical jokes, fighting or any other activity that may create a hazard will not be tolerated. 18. Contractor's personnel shall immediately abide by instructions from CN personnel. Alcohol and Other Drugs Contractor's personnel will be bound by the provisions of CN's "Policv On ALcQhol And Ot e a "while an CN property. All employees are required to report and remain fit for duty, free of the negative effects of alcohol and other drugs. It is prohibited to be on duty or to be in control of a vehicle or equipment while under the influence of alcohol or other drugs, including the after-effects of such use. 1, Wev Standards: The Contractor is to ensure that all employees and employees of sub-contractors adhere to the following standards when on CN business or premises: 1. No use, possession, distribution, offering or sale of illegal drugs or drug paraphernalia. 2. No use, possession, distribution, offering or sale of alcohol. 3. Responsible use of prescribed and over-the-counter medications. 4. No trafficking, distribution, offering or sale of prescription medications. 5. Report fit for duty and remain fit for duty. 2. pZicv Violation ProcedyLe&: Where the Engineer has reasonable grounds to believe any individual in the employ of the Contractor is on duty in an unfit condition, or where during the preliminary phase of an investigation an individual has been identified as being directly involved in the chain of acts or omissions leading up to an accident or incident: The Contractor will be notified. 2. The Contractor will be required to conduct the individual(s) to a safe place. 3. The Contractor will be expected to investigate the situation. 4. The Contractor must satisfy CN that there was not a policy breach. 5. The individual(s) will not be allowed to return to any position with CN without the written permission of a CN official and will be required to adhere to any conditions regarding their return. 3. Cons umces of Violation: Failure of the Contractor, its employees or sub-contractors to meet these standards will be considered a breach of contract. Eireams Firearms on CN property are strictly prohibited except where Contractors are authorized to do so in the performance of duties or those given special permission by an authorized officer. Page 3 of 5 P".Ap ii24, IM 73 w4&&waV"I.1..1. gdudoc COL"in MW op«,do- Contractor's vehicles on the site must be in safe operating condition. operators must observe all site speed limits. Unattended vehicles must not be left running unnecessarily. Where they must be left running, the hand brake must be applied. The operator is responsible far the safety of all passengers and the stability of materials being transported, Smokirgin-tLQ Workntace Smoking is not permitted in any CN interior workplace or motor vehicle. Securitv All vehicles will be parked in a pre-determined area and where required, a designated Contractor entrance shall be used. Contractor's personnel will proceed directly to the Contractor's work location. Contractor's employees must remain at their designated work site and must not wander about the site. The Contractor shall not permit persons other than the Contractor's personnel to enter the site without the prior written authority of the CN representative. `E ner e c Evacuation Procedures Prior to commencing work, all Contractor's employees must be familiar with the emergency evacuation plan for that work site. The Contractor shall issue written emergency and rescue procedures to the Contractor's personnel and shall post such procedures on the job site. Unsafe Conditions or Practices Contractors shall correct or report any unsafe conditions or practices they observe. All such conditions or practices shall be reported to the CN representative at the work site as soon as practical. R oe ortin¢ Accidents / Incidents All accidents / incidents that result in or had the potential of causing serious injury, lost work days, vehicle or property damage must be reported to the CN representative within 24 hours. All such incidents will be fully investigated by the Contractor. The Contractor shall subsequently provide a written report to CN within seven (7) days detailing the nature of the incident, the cause(s), regulatory authorities notified, and a specific action plan to prevent recurrence- Treatment of mitred Contractors shall ensure the following is provided for their personnel as required by CN and in accordance with applicable government regulations: 1. Adequate first-aid supplies and equipment. 2. A suitable emergency conveyance vehicle. 3. Qualified personnel to render fast-aid treatment. Fire Protective EQuinlnent At each work site, the Contractor shall provide a sufficient number of ABC Dry Chemical Fire Extinguishers in operating condition to provide reasonable protection as dictated by the work activity. All Contractor's employees -shall be familiar with the use of fire extinguishers and firewatches shall be provided by the Contractor where required. Housekee~ning A Work areas must be kept cleaned and free of rubbish and debris which may create tripping, fire or general hazards. All materials and equipment shall be stored in an orderly manner in an area designated by CN. A-. AW12A, 1"7 74 Page 4 of S wle~svvetirom,:►uredaeoo K Prntrctiolp Polio aepiegxx1d04. ~ty a ideli esfer QMIMMMMjadjbft:.CNTe:.~ ~ The Contractor shall comply with CN's "Fall Protection Systems Standards" in any situation in which the Contractor's personnel may be subject to hazards of falling. The Contractor's personnel shall have CSA approved equipment and be properly trained in its use. The Contractor shall issue to the Contractor's personnel written procedures regarding the erection, use, inspection and dismantling of any fall protection system employed. Confined Space Poliev_ CN's confined space policy applies to persons performing work for CN and having to enter in a confined space- "Confined space" means a tank, vessel, sewer, culvert, tunnel or other enclosure not designed or intended for human occupancy, except for the purpose of performing work: (a) that has limited number of openings for entry and exit, (b) that has poor ventilation, (c) in which there may be oxygen deficient atmosphere, or (d) in which there may be an airborne dangerous substance And may further be any other space, above or below ground; (a) not provided with a means of sufficient ventilation, or (b) not provided with a means of easy ingress or egress. Only qualified personnel shall be permitted to do confined space work.- A "qualified person" is a person who has been authorized and has successfully completed and passed the: i) Industrial Accident Prevention Association course on Confined Space Hazards and Control, or any other approved course on confined space entry requirements and has received adequate training, and fl) Is the holder of a valid St. John Ambulance Association Emergency First Aid Certificate. Persona) Identification When not accompanied by a CN representative, Contractor's personnel shall carry an identification card on their person. Such identification card will be issued by the Contractor and will be of standard business card size (3-1/2" X 2"). It will contain the following information: 1. Contractor's name, address and telephone number, 2. CN representative responsible for the job, 3. Employee's full name and personal identification details (e.g. Driver's License No,) 4. Name of Contractor's representative issuing the card. Audio and Visual Recording Equipment Cameras and audio-visual equipment are not permitted on CN property without prior approval. Summary In conclusion, CN requires the full cooperation of the Contractor and the Contractor's employees with these guidelines and all other applicable regulations. Should there be any doubt as to the meaning or interpretation of these guidelines, consult with the CN representative responsible for the worksite. Director, Engineering Field Operations April 24, 1997__'___ Page 5 of 5 Aar. Arrr 24. ;W 75 wvtxeM.dx 2003. 06. 10 STANDARD PIPE AGREEMENT- PROVINCES OTHER THAN QUEBEC Y1F: OIF: 4715-DDS-1.31 AGREEMENT NO. This Agreement entered into at Saint John, Province of New Brunswick, this day of 200_ BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY, a corporation having its head office at 935 de la Gauchetiere Street West, Montreal, Quebec 1-113B 2M9 (hereinafter called the "Railway") AND: CITY OF SAINT JOHN 175 Rothesay Avenue Saint John, New Brunswick E2J 2B4 (hereinafter called the "Applicant") WHEREAS the Railway hereby grants the Applicant the right and privilege to install, use and maintain a double sanitary parallel pipe crossing, within the Railway's right-of-way, at mile 1.31 Dry Dock Spur, off Mile 85.35 Sussex Subdivision (hereinafter the "works"), in the City of Saint John, Province of New Brunswick, as shown on Plan(s) No. 17 of 17 (hereinafter the "Plan(s)"), attached hereto and forming part hereof. 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 Applicant will carry out the work as shown on the attached Plan(s) (Appendix A), and in accordance with Railway requirements respecting safe railway operations, and no works shall proceed until the Agreement has been signed and the plan(s) has/have been approved by the Railway. 2. The works shall be constructed and at all times maintained in accordance with the Railway Safety Act and regulations, plans or specifications in force, adopted or approved by Transport Canada respecting pipe crossings under Railways, including Standards Respecting Pipeline Crossings Under Railways, TC E-10, effective May 10, 2001 (Appendix B), as amended from time to time, and any subsequent replacement document, according to the plans and specifications approved by the Railway. 3. No maintenance work shall be done without first obtaining the Railway's consent. 4. Under certain circumstances, before giving its permission to proceed to any work, the Railway may, at its discretion, assign an inspector to supervise the work to take place on its property. While so engaged, the inspector's wages and expenses will be chargeable to the Applicant and shall be paid by the Applicant immediately upon request by the Railway. 5. All costs associated with the construction, the replacement, the use and the maintenance of the works, including flagging, location of underground cables7gnd engineering fees, shall be paid by the Applicant. -2- 2003. 06. 1 0 The Applicant shall also pay all taxes, rates and assessments of any other nature that may be levied from time to time during the course of this Agreement against the Railway's property as a result of the works constructed by the Applicant. The Railway's G.S.T. Registration Number is R100768779. 8. The Applicant shall indemnify and save harmless the Railway from and against all actions, causes of action, proceedings, claims and demands (hereinafter referred to as "Liability") for any direct losses, costs, damages or expenses suffered or incurred by the Railway, by reason of any damage of whatsoever nature including damages to property or to any persons caused by, resulting from or attributable to any action or omission by the Applicant, its employees, servants, agents, licensees, invitees or generally by those for whom it is by law responsible or to the existence, construction, operation, maintenance, relocation, modification or removal of any crossing, or injury, including injury resulting in death, to the employees, servants, agents, licensees or invitees of the Company while on Railway property, except to the extent that such liability, damage or injury is contributed to, caused by, results from or is attributable to the negligence or misconduct of the Railway or of those for whom it is by law responsible. 9. The Applicant shall immediately carry out all measures which the Railway, in its sole discretion, considers necessary to keep the works free and clear of all environmental contaminants or residue (hereinafter referred to as "Environmental Contamination") resulting from the Applicant's occupation or use of the Railway's premises (hereinafter the "Premises"), such condition to be confirmed (at the option of the Railway and at the sole expense of the Applicant) by a}cost-termination environmental inspection/audit of the Premises to be carried out by the Railway. The Applicant shall be solely responsible for the cost of all work carried out to correct any Environmental Contamination which occurs on the Premises, or which occurs on other lands as a result of the Applicant's occupation or use of the Premises. 9.1 a) Notwithstanding the foregoing, in the event that the Railway, at any time, suspects that a potential source of Environmental Contamination may be either present on the Premises or at risk of escaping from or onto the Premises to or from the adjoining lands, the Railway shall have the right to enter upon the Premises, at all reasonable times and from time to time, in order to inspect the Premises and conduct or require the Applicant to conduct, at the Applicant's expense, such tests as may be required to verify the condition of the Premises. The Applicant shall, at its expense, take any and all action as shall be required to prevent such Environmental Contamination from occurring or escaping from or onto the Premises. b) The Applicant shall be responsible to notify the Railway of all Environmental Contamination that the Applicant suspects is occurring on or escaping onto the Premises from adjacent lands or resulting from third party occupation. 9.2 If the Applicant fails to correct any Environmental Contamination to the satisfaction of the Railway and any public authority having jurisdiction, the Railway may perform such work by its employees or agents. The Railway may charge the Applicant from time to time for all the costs incurred by the Railway in correcting such Environmental Contamination, plus fifteen per cent (15%) for overhead, and the Applicant shall pay the Railway's invoice or invoices for such costs within ten (10) days of receipt of each invoice. In the event such remedial work is carried out by any public authority, the cost of such work shall be borne by the Applicant. 9.3 The Applicant shall comply with the provisions of any federal, provincial or municipal laws applicable to the Premises with respect to maintaining a clean environment. If any public authority having jurisdiction with respect to environmental protection or fire protection requires the installation of equipment or apparatus on the Premises to improve the environment or to improve fire protection facilities, then the Applicant shall promptly install such equipment or apparatus or take such measures as may be required by such public authority. The Applicant shall be solely responsible for the cost of all work carried out to comply with the requirements of a public authority. 9.4 Upon the termination of this Agreement, the Applicant shall leave the Premises in a clean and tidy condition, free of any Environmental Contami~ption resulting from or occurring during the Applicant's occupation or use of the Premises. If the Applicant has installed any facility on or under the Premises, fhe A- H^~n+ oh A rcmnvc cE irh fnriliht ci ihiart to tha nmvicinne of r'lai ica 15 Tha Annlirant chaff -3- 2003. 06. 1 0 occurrence, combined single limit for bodily/personal injury (including death), or for damage to or destruction of property (including loss of use) caused by accident or occurrence. This policy shall name the Railway as an additional insured and shall contain a cross-liability clause. 10.2 The Applicant shall provide the Railway with proof of insurance in the form of an insurance certificate, which certificate shall detail the coverage requirements and shall obligate the insurers to give the Railway a thirty (30) day prior written notice of cancellation or non-renewal, or of any material change affecting the coverage provided therein. 11. The Applicant's property, and any other person's property, shall, while located on the Railway's premises to fulfill any obligation covered by the present Agreement, be deemed to be there at the risk of the Applicant as to damages, loss or theft attributable to any cause whatsoever. 12. This Agreement is binding upon the respective employees, agents, successors and representatives of the Railway and the Applicant; however, the Applicant may not assign or transfer this Agreement, in whole or in part, or any of the rights and privileges resulting there from, without the prior written consent of the Railway. Said consent may not be unreasonably withheld. Notwithstanding the foregoing, assignment or transfer by the Applicant of its interests in the present Agreement to a parent, subsidiary or affiliate of the Applicant shall be not considered an assignment or transfer for the purposes of this Agreement. 13. This Agreement will continue in force from the date hereof to its termination, at any time, by giving a written notice to the other party at least thirty (30) days from the date of expiration. In the event of any failure by the Applicant to comply with any provisions of this Agreement, and upon the Applicant being notified in writing by the Railway alleging such failure and failing to remedy the failure within (thirty) 30 days of receiving such notice, the Agreement will be forthwith terminated upon receipt of written notice of termination. In either case, it is understood that the Railway will not reimburse the Applicant for any monies paid in advance under the provisions of this Agreement. 14. Unless otherwise specified, all notices, accounts, statements, reports, documents or instructions to be given by any party under the terms of this Agreement must be given in writing at the following address: FOR THE RAILWAY: 277 Front Street West, Floor 8 Toronto, Ontario M5V 2X7 Attention: Contracts Department Facsimile: (416) 217-6764 FOR THE APPLICANT: City of Saint John 175 Rothesay Avenue, Saint John, New Brunswick E2J 264 Attention: Kendall Mason, P. eng. Facsimile: (506) 658-4740 Notice shall be sufficiently given if delivered by courier or facsimile, or if mailed by prepaid registered mail to the above address or to such other place as may be specified in writing. Any notice or other document, if delivered by courier or facsimile, shall be deemed to have been given or made on the date delivered or the date that a confirmation of receipt of the facsimile was recorded by the sender, and if mailed, on the third business day following the doe on which it was mailed. In the event of an actual or imminent disruption of postal service in Canada, the notice shall be delivered by courier. -4- 2003. 06. 10 the Railway's right to recourse against the Applicant for compensation for any costs or damages incurred by the Railway as a result of the Applicant's default. 16. The Applicant shall not, at any time and in any way, impede the operation, the maintenance or the enjoyment of the Railway's property by the Railway and its representatives. If the Railway deems, at its discretion, that the work being undertaken or the method used to undertake the work will impede the Railway in any way, the Railway may order the work stopped, recommend a different methodology, require that adequate protective measures be taken and generally impose any measures or any combination of measures that the Railway may deem necessary under the circumstances. The Applicant will comply with the requirement of this clause, at its risk and expense and without recourse against the Railway except for damages, if justified. 17. The Applicant agrees not to register this Agreement or to file or register any caveat or other encumbrance based on this Agreement against the title for the said Works without first obtaining the written consent of the Railway. 18. This Agreement shall be governed by and construed in accordance with the laws of the Province in which the works are located, and all applicable federal laws and regulations. 19. 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 works are located. 20. The preamble to this Agreement and all its Appendices form an integral part hereof. IN WITNESS WHEREOF the parties hereto have executed these presents as of the day and year first above written. CANADIAN NATIONAL RAILWAY COMPANY Witness for the Railway Richard Paton Manager, Central Region am authorized to bind the Company APPLICANT Witness for the Applicant Name: Title: I am authorized to bind the Company Witness for the Applicant Name: Title: 79 1 am authorized to bind the Company 'span } j ~,s;u" January 6, 2009 Mayor Ivan Court & Council City of Saint John City Haft 15 Market Sq, 6th Flr Saint John, NB E2L 1 E8 Re: ADT Canada-Russia Challenge Mayor Ivan Court & Council: On behalf of the ADT Canada-Russia Committee, Thank you for your support of this event. The game and the Coast Tire/Tim Horton"s Fan Fest the day before were a huge success. The members of the Quebec Major Junior Hockey League, the CHL, and others were suitably impressed. This will go a long way to bringing other events to the city of Saint John. It is because of supporters such as you that this event went so well. It was by far the best event of the 6 cities and the highest attended. We were able to show everyone that we are willing to put on a show that goes beyond expectations. It was the committee, and the Saint John Sea Dogs mission to put on a quality event and show that we are well supported by the community. We accomplished that goal with your support. Once again, Thank You and we look forward to working with you in the future as we work to bring other events to Saint John.. Thank You, Mike McGraw Event Chair ADT Canada-Russia Challenge 2008 Canada-Russia Challenge November 19, 2008 Harbour Station 99 Station Street aq~ Saint John, NB E2L 4X4 Wayne Long President Saint John Sea Dogs ~J J I r 80 January22, 2009 Mayor Ivan Court Members of Common Council City of Saint John PO Box 1971 Saint John, N.B. E21- 41-1 Dear Mayor Court and Members of Council: This year marks the centennial of the birth of powered aviation in Canada. In 1909 the Silver Dart flew at Baddeck, Nova Scotia. The Flight of the Silver Dart committee have an interesting array of events to mark that event. You may know that the birth of Canadian manned aviation actually begins here in Saint John, 69 years before the Dart. In 1840 Professor L.A. Lauriet flew his `Star of the East' balloon from the Barrack Green to Loch Lomond. That event is recognized nationally as the first manned flight in Canada. I ask that Council' send best wishes to the Silver Dart chairman, Shane MacFarlane. Their web site is htto://www.fliahtoft'hesilverdart.ca/ . I would be happy to provide any additional information you may wish. 81 Saint John Parking Commission Commission sur le stationnement de Saint John January 22, 2009 Mayor Ivan Court and Members of Common Council City of Saint John 8th Floor, City Hall Saint John, NB Mayor Court and Members of Common Council: RE: Appointment of Patrick Shannon Canadian Corps of Commissionaires as a By-Law Enforcement Officer 11th Floor, City Hall, 11ieme Etage, H6tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B./N.-B. E2L 41-1 Tel / Tel: (506) 658-2897 Fax / T616copieur: (506) 649-7938 E-mail / Courriel: parking@saintjohn.ca We are requesting that the following resolution be approved: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, Section 8(1), and Section 15 of the Saint John Traffic By-Law, namely: Patrick Shannon. And further, that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." `"ours truly, Richard J. Smi General Manager RJS/vj www.sa'Vjohn.ca Your Worship and Members of Council, SUBJECT: PROPOSED W&S BY-LAW AMENDMENT -SCHEDULE "C" At the January 16", 2009 meeting of Common Council, first and second reading was given to A By-Law to Amend a By-Law Respecting Water & Sewerage [Appendix "C", to report M & C 2009 - 002, entitled "Saint John Water (W&S Utility Fund) Proposed 2009 Operating and Capital Budgets"]. Included in the amendment was a new clause at subsection 2 of Schedule "C" of the By-Law, which read as follows: "The charge for sanitary sewer may be adjusted based on factual product data provided by a customer (manufacturer), to the satisfaction of the Commissioner, which shows the volume of metered water incorporated into a product and not directed to the sewerage system. " The proposed amendment would recognize those circumstances where an amount of water consumed in a non-residential facility is utilized (through objectively verifiable data) and not directed into the sanitary sewer system. Staff is working with the City Solicitor's office to fully research and design appropriate wording for this subsection - to accurately capture its intent and purpose. RECOMMENDATION It is recommended for third reading of the By-Law, at this time, that the proposed subsection 2 of Schedule "C" not be given third reading. A separate report will be brought forward for Council's consideration to address subsection 2 of Schedule "C" and to make the proposed By-Law amendment. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, FCA Commissioner, City Manager For Saint John Water 83 A BY-LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAU D'EAU ET D'EGOUTS Be it enacted by the Common Council of The Lors dune reunion du consell communal, The City of Saint John as follows: City of Saint John a decrete ce qui suit : A By-law of The Citv of Saint John entitled "A By-law Respecting Water and Sewerage" enacted on the 7`i' day of June, A.D. 2(_)(_)4, is hereby amended as follows: Par les presentes, 1'arrete de The City of Saint John intitule «Arrete concernant le reseau d'aqueduc et d'egouts decrete le 7 juin 2(_)(_)4, est modifie comme suit : 1 Schedules "A", "B" and "C" are repealed and the following are substituted therefor. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said Citv to be affixed to this by-law the day of A.D. 2(_)(_)9 signed by: Mavor /Maize 1 Les annexes « A B et « C sont abrogees et sont remplacees par celles qui figurent aux presentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2(_)(_)9, avec les signatures suivantes : Common Clerk/Secretaire communal First Reading - January 191x' 2()()9 Premiere lecture - 19 janvier 2009 Second Reading - January 191x', 2()()9 Deuxieme lecture - 19 janvier 2(_)(_)9 Third Reading - Troisieme lecture - 84 SCHEDULE "A" /ANNEXE «A» Effective January lit, 2009 / En vigueur le 1 " janvier 2009 Flat rate customers Flat rate customers Yearly Water charge $373.87 Tarif forfaitaire pour les clients Tarif forfaitaire pour les clients Redevance sur 1'eau 85 Tarif annuel 373,87 $ SCHEDULE "B" 15 mm 20mm 25mm 40mm 50mm 75mm l oomm 150mm 200mm 250mm & up Effective January ht, 2009 Yearly (S) 216.36 264.84 361.68 475.56 948.72 1,971.48 3,428.52 5,388.24 7,742.40 10,485.96 Monthly (S) 18.03 22.07 30.14 39.63 79.06 164.29 285.71 449.02 645.20 873.83 Bi-Monthly (S) 36.06 44.14 60.28 79.26 158.12 328.58 571.42 898.04 1,290.40 1,747.66 Monthly (by m) Bi-Monthly (by m) Consumption (m) Rate ($/m3) Consumption (m) Rate ($/m3) For the first 50 0.93 70 For the first 100 0.93170 For the next 124,950 0.5967 For the next 249,900 0.5967 For all in excess of 125,000 0.2106 For all in excess of 250,000 0.2106 Spillage 0.1100 Spillage 0.1100 86 ANNEXE << B En vigueur I" janvier 2009 Dimension du compteur Tarif annuel Tarif mensuel Tarif bimensuel 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 100mm 3,428.52 285.71 571.42 150mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm et plus 10,485.96 873.83 1,747.66 Mensuels (par m) Bimestriels (par m) Consommation (m) Frais Consommation (m) Frais ($/m3) ($/m3) Pour les 50 premiers m; 0,9370 Pour les 100 premiers m; 0,9370 Pour les 124 950 m3 0,5967 Pour les 249 900 m3 0,5967 suivants suivants Pour toute consommation 0,2106 Pour toute consommation 0,2106 au-dela de 125 000 m3 au-dela de 250 000 m3 Renversement 0,1100 Renversement 0,1100 87 SCHEDULE "C" / ANNEXE << C Effective January 1`t, 2009 / En vigueur le 1 " janvier 2009 Sanitary sewer surcharge 1. The charge for sanitary sewer services is calculated as 122% of the customer's bill for water services (including both consumption and service charges). Surtaxe d'egouts sanitaires 1. Les droits afferents aux egouts sanitaires s'etablissent a 122 % de la taxe d'eau de 1'abonne (frais de service et redevance de consommation compris). 88 The City of Saint John January 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Please find attached a request from Saint John Transit. The request is support for the following motion: Motion: Council instruct the City Manager to strike a working committee consisting of various stakeholders (Transit/ Parking /Municipal Operations) to develop a comprehensive call for proposal for a city wide transportation study all inclusive with service level standards forming part of the proposal. Further, that the City Manager report back to Council with the draft proposal not later than March V, 2009. Yours truly, Councillor Titus f. a. SAINT JOHN RO, Box 1971 Saint john, NB Canada E2L 4L1 I ws+vw.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 89 The City of Saint John January 20, 2009 His Worship Mayor Ivan Court and members of Common Council City of Saint John P.O. Box 1971 Saint John, NB Dear Mayor Court and Councillors: At the direction of the Saint John Transit Commission, I have been instructed to make a formal request to the City of Saint John for the City to undertake the development of a Master Transportation Plan that would recognize the principal of sustainability and provide guidelines for the development of future transportation infrastructure in Saint John. Saint John Transit wants to develop service standards for transit service in our area, but we feel that the target ridership that these standards would support should be determined by a Master Transportation Plan that Common Council supports and has endorsed. It is the opinion of Saint John Transit that a transit ridership level of 4,000,000 trips per year is a. reasonable target for a sustainable transportation network for a city of our size, but we are also of the opinion that such a goal should be part of an overall Transportation Master Plan, Saint John Transit believes the need for this formalized direction for transportation infrastructure during a period of growth is of paramount importance to the sustainable development of Saint John. Yours truly, Chris Titus Chairman Saint John Transit SAINT JOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L4L1 90 The City of Saint John January 21, 2009 Your Worship and Members of Council, A continuing concern where flat rate water rates are concerned is the disproportionate amount paid by those who use the least and/or those whose means are most limited. Until such time as people have the ability to control their usage, consideration should be extended to those who, in all probability, are frequently the most frugal water users: seniors and those on fixed incomes. In addition, those who are currently living below the poverty line should, as a matter of social conscience, be afforded the opportunity of an exemption of the currently proposed increase. Motion: That a means test be developed whereby seniors, those on fixed incomes and/or the poor could be considered for exemption from flat rate water use increases until such time as universal metering is implemented.. Sincerely, (sent via e-mail) Councillor Killen 1 d SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.I. 1971 Saint John, N.-B. Canada E2L 4L1 91 ~o . M&C #2009 January 19, 2009 Has Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: SAINT IOHN GENERAL FUND : THE 2009 OPERATING BUDGET 71 I.7RPOSE: The purpose of this report is to provide a summary for review and discussion by Common Council of the proposed 2009 Operating Budget of the City of Saint John's General Fund. If found acceptable to Common Council, approval is being sought for the necessary recommendations and resolutions that will allow the Administration as well as a number of Agencies, Boards and Commissions to proceed with these documents, serving as guidelines when delivering various services to the community. ) EVIEWING THE CONTEXT: Al In considering this document, it is essential that Common Council and the public be provided with some appreciation of the context in which staff has compiled the information for this Operating Budget. Understanding the context is extremely important in as much as if staff has misjudged or misunderstood both what staff will call, '"Community and Council Expectations," then clearly the proposed resolutions will be found not to be acceptable and staff will need to be given further direction. While the 2008 Operating Budget was prepared in the context of, "Saint John being on the cusp of a significant growth period," recent global events have somewhat dampened the degree of optimism that had gripped this community just one year ago. This is not to suggest that the community should not expect many great announcements over the next twenty-four to thirty-six months;, but rather a view that municipal spending and commitments for the future must be considered in a very "prudent and conservative manner. 92 REPORT TO COMMON COUNCIL: SAINT JOIINGENERAL FUND 2009 OPERATING BUDGET G Secondly, this document has been prepared on the basis of the Administration now having available to it the priorities of Common Council. These priorities are an integral part of this community's efforts to not only be sustainable, but also to demonstrate the actions being taken by Common Council in support of achieving the Community's Vision as compiled by the Citizens' Advisory Committee. Thirdly, the documents have been prepared recognizing that this is the first Operating Budget to be approved by the Council elected in 2008. As such, particular attention and effort by Council and staff has been aimed at driving certain efficiencies within all civic departments but equally true with respect to a number of municipal commissions most notably Police and Transit. Fourth, the documents have been prepared based on a recognition that so many of the Ton Profit groups, members of Arts and Cultural Community and those organizations in the field of Social and Educational Development are under ever increasing pressure to source out, ".tong Term Sustainable Funding." While in the current fiscal environment, both the private sector and other levels of Government are reducing or eliminating funding, the City of Saint John is endeavouring to maintain, and in some areas even increase, its funding envelopes in support of these activities. Finally, the documents have been prepared on the basis of knowing full well that there are strongly held views in this community with respect to the role of municipal government and the efficiency and effectiveness by which the public sector can deliver services. In 2008, this issue was referenced as follows: "The documents have also been prepared on the basis of knowing that some in our community hold a very strong view that less government is better, that the private sector is more efficient and that citizens are overburdened by high costs, particularly in the area of police and fire." ...and went on to state: "The dichotomy of views on such matters is one of the great debates in municipal circles and will no doubt continue for years. As for the Administration, its role is to bring these concerns to the attention of elected officials who in turn have the responsibility of listening to the community and assessing the pulse of citizens on these issues. If a majority of the Community share these views, the Administration would fully expect that Council would give clear direction and that a complete and radical overhaul to the methods and levels of service provided by Police, Fire and Municipal Operations would have to begin. 0: t' REPORT TO COMMON COUNCIL SAINT JOHN GENERAL FUNGI 2009 OPERATING BUDGET It is in this context that the proposed Operating Budget has been compiled. C URRENT CHALLENGES- The The preparation of the 2009 Operating Budget has not been without its challenges. This time last year, a statement was made that in 2008 the same general level of services would continue in 2008 as existed in 2007. However, that Budget Document contained the following caveat. "In order to make this commitment and at the same time be responsive to community goals and Council's expectations, certain operational effectiveness in program delivery is to be implemented as well as expenditures are going to have to be aggressively managed. Even more specific, to be successful in meeting these 2008 Operating Budget targets, Council and the Police Commission are going to have to be successful in negotiating contracts (particularly with Fire and Police) with wage settlements less than what are being experienced in other communities and more in line with that being proposed for management staff (2916). Information regarding recent settlements would indicate that this is a significant risk, particularly when both Bargaining Units have the options of proceeding to binding arbitration." It should therefore come as no surprise that the Police Commission and the Fire Service are being challenged to maintain service levels at funding levels below those requested. The reality is that wage costs as a result of negotiated wage settlements, anticipated arbitrated settlements and the movement of officers through the rank structure are driving labour costs in these services far beyond the 2% to 3% that the City Manager indicated would be necessary. An equally significant challenge in terms of dollars is the ever increasing costs associated with providing an acceptable and reliable Public Transit System. Thanks in part to other levels of Government, the Capital Infrastructure, i.e. a new facility and new buses, have been, or are in the process of being dramatically improved. Having said this, it must be acknowledged that taxpayers in this community have committed over $15 Million in Capital Funds to this service in the past six years. With respect to operations, the annual subsidy to this service has grown from $2,380,000 to $4,242,921 in the past six years. This is not to pass judgement on the value of the service to many in our community nor should it be construed as a comment with respect to the efficiency of its operations. Rather, Council, if it is supportive of improved public transit, must acknowledge that the amount of subsidy to this service, by necessity, will greatly exceed the expenditure targets that have generally been set for other municipal services. REPORT TO COMMON COUNCIL. SAINTJOHN GENERAL FUND 2009 OPERATING BUDGET Perhaps the final significant challenge in Council's discussions to date has centered. on investing sufficient funds on our public roads and streets. The condition of city streets is apparent to everyone. Every resident, every taxpayer, every visitor and every commercial operation depends on an "adequate road and sidewalk surface." Staff is confident that Council members have heard such concerns from their constituents. More than just responding to concerns, your staff is very much aware of the life cycle costing of municipal roads and streets and when it is appropriate to undertake certain actions to extend the life cycle to avoid costly "road construction projects." Staff has repeatedly raised these concerns and it was for this reason that the original suggestion to Council was that it almost double its investment in the Asphalt Resurfacing Program in 2009 and plan for an ever increasing amount in 2010. Unfortunately, fiscal realities and community expectations with respect to the tax rate are preventing the Municipality from investing anywhere close to the optimal amount in this Asphalt Resurfacing Program. Having said this, the Asphalt Resurfacing Program is being increased by $650,000 or 50% in 2009. ESPONDING TO OUR COMMUNITY'SVISION: While these are the more significant challenges that were faced in assembling the proposed Operating Budget, citizens and Council should be aware of certain actions proposed within this Budget and the Capital Budget to be tabled shortly, that are in direct support of the Community Vision Statement and Council's Priorities. For example: The proposed 2009 Operating Budget enhances the work initiated by Common Council to this end. This initiative of Common Council has previously led staff to recommend: a) Adoption of Sustainability Principles. b) Establishment of the Citizens' Advisory Committee and the resulting "Community Vision Statement." c) Facilitation of the Integrated Community Sustainability Plan. REPORT TO COMMON COUNCIL; SAINTJOHN GENERAL FUND :2009 OPERATING BUDGET d) Facilitation assistance to Council in establishing and agreeing upon Council priorities. Very shortly, Council will receive the "Corporate Strategic Plan Our Commitment to the City of Saint John" document. This document, the preparation of which involved many, has been facilitated by the Corporate Planning Unit. All of this work is known to be "best practice" and is an essential component in realizing the very first of this Community's Vision Statements. Connnunity Vision Statement. "Our° Saint john. was barn of the water. Lime the tries we live by, we are responsive to the constant change in our environment, econoiny and society." The key word in this statement is "Responsive". Staff believes it important to highlight the fact that this document is responsive in as much as it: a) Responds to the call for a drop in the municipal tax rate. b) Responds to concerns related to escalating costs of municipal services. c) Responds to the priorities of a new Council d) Responds to calls for an increase in support for Recreation and efforts to rebuild Neighbourhoods. e) Responds to a growing concern with respect to the appropriateness of the City's current Municipal Plan. f) Responds to the desire to see the Administration take a more proactive role in the area of internal and external communication. Coninrirnity Vision Statement: "Our° Saint john is a liveable city designed" for people where everyone can feel at hoinew We are diverse in cultures, rich in arts, fail of exciting en tertain nj en t and" recreational activities." At a time when others are perhaps reducing costs in these areas, the proposed budget contemplates an increase in the Operating Budget being provided to Leisure Services and increases the Budget envelopes for Arts and Culture, Festivals and Celebrations and Social Development Support. These decisions are all a direct response to the Community's Vision Statement. REPORT TO COMMON COUNCIL: SAINT JOHN GENERAL FUND 2009 OPERATING BUDGET ESPONDING To COUNCIL'S PRIORITIES: _ '.The documents have also been priorities. For example: prepared in direct response to Council's i:a t. The proposed budget does contain and specifically provide for a Value for Money Audit of a service(s) to be determined by Council in 2009. Staff would suggest that this should be part of a recurring annual program and simply be "The way we do business." More significant is the fact that monies will also be included in the Reel Plaza Capital Program to verify that whatever path is chosen, citizens can be assured that a rigorous and disciplined approach to measuring "value" has been applied to this project. Once again, staff would suggest that on all major capital projects this should simply be "'The way we do business.' Finally, the budget does provide sufficient funds to allow the administration to continue to press forward with an Accountability Framework, Benchmarking and the Public Reporting of results. Council Priority "A significant reinvestrnerat in existing recreational facilities and rogranis with the goals of planning and constructing one new recreational facilitj7 based on the needs in the corrrrnunitjd." The proposed Operating and soon to be tabled Capital Budget call for expenditures on existing recreational facilities and programs at a level that has not existed since the construction of Harbour Station. council priority. Treate a greener coininunity by Championing strategies for reducing waste while encouraging sustainable development and use of renewable energy." The proposed Capital Budget, to be tabled shortly, contains a number of items specifically to address energy consumption. One such item is an envelope under the caption of "Sustainability Energy Management," $225,000 which is hoped to be a n - T71,,, REPORT TO COMMON COUNCIL: SAINT JOHN GENERAL PUNT] 2009 OPERATING BUDGET recurring annual program aimed at reducing energy from all sources utilized by the Municipality. In addition, $60,000 has been set aside to further eliminate energy costs being incurred at Market Square. HVAC Systems, windows and doors are being replaced or overhauled in a number of Municipal buildings. C"oi ncil PNor°ity. "Resarri°ce the City's Planiihi Depai-tment and C"oir°rr oii Council to update theMunicipal Plaii In line with Council pi,ioi,ities " The proposed Operating Budget contains the funds as requested by the Commissioner of Planning to undertake this task in a planned and very deliberate manner. While the financial resources are being made available, the more pressing concern is whether the City is able to attract the "necessary human resources" on a timely basis. Council a 140111-ity. "The City must take oiviiei-ship in the revitalizatioii of out- fire pi4oi1ty neiglabout-hoods thr-ough leadership embedded in City Hall, The proposed 2009 Operating Budget retains the Neighbourhood Development at $1.50,000. Equally significant is that within Leisure Services, funding to third party Community or Recreation groups, largely in the more rural area of the City, has doubled from $18,000 to $36,000. These proposals are in direct response to Council's priority statement. Council P'r°iot-ity. "Establish Orr Economic Develcrpmeiit Junction within the City's Administration."' Although the proposed Budget does not contemplate any additional financial resources in this regard, discussions have been held with Enterprise Saint John towards this end. Beginning in 2009, the Deputy City Manager will assume a greater role in coordinating the City's various economic development initiatives. Currently, plans are underway with Enterprise Saint John to initiate a pilot program aimed at spurring smaller economic development opportunities adjacent to many of our residential neighbourhoods. REPORT TO COMMON COUNCIL: SAINT JOHN GENERAL FUND 2'009 OPERATING BUDGET S _ . , D ESPONDING TO CONCERNS FROM INDIVIDUAL CITIZENS Having a Community Vision, an Integrated Sustainable Community, a list of Council priorities, a Corporate Strategic Plan, and also an Associated Accountability Framework, is critical to Council's efforts to move this Community forward. Council should never lose sight of this reality. At the same time, staff is appreciative that many of our citizens simply do not have time to follow, and therefore embrace this major planning process being undertaken by Council and staff. These citizens need to have their concerns specifically addressed, so to them: For those citizens who are concerned with respect to the performance of the Officers of the Municipality, this Budget includes $50,000 to enable Council to engage the necessary outside independent advice to address their concerns. ® For those citizens who are concerned with respect to the increasing costs of the City's Pension Plan, this budget includes $100,000 to enable Council to engage the necessary outside independent advice. • For those citizens who would like to have further assurances that they are receiving value for their investment in the delivery of certain services, this budget includes $100,000 to initiate an annual, of what some might refer to as a "Value for Money Audit Program." • For those citizens who have concerns with respect to regular maintenance of municipal road and streets, this budget results in the Asphalt Resurfacing Program being increased by $650,000 in 2009, a 50la increase. • For those citizens who have expressed concerns related to the maintenance of our public green spaces, most notable, Harbour Passage and the increasing inventory in the uptown area, this budget includes additional monies in the Parrs Service to address these concerns. • For those citizens and developers who have cause to refer to the City's Municipal Plan and question its current relevancy, this budget includes a substantial financial commitment to the Community Planning Service and in particular the starting of a process to create a new Municipal Plan. • For those citizens who have family members with health conditions that may require immediate medical assistance, this budget contemplates the continuation of the City's Tiered Response System. This system saves lives. • For those citizens who rely on the Public Transit System, this budget does not propose funding reductions that would result in less service than exists today. • For those citizens who were concerned about a possible decline in the number of Police Officers serving their neighbourhoods and protecting their homes and/or businesses, they can be assured that this budget will not affect the current level of service. REL'ORT°TO COMMON COUNCIL: SAINT JOHN GENERAL ,PANT) 2009 OPERATING BUDGET • For those citizens who are concerned with the increased risks in our community resulting from industrial expansion, an additional $65,000 has been provided to the Saint John Emergency Measures Organization. This money, along with funds from the private sector will assist this community to raise its level of "Emergency Preparedness." • For those citizens who have expressed concerns related to the City's ability to "keep them informed" the Communication Service is being enhanced in this Budget. For those citizens who were concerned that the City would find it necessary to back away altogether from its commitment to the Arts, to Education and to Social Development, they can be assured this is not at all the situation. In fact, this Budget includes additional commitments to the Imperial Theatre, the Saint John Theatre Company, Hospice and Key Industries. • For those citizens who are concerned with respect to the future of the Cherry Brook Zoo, this Budget includes a contribution of $50,000. Admittedly, not the level of sustainable funding that had been requested. However, at this time, the City needs to be assured that the neighbouring communities, the private sector, and individual citizens are all supportive prior to increasing its funding on an ongoing basis. • Finally, for these citizens who are concerned with respect to our increasing Debt Service Cost, they should now have the assurance that the City's various debt. ratios are well below all of the debt ratios and related benchmarks as established by the Province of New Brunswick. xE 2009 OPERATING BUDGET: IN SUMMARY In summary, the Operating Budget, if approved by Council, will result in a tax rate of $1.785 Per $100.00 of assessment. Both revenues and expenditures are expected to increase by 6.5% resulting in a Net Municipal Budget of $98,306,534. The revenue increase is primarily due to the reported increase in the value of all real property within our community. Having said this, staff are estimating that Permit Revenues will far exceed the 2008 estimate but slightly less than actual results experienced in 2008 which was an exceptional year, but one which Council should not necessarily expect to be repeated. ONG TERM: 2010 AND BEYOND: The approval of an Annual Operating Budget is often seen as a "moment in time" exercise. Nothing could be further from the truth. The approval being sought today is not the end of the process, but rather the beginning of a process by this Council to monitor, to evaluate, to report and to adjust the investments of taxpayers' dollars. Council has been made aware of the challenges that are to be faced by various Commissions and departments as a result of circumstances sometimes k. REPORT TO COMMON COUNCIL: SAINTJOHN GENERAL FUND 2009 OPERATING BUDGET" 10 beyond their control, and as a result, a set of policy directions are being proposed that will ensure that Common Council is kept fully apprised of financial realities throughout the year. More importantly, these statements, if adopted, will ensure that all of the stakeholders are made aware of the Policy Directions of this Council during its term, and that the decision to alter these policy directions is the sole purview of Common Council. Specifically, the proposed Policy Directions are as follows: • That Members of Common Council, sitting on various Agencies, Boards and Commissions, shall be responsible for communicating to these ABC's the Policy Directions as established by Common Council. • That Members sitting on these ABC's, as well as the City Manager, are required to meet with the Finance Committee (at a minimum twice yearly) to apprise the Committee of any challenges being incurred in meeting the objectives of the Annual Operating Budget. • That the Finance Committee be given the responsibility of making recommendations, in collaboration with the City Manager and Commissioner of Finance to Common Council with respect to any corrective actions that are required. • That the Finance Committee, no later than September 30th of each year, be responsible for receiving and reviewing the initial budget Submissions from the various ABCs and the Administration compiled on the following basis. 0 2010 - Submissions shall not exceed the 2009 Approved Budget plus 4.5%. 0 2011 - Submissions shall not exceed the 2010 Approved budget, plus 4'W 0 2012 - Submissions shall not exceed the 2011 Approved Budget plus 4%. Accompany those submissions must be documentation that identifies,. o Mission critical services that cannot be funded within the budget envelope. o Requests from citizens that cannot be funded within the budget envelope. o Value added services not previously funded. Submissions on each issue must be short, direct, to the point and not exceed one page in length. The Finance Committee shall be given the responsibility to work with the City Manager and Commissioner of Finance to table an initial draft Budget Document with Council, not later than October 31, of each year. REPORT TO COMMON COUNCIL: SAINT JOHN GENERAL FUND 2009 OPERA TH.,; BUDGET 0 A Policy Direction be agreed upon that results in any future revenues from tax base growth, grants or any other source that in total exceed the expenditure guidelines shall be directed in the following fashion. o To reflect, any full year program expenditure requirements, that was only partially funded the preceding year. o To assist Council in achieving its Tax Rate Objective.. o The remaining amount shall be split 50/50 to; Increase the Asphalt Resurfacing Program. Increase the amount of Capital items to be financed through current Operating Revenues. ONCLUSTON: In concluding, staff wishes to reiterate that we have endeavoured to be responsive to the wishes of the Community as stated in the 20 Year Community Goals and to Council's priorities. As a result, we would request that Common Council give consideration to adopting the following resolutions. RESOLVED that the sum of $126,939,949 be the total Operating Fund Budget of the City of Saint john for 2009 as detailed in the attached Appendix A, and; RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 2009 be adopted in the amount of $98,306,534, and; RESOLVED that Common Council orders and directs the levying of $1.785 per hundred dollars of assessment by the Minister of Local Government on real property liable to taxation under the Assessment Act within the City, and; RESOLVED that Common Council authorize the Commissioner of Finance to disburse, at a time acceptable to him, to the named Commissions, Agencies and Committees, the approved funds as contained on Appendix B of this document. RESOLVED that Common Council approve and endorse the Policy Directions as contained in the section of this report entitled "Long Terra: 2010 and Beyond.„ REPORT TO COMMON COUNCIL.' SAINT JOHN GENERAL FUND 2009 OPERATING BUDGET 7r 4 2 spe submitted, Terren'' e L. Totten, FCA CITY MANAGER Attachments ~r~ APPENDIX A THE CITY OF SAINT JOHN 2009 OPERATING BUDGET SUMMARY 2008 BUDGET 2009 PROPOSED BUDGET TOTAL EXPENDITURES $119,166,653 $126,939,949 LESS: NON-TAX REVENUE 9,042,268 9,133,592 110,124,385 117,806,357 UNCONDITIONAL GRANT 19,499,823 19,499,823 NET BUDGET 90,624,562 98,306,534 TAX DENOMINATOR $5,048,716,432 $5,507,368,788 TAX RATE 1.7950 1.7850 ($0.0100) 104 CITY OF SAINT JOHN Page 2of9 2009 OPERATING BUDGET EXPENDITURES 2009 2008 PROPOSED BUDGET BUDGET DEPARTMENT/SERVICE MAYOR'S OFFICE 220,196 220,196 COUNCIL 395,159 564,917 LEGISLATIVE SERVICE 615,355 785,113 CITY MANAGER 520,960 536,310 CORPORATE PLANNING (Note 1) 577,652 717,306 COMMUNICATIONS 250,000 538,557 COMMON CLERK 788,352 827,770 FINANCE 1,546,829 1,719,170 LEGAL 721,173 757,232 GENERAL ADMINISTRATIVE SERVICE 4,404,966 5,096,345 MATERIALS MANAGEMENT 1,057,159 1,035,017 HUMAN RESOURCES 1,384,437 1,413,659 PUBLIC SAFETY COMMUNICATIONS CENTRE 2,062,840 2,165„982 INFORMATION TECHNOLOGY (Note 1) 2,018,794 1,938,963 FLEET SERVICES 702,722 737,858 ADMINISTRATIVE SUPPORT SERVICE 7,225,952 7,291,479 FIRE SERVICE 99,440,419 20,352,440 EMERGENCY MANAGEMENT SERVICE 232,320 308,936 BUILDING & INSPECTION SERVICES 1,543,400 1,540,570 FACILITY MANAGEMENT 978,846 1,027,788 CARPENTRY SHOP 470,314 493,830 CITY MARKET 864,307 894,000 CITY HALL BUILDING 1,716,459 1,480,015 BUILDINGS AND INSPECTION SERVICE 5,573,326 5,436,203 105 CITY OF SAINT JOHN 2009 OPERATING BUDGET EXPENDITURES Page 3 of 9 2009 2008 PROPOSED BUDGET BUDGET MUNICIPAL OPERATIONS ADMIN 1,575,612 1,654,393 INFRASTRUCTURE MANAGEMENT 288,136 302,543 ENGINEERING & GROWTH 414,810 435,551 TRAFFIC ENG & SYSTEMS 1,260,516 1,323,542 SNOW CONTROL STREETS 4,784,657 5,023,890 SNOW CONTROL SIDEWALKS 634,448 666,170 STORM DRAINAGE 2,125,659 2,231,942 STREET CLEANING (Included in Clean Saint John) 1,393,271 0 CLEAN SAINT JOHN 3,624,979 5,269,163 STREET SERVICES 4,703,861 5,389,0154 MUNICIPAL OPERATIONS - PUBLIC WORKS SERVICE 20,805,949 22,296,248 COMMUNITY PLANNING 877,807 1,257,0401 REAL ESTATE (Note 2) 424,787 409,805 G I S 279,728 293,714 HERITAGE 224,702 231,746 PLANNING ADVISORY COMMITTEE 12,400 12,720 ENVIRONMENT COMMITTEE 4,400 4,520 PLANNING AND DEVELOPMENT SERVICE 1,823,824 2,209,545 ADMINISTRATION 728,0175 817,335 FACILITIES 1,482,937 1,355,165 ARENAS 1,121,503 1,170,642 LANDSCAPE 1,539,927 1,859,748 WEST DISTRICT 323,697 320,232 CENTRAL DISTRICT 520,0171 557,797 EAST DISTRICT 392,234 381,282 PRO KIDS 76,147 78,170 CONTRACTED SERVICES 140,000 140,000 SUBSIDIES: FACILITY USAGE 183,0100 192,361 RECREATION COMMUNITY GROUPS 18,0001 36,0100 LEISURE SERVICE 6,525,591 6,908,732 106 CITY OF SAINT JOHN 2009 OPERATING BUDGET EXPENDITURES Page 4 of 9 2009 2008 PROPOSED BUDGET BUDGET SERVICES DELIVERED BY OTHERS POLICE - PROTECTIVE SERVICE 20,063,849 21,935,041 ECONOMIC DEVELOPMENT SERVICE REGIONAL ECONOMIC DEVELOPMENT (Enterprise Saint John) 437,616 427,319 SAINT JOHN DEVELOPMENT CORPORATION 196,028 175,000 WATERFRONT DEVELOPMENT PARTNERSHIP 100,000 105,000 SAINT JOHN INDUSTRIAL PARKS LTD (Note 2) 275,000 315,000 MARKET SQUARE - COMMON AREA COSTS 2,078,407 1,992,535 SAINT JOHN TRADE & CONVENTION CENTRE 528,392 560,728 HARBOUR STATION 342,551 375,966 TOURISM PROMOTION SERVICE (Nate 3) 1,035,218 1,000,706 4,993,212 4,952,254 ARTS AND CULTURE IMPERIAL THEATRE 308,471 311,499 SAINT JOHN ARTS CENTRE 63,895 35,237 ARTS AND CULTURE BOARD 100„000 80,000 PUBLIC ART RESERVE FUND 25,000 25,000 CULTURAL AFFAIRS OFFICE 103,697 106,758 COMMITMENT TO CULTURAL CAPITALS 35,000 75,000 IMPERIAL THEATRE CAPITAL CAMPAIGN 0 25,000 SAINT JOHN THEATRE ARTS 0 10,000 636,063 668,494 RECREATION/LEISURE SERVICE LORD BEAVERBROOK 136,600 140,700 AQUATIC CENTRE (Note 4) 334,234 212,615 SAINT JOHN HORTICULTURAL ASSOCIATION 58,000 40,000 CHERRY BROOK ZOO 0 50,000 528,834 443,315 107 CITY OF SAINT JOHN 2009 OPERATING BUDGET EXPENDITURES Page 5 of 9 2009 2008 PROPOSED BUDGET BUDGET SERVICES DELIVERED BY OTHERS SPECIAL EVENTS: MANAGEMENT SERVICE LOYALIST HERITAGE FESTIVAL 3,000 3,000 JAZZ AND BLUES FESTIVAL 15,000 15,000 FESTIVAL de la BRIE FRANCAIS 5,000 5,000 OTHER 60,000 60,000 OLYMPIC TORCH RELAY- COMMITMENT MADE 0 10,000 ACADIAN GAMES - CITY PROPOSAL ACCEPTED 0 25,000 83,000 118,000 SOCIAL DEVELOPMENT SUPPORT SERVICE LIBRARY 378,600 409,190 UNBSJ CAPITAL CAMPAIGN 200,000 200,000 SENIOR CITIZENS CENTER (free rent) 31,000 31,000 HUMAN DEVELOPMENT COUNCIL (free rent - 8,000) 48,000 48,000 P.R.U.D.E. (free rent) 22,000 22,000 ABILITY ADVISORY COMMITTEE 3,000 3,000 SEAFARER'S MISSION 1,500 1,500 YOUTH 1,500 1,500 OTHER 5,000 0 NEIGHBOURHOOD DEVELOPMENT 150,000 150,000 KEY INDUSTRIES 0 30,000 NON-PROFIT HOUSING ASSISTANCE PROGRAM 0 25,000 HOSPICE 0 10,000 840,600 931,190 PUBLIC TRANSIT SERVICE SAINT JOHN TRANSIT OPERATING 3,519,925 4,242,921 SAINT JOHN TRANSIT DEBT 693,320 774,529 4,213,245 5,017,450 OTHER WATER SUPPLY & HYDRANTS 1,882,000 2,250,000 STREET LIGHTING 925,000 1,000,000 PROPERTY ASSESSMENT 1,009,743 1,101,474 LIABILITY INSURANCE 456,750 670,000 PARKING ADMINISTATION SUPPORT 465,385 478,654 ANIMAL & PEST CONTROL 137,000 143,850 108 4,876,878 5,643,978 CITY OF SAINT JOHN Page 6 of 9 2009 OPERATING BUDGET EXPENDITURES 2009 2008 PROPOSED BUDGET BUDGET FUNDING OF THE GOING CONCERN PENSION LIABILITY FUNDING CHARGE 2004, 2005, & 2006 1,911,632 1,838,384 CURRENT YEAR SPECIAL PAYMENT 3,112,619 3,237,000 ADDITIONAL EMPLOYEE CONTRIBUTIONS (880,086) (915,000) NET COST TO CITY SPECIAL PAYMENT 2,232,533 2,322,000 NET IMPACT PENSION FUNDING 4,144,165 4,160,384 FISCAL CHARGES DEBT PAYMENTS 11,140,105 12,315,802 CAPITAL FROM OPERATING 1,000,000 0 FLEET AND COMPUTER REPLACEMENT 0 0 2nd PREVIOUS YEAR DEFICIT 0 69,000 FISCAL CHARGES 12,140,105 12,384,802 TOTAL EXPENDITURES 119,166,653 126,939,949 Note 1 - Corporate Planning budget is increased as a result of the transfer of two positions from Information Technology. This increase has been offset by a corresponding decrease in Information Technology budget. Note 2 - The costs related to the General Manager position for Saint John Industrial Parks Inc. has been transferred from the Real' Estate budget in Planning and Development Service to the Saint John Industrial Parks budget. Note 3 - Tourism is a Municipal Department Note 4 - Aquatic Centre - The 2049 number is an anomaly resulting from a surplus carry forward from 2006. It is not anticipated to occur again. 109 1/23/2009 CITY OF SAINT JOHN Page 7 of 9 2009 OPERATING BUDGET NON-TAX REVENUE 2009 2008 PROPOSED BUDGET BUDGET SALE OF GOODS AND SERVICES FIRE SERVICE HAZMAT FUNDING 70,000 70,000 POINT LEPREAU 40,000 40,000 CLEARANCE LETTERS 4,000 4,000 POLICE SERVICE LODGE PRISONERS 3,000 3,000 ACCIDENT REPORTS 11,000 11,000 TAXI LICENCES 50,000 50,000 OTHER 35,000 35,000 LEISURE SERVICE SPORTS FIELDS 60,000 54,000 SENIORS PROGRAMS 4,000 4,000 CARLETON COMMUNITY CENTER 9,000 7,500 NORTH END COMMUNITY CENTER 4,500 4,000 ROCKWOOD PARK 8,000 4,300 ADMINISTRATION 0 40,000 PRO KIDS 18,000 18,000 OTHER 30,000 30,000 HURLEY ARENA 180,000 187,000 GORMAN ARENA 140,000 156,000 BELYEA ARENA 134,000 140,000 PETER MURRAY ARENA 125,000 135,000 EMERGENCY DISPATCH SERVICE 390,000 425,230 ADMINISTRATIVE SERVICES SAINT JOHN NON PROFIT HOUSING 45,000 46,000 SAINT JOHN TRANSIT 42,000 45,000 SAINT JOHN PENSION PLAN 200,000 200,000 SAINT JOHN WATER 1,464,000 1,596,000 OTHER TOURISM PARTNERSHIP 75,500 75,500 OTHER TOURISM 3,000 0 PLANNING DEPT SERVICES 50,000 25,000 GIS SALES 0 25,000 SALE OF USED EQUIPMENT 5,000 5,000 GARBAGE COLLECTION 5,000 5,000 TRANSPORTATION TENDERS 500 500 10 1/2312009 CITY OF SAINT JOHN Page 8 of 9 2009 OPERATING BUDGET NON-TAX REVENUE 2009 2008 PROPOSED BUDGET BUDGET OTHER REVENUE FROM OWN SOURCES LICENSES AND PERMITS BUILDING PERMITS 1,000,000 1,560,000 PLUMBING PERMITS 70,000 100,000 DEMOLITION PERMITS 5,000 5,300 MOBILE HOME PERMITS 1,250 1„2510 GRAVEL PIT PERMITS 22,000 22,000 EXCAVATION PERMITS 250 0 BUSINESS LICENCES 500 500 REZONING APPLICATIONS 20,000 20,000 OTHER 12,000 12,000 GAS PIPELINE LICENCE 16,500 16,500 FINES AND PARKING MARKET SQUARE PARKING 1,022,531 1,037,012 PARKING METERS 775,000 852,500 METER VIOLATIONS 210,000 275,000 METER SUMMONSES 46,000 56,000 TRAFFIC BY LAW FINES 250,000 285,000 TRAFFIC BY LAW SUMMONSES 30,000 35,000 COURT FINES 60,000 0 RENTALS MARKET RENTALS 435,000 485,000 LAND AND BUILDINGS 135,000 146,500 CITY HALL 58,000 58,000 SHORT TERM INTEREST 250,000 250,000 CONDITIONAL GRANTS FROM OTHER GOVERNMENTS PROVINCIAL HIGHWAY MAINTENANCE 250,000 300,000 OTHER REVENUE MISCELLANEOUS 109,839 175,000 SURPLUS 2ND PREVIOUS YEAR 1,057,898 0 TOTAL NON TAX REVENUE 9,042,268 9,133,592 111 1/23/2009 CITY OF SAINT JOHN PROPERTY ASSESSMENT CHARGE 2008 2009 Assessment base $5,048,716,432 $5,507,368,788 Fee 2.00% 1,009,743 1,101,474 Page 9 of 9 112 APPENDIX B City of Saint John Schedule of Third Party Payments 2009 Operating Authority to Disburse: Commissioner of Finance Amount Saint John Board of Police Commission (including capital) 21,935,041 Saint John Transit Commission 4,242,921 Saint John Transit (long term debt repayments) 774,529 Saint John Regional Facilities Commission which includes: Imperial Theatre (capital is separate request) 311,499 Saint John Aquatic Centre (capital is separate request) 212,615 Saint John Arts Centre 35,237 Saint John Trade and Convention (capital is separate request) 560,728 Harbour Station 375„966 Imperial Theatre (capital request) 25,000 Saint John Development Corporation 175,000 Saint John Public Library (capital is separate request) 409,190 Parking Administration 478,654 Lord Beaverbrook Rink (Board of Trustees) 140,700 Saint John Horticultural Association 40,000 Saint John Industrial Parks 315,000 Cherry Brook Zoo 50,000 Saint John Community Arts Board (including Art Reserve & Cultural Capital) 180,000 Loyalist Heritage Festival 3,000 Jazz and Blues Festival 15,000 Festival de la Baie Francais 5,000 Fundy Bay Festival 10,000 Mind Care NB 10,000 The Pavilion Cup Challenge 5,000 Public Fireworks (Market Square) 15,200 NB Day Parade 1,000 Senior Resource Center 3,000 Remembrance Day Ceremony 2,000 Ability Advisory Committee 3,000 Seafarer's Mission 1,500 Human Development Council 40,000 University of New Brunswick 200,000 Key Industries 30,000 Market Square Common Area Costs 1,992,535 Regional Economic Development (Enterprise Saint John) 427,319 Waterfront Development Partnership 105,000 Olympic Torch Relay 10,000 Acadian Games 25,000 Senior Citizens 1,000 Hospice Saint Jahn 10,000 Saint John Theatre 10,000 33,186,634 113